Download BILL NUMBER: AB 1615 INTRODUCED BILL TEXT INTRODUCED

BILL NUMBER: AB 1615
BILL TEXT
INTRODUCED
INTRODUCED BY
Assembly Member Sharon Runner
(Coauthors: Assembly Members Smyth and Strickland)
FEBRUARY 23, 2007
An act to add Sections 10109.5, 10297.5, and 12102.5 to the Public
Contract Code, relating to state contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1615, as introduced, Sharon Runner. State contracts:
unauthorized aliens.
Existing law governs contracting between state agencies and
private contractors, and sets forth requirements for the erection,
alteration, repair, or improvement of any state structure, building,
road, or any other state improvement of any kind, and for the
procurement of materials, supplies, equipment, and services by state
agencies.
This bill would prohibit all state agencies from awarding any
contract for the construction of a public works project, for the
acquisition of goods and services, and for the acquisition of
information technology goods and services to a bidder or contractor
that hires or recruits or refers for a fee, for employment in the
United States, an alien, knowing the alien is an unauthorized alien,
as defined. The bill also would require all state agencies to verify
that all of the employees of a bidder or contractor have been subject
to the Basic Pilot Program Extension and Expansion Act of 2003. The
bill would require a bidder or contractor who discovers that it is
employing an unauthorized alien to inform the state agency within 3
days of that discovery.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10109.5 is added to the Public Contract Code,
to read:
10109.5. (a) No state agency, that is subject to this chapter,
shall award a contract for a project to a bidder or contractor that
hires or recruits or refers for a fee, for employment in the United
States, an alien, knowing the alien is an unauthorized alien, as
defined in Section 1324a(h)(3) of Title 8 of the United States Code,
with respect to such employment.
(b) For purposes of this section, a state agency that is subject
to this chapter shall verify the employment records of the bidder or
contractor that none of its employees are unauthorized aliens
pursuant to Section 1324a(b) of Title 8 of the United States Code,
and that all of employees of the bidder or contractor have been
subject to the Basic Pilot Program Extension and Expansion Act of
2003 (8 U.S.C. 1101).
(c) If a bidder or contractor discovers that it is employing an
unauthorized alien, the bidder or contractor shall inform the state
agency within three days of that discovery.
SEC. 2. Section 10297.5 is added to the Public Contract Code, to
read:
10297.5. (a) No state agency, that is subject to this chapter,
shall award a contract for the acquisition of goods and services to a
bidder or contractor that hires or recruits or refers for a fee, for
employment in the United States, an alien, knowing the alien is an
unauthorized alien, as defined in Section 1324a(h)(3) of Title 8 of
the United States Code, with respect to such employment.
(b) For purposes of this section, a state agency that is subject
to this chapter shall verify the employment records of the bidder or
contractor that none of its employees are unauthorized aliens
pursuant to Section 1324a(b) of Title 8 of the United States Code,
and that all of employees of the bidder or contractor have been
subject to the Basic Pilot Program Extension and Expansion Act of
2003 (8 U.S.C. 1101).
(c) If a bidder or contractor discovers that it is employing an
unauthorized alien, the bidder or contractor shall inform the state
agency within three days of that discovery.
SEC. 3. Section 12102.5 is added to the Public Contract Code, to
read:
12102.5. (a) No state agency, that is subject to this chapter,
shall award a contract for the acquisition of information technology
goods and services to a bidder or contractor that hires or recruits
or refers for a fee, for employment in the United States, an alien,
knowing the alien is an unauthorized alien, as defined in Section
1324a(h)(3) of Title 8 of the United States Code, with respect to
such employment.
(b) For purposes of this section, a state agency that is subject
to this chapter shall verify the employment records of the bidder or
contractor that none of its employees are unauthorized aliens
pursuant to Section 1324a(b) of Title 8 of the United States Code,
and that all of employees of the bidder or contractor have been
subject to the Basic Pilot Program Extension and Expansion Act of
2003 (8 U.S.C. 1101).
(c) If a bidder or contractor discovers that it is employing an
unauthorized alien, the bidder or contractor shall inform the state
agency within three days of that discovery.