State Codes and Statutes

Statutes > California > Gov > 8790.80-8790.87

GOVERNMENT CODE
SECTION 8790.80-8790.87



8790.80.  (a) Notwithstanding any other provision of law, each
awarding department shall offer participation to minority and women
business enterprises in all contracts for bonds issued pursuant to
this chapter by the awarding department, except if a contract for
professional bond services of an underwriter is to be obtained by
competitive bid. Each awarding department shall have annual statewide
participation goals of not less than 15 percent for minority
business enterprises and 5 percent for women business enterprises for
contracts entered into by the awarding department during the year
for each of the professional bond services. These goals shall apply
to the overall dollar amount expended by the awarding department
pursuant to this chapter with respect to the contracts for
professional bond services relating to the issuance of bonds by the
awarding department including amounts spent as underwriter's and
market discounts.
   (b) In attempting to meet the goals set forth in subdivision (a),
the awarding department shall consider establishing cocounsel, joint
venture, and subcontracting relationships including minority business
enterprises and women business enterprises in all contracts for
bonds awarded by the awarding department. However, nothing in this
article shall preclude the awarding department from achieving the
goals set forth in this section without requiring joint ventures,
cocounsel, or subcontracting arrangements.
   (c) This section shall not limit the ability of any awarding
department to meet a goal higher than those set forth in subdivision
(a) for participation of minority and women business enterprises in
contracts awarded by the awarding department.



8790.81.  As used in this article, the following definitions apply:
   (a) "Awarding department" means any state agency, department,
constitutional officer, governmental entity, or other officer or
entity empowered by law to issue bonds on behalf of the State of
California.
   (b) "Bonds" means bonds, notes, warrants, certificates of
participation, and other evidences of indebtedness issued by or on
behalf of the State of California.
   (c) "Contract" includes any contract, agreement, or joint
agreement to provide professional bond services to the State of
California or an awarding department.
   (d) "Contractor" means any provider of professional bond services
who enters into a contract with an awarding department.
   (e) "Goal" means a numerically expressed objective which awarding
departments and providers of professional bond services are required
to make efforts to achieve.
   (f) "Minority" means an ethnic person of color including American
Indians, Asians (including, but not limited to, Chinese, Japanese,
Koreans, Pacific Islanders, Samoans, and Southeast Asians), Blacks,
Filipinos, and Hispanics.
   (g) "Minority business enterprise" means a business concern which
meets all of the following requirements:
   (1) A sole proprietorship owned by a minority or a firm or
partnership, 51 percent of the stock or partnership interests of
which are owned by one or more minorities.
   (2) Managed by, and the daily business operations are controlled
by, one or more minorities.
   (3) A sole proprietorship, corporation, or partnership with its
home office located in the United States, which is not a branch or
subsidiary of a foreign corporation, firm, or other business.
   (h) "Professional bond services" include services as financial
advisors, bond counsel, underwriters in negotiated transactions,
underwriter's counsel, financial printers, feasibility consultants,
and other professional services related to the issuance and sale of
bonds.
   (i) "Women business enterprise" means a business concern which
meets all of the following requirements:
   (1) A sole proprietorship owned by a woman or is a firm or
partnership, 51 percent of the stock or partnership interests of
which are owned by one or more women.
   (2) Managed by, and the daily business operations are controlled
by, one or more women.
   (3) A sole proprietorship, corporation, or partnership with its
home office located in the United States.



8790.82.  Notwithstanding Section 8790.80, if a contract for
professional bond services of an underwriter is to be obtained by
competitive bid, the awarding department shall, at a minimum, take
all of the following actions:
   (a) Deliver the notice of sale or other notification of intention
to issue the bonds to all minority and women business enterprises who
have listed their names with the awarding department for the purpose
of this notice and such other qualified minority and women business
enterprises known to the awarding department.
   (b) State in all notices of sale and other notifications of
intention to issue bonds that minority and women business enterprises
are encouraged to respond.
   (c) Require all submitting bidders to certify their awareness of
the goals of the awarding department in accordance with this article.



8790.83.  (a) The awarding department shall establish a method of
monitoring adherence to the goals specified in Section 8790.80,
including requiring a followup report from all contractors upon the
completion of any sale of bonds.
   (b) The awarding department shall adopt rules and regulations for
the purpose of implementing this section. Emergency regulations
consistent with this section may be adopted without review and
approval by the Office of Administrative Law if adopted within 90
days of the effective date of this article.



8790.84.  In implementing this article, the awarding department
shall utilize existing resources such as the Office of Small and
Minority Business.


8790.85.  Beginning July 1, 1988, and on January 1, 1989, and on
January 1 of each year thereafter, each awarding department shall
report to the Governor and the Legislature on the level of
participation by minority and women business enterprises in contracts
as identified in this article. If the established goals are not met,
the awarding department shall report the reasons for its inability
to achieve the goals and identify steps it shall take in an effort to
achieve the goals.



8790.86.  Notwithstanding anything in this article to the contrary,
the validity or enforceability of any bonds to which this article
applies shall not be affected in any way by the failure of an
awarding department to meet the goals established under this article.




8790.87.  If another statute, which is chaptered and takes effect
after this article, establishes minority and women business
enterprise participation goals which are generally applicable to
professional bond services but are different than the goals
established under this article, those goals of the subsequently
enacted statute shall supersede the goals established under this
article.

State Codes and Statutes

Statutes > California > Gov > 8790.80-8790.87

GOVERNMENT CODE
SECTION 8790.80-8790.87



8790.80.  (a) Notwithstanding any other provision of law, each
awarding department shall offer participation to minority and women
business enterprises in all contracts for bonds issued pursuant to
this chapter by the awarding department, except if a contract for
professional bond services of an underwriter is to be obtained by
competitive bid. Each awarding department shall have annual statewide
participation goals of not less than 15 percent for minority
business enterprises and 5 percent for women business enterprises for
contracts entered into by the awarding department during the year
for each of the professional bond services. These goals shall apply
to the overall dollar amount expended by the awarding department
pursuant to this chapter with respect to the contracts for
professional bond services relating to the issuance of bonds by the
awarding department including amounts spent as underwriter's and
market discounts.
   (b) In attempting to meet the goals set forth in subdivision (a),
the awarding department shall consider establishing cocounsel, joint
venture, and subcontracting relationships including minority business
enterprises and women business enterprises in all contracts for
bonds awarded by the awarding department. However, nothing in this
article shall preclude the awarding department from achieving the
goals set forth in this section without requiring joint ventures,
cocounsel, or subcontracting arrangements.
   (c) This section shall not limit the ability of any awarding
department to meet a goal higher than those set forth in subdivision
(a) for participation of minority and women business enterprises in
contracts awarded by the awarding department.



8790.81.  As used in this article, the following definitions apply:
   (a) "Awarding department" means any state agency, department,
constitutional officer, governmental entity, or other officer or
entity empowered by law to issue bonds on behalf of the State of
California.
   (b) "Bonds" means bonds, notes, warrants, certificates of
participation, and other evidences of indebtedness issued by or on
behalf of the State of California.
   (c) "Contract" includes any contract, agreement, or joint
agreement to provide professional bond services to the State of
California or an awarding department.
   (d) "Contractor" means any provider of professional bond services
who enters into a contract with an awarding department.
   (e) "Goal" means a numerically expressed objective which awarding
departments and providers of professional bond services are required
to make efforts to achieve.
   (f) "Minority" means an ethnic person of color including American
Indians, Asians (including, but not limited to, Chinese, Japanese,
Koreans, Pacific Islanders, Samoans, and Southeast Asians), Blacks,
Filipinos, and Hispanics.
   (g) "Minority business enterprise" means a business concern which
meets all of the following requirements:
   (1) A sole proprietorship owned by a minority or a firm or
partnership, 51 percent of the stock or partnership interests of
which are owned by one or more minorities.
   (2) Managed by, and the daily business operations are controlled
by, one or more minorities.
   (3) A sole proprietorship, corporation, or partnership with its
home office located in the United States, which is not a branch or
subsidiary of a foreign corporation, firm, or other business.
   (h) "Professional bond services" include services as financial
advisors, bond counsel, underwriters in negotiated transactions,
underwriter's counsel, financial printers, feasibility consultants,
and other professional services related to the issuance and sale of
bonds.
   (i) "Women business enterprise" means a business concern which
meets all of the following requirements:
   (1) A sole proprietorship owned by a woman or is a firm or
partnership, 51 percent of the stock or partnership interests of
which are owned by one or more women.
   (2) Managed by, and the daily business operations are controlled
by, one or more women.
   (3) A sole proprietorship, corporation, or partnership with its
home office located in the United States.



8790.82.  Notwithstanding Section 8790.80, if a contract for
professional bond services of an underwriter is to be obtained by
competitive bid, the awarding department shall, at a minimum, take
all of the following actions:
   (a) Deliver the notice of sale or other notification of intention
to issue the bonds to all minority and women business enterprises who
have listed their names with the awarding department for the purpose
of this notice and such other qualified minority and women business
enterprises known to the awarding department.
   (b) State in all notices of sale and other notifications of
intention to issue bonds that minority and women business enterprises
are encouraged to respond.
   (c) Require all submitting bidders to certify their awareness of
the goals of the awarding department in accordance with this article.



8790.83.  (a) The awarding department shall establish a method of
monitoring adherence to the goals specified in Section 8790.80,
including requiring a followup report from all contractors upon the
completion of any sale of bonds.
   (b) The awarding department shall adopt rules and regulations for
the purpose of implementing this section. Emergency regulations
consistent with this section may be adopted without review and
approval by the Office of Administrative Law if adopted within 90
days of the effective date of this article.



8790.84.  In implementing this article, the awarding department
shall utilize existing resources such as the Office of Small and
Minority Business.


8790.85.  Beginning July 1, 1988, and on January 1, 1989, and on
January 1 of each year thereafter, each awarding department shall
report to the Governor and the Legislature on the level of
participation by minority and women business enterprises in contracts
as identified in this article. If the established goals are not met,
the awarding department shall report the reasons for its inability
to achieve the goals and identify steps it shall take in an effort to
achieve the goals.



8790.86.  Notwithstanding anything in this article to the contrary,
the validity or enforceability of any bonds to which this article
applies shall not be affected in any way by the failure of an
awarding department to meet the goals established under this article.




8790.87.  If another statute, which is chaptered and takes effect
after this article, establishes minority and women business
enterprise participation goals which are generally applicable to
professional bond services but are different than the goals
established under this article, those goals of the subsequently
enacted statute shall supersede the goals established under this
article.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 8790.80-8790.87

GOVERNMENT CODE
SECTION 8790.80-8790.87



8790.80.  (a) Notwithstanding any other provision of law, each
awarding department shall offer participation to minority and women
business enterprises in all contracts for bonds issued pursuant to
this chapter by the awarding department, except if a contract for
professional bond services of an underwriter is to be obtained by
competitive bid. Each awarding department shall have annual statewide
participation goals of not less than 15 percent for minority
business enterprises and 5 percent for women business enterprises for
contracts entered into by the awarding department during the year
for each of the professional bond services. These goals shall apply
to the overall dollar amount expended by the awarding department
pursuant to this chapter with respect to the contracts for
professional bond services relating to the issuance of bonds by the
awarding department including amounts spent as underwriter's and
market discounts.
   (b) In attempting to meet the goals set forth in subdivision (a),
the awarding department shall consider establishing cocounsel, joint
venture, and subcontracting relationships including minority business
enterprises and women business enterprises in all contracts for
bonds awarded by the awarding department. However, nothing in this
article shall preclude the awarding department from achieving the
goals set forth in this section without requiring joint ventures,
cocounsel, or subcontracting arrangements.
   (c) This section shall not limit the ability of any awarding
department to meet a goal higher than those set forth in subdivision
(a) for participation of minority and women business enterprises in
contracts awarded by the awarding department.



8790.81.  As used in this article, the following definitions apply:
   (a) "Awarding department" means any state agency, department,
constitutional officer, governmental entity, or other officer or
entity empowered by law to issue bonds on behalf of the State of
California.
   (b) "Bonds" means bonds, notes, warrants, certificates of
participation, and other evidences of indebtedness issued by or on
behalf of the State of California.
   (c) "Contract" includes any contract, agreement, or joint
agreement to provide professional bond services to the State of
California or an awarding department.
   (d) "Contractor" means any provider of professional bond services
who enters into a contract with an awarding department.
   (e) "Goal" means a numerically expressed objective which awarding
departments and providers of professional bond services are required
to make efforts to achieve.
   (f) "Minority" means an ethnic person of color including American
Indians, Asians (including, but not limited to, Chinese, Japanese,
Koreans, Pacific Islanders, Samoans, and Southeast Asians), Blacks,
Filipinos, and Hispanics.
   (g) "Minority business enterprise" means a business concern which
meets all of the following requirements:
   (1) A sole proprietorship owned by a minority or a firm or
partnership, 51 percent of the stock or partnership interests of
which are owned by one or more minorities.
   (2) Managed by, and the daily business operations are controlled
by, one or more minorities.
   (3) A sole proprietorship, corporation, or partnership with its
home office located in the United States, which is not a branch or
subsidiary of a foreign corporation, firm, or other business.
   (h) "Professional bond services" include services as financial
advisors, bond counsel, underwriters in negotiated transactions,
underwriter's counsel, financial printers, feasibility consultants,
and other professional services related to the issuance and sale of
bonds.
   (i) "Women business enterprise" means a business concern which
meets all of the following requirements:
   (1) A sole proprietorship owned by a woman or is a firm or
partnership, 51 percent of the stock or partnership interests of
which are owned by one or more women.
   (2) Managed by, and the daily business operations are controlled
by, one or more women.
   (3) A sole proprietorship, corporation, or partnership with its
home office located in the United States.



8790.82.  Notwithstanding Section 8790.80, if a contract for
professional bond services of an underwriter is to be obtained by
competitive bid, the awarding department shall, at a minimum, take
all of the following actions:
   (a) Deliver the notice of sale or other notification of intention
to issue the bonds to all minority and women business enterprises who
have listed their names with the awarding department for the purpose
of this notice and such other qualified minority and women business
enterprises known to the awarding department.
   (b) State in all notices of sale and other notifications of
intention to issue bonds that minority and women business enterprises
are encouraged to respond.
   (c) Require all submitting bidders to certify their awareness of
the goals of the awarding department in accordance with this article.



8790.83.  (a) The awarding department shall establish a method of
monitoring adherence to the goals specified in Section 8790.80,
including requiring a followup report from all contractors upon the
completion of any sale of bonds.
   (b) The awarding department shall adopt rules and regulations for
the purpose of implementing this section. Emergency regulations
consistent with this section may be adopted without review and
approval by the Office of Administrative Law if adopted within 90
days of the effective date of this article.



8790.84.  In implementing this article, the awarding department
shall utilize existing resources such as the Office of Small and
Minority Business.


8790.85.  Beginning July 1, 1988, and on January 1, 1989, and on
January 1 of each year thereafter, each awarding department shall
report to the Governor and the Legislature on the level of
participation by minority and women business enterprises in contracts
as identified in this article. If the established goals are not met,
the awarding department shall report the reasons for its inability
to achieve the goals and identify steps it shall take in an effort to
achieve the goals.



8790.86.  Notwithstanding anything in this article to the contrary,
the validity or enforceability of any bonds to which this article
applies shall not be affected in any way by the failure of an
awarding department to meet the goals established under this article.




8790.87.  If another statute, which is chaptered and takes effect
after this article, establishes minority and women business
enterprise participation goals which are generally applicable to
professional bond services but are different than the goals
established under this article, those goals of the subsequently
enacted statute shall supersede the goals established under this
article.