Bill Text: CA AB366 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Women, minority, and disabled veteran business enterprises.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB366 Detail]

Download: California-2013-AB366-Amended.html

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BILL NUMBER: AB 366	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Member Holden

                        FEBRUARY 14, 2013

   An act to amend Section 8282 of the Public Utilities Code,
relating to women, minority, and disabled veteran business
enterprises.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 366, as amended, Holden. Women, minority, and disabled veteran
business enterprises.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical, gas, water,
and telephone corporations. Existing law authorizes the commission to
establish rules for all public utilities, subject to control by the
Legislature.
   Existing law directs the commission to require every electrical,
gas, water, wireless telecommunications service provider, and
telephone corporation with annual gross revenues exceeding
$25,000,000, and their regulated subsidiaries and affiliates, to
implement a program developed by the commission to encourage,
recruit, and utilize minority-, women-, and disabled veteran-owned
business enterprises, as defined, in the procurement of contracts
from those corporations or from their regulated subsidiaries and
affiliates, and to require the reporting of certain information.
Existing law requires the commission, by rule or order, to adopt
criteria for verifying and determining eligibility of women,
minority, and disabled veteran business enterprises for procurement
contracts. The commission, by its rulemaking authority, has adopted
General Order 156, applicable to certain electrical, gas, and
telephone corporations, to effectuate these requirements. For the
purposes of these provisions, existing law defines a minority
business enterprise  as a business enterprise that is at
least 51% owned by a minority group or groups; or, in the case of any
publicly owned business, at least 51% of the stock of which is owned
by one or more minority groups, and whose management and daily
business operations are controlled by one or more of those
individuals.   , women business enterprise, and disabled
  veteran business enterprise.  
   This bill would revise the definition of a minority business
enterprise by providing that a minority business enterprise means
that at least 51% of the business enterprise, or at least 51% of the
stock in the case of a publicly owned company, is owned by one or
more minority groups, or that the management and daily operations of
the business are controlled by one or more members of a minority
group.  
   This bill would revise and recast these definitions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8282 of the Public Utilities Code is amended to
read:
   8282.  For the purposes of this article, the following definitions
apply:
   (a) "Women business enterprise" means a business enterprise
 that   whose management and daily business
operations are controlled by one or more women and  is 
either  at least 51 percent owned by a woman or women; or, in
the case of any publicly owned business,  has a board of 
 directors whose membership includes  at least 51 percent
 of the stock of which is owned by one or more women; and
whose management and daily business operations are controlled by one
or more of those individuals.   women, and did so for at
least five years prior to the certification of the publicly owned
business as a women business enterprise. 
   (b) "Minority business enterprise" means a business enterprise
 that   whose management and daily business
operations are controlled by one or more members of a minority group
and  is  either  at least 51 percent owned by a
minority group or groups; or, in the case of any publicly owned
business,  has a board of directors whose membership includes
 at least 51 percent of  the stock of which is owned by
 one or more minority groups  , or whose management
and daily business operations are controlled by one or more members
of a minority group.   and did so for at least five
years prior to the certification of the publicly owned business as a
minority business enterprise.  The contracting utility shall
presume that minority includes  Asian Pacific Americans, 
Black Americans, Hispanic Americans,  and Native Americans
 , and Asian Pacific Americans  .
   (c) "Disabled veteran business enterprise" has the same meaning as
defined in  paragraph (7) of  subdivision  (g)
  (b)  of Section 999 of the Military and Veterans
Code  , except that in the case of any publicly owned business
the board of directors membership shall include at least 51 percent
disabled veterans, and the executive management and daily business
operations shall be controlled by one or more disabled veterans. The
membership of the board of directors must consist of at least 51
percent disabled veterans for at least five years prior to the
certification of a publicly owned business as a disabled veteran
business enterprise  .
   (d) "Control" means exercising the power to make policy decisions.

   (e)  "Operate" means being actively involved in the day-to-day
management and not merely officers or directors.