KALIFORNIALI ERMENI SENATORUN VERDIGI YASA TASARISI – TURK VE AZERI SIRKETLERININ KALIFORNIADA IS YAPMASINI ONLEMEK UZERE
Dostlar,
Birgun donup dolasip gelecegi nokta buydu…
Eger bu Ermeni yasasi Sacramento’da gecerse Turkiye ve Azerbaycan ile ticaret yapan firmalar suclu sayilacak ve ceza odeyecek. Buyurun bakalim. Yillar suren sessizligimize, “Bana ne canim, baskalari yapsin” zihniyetine bicilen aci bir fiatdir bu.
Asagida Karahan Mete’nin yazdigi ilk ve tek mektup. Bu is birkac kisinin isi degil, butun toplumun isi. Hatta, Turkiye’mizin de isi.
Neye uzuluyorum en cok biliyor musunuz?
Su satirlari yazdigim anda Kaliforniya’nin en buyuk Turk Festivali’nin acilisinin yapilmasina 3 gun kalmis. Costa Mesa’daki Orange County Fair alanina duzinelerce Turk marangoz, asci-sef, ve is adami gelmis. Kaliforniya otelleri Turk dolu. Hepsi ticareti nasil patlatiriz diye umut ve heyecan dolu dolu gelmisler. Halbuki Sacramento’daki bir Ermeni “kardesimiz” onlar icin, bizler icin, hepimiz icin daragaclarini hazirliyor, hem de benim kesemden verdigim vergilerimle!
Bizim toplum ise masallah misil misil uykuya devam.
Allah rahat uykular versin.
Baska ne denir?
…
Ergün KIRLIKOVALI
TURKISH FORUM DANISMA KURULU UYESI
BILL NUMBER: AB 961 INTRODUCED
BILL TEXT
INTRODUCED BY
Assembly Member Krekorian
FEBRUARY 26, 2009
An act to add Article 14 (commencing with
Section 10485) to
Chapter 2 of Part 2 of Division 2 of the Public
Contract Code,
relating to public contracts.
LEGISLATIVE COUNSEL’S DIGEST
AB 961, as introduced, Krekorian.
Public contracts: state contract
eligibility: genocidal regimes.
Existing law authorizes contracting between state agencies and
private contractors and sets forth requirements for the procurement
of goods and services by state agencies and the various
responsibilities of state agencies and the Department of General
Services in implementing state contracting procedures and policies.
Existing law prohibits a scrutinized company, as defined, that is
involved in specified activities in Sudan, from entering into a
contract with a state agency for goods or services, subject to
specified requirements and exemptions.
This bill would prohibit a scrutinized company, as defined, that
was engaged in business with perpetrators of genocide, from entering
into a contract with a state agency for goods or services. The bill
also would require a prospective bidder for those state contracts,
that currently or within the previous 3 years has had business
activities or other operations outside of the United States, to
certify that the company is not a scrutinized company and would
impose civil penalties, as specified, for a company that provides a
false certification.
The bill would allow the Director of General Services, under specified
conditions, to permit a scrutinized company to enter into state contracts
for goods and services.
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. Article 14 (commencing with Section 10485) is added to
Chapter 2 of Part 2 of Division 2 of the Public Contract Code, to
read:
Article 14. Prohibition on Contracts with Companies that Aided
Genocidal Regimes 10485. For purposes of this article, the
following definitions apply:
(a) “Genocide” means any of the following events:
(1) The atrocities committed by the Ottoman and
Turkish governments against Armenians from 1915 to 1923,
inclusive, which constituted the Armenian Genocide, and the
massacres of Armenians committed by the Ottoman Empire from
1894 to 1909, inclusive.
(2) The Holocaust committed by Nazi Germany against Jews from 1938
to 1945, inclusive, and the persecution and massacre of Roman,
Slavic, Polish, Soviet, disabled people, homosexuals, and political
and religious dissidents by the Nazi regime.
(3) The oppression, forced labor, and murder of the Cambodian
people by the Khmer Rouge regime from 1975 to 1979, inclusive.
(4) The aggression and ethnic cleansing committed by the Rwandan
Hutu majority against minority Rwandan Tutsis that constituted the
Rwandan genocide of 1994.
(5) The aggression and ethnic cleansing committed by elements of
the Bosnian Serb army against the people of Bosnia and Herzegovina
from 1992 to 1995, inclusive.
(b) “Scrutinized company” means a company, and any affiliates of
that company, that was engaged in business with the perpetrators of
genocide and that still holds looted or deposited assets of a victim
of a genocide or his or her heirs.
10485.5. (a) A scrutinized company is ineligible to, and shall
not, bid on or submit a proposal for a contract with a state agency
for goods or services.
(b) (1) Notwithstanding subdivision (a), the Director of General
Services may permit a scrutinized company, on a case-by-case basis,
to bid on or submit a proposal for a contract with a state agency for
goods or services, if it is in the best interests of the state to
permit the scrutinized company to bid on or submit a proposal for one
or more contracts with a state agency for goods or services.
(2) In making this determination, the Director of General Services
may consider attempts by a scrutinized company to settle claims
against it by a victim of genocide, or his or her heirs, or evidence
refuting those claims presented by the scrutinized company.
10486.
(a) A state agency shall require a company that submits a
bid or proposal with respect to a contract for goods or services,
that currently or within the previous three years has had business
activities or other operations outside of the United States, to
certify that the company is not a scrutinized company.
(b) A state agency shall not require a company that submits a bid
or proposal with respect to a contract for goods and services to
certify that the company is not a scrutinized company if the company
has obtained permission to bid on or submit a proposal for a contract
with a state agency pursuant to subdivision (b) of
Section 10485.5.
10486.5. (a) If the Department of General Services determines
that a company has submitted a false certification under Section
10486, the company shall be subject to all of the following:
(1) The company is liable for a civil penalty in an amount that is
equal to the greater of two hundred fifty thousand dollars
($250,000) or twice the amount of the contract for which a bid or
proposal was submitted.
(2) The state agency or the Department of General Services may
terminate the contract with the company.
(3) The company is ineligible to, and shall not, bid on a state
contract for a period of not less than three years from the date the
state agency determines that the company submitted the false
certification.
(b) The Department of General Services shall report to the
Attorney General the name of the company that the Department of
General Services determined had submitted a false certification under
Section 10486, together with its information as to the false
certification, and the Attorney General shall determine whether to
bring a civil action against the company. The company shall pay all
costs and fees the plaintiff incurred in a civil action, including
costs incurred by the state agency and the Department of General
Services for investigations that led to the finding of the false
certification and all costs and fees incurred by the Attorney
General.
10487. (a) If any one or more provision, section, subdivision,
paragraph, sentence, clause, phrase, or word of this act or the
application thereof to any person or circumstance is found to be
invalid, illegal, unenforceable, or unconstitutional, the same is
hereby declared to be severable and the balance of this act shall
remain effective and functional notwithstanding such invalidity,
illegality, unenforceability, or unconstitutionality.
(b) The Legislature hereby declares it would have passed this act,
and each provision, section, subdivision, paragraph, sentence,
clause, phrase or word thereof, irrespective of the fact that any one
or more provision, section, subdivision, paragraph, sentence,
clause, phrase, or word be declared invalid, illegal, unenforceable,
or unconstitutional.
Letter sent by Karahan Mete, TP&J COM. IN CALIFORNIA:
Turkish Peace and Justice Committee California
P. O. Box. 866 Sacramento, CA 95812–866 Tel: 530 297-1655 [email protected]
AB 961***
California Assembly member Kerkorian introduced bill AB 961.
Simple and plain evaluation for AB 961 is: the bill basically forbids the company for betting on California government contracts if they are doing business with countries that proved or assumed to be contributed to holocaust, genocide or atrocity. In his definition, every country in the world can be accused of contributed atrocity and be barred from California government contracts. His first line of the accused countries are Germany, Italy, Austria, France, Pollen, Russia, Cambodia, Rwanda, Serbia, Turkey etc.
While United States is struggling with huge trade deficits that cannot be sustained for a long period of time, introducing such a very poorly prepared bill will be very destructive for the US economy.
About the US / Turkish trade relation;
- US have trade surplus with Turkey.
- Turkey imports from US is twice as much its export in US
- US is Turkey’s second largest trade partner after the EU
- Turkey buys everything from US, from potato chips to computer chips.
- From seeds to agricultural products.
- Turkey imports large amounts of grain, rice, corn and others
- Turkey imports machinery parts and buys engineering and consulting services.
- Turkey buys almost all the military equipments and parts from US
- Turkey buys commercial and military aircraft and parts from US.
- Some of the large utility companies involved for building energy power-plant in Turkey
- Tourism industries rapidly growing between two countries. US hotel chains are operating hotels and resorts in Turkey.
- Some of the California satellite-launching companies are negotiating with Turkey for getting multimillion dollar contracts.
All these companies and others that are doing profitable business with Turkey will be barred from California Government contracts according to AB 961. This same unethical policy will be applied to countries stated in this bill (Germany, Italy, Austria, France, Pollen, Russia, Cambodia, Rwanda, Serbia, Turkey etc.).
AB 961 is written so poorly that it will scrutinize any business and it will create out-of-control lawsuits that might cost hundreds of millions of dollars from US Companies and strain their competitiveness. In addition, AB 961 will create massive bureaucracy and position state department to undertake imposable tasks.
At a time when all the trade organizations, Federal and state agencies are working diligently trying to improve US trade, it is hard to understand a lawmaker to take such drastic and unnecessary steps to cause distress in US economy.
While this bill is an insult to these countries, they can take their businesses somewhere else (another country or States). AB 961 does nothing on these countries stated in this bill but will instead harm the US and California economy. Eventually, this bill will widen US trade deficits and cost US taxpayer millions of dollars, cause job losses and increase unemployment….
In addition, we all support human rights, democracy and justice, and this bill does not contribute to world human rights, democracy or justice. On the contrary, this bill creates an unjust state of affairs for our own US Companies to compete in the world market.
Furthermore, the AB 961 subject matter is an international state of affair. State should not be interfering or passing laws that contradict United States international affairs.
We respectfully ask you to take all the necessary steps to prevent this destructive act against US companies and prevent devastation in US and California economy.
Respectfully yours,
Karahan Mete
(530) 297-1655
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