Bill Text: CA AB906 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Personal services contracts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-11 - Chaptered by Secretary of State - Chapter 744, Statutes of 2013. [AB906 Detail]

Download: California-2013-AB906-Amended.html

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BILL NUMBER: AB 906	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 11, 2013
	AMENDED IN SENATE  SEPTEMBER 6, 2013
	AMENDED IN SENATE  SEPTEMBER 3, 2013
	AMENDED IN SENATE  AUGUST 22, 2013
	AMENDED IN SENATE  JULY 3, 2013
	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  APRIL 25, 2013
	AMENDED IN ASSEMBLY  APRIL 18, 2013

INTRODUCED BY   Assembly Member Pan

                        FEBRUARY 22, 2013

   An act to amend  Sections 19131 and   Section
 19132 of the Government Code, relating to personal services
contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 906, as amended, Pan. Personal services contracts.
   The State Civil Service Act authorizes state agencies to use
personal services contracts if prescribed conditions are met. The
act, with regard to  certain  personal services
 contracts,   contracts permissible to achieve
cost savings when certain conditions are met,  requires the
agency to notify the State Personnel Board of its intention to enter
into such a contract and requires the board to contact all
organizations that represent state employees who perform the type of
work to be contracted.  The act also makes personal services
  contracts permissible under other specified conditions,
without regard to cost savings.  The act  also 
requires the board, at the request of an employee organization that
represents state employees, to review the adequacy of a proposed or
executed personal services contract, as specified.
   This bill would amend the act to  remove the State
Personnel Board notification provisions, and instead, except as
specified, would  prohibit the execution of  those 
proposed personal services contracts  permissible under
specified conditions, without regard to cost savings,  until the
state agency proposing to execute the contract has 
certified that   notified  all organizations that
represent state employees who perform the type of work to be 
contracted have been notified.   contracted.  The
bill would require the Department of General Services to establish
 the certification process.   a process to
certify that notification. 
   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 19131 of the Government Code
is amended to read:
   19131.  (a) Any state agency proposing to execute a contract
pursuant to subdivision (a) of Section 19130 shall not execute the
contract until it has certified that all organizations that represent
state employees who perform the type of work to be contracted have
been notified. Departments or agencies submitting proposed contracts
shall retain and provide all data and other information relevant to
the contracts and necessary for a specific application of the
standards set forth in subdivision (a) of Section 19130. Any employee
organization may request, within 10 days of notification, the State
Personnel Board to review any contract proposed or executed pursuant
to subdivision (a) of Section 19130. The review shall be conducted in
accordance with subdivision (b) of Section 10337 of the Public
Contract Code. Upon such a request, the State Personnel Board shall
review the contract for compliance with the standards specified in
subdivision (a) of Section 19130.
   (b) (1) At a minimum, the notice required by subdivision (a) shall
include a full copy of the proposed contract. The notifying agency
may redact specific confidential or proprietary information from the
notice.
   (2) The Department of General Services shall establish the
certification process.
   (3) The notification and certification requirements of this
section do not change the requirements for contracts under Section
11045 or require an additional notification. 
   SEC. 2.   SECTION 1.   Section 19132 of
the Government Code is amended to read:
   19132.  (a) The State Personnel Board, at the request of an
employee organization that represents state employees, shall review
the adequacy of any proposed or executed contract that is of a type
enumerated in subdivision (b) of Section 19130. The review shall be
conducted in accordance with subdivision (c) of Section 10337 of the
Public Contract Code. However, a contract that was reviewed at the
request of an employee organization when it was proposed need not be
reviewed again after its execution.
   (b) (1) Unless a personal services contract pursuant to
subdivision (b) of Section 19130 is necessary due to a sudden and
unexpected occurrence that poses a clear and imminent danger,
requiring immediate action to prevent or mitigate the loss or
impairment of life, health, property, or essential public services,
the contract shall not be executed until the state agency proposing
to execute the contract has  certified that  
notified  all organizations that represent state employees who
perform the type of work to be  contracted have been
notified.   contracted. 
   (2) At a minimum, the notice shall include a full copy of the
proposed contract. The notifying agency may redact specific
confidential or proprietary information from the notice.
   (3) The Department of General Services shall establish 
the certification process.   a process to certify the
notification in paragraph (1). 
   (4) The notification and certification  of notice 
requirements of this subdivision do not change the requirements for
contracts under Section 11045 or require an additional notification.