BILL NUMBER: AB 149	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Assembly Member Lara

                        JANUARY 18, 2011

   An act to amend Sections 19131 and 19132 of the Government Code,
relating to civil service.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 149, as amended, Lara. Civil service: personal services
contracts.
   Existing law, the State Civil Service Act, establishes standards
for the use of personal services contracts. Any state agency
proposing to execute a contract pursuant to these standards is
required to notify the State Personnel Board of its intention. Any
employee organization may request, within 10 days of notification,
the State Personnel Board to review any contract proposed or executed
pursuant to the law governing these contracts. The State Personnel
Board, at the request of an employee organization that represents
state employees, is also required to review the adequacy of any
proposed or executed contract, as specified.
   This bill would additionally authorize, if the State Personnel
Board either  prohibits   disapproves  a
proposed contract  from being executed or nullifies 
 prior to execution or disapproves  an executed contract
based on the reviews described above, the department or agency
submitting the contract to  create and fill a civil service
position   appoint a limited term employee, as defined,
 for the equivalent number of hours for each contractor position
requested in the submitted  contract.  
contract, if the department or agency provides written notice of the
appointment to the   chairpersons of specified legislative
committees, and the committees   each approve the
appointments within 15 days of notification, as provided. 
   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.  Any state agency proposing to execute a contract pursuant
to subdivision (a) of Section 19130 shall notify the State Personnel
Board of its intention. All organizations that represent state
employees who perform the type of work to be contracted, and any
person or organization which has filed with the board a request for
notice, shall be contacted immediately by the State Personnel Board
upon receipt of this notice so that they may be given a reasonable
opportunity to comment on the proposed contract. 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. If the State Personnel Board either  prohibits a
proposed contract from being executed or nullifies  
disapproves a proposed contract prior to execution or disapproves
 an executed contract on the basis of the review described in
this section, the department or agency submitting the contract
 is authorized to create and fill a civil service position
  may appoint a limited term employee, as defined in
Section 18530,  for the equivalent number of hours for each
contractor position requested in the submitted contract.  The
appointment of a limited term employee shall occur only if the
department or agency provides written notice of the appointment to
the chairpersons of the committees in each house of the Legislature
that consider appropriations and the annual Budget Act and the
Chairperson of the Joint Legislative Budget Committee, and the
committ   ees each approve the appointment within 15 days of
notification, or a shorter period as the chairperson of the joint
committee, or his or her designee, may require. 
  SEC. 2.  Section 19132 of the Government Code is amended to read:
   19132.  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 which 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. If the State Personnel Board
either  prohibits a proposed contract from being executed or
nullifies   disapproves a   proposed contract
prior to execution or disapproves  an executed contract on the
basis of the review described in this section, the department or
agency submitting the contract  is authorized to create and
fill a civil service position   may appoint a limited
term employee, as defined in Section 18530,  for the equivalent
number of hours for each contractor position requested in the
submitted contract.  The appointment of a limited term employee
shall occur only if the department or agency provides written notice
of the appointment to the chairpersons of the committees in each
house of the Legislature that consider appropriations and the annual
Budget Act and the Chairperson of the Joint Legislative Budget 
 Committee, and the committees each approve the appointment
within 15 days of notification, or a shorter period as the
chairperson of the joint committee, or his or her designee, may
require.