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

California Legislature—2013–14 Regular Session

Assembly Bill No. 906

Introduced by Assembly Member Pan

February 22, 2013

An act to amend begin delete Sections 19131 and end delete begin insert Section end insert 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 begin delete certain end delete personal services begin delete contracts, end delete begin insert contracts permissible to achieve cost savings when certain conditions are met, end insert 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. begin insert The act also makes personal services contracts permissible under other specified conditions, without regard to cost savings. end insert The act begin delete also end delete 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 begin delete remove the State Personnel Board notification provisions, and instead, except as specified, would end delete prohibit the execution of begin insert those end insert proposed personal services contracts begin insert permissible under specified conditions, without regard to cost savings, end insert until the state agency proposing to execute the contract has begin delete certified that end delete begin insert notified end insert all organizations that represent state employees who perform the type of work to be begin delete contracted have been notified. end delete begin insert contracted. end insert The bill would require the Department of General Services to establish begin delete the certification process. end delete begin insert a process to certify that notification. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

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.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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 begin delete certified that end delete begin insert notified end insert all organizations
that represent state employees who perform the type of work to
be begin delete contracted have been notified. end delete begin insert contracted. end insert

(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 begin delete the
certification process. end delete begin insert a process to certify the notification in
paragraph (1). end insert

(4) The notification and certification begin insert of notice end insert requirements of
this subdivision do not change the requirements for contracts under
Section 11045 or require an additional notification.