AB 1578 Assembly Bill

BILL NUMBER: AB 1578	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2014
	AMENDED IN ASSEMBLY  APRIL 28, 2014

INTRODUCED BY   Assembly Member Pan
   (Principal coauthor: Assembly Member Ting)
   (Coauthor: Assembly Member Gordon)
   (Coauthor: Senator Lieu)

                        JANUARY 30, 2014

   An act to  add Section 19137 to   amend
Section 12025 of  the Government Code, relating to 
personal  services contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1578, as amended, Pan.  Personal services contracts:
online database: expenditures.   Online database:
expenditures: service contracts.  
   The California Constitution establishes that the civil service
includes every officer and employee of the state, except as otherwise
provided in the California Constitution, and requires civil service
appointment to be made under a general system based on merit
ascertained by competitive examination.  
   The State Civil Service Act establishes standards for the use of
personal services contracts by state agencies and authorizes personal
services contracts when prescribed conditions are met. 

   Existing law sets forth requirements for the acquisition of goods
and services by state agencies and sets forth the various
responsibilities of the Department of General Services and other
state agencies in overseeing and implementing state contracting
procedures and policies.  
   This bill would require the Department of General Services to
establish and maintain an online database of personal services
contracts, as specified. This  
   Existing law requires the Financial Information System for
California (FISCal) to include a state budget transparency component
that allows the public to have access, on an Internet Web site, to
specified information for each General Fund and federal fund
expenditure. Existing law requires, upon full implementation of the
FISCal Project for state departments and agencies that are utilizing
the full functionality of the FISCal system, specified information
regarding contracts for services in the amount of $5,001 or more to
be made available to the public on the FISCal Project Internet Web
site in a format that allows for searching and sorting by specified
categories.  
   This bill would specify additional categories for searching and
sorting on the FISCal Project Internet Web site, including the
funding source for the contract and information about personal
services contracts. 
    The  bill would require the Department of 
General Services   Finance  to compile 
information under the catego   ries on the FISCal Project
Internet Web site in  an annual Personal Services Contractor
Expenditure Budget to accompany the Governor's Budget  ,
detailing total expenditures for personal services contracts for
California state government  .
   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 12025 of the  
Government Code   is amended to read: 
   12025.   (a)    Upon full implementation of the
Financial Information System for California (FISCal) Project for
state departments and agencies that are utilizing the full
functionality of the FISCal system, information regarding contracts
for services in the amount of five thousand one dollars ($5,001) or
more shall be made available to the public on the FISCal Project
Internet Web site in a format that allows for searching and sorting
by the following categories: 
   (a) 
    (1)  A description of the contract and the services
being purchased. 
   (2) A description of the personal services contract and services
being purchased.  
   (b) 
    (3)  The name of the  agency  
agency, department, or division  contracting for the services.

   (c) 
    (4)  The name of the contractor  and any and all
subcontractors  , unless otherwise exempt from disclosure.

   (d) 
    (5)  The effective date and expiration date of the
contract. 
   (e) 
    (6)  The annual amounts paid  or to be paid 
under the contract, to the contractor, in  prior 
 all  fiscal years  during which the contract will be in
effect, by funding source  . 
   (f) 
    (7)  The  original amount of the contract and the
 total projected cost of the contract, or maximum cost the
contract is prohibited from exceeding, for all fiscal years during
which the contract will be in  effect.   effect,
by funding source.  
   (g) 
    (8)  The acquisition method. 
   (b) The Department of Finance shall compile the information listed
in paragraphs (2) to (8), inclusive, of subdivision (a) in an annual
Personal Services Contractor Expenditure Budget accompanying the
Governor's Budget.  
  SECTION 1.    Section 19137 is added to the
Government Code, to read:
   19137.  (a) The Department of General Services shall establish and
maintain an online database of personal services contracts that is
accessible to the public, searchable, sortable, and downloadable. The
database shall include all of the following:
   (1) Description of the personal services contract and services
being purchased.
   (2) Name of the department, agency, or division contracting for
the service.
   (3) Name of the contractor and any and all subcontractors.
   (4) Effective and expiration dates of the contract.
   (5) Annual amount paid to the contractor in past fiscal years and
the current fiscal year under the contract, by funding source.
   (6) Annual amount proposed to be paid to the contractor in the
fiscal years beyond the approved budget.
   (7) Total projected cost of the contract for all fiscal years, by
funding source.
   (b) The Department of General Services shall compile the
information listed in subdivision (a) in an annual Personal Services
Contractor Expenditure Budget accompanying the Governor's Budget,
detailing total spending on total personal services contracts for
California state government.