BILL NUMBER: AB 1921	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2014

INTRODUCED BY   Assembly Members Holden and Rendon

                        FEBRUARY 19, 2014

   An act to add  Section 10375 to the Public Contract Code,
   Section 19136 to the Government Code,   relating
to  public contracts.   personal services
contracts. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1921, as amended, Holden.  Public contracts for
services: access to records.   Personal services
contracts: access to records.  
   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.
    Existing law, the California Public Records Act,
  The California Public Records Act  provides for
public access to information concerning the conduct of the people's
business, except for public records exempt from disclosure by express
provisions of law. The act also provides that a state or local
agency may not allow another party to control disclosure of
information that is otherwise subject to disclosure. 
   This bill would require specified service contracts between a
state agency and a person or company performing a governmental
function to include provisions requiring agency access to records
held by the contractor and notification that such records may be
public records. This bill also would require the contractor to keep
and maintain public records pertaining to the contract and to provide
the agency with access to such records as provided in the California
Public Records Act.  
   This bill would require personal services contracts in excess of
$25,000 between a state agency and a contractor to provide the state
agency with the right to review and copy any records and files
related to the performance of the personal services contract and to
indicate that those records and files are subject to the California
Public Records Act and may be disclosed. This bill would require any
California Public Records Act requests pertaining to a personal
services contract, as described, to be submitted directly to the
state agency. 
   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 19136 is added to the 
 Government Code   , to read:  
   19136.  (a) Each personal services contract in excess of
twenty-five thousand dollars ($25,000) between a state agency and a
contractor for the performance of a personal services contract shall
provide that the state agency shall have the right to review and to
copy any records and files related to the performance of the personal
services contract, and shall indicate that such records and files
are subject to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) and may be
disclosed by the state agency pursuant to the California Public
Records Act.
   (b) Any request for a record under the California Public Records
Act pertaining to a personal services contract as described in
subdivision (a) shall be submitted directly to the state agency and
not to the contractor.  
  SECTION 1.    Section 10375 is added to the Public
Contract Code, to read:
   10375.  Each service contract in excess of twenty-five thousand
dollars ($25,000) between a public agency and a person or company for
the performance of a governmental function shall provide that the
public agency is entitled to receive a copy of records and files
related to the performance of the governmental function, and indicate
that such records and files are subject to the California Public
Records Act and may be disclosed by the public agency pursuant to the
California Public Records Act. Specifically, each service contract
shall require that a contractor doing business with a department or
agency shall do all of the following:
   (a) Keep and maintain the public records that ordinarily and
necessarily would be kept and maintained by the agency in order to
perform the service or activity.
   (b) Provide the agency with access to such records as provided in
the California Public Records Act.