BILL NUMBER: SB 975	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 25, 2014
	AMENDED IN SENATE  MAY 27, 2014
	AMENDED IN SENATE  MARCH 17, 2014

INTRODUCED BY   Senator Lieu

                        FEBRUARY 11, 2014

   An act to add Section 19138.1 to the Government Code, relating to
personal services contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 975, as amended, Lieu. Personal services contracts: legal
compliance.
   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, consistent with those
provisions of the California Constitution relating to civil service,
and authorizes personal services contracts when prescribed conditions
are met.
   The State Contract Act requires an applicable state department to
require a prospective bidder on a public works project to answer
questions inquiring whether, and if  applicable 
 so, to  explain the  circumstances,  
circumstances under which  the prospective bidder has ever been
disqualified, removed, or otherwise prevented from bidding on, or
completing a federal, state, or local government project because of a
violation of law or a safety regulation. Existing law requires the
questionnaire to be completed under the penalty of perjury. Existing
law authorizes the department to reject the bid of a bidder who has
been disqualified, removed, or otherwise prevented from bidding on,
or completing a federal, state, or local project because of a
violation of law or a safety regulation.
   Existing law requires a competitive bidding process for certain
contracts, including amendments, entered into by any state agency for
services to be rendered to the state, whether or not the services
involve the furnishing or use of equipment, materials, or supplies,
or are performed by an independent contractor.
   This bill would require  the Department of General
Services or a state agency, as defined, to require a  
every  bidder for a personal services contract to 
pledge compliance,   complete  under the penalty of
perjury,  with all applicable state taxes, and all 
 a standard questionnaire inquiring whether the bidder has ever
violated state law or  laws and regulations relating to health
and safety, labor and employment, and licensing relevant to the
bidder's employees, worksite, bid, and contract  and if so,
requiring an explanation of the violation  . The bill would
prohibit the  department or a state agency from awarding
 award of  a personal services contract to a bidder
who does not  affirmatively pledge compliance, as specified
  complete the required questionnaire  . 
The bill would also prohibit the department or a state agency from
awarding a contract to a bidder with an adjudicated record of
repeated noncompliance with applicable state taxes, laws, and
regulations.  By expanding the scope of the crime of
perjury, the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 19138.1 is added to the
Government Code, to read:
   19138.1.  (a) (1) A state agency or the department shall require
from a bidder for a personal services contract the completion, under
penalty of perjury, of a standard form pledging compliance of the
bidder with all applicable state taxes, and all laws and regulations
relating to health and safety, labor and employment, and licensing
relevant to the bidder's employees, worksite, bid, and contract.
   (2) A state agency or the department shall not award a personal
services contract to a bidder who does not affirmatively pledge,
under penalty of perjury, compliance pursuant to subdivision (a).
   (b) A state agency or the department shall not award a personal
services contract to a bidder with an adjudicated record of repeated
noncompliance with applicable state taxes, or with laws and
regulations relating to the health and safety, labor and employment,
and licensing relevant to the bidder's employees, worksite, and bid.

   SECTION 1.    Section 19138.1 is added to the 
 Government Code   , to read:  
   19138.1.  (a) Every bidder for a personal services contract
entered into pursuant to Section 19130 shall complete, under penalty
of perjury, a standard form of questionnaire inquiring whether the
bidder has ever violated state tax law or laws and regulations
relating to health and safety, labor and employment, or the licensing
of the contractor's employees, worksite, bid, and contract, and if
so, requiring the bidder to explain the circumstances of that
violation.
   (b) A personal services contract shall not be awarded to a bidder
who does not complete the questionnaire required by this section.

  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.