BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1293 (Holden) - State public employment: labor negotiations
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|Version: March 26, 2015 |Policy Vote: P.E. & R. 3 - 2 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 17, 2015 |Consultant: Robert Ingenito |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 1293 would prohibit the use of state personal
services contracts for reasons other than achieving cost savings
if the contract would displace state civil service employees.
Fiscal
Impact: This bill would result in unknown costs, potentially
over $50,000 (General and/or special funds), to the extent this
bill were to impact current emergency staffing and hiring
processes.
Background: Current law generally requires that services provided by state
agencies generally must be performed by state civil service
AB 1293 (Holden) Page 1 of
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employees. However, the use of personal services contracts is
permitted in certain instances, including the following:
To achieve cost savings provided that specified criteria
are met.
For other non cost-saving circumstances, including (1)
when the nature of the services is such that they cannot be
adequately rendered by an existing agency of the public
entity, (2) if the State seeks to contract for private
assistance to perform "new functions" not previously
undertaken by the State or covered by an existing
department, (3) when the nature of the work is such that
the Government Code standards for emergency appointments
apply, or (4) when the services are of such urgent,
temporary, or occasional nature that the delay incumbent in
their implementation under civil service would frustrate
their very purpose.
Current law generally prohibits a state agency from executing a
personal services contract for non-cost savings reasons, except
in specified sudden and unexpected situations, until it has
certified that all employee organizations that perform the type
of work being contracted out have been notified.
Proposed Law:
This bill would (1) provide that the use of personal services
contracts in response to particular conditions other than to
achieve cost savings is prohibited if it will cause the
displacement of civil service employees, (2) define
"displacement" to include layoffs, demotions, involuntary
transfers to a new class or to a new location requiring a change
in residence, and time base reductions, and (3) specify that
displacement does not include changes in shifts or days off or
reassignment to other positions in the same class and general
location.
AB 1293 (Holden) Page 2 of
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Related
Legislation: AB 906 (Pan, Chapter 744, Statutes of 2013)
prohibited a state agency from executing a personal services
contract, except in specified sudden and unexpected situations,
until it has certified that all employee organizations that
perform the type of work being contracted out have been
notified.
Staff
Comments: This bill would prohibit state departments from laying
off civil service employees to create a situation where the
hiring of personal services contractors is needed.
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