BILL NUMBER: AB 674	CHAPTERED  09/29/00

	CHAPTER   895
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   APRIL 5, 1999

INTRODUCED BY   Assembly Member Wiggins

                        FEBRUARY 23, 1999

   An act to amend Section 19134 of the Government Code, relating to
personal services contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 674, Wiggins.  Personal services contracts:  janitorial and
housekeeping services.
   Existing law permits state agencies to enter into personal
services contracts when certain conditions are met.
   Existing law requires a state agency that enters into a personal
services contract for certain types of workers to include provisions
for employee benefits that are valued at least 85% of the state
employer cost of providing comparable benefits to state employees
performing similar duties.  The types of workers covered by this
requirement include persons that provide janitorial and housekeeping
services, custodians, food service workers, laundry workers, window
cleaners, and security guards.
   This bill would recast these provisions and would permit
contractors to comply with these provisions by a cash payment to
employees, as specified.
   The bill would permit the Department of General Services and the
Department of Personnel Administration to adopt guidelines and
regulations to implement these requirements.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 19134 of the Government Code is amended to
read:
   19134.  (a) Personal services contracts entered into by a state
agency in accordance with Section 19130 for persons providing
janitorial and housekeeping services, custodians, food service
workers, laundry workers, window cleaners, and security guard
services shall include provisions for employee benefits that are
valued at least 85 percent of the state employer cost of benefits
provided to state employees for performing similar duties.
   (b) For purposes of this section, "benefits" includes "health,
dental, and vision benefits."
   (c) (1) The Department of Personnel Administration shall establish
annually the state employer benefit costs for workers covered
pursuant to this section.
   (2) Benefit costs shall be established using rates based on single
employee, employee plus one dependent, and employee plus two or more
dependents, or the costs may be based on a blended rate, subject to
the determination of the Department of Personnel Administration.
   (d) In lieu of providing actual benefits, contractors may comply
with this section by a cash payment to employees equal to the
applicable determination under subdivision (c).
   (e) Failure to provide benefits or cash-in-lieu to employees as
required under this section shall be deemed to be a material breach
for any contract for personal services covered by this section.
   (f) The Department of General Services and the Department of
Personnel Administration may adopt guidelines and regulations to
implement the requirements of this section.
   (g) This section applies to all contracts exceeding 90 days.