BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 149
                                                                  Page  1

          Date of Hearing:   April 13, 2011

            ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL 
                                      SECURITY
                              Warren T. Furutani, Chair
                     AB 149 (Lara) - As Amended:  March 14, 2011
           
          SUBJECT  :   Civil service: personal services contracts.

           SUMMARY  :   Authorizes a state department or agency, when the 
          State Personnel Board (SPB) has either prohibited a contract 
          from being executed or nullified an executed contract, to create 
          and fill a civil service position for the equivalent number of 
          hours for each contractor position requested in the submitted 
          contract.

           EXISTING LAW  :

          1)Allows state agencies to enter into personal services 
            contracts if the agreement meets certain standards including, 
            but not limited to, clearly demonstrating an actual overall 
            cost savings, the functions contracted are exempted from civil 
            service, the services contracted are not available in civil 
            service or are of such a highly specialized or technical 
            nature that the necessary expert knowledge, experience and 
            ability is not available through the civil service.

          2)Authorizes the SPB to review proposed or executed personal 
            services contracts to determine whether state work may legally 
            be contracted to private entities or whether it must be 
            performed by state employees.

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   According to the author, "AB 149 would ensure that 
          state agencies properly adhere to the requirements of the State 
          Civil Service Act, by allowing for the creation of civil service 
          positions if the SPB prohibits or nullifies a personal services 
          contract."

          Supporters state, "Even when a contract is found in violation of 
          existing law and invalidated, the identified work must still be 
          performed.  Too often, though, departments do not add the 
          necessary civil service positions because the statute does not 
          provide them with that authority.








                                                                  AB 149
                                                                  Page  2


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           American Federation of State, County and Municipal Employees 
          (Sponsor)
          California Labor Federation
          California Nurses Association
          California School Employees Association

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916) 
          319-3957