BILL ANALYSIS �
AB 149
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ASSEMBLY THIRD READING
AB 149 (Lara)
As Amended May 27, 2011
Majority vote
PUBLIC EMPLOYEES 4-1 APPROPRIATIONS 12-5
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|Ayes:|Furutani, Allen, Ma, |Ayes:|Fuentes, Blumenfield, |
| |Wieckowski | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Mansoor |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Authorizes a state department or agency, when the State
Personnel Board (SPB) has either disapproved a proposed contract
prior to execution or disapproves an executed contract, to appoint a
limited-term employee for the equivalent number of hours for each
contractor position requested in the submitted contract. Prior to
the appointment of a limited-term employee, the state department or
agency must provide written notice to the appropriate committees in
the Legislature, as specified, and those committees must approve the
appointment, as specified.
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.
AB 149
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FISCAL EFFECT : According to the Assembly Appropriations Committee,
reduced savings of state agencies. Without the bill, if a contract
was disapproved an agency could face hurdles creating positions and
doing the work with state employees. This bill would make it more
likely that the funds would be spent and would then reduce operating
savings.
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."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0000987