BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2508
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          ASSEMBLY THIRD READING
          AB 2508 (Bonilla)
          As Amended  May 25, 2012
          Majority vote  

           BUSINESS & PROFESSIONS     6-1  ECONOMIC DEVELOPMENT     4-1    
           
           ----------------------------------------------------------------- 
          |Ayes:|Hayashi, Allen, Butler,   |Ayes:|V. Manuel P�rez, Beall,   |
          |     |Eng, Hill, Ma             |     |Block, Hueso              |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Hagman                    |Nays:|Morrell                   |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 

           APPROPRIATIONS     12-5                                         
           
           ----------------------------------------------------------------- 
          |Ayes:|Fuentes, Blumenfield,     |     |                          |
          |     |Bradford, Charles         |     |                          |
          |     |Calderon, Campos, Davis,  |     |                          |
          |     |Gatto, Ammiano, Hill,     |     |                          |
          |     |Lara, Mitchell, Solorio   |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Harkey, Donnelly,         |     |                          |
          |     |Nielsen, Norby, Wagner    |     |                          |
           ----------------------------------------------------------------- 

           SUMMARY  :   Prohibits a state agency authorized to contract for 
          public benefits programs from contracting for call center 
          services for those programs, unless a contractor certifies under 
          penalty of perjury that the work will be performed solely by 
          workers employed in California.   Specifically,  this bill  :  

          1)Prohibits a state agency authorized to contract for public 
            benefits programs from contracting for call center services 
            for those programs, unless a contractor certifies under 
            penalty of perjury that the work will be performed solely by 
            workers employed in California.   

          2)Terminates a contract when a contractor uses out-of-state 
            workers and requires the contractor to pay a penalty to the 








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            state agency in an amount equal to the percentage of work 
            performed by out-of-state workers. 

          3)Exempts a state agency from in-state work requirements for 
            specified call centers if the Governor waives those 
            requirements during a state of emergency.

          4)Defines "call center" to mean a building, facility, or 
            operation where customer or client services or assistance is 
            provided by telephone, fax, e-mail, text, or Web-based 
            interaction. 

          5)Defines "public benefit programs" to mean California Work 
            Opportunity and Responsibility to Kids (CalWORKS), CalFRESH, 
            Medi-Cal, Healthy Families, and the California Healthcare 
            Eligibility, Enrollment, and Retention System. 

          6)Does not apply to: 

             a)   Contracts that are not awarded to contractors who solely 
               use in-state workers if the contract would violate the 
               terms of the Agreement on Government Procurement of the 
               World Trade Organization or any other bilateral or regional 
               free trade agreement which the State of California has 
               consented to; 

             b)   Existing contracts, except those that will be renewed 
               upon expiration; or, 
               
             c)   Contracts entered into between a state agency and a 
               health care service plan, a specialized health care service 
               plan regulated by the Department of Managed Health Care or 
               a disability insurer or specialized health insurer 
               regulated by the Department of Insurance, or to the 
               contractors and subcontractors of those plans or insurers 
               contracting with a state agency.

          7)Makes legislative findings and declarations that tax revenues 
            should be used to create jobs in the United States and 
            California. 

           EXISTING STATE LAW  establishes California Health and Human 
          Services Agency (CHHS), which oversees health care services, 
          social services, mental health services, and alcohol and drug 








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          treatment services.

           EXISTING FEDERAL LAW  establishes the General Agreement on 
          Tariffs and Trade, a multilateral trade agreement, to reduce 
          tariff duties for trades between participating countries and to 
          promote free trade.

           FISCAL EFFECT  :   According to the Assembly Appropriations 
          Committee:

          1)Limiting call center contracts to California, in lieu 
            providing these services in lower cost states or countries, 
            will likely increase state costs for these services. These 
            additional costs are unknown, but could be in the low millions 
            of dollars annually.

          2)Additional costs per 1) above will be offset to some extent-by 
            tax revenues associated with the additional employment and 
            related economic activity and potential reduction in the cost 
            of public benefit programs-associated with all call center 
            work being done within the state in perpetuity.

           COMMENTS  :  According to the author's office, "Both the 
          Schwarzenegger and the Davis Administrations approved two 
          separate vendor contracts, for the �CalFRESH] food stamp 
          programs, that subcontracted with out-of country call centers.  
          Currently, �one of the] call center�s] is located in Juarez, 
          Mexico, where workers there provide assistance to Californians 
          who receive CalWORKs or CalFRESH benefits.  Approximately four 
          million Californians are currently receiving CalFRESH benefits 
          as a result of the ongoing recession and the increase in 
          unemployment and underemployment."

          Major CHHS programs include income support for CalWORKs 
          recipients, low-cost public health insurance (Healthy Families) 
          for children from working families, Medi-Cal, and CalFRESH. 


           Analysis Prepared by  :    Joanna Gin / B.,P. & C.P. / (916) 
          319-3301 

                                                                FN: 0003939










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