BILL ANALYSIS                                                                                                                                                                                                    �





                                                                  AB 1574

                                                                  Page  1


          GOVERNOR'S VETO
          AB 1574 (Pan)
          As Amended  May 5, 2014
          2/3 vote

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          |ASSEMBLY:  |71-0 |(March 17,      |SENATE: |25-11|(August 18,    |
          |           |     |2014)           |        |     |2014)          |
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           ASSEMBLY:       68-9      (August 20, 2014)

          Original Committee Reference:    A. & A.R.  

           SUMMARY  :  Prohibits a state agency from entering into a personal  
          services contract that guarantees payments for services not  
          provided.

           The Senate amendments  : 

          1)Strike out all bill language that would have been added to the  
            Public Contract Code and moves this section with nearly  
            identical language to the Government Code.

          2)Change the term "a contract for services" to "a personal  
            services contract."

           EXISTING LAW  : 

          1)Specifies the various responsibilities of the Department of  
            General Services and other state agencies in overseeing and  
            implementing state contracting procedures and policies.

          2)Prohibits, under the California Constitution, gifts of public  
            funds.
           
           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.
           
          GOVERNOR'S VETO MESSAGE  :











                                                                  AB 1574

                                                                  Page  2


          "Existing law appropriately limits the use of personal services  
          contracts and provides safeguards against the misuse of public  
          funds.  The additional prohibitions in this bill would not  
          address an identified problem, would limit the state's ability  
          to make advance payments to community-based nonprofit groups,  
          and could invite litigation challenging the validity of existing  
          public contracts.

          "The bill also limits the ability of the Department of  
          Corrections and Rehabilitation to contract for residential and  
          treatment programs and meet court-ordered population caps and  
          other legal mandates."


           Analysis Prepared by  :    Scott Herbstman / A. & A.R. / (916)  
          319-3600 


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