Amended in Assembly May 27, 2014

Amended in Assembly April 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1578


Introduced by Assembly Member Pan

(Principal coauthor: Assembly Member Ting)

(Coauthor: Assembly Member Gordon)

(Coauthor: Senator Lieu)

January 30, 2014


An act tobegin delete add Section 19137 toend deletebegin insert amend Section 12025 ofend insert the Government Code, relating tobegin delete personalend delete services contracts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1578, as amended, Pan. begin deletePersonal services contracts: online database: expenditures. end deletebegin insertOnline database: expenditures: service contracts.end insert

begin delete

The California Constitution establishes that the civil service includes every officer and employee of the state, except as otherwise provided in the California Constitution, and requires civil service appointment to be made under a general system based on merit ascertained by competitive examination.

end delete
begin delete

The State Civil Service Act establishes standards for the use of personal services contracts by state agencies and authorizes personal services contracts when prescribed conditions are met.

end delete
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Existing law sets forth requirements for the acquisition of goods and services by state agencies and sets forth the various responsibilities of the Department of General Services and other state agencies in overseeing and implementing state contracting procedures and policies.

end delete
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This bill would require the Department of General Services to establish and maintain an online database of personal services contracts, as specified. This

end delete
begin insert

Existing law requires the Financial Information System for California (FISCal) to include a state budget transparency component that allows the public to have access, on an Internet Web site, to specified information for each General Fund and federal fund expenditure. Existing law requires, upon full implementation of the FISCal Project for state departments and agencies that are utilizing the full functionality of the FISCal system, specified information regarding contracts for services in the amount of $5,001 or more to be made available to the public on the FISCal Project Internet Web site in a format that allows for searching and sorting by specified categories.

end insert
begin insert

This bill would specify additional categories for searching and sorting on the FISCal Project Internet Web site, including the funding source for the contract and information about personal services contracts.

end insert

begin insertTheend insert bill would require the Department ofbegin delete General Servicesend deletebegin insert Financeend insert to compilebegin insert information under the categories on the FISCal Project Internet Web site inend insert an annual Personal Services Contractor Expenditure Budget to accompany the Governor’s Budgetbegin delete, detailing total expenditures for personal services contracts for California state governmentend delete.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 12025 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

12025.  

begin insert(a)end insertbegin insertend insert Upon full implementation of the Financial
4Information System for California (FISCal) Project for state
5departments and agencies that are utilizing the full functionality
6of the FISCal system, information regarding contracts for services
7in the amount of five thousand one dollars ($5,001) or more shall
8be made available to the public on the FISCal Project Internet Web
9site in a format that allows for searching and sorting by the
10following categories:

begin delete

11(a)

end delete

12begin insert(1)end insert A description of the contract and the services being
13purchased.

begin insert

P3    1(2) A description of the personal services contract and services
2being purchased.

end insert
begin delete

3(b)

end delete

4begin insert(3)end insert The name of thebegin delete agencyend deletebegin insert agency, department, or divisionend insert
5 contracting for the services.

begin delete

6(c)

end delete

7begin insert(4)end insert The name of the contractorbegin insert and any and all subcontractorsend insert,
8unless otherwise exempt from disclosure.

begin delete

9(d)

end delete

10begin insert(5)end insert The effective date and expiration date of the contract.

begin delete

11(e)

end delete

12begin insert(6)end insert The annual amounts paidbegin insert or to be paidend insert under the contract,
13to the contractor, inbegin delete priorend deletebegin insert allend insert fiscal yearsbegin insert during which the contract
14will be in effect, by funding sourceend insert
.

begin delete

15(f)

end delete

16begin insert(7)end insert Thebegin insert original amount of the contract and theend insert total projected
17cost of the contract, or maximum cost the contract is prohibited
18from exceeding, for all fiscal years during which the contract will
19be inbegin delete effect.end deletebegin insert effect, by funding source.end insert

begin delete

20(g)

end delete

21begin insert(8)end insert The acquisition method.

begin insert

22(b) The Department of Finance shall compile the information
23listed in paragraphs (2) to (8), inclusive, of subdivision (a) in an
24annual Personal Services Contractor Expenditure Budget
25accompanying the Governor’s Budget.

end insert
begin delete26

SECTION 1.  

Section 19137 is added to the Government Code,
27to read:

28

19137.  

(a) The Department of General Services shall establish
29and maintain an online database of personal services contracts that
30is accessible to the public, searchable, sortable, and downloadable.
31The database shall include all of the following:

32(1) Description of the personal services contract and services
33being purchased.

34(2) Name of the department, agency, or division contracting for
35the service.

36(3) Name of the contractor and any and all subcontractors.

37(4) Effective and expiration dates of the contract.

38(5) Annual amount paid to the contractor in past fiscal years
39and the current fiscal year under the contract, by funding source.

P4    1(6) Annual amount proposed to be paid to the contractor in the
2fiscal years beyond the approved budget.

3(7) Total projected cost of the contract for all fiscal years, by
4funding source.

5(b) The Department of General Services shall compile the
6information listed in subdivision (a) in an annual Personal Services
7Contractor Expenditure Budget accompanying the Governor’s
8Budget, detailing total spending on total personal services contracts
9for California state government.

end delete


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