Bill Text: CA AB2387 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public contracts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-20 - Chaptered by Secretary of State - Chapter 504, Statutes of 2014. [AB2387 Detail]

Download: California-2013-AB2387-Amended.html

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BILL NUMBER: AB 2387	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2014
	AMENDED IN ASSEMBLY  MARCH 20, 2014

INTRODUCED BY   Assembly Member Pan

                        FEBRUARY 21, 2014

   An act to amend  Sections 19131 and   Section
 19132 of the Government Code, and to amend Section 13503 of
the Penal Code, relating to peace officers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2387, as amended, Pan. Commission on Peace Officer Standards
and Training: contracting: authority.
   (1) Existing law establishes the Commission on Peace Officer
Standards and Training within the Department of Justice and sets
forth its powers and duties, which include, among other things, the
power to contract with other agencies or persons for services,
facilities, studies, and reports as will best assist the commission
in carrying out its duties and responsibilities.
   This bill would  provide that,   require the
commission,  in exercising that contracting authority, 
the commission may   to  determine if services to
be contracted for cannot be satisfactorily provided by the state
civil service system because the services are highly specialized, the
services cannot be performed by a civil service employee, or the
services required are urgent or essential and delaying the
performance of these services would frustrate the need for the
services or resulting studies or reports.
   (2) Existing law, the State Civil Service Act, permits the use of
personal services contracts in order to achieve cost 
savings. Existing law requires, however, that a state agency
proposing to execute a personal services contract to achieve cost
savings is required to notify the State Personnel Board of its
intention and requires the State Personnel Board to immediately
contact specified organizations, including employee organizations
that represent state employees who perform the type of work to be
contracted, upon receiving the notice. Existing law authorizes an
employee organization to request, within 10 days of notification, the
State Personnel Board to review any contract proposed or executed
pursuant to the law governing these contracts. 
    Existing law also permits the use of personal services
contracts   savings and  in certain other
circumstances, including when the services contracted are not
available within civil service. Existing law requires a state agency
proposing to execute a personal services contract  pursuant
to these provisions   in those certain other
circumstances  to notify all organizations that represent state
employees who perform the type of work to be contracted, except
 in certain circumstances.   as specified.
   This bill would exempt personal services contracts entered into by
the commission pursuant to its contracting  authority, as
described above,   from these notification
requirements.   authority from that notification
requirement. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 19131 of the Government Code
is amended to read:
   19131.  (a) Any state agency proposing to execute a contract
pursuant to subdivision (a) of Section 19130 shall notify the State
Personnel Board of its intention. All organizations that represent
state employees who perform the type of work to be contracted, and
any person or organization that has filed with the board a request
for notice, shall be contacted immediately by the State Personnel
Board upon receipt of this notice so that they may be given a
reasonable opportunity to comment on the proposed contract.
Departments or agencies submitting proposed contracts shall retain
and provide all data and other information relevant to the contracts
and necessary for a specific application of the standards set forth
in subdivision (a) of Section 19130. Any employee organization may
request, within 10 days of notification, the State Personnel Board to
review any contract proposed or executed pursuant to subdivision (a)
of Section 19130. The review shall be conducted in accordance with
subdivision (b) of Section 10337 of the Public Contract Code. Upon
such a request, the State Personnel Board shall review the contract
for compliance with the standards specified in subdivision (a) of
Section 19130.
   (b) This section does not apply to contracts executed by the
Commission on Peace Officer Standards and Training pursuant to
subdivision (c) of Section 13503 of the Penal Code and this article.

   SEC. 2.   SECTION 1.   Section 19132 of
the Government Code is amended to read:
   19132.  (a) The State Personnel Board, at the request of an
employee organization that represents state employees, shall review
the adequacy of any proposed or executed contract that is of a type
enumerated in subdivision (b) of Section 19130. The review shall be
conducted in accordance with subdivision (c) of Section 10337 of the
Public Contract Code. However, a contract that was reviewed at the
request of an employee organization when it was proposed need not be
reviewed again after its execution.
   (b) (1) Unless a personal services contract pursuant to
subdivision (b) of Section 19130 is necessary due to a sudden and
unexpected occurrence that poses a clear and imminent danger,
requiring immediate action to prevent or mitigate the loss or
impairment of life, health, property, or essential public services,
the contract shall not be executed until the state agency proposing
to execute the contract has notified all organizations that represent
state employees who perform the type of work to be contracted.
   (2) At a minimum, the notice shall include a full copy of the
proposed contract. The notifying agency may redact specific
confidential or proprietary information from the notice.
   (3) The Department of General Services shall establish a process
to certify the notification in paragraph (1).
   (4) The notification and certification of notice requirements of
this subdivision do not change the requirements for contracts under
Section 11045 or require an additional notification.
   (5) This subdivision does not apply to contracts executed by the
Commission on Peace Officer Standards and Training pursuant to
subdivision (c) of Section 13503 of the Penal Code and this article.
   SEC. 3.   SEC. 2.   Section 13503 of the
Penal Code is amended to read:
   13503.  In carrying out its duties and responsibilities, the
commission shall have all of the following powers:
   (a) To meet at those times and places as it may deem proper.
   (b) To employ an executive secretary and, pursuant to civil
service, those clerical and technical assistants as may be necessary.

   (c) To contract with other agencies, public or private, or persons
as it deems necessary, for the rendition and affording of those
services, facilities, studies, and reports to the commission as will
best assist it to carry out its duties and responsibilities. In
contracting pursuant to this subdivision, the commission  may
  shall  determine if services to be contracted
for cannot be satisfactorily provided by the state civil service
system because the services are highly specialized, the services
cannot be performed by a civil service employee, or the services
required are urgent or essential and delaying the performance of
these services would frustrate the need for the services or resulting
studies or reports, as described in Section 19130 of the Government
Code.
   (d) To cooperate with and to secure the cooperation of county,
city, city and county, and other local law enforcement agencies in
investigating any matter within the scope of its duties and
responsibilities, and in performing its other functions.
   (e) To develop and implement programs to increase the
effectiveness of law enforcement and when those programs involve
training and education courses to cooperate with and secure the
cooperation of state-level officers, agencies, and bodies having
jurisdiction over systems of public higher education in continuing
the development of college-level training and education programs.
   (f) To cooperate with and secure the cooperation of every
department, agency, or instrumentality in the state government.
   (g) To do any and all things necessary or convenient to enable it
fully and adequately to perform its duties and to exercise the power
granted to it.
   (h) The commission shall not have the authority to adopt or carry
out a regulation that authorizes the withdrawal or revocation of a
certificate previously issued to a peace officer pursuant to this
chapter.
   (i) Except as specifically provided by law, the commission shall
not have the authority to cancel a certificate previously issued to a
peace officer pursuant to this chapter.