Bill Text: CA AB149 | 2011-2012 | Regular Session | Amended

California Assembly Bill 149 (Prior Session Legislation)

Bill Title: Civil service: personal services contracts.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Engrossed - Dead) 2011-08-25 - In committee: Held under submission. [AB149 Detail]

Download: California-2011-AB149-Amended.html

BILL NUMBER: AB 149	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Assembly Member Lara

                        JANUARY 18, 2011

   An act to amend Sections 19131 and 19132 of the Government Code,
relating to civil service.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 149, as amended, Lara. Civil service: personal services
contracts.
   Existing law, the State Civil Service Act, establishes standards
for the use of personal services contracts. Any state agency
proposing to execute a contract pursuant to these standards is
required to notify the State Personnel Board of its intention. Any
employee organization may request, within 10 days of notification,
the State Personnel Board to review any contract proposed or executed
pursuant to the law governing these contracts. The State Personnel
Board, at the request of an employee organization that represents
state employees, is also required to review the adequacy of any
proposed or executed contract, as specified.
   This bill would additionally authorize, if the State Personnel
Board either disapproves a proposed contract prior to execution or
disapproves an executed contract based on the reviews described
above, the department or agency submitting the contract to appoint a
limited term employee, as defined, for the equivalent number of hours
for each contractor position requested in the submitted contract
 , if   . The bill would also require  the
department or agency  provides   to provide
 written notice of the appointment to the chairpersons of
specified legislative committees  , and the committees each
approve the appointments within 15 days of notification, as provided
 .
   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.  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 which 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. If the State Personnel Board either disapproves a proposed
contract prior to execution or disapproves an executed contract on
the basis of the review described in this section, the department or
agency submitting the contract may appoint a limited term employee,
as defined in Section 18530, for the equivalent number of hours for
each contractor position requested in the submitted contract. The
 appointment of a limited term employee shall occur only if
the department or   department or  agency 
provides   shall provide  written notice of the
appointment to the chairpersons of the committees in each house of
the Legislature that consider appropriations and the annual Budget
Act and the Chairperson of the Joint Legislative Budget Committee
 , and the committees each approve the appointment within 15
days of notification, or a shorter period as the chairperson of the
joint committee, or his or her designee, may require.  
. 
  SEC. 2.  Section 19132 of the Government Code is amended to read:
   19132.  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 which 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. If the State Personnel Board
either disapproves a proposed contract prior to execution or
disapproves an executed contract on the basis of the review described
in this section, the department or agency submitting the contract
may appoint a limited term employee, as defined in Section 18530, for
the equivalent number of hours for each contractor position
requested in the submitted contract. The  appointment of a
limited term employee shall occur only if the department or 
 department or  agency  provides  
shall provide  written notice of the appointment to the
chairpersons of the committees in each house of the Legislature that
consider appropriations and the annual Budget Act and the Chairperson
of the Joint Legislative Budget Committee  , and the
committees each approve the appointment within 15 days of
notification, or a shorter period as the chairperson of the joint
committee, or his or her designee, may require.   .