California Assembly Bill AB149 Amended / Bill

 BILL NUMBER: AB 149AMENDED BILL TEXT 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  prohibits   disapproves  a proposed contract  from being executed or nullifies   prior to execution or disapproves  an executed contract based on the reviews described above, the department or agency submitting the contract to  create and fill a civil service position   appoint a limited term employee, as defined,  for the equivalent number of hours for each contractor position requested in the submitted  contract.   contract, if the department or agency provides 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  prohibits a proposed contract from being executed or nullifies   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  is authorized to create and fill a civil service position   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 agency provides 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 committ   ees 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  prohibits a proposed contract from being executed or nullifies   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  is authorized to create and fill a civil service position   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 agency provides 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.