California 2013 2013-2014 Regular Session

California Assembly Bill AB1578 Amended / Bill

Filed 05/27/2014

 BILL NUMBER: AB 1578AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 27, 2014 AMENDED IN ASSEMBLY APRIL 28, 2014 INTRODUCED BY Assembly Member Pan (Principal coauthor: Assembly Member Ting) (Coauthor: Assembly Member Gordon) (Coauthor: Senator Lieu) JANUARY 30, 2014 An act to  add Section 19137 to   amend Section 12025 of  the Government Code, relating to  personal  services contracts. LEGISLATIVE COUNSEL'S DIGEST AB 1578, as amended, Pan.  Personal services contracts: online database: expenditures.   Online database: expenditures: service contracts.   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.   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.   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.   This bill would require the Department of General Services to establish and maintain an online database of personal services contracts, as specified. This   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.   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.   The  bill would require the Department of  General Services   Finance  to compile  information under the catego   ries on the FISCal Project Internet Web site in  an annual Personal Services Contractor Expenditure Budget to accompany the Governor's Budget  , detailing total expenditures for personal services contracts for California state government  . 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 12025 of the   Government Code   is amended to read:  12025.  (a)    Upon full implementation of the Financial Information System for California (FISCal) Project for state departments and agencies that are utilizing the full functionality of the FISCal system, information regarding contracts for services in the amount of five thousand one dollars ($5,001) or more shall be made available to the public on the FISCal Project Internet Web site in a format that allows for searching and sorting by the following categories:  (a)   (1)  A description of the contract and the services being purchased.  (2) A description of the personal services contract and services being purchased.   (b)   (3)  The name of the  agency   agency, department, or division  contracting for the services.  (c)   (4)  The name of the contractor  and any and all subcontractors  , unless otherwise exempt from disclosure.  (d)   (5)  The effective date and expiration date of the contract.  (e)   (6)  The annual amounts paid  or to be paid  under the contract, to the contractor, in  prior   all  fiscal years  during which the contract will be in effect, by funding source  .  (f)   (7)  The  original amount of the contract and the  total projected cost of the contract, or maximum cost the contract is prohibited from exceeding, for all fiscal years during which the contract will be in  effect.   effect, by funding source.   (g)   (8)  The acquisition method.  (b) The Department of Finance shall compile the information listed in paragraphs (2) to (8), inclusive, of subdivision (a) in an annual Personal Services Contractor Expenditure Budget accompanying the Governor's Budget.   SECTION 1.   Section 19137 is added to the Government Code, to read: 19137. (a) The Department of General Services shall establish and maintain an online database of personal services contracts that is accessible to the public, searchable, sortable, and downloadable. The database shall include all of the following: (1) Description of the personal services contract and services being purchased. (2) Name of the department, agency, or division contracting for the service. (3) Name of the contractor and any and all subcontractors. (4) Effective and expiration dates of the contract. (5) Annual amount paid to the contractor in past fiscal years and the current fiscal year under the contract, by funding source. (6) Annual amount proposed to be paid to the contractor in the fiscal years beyond the approved budget. (7) Total projected cost of the contract for all fiscal years, by funding source. (b) The Department of General Services shall compile the information listed in subdivision (a) in an annual Personal Services Contractor Expenditure Budget accompanying the Governor's Budget, detailing total spending on total personal services contracts for California state government.