California 2023 2023-2024 Regular Session

California Assembly Bill AB2068 Enrolled / Bill

Filed 09/04/2024

                    Enrolled  September 04, 2024 Passed IN  Senate  August 29, 2024 Passed IN  Assembly  August 30, 2024 Amended IN  Senate  August 23, 2024 Amended IN  Senate  June 05, 2024 Amended IN  Assembly  May 20, 2024 Amended IN  Assembly  March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2068Introduced by Assembly Member OrtegaFebruary 05, 2024An act to add Section 10299.5 to the Public Contract Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTAB 2068, Ortega. State agencies: call center work: reporting information.Existing law establishes the Department of General Services within the Government Operations Agency and charges it with various duties regarding contracting for the acquisition of goods and services by state agencies. Existing law further requires state agencies to comply with specified procedures in awarding agency contracts. Existing law prohibits a state agency authorized to enter into contracts relating to public benefit programs from contracting for services provided by a call center that directly serves applicants for, recipients of, or enrollees in, those public benefit programs with a contractor or subcontractor unless that contractor or subcontractor certifies in its bid for the contract that the contract, and any subcontract performed under that contract, will be performed solely with workers employed in California.This bill would require each state agency, on and after January 1, 2025, that enters into a contract with a private entity solely for call center work to provide public or customer service for that agency or another state agency to provide a report to the Department of General Services containing certain information about the number of total jobs that will be located within California and outside the state, subject to specified exceptions. The bill would further require the department to maintain a master list of contracts that are subject to these provisions and an aggregate number of jobs, and to make that list available, upon request, to any member of the public. Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 10299.5 is added to the Public Contract Code, to read:10299.5. (a) (1) On and after January 1, 2025, subject to limited exceptions as set forth in subdivision (d), each state agency that enters into a contract with a private entity solely for call center work to provide public or customer service for that state agency or another state agency shall provide a report to the department that contains all of the information set forth in paragraph (2).(2) The number of total jobs and the overall percentage that shall be located within the state, as well as the number and percentage of jobs that shall be located in any other state or states as well as identifying the state and type of jobs located in those states.(b) If the contract is solely for overflow, emergency, or other contingency, the information described in paragraph (2) of subdivision (a) shall be provided in addition to the terms of contingency.(c) The department shall maintain a master list of contracts pursuant to this section and an aggregate number of jobs, including how many are located in another state. This list shall be made available, upon request, to any member of the public.(d) This section shall not apply to a contract or any subcontract reached between a private entity and the State of California or other authority of the State of California where call center services are secondary and the services to be provided are related to state employee benefits.(e) For purposes of this section, state agency means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California.

 Enrolled  September 04, 2024 Passed IN  Senate  August 29, 2024 Passed IN  Assembly  August 30, 2024 Amended IN  Senate  August 23, 2024 Amended IN  Senate  June 05, 2024 Amended IN  Assembly  May 20, 2024 Amended IN  Assembly  March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2068Introduced by Assembly Member OrtegaFebruary 05, 2024An act to add Section 10299.5 to the Public Contract Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTAB 2068, Ortega. State agencies: call center work: reporting information.Existing law establishes the Department of General Services within the Government Operations Agency and charges it with various duties regarding contracting for the acquisition of goods and services by state agencies. Existing law further requires state agencies to comply with specified procedures in awarding agency contracts. Existing law prohibits a state agency authorized to enter into contracts relating to public benefit programs from contracting for services provided by a call center that directly serves applicants for, recipients of, or enrollees in, those public benefit programs with a contractor or subcontractor unless that contractor or subcontractor certifies in its bid for the contract that the contract, and any subcontract performed under that contract, will be performed solely with workers employed in California.This bill would require each state agency, on and after January 1, 2025, that enters into a contract with a private entity solely for call center work to provide public or customer service for that agency or another state agency to provide a report to the Department of General Services containing certain information about the number of total jobs that will be located within California and outside the state, subject to specified exceptions. The bill would further require the department to maintain a master list of contracts that are subject to these provisions and an aggregate number of jobs, and to make that list available, upon request, to any member of the public. Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Enrolled  September 04, 2024 Passed IN  Senate  August 29, 2024 Passed IN  Assembly  August 30, 2024 Amended IN  Senate  August 23, 2024 Amended IN  Senate  June 05, 2024 Amended IN  Assembly  May 20, 2024 Amended IN  Assembly  March 18, 2024

Enrolled  September 04, 2024
Passed IN  Senate  August 29, 2024
Passed IN  Assembly  August 30, 2024
Amended IN  Senate  August 23, 2024
Amended IN  Senate  June 05, 2024
Amended IN  Assembly  May 20, 2024
Amended IN  Assembly  March 18, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2068

Introduced by Assembly Member OrtegaFebruary 05, 2024

Introduced by Assembly Member Ortega
February 05, 2024

An act to add Section 10299.5 to the Public Contract Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2068, Ortega. State agencies: call center work: reporting information.

Existing law establishes the Department of General Services within the Government Operations Agency and charges it with various duties regarding contracting for the acquisition of goods and services by state agencies. Existing law further requires state agencies to comply with specified procedures in awarding agency contracts. Existing law prohibits a state agency authorized to enter into contracts relating to public benefit programs from contracting for services provided by a call center that directly serves applicants for, recipients of, or enrollees in, those public benefit programs with a contractor or subcontractor unless that contractor or subcontractor certifies in its bid for the contract that the contract, and any subcontract performed under that contract, will be performed solely with workers employed in California.This bill would require each state agency, on and after January 1, 2025, that enters into a contract with a private entity solely for call center work to provide public or customer service for that agency or another state agency to provide a report to the Department of General Services containing certain information about the number of total jobs that will be located within California and outside the state, subject to specified exceptions. The bill would further require the department to maintain a master list of contracts that are subject to these provisions and an aggregate number of jobs, and to make that list available, upon request, to any member of the public. 

Existing law establishes the Department of General Services within the Government Operations Agency and charges it with various duties regarding contracting for the acquisition of goods and services by state agencies. Existing law further requires state agencies to comply with specified procedures in awarding agency contracts. Existing law prohibits a state agency authorized to enter into contracts relating to public benefit programs from contracting for services provided by a call center that directly serves applicants for, recipients of, or enrollees in, those public benefit programs with a contractor or subcontractor unless that contractor or subcontractor certifies in its bid for the contract that the contract, and any subcontract performed under that contract, will be performed solely with workers employed in California.

This bill would require each state agency, on and after January 1, 2025, that enters into a contract with a private entity solely for call center work to provide public or customer service for that agency or another state agency to provide a report to the Department of General Services containing certain information about the number of total jobs that will be located within California and outside the state, subject to specified exceptions. The bill would further require the department to maintain a master list of contracts that are subject to these provisions and an aggregate number of jobs, and to make that list available, upon request, to any member of the public. 

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 10299.5 is added to the Public Contract Code, to read:10299.5. (a) (1) On and after January 1, 2025, subject to limited exceptions as set forth in subdivision (d), each state agency that enters into a contract with a private entity solely for call center work to provide public or customer service for that state agency or another state agency shall provide a report to the department that contains all of the information set forth in paragraph (2).(2) The number of total jobs and the overall percentage that shall be located within the state, as well as the number and percentage of jobs that shall be located in any other state or states as well as identifying the state and type of jobs located in those states.(b) If the contract is solely for overflow, emergency, or other contingency, the information described in paragraph (2) of subdivision (a) shall be provided in addition to the terms of contingency.(c) The department shall maintain a master list of contracts pursuant to this section and an aggregate number of jobs, including how many are located in another state. This list shall be made available, upon request, to any member of the public.(d) This section shall not apply to a contract or any subcontract reached between a private entity and the State of California or other authority of the State of California where call center services are secondary and the services to be provided are related to state employee benefits.(e) For purposes of this section, state agency means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California.

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

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

SECTION 1. Section 10299.5 is added to the Public Contract Code, to read:10299.5. (a) (1) On and after January 1, 2025, subject to limited exceptions as set forth in subdivision (d), each state agency that enters into a contract with a private entity solely for call center work to provide public or customer service for that state agency or another state agency shall provide a report to the department that contains all of the information set forth in paragraph (2).(2) The number of total jobs and the overall percentage that shall be located within the state, as well as the number and percentage of jobs that shall be located in any other state or states as well as identifying the state and type of jobs located in those states.(b) If the contract is solely for overflow, emergency, or other contingency, the information described in paragraph (2) of subdivision (a) shall be provided in addition to the terms of contingency.(c) The department shall maintain a master list of contracts pursuant to this section and an aggregate number of jobs, including how many are located in another state. This list shall be made available, upon request, to any member of the public.(d) This section shall not apply to a contract or any subcontract reached between a private entity and the State of California or other authority of the State of California where call center services are secondary and the services to be provided are related to state employee benefits.(e) For purposes of this section, state agency means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California.

SECTION 1. Section 10299.5 is added to the Public Contract Code, to read:

### SECTION 1.

10299.5. (a) (1) On and after January 1, 2025, subject to limited exceptions as set forth in subdivision (d), each state agency that enters into a contract with a private entity solely for call center work to provide public or customer service for that state agency or another state agency shall provide a report to the department that contains all of the information set forth in paragraph (2).(2) The number of total jobs and the overall percentage that shall be located within the state, as well as the number and percentage of jobs that shall be located in any other state or states as well as identifying the state and type of jobs located in those states.(b) If the contract is solely for overflow, emergency, or other contingency, the information described in paragraph (2) of subdivision (a) shall be provided in addition to the terms of contingency.(c) The department shall maintain a master list of contracts pursuant to this section and an aggregate number of jobs, including how many are located in another state. This list shall be made available, upon request, to any member of the public.(d) This section shall not apply to a contract or any subcontract reached between a private entity and the State of California or other authority of the State of California where call center services are secondary and the services to be provided are related to state employee benefits.(e) For purposes of this section, state agency means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California.

10299.5. (a) (1) On and after January 1, 2025, subject to limited exceptions as set forth in subdivision (d), each state agency that enters into a contract with a private entity solely for call center work to provide public or customer service for that state agency or another state agency shall provide a report to the department that contains all of the information set forth in paragraph (2).(2) The number of total jobs and the overall percentage that shall be located within the state, as well as the number and percentage of jobs that shall be located in any other state or states as well as identifying the state and type of jobs located in those states.(b) If the contract is solely for overflow, emergency, or other contingency, the information described in paragraph (2) of subdivision (a) shall be provided in addition to the terms of contingency.(c) The department shall maintain a master list of contracts pursuant to this section and an aggregate number of jobs, including how many are located in another state. This list shall be made available, upon request, to any member of the public.(d) This section shall not apply to a contract or any subcontract reached between a private entity and the State of California or other authority of the State of California where call center services are secondary and the services to be provided are related to state employee benefits.(e) For purposes of this section, state agency means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California.

10299.5. (a) (1) On and after January 1, 2025, subject to limited exceptions as set forth in subdivision (d), each state agency that enters into a contract with a private entity solely for call center work to provide public or customer service for that state agency or another state agency shall provide a report to the department that contains all of the information set forth in paragraph (2).(2) The number of total jobs and the overall percentage that shall be located within the state, as well as the number and percentage of jobs that shall be located in any other state or states as well as identifying the state and type of jobs located in those states.(b) If the contract is solely for overflow, emergency, or other contingency, the information described in paragraph (2) of subdivision (a) shall be provided in addition to the terms of contingency.(c) The department shall maintain a master list of contracts pursuant to this section and an aggregate number of jobs, including how many are located in another state. This list shall be made available, upon request, to any member of the public.(d) This section shall not apply to a contract or any subcontract reached between a private entity and the State of California or other authority of the State of California where call center services are secondary and the services to be provided are related to state employee benefits.(e) For purposes of this section, state agency means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California.



10299.5. (a) (1) On and after January 1, 2025, subject to limited exceptions as set forth in subdivision (d), each state agency that enters into a contract with a private entity solely for call center work to provide public or customer service for that state agency or another state agency shall provide a report to the department that contains all of the information set forth in paragraph (2).

(2) The number of total jobs and the overall percentage that shall be located within the state, as well as the number and percentage of jobs that shall be located in any other state or states as well as identifying the state and type of jobs located in those states.

(b) If the contract is solely for overflow, emergency, or other contingency, the information described in paragraph (2) of subdivision (a) shall be provided in addition to the terms of contingency.

(c) The department shall maintain a master list of contracts pursuant to this section and an aggregate number of jobs, including how many are located in another state. This list shall be made available, upon request, to any member of the public.

(d) This section shall not apply to a contract or any subcontract reached between a private entity and the State of California or other authority of the State of California where call center services are secondary and the services to be provided are related to state employee benefits.

(e) For purposes of this section, state agency means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California.