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AB-657 State civil service system: personal services contracts: professionals.(2021-2022)

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Date Published: 04/21/2021 09:00 PM
AB657:v98#DOCUMENT

Amended  IN  Assembly  April 21, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 657


Introduced by Assembly Member Bonta Cooper

February 12, 2021


An act to add Section 19136 to the Government Code, relating to state employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 657, as amended, Bonta Cooper. State civil service system: personal services contracts: professionals.
Existing law, 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, including, among others, when the contracting agency demonstrates that the proposed contract will result in actual overall cost savings to the state, as specified.
Existing law authorizes the Governor to suspend, during a state of war emergency or a state of emergency, any regulatory statute or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency if the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency.
This bill would prohibit a state agency from entering into a contract with a professional, as defined, for a period of more than 365 consecutive days or for a period of 365 nonconsecutive days in a 24-month period. The bill, however, would authorize a state agency to renew, during a state of emergency, a personal services contract with a professional beyond these time period limitations if the state agency receives approval for the renewal from an unspecified entity, as provided. The bill would prohibit the unspecified entity from approving a personal services contract renewal unless the renewal is necessary for the state agency to address the state of emergency. The bill would provide that the bill’s provisions relating to renewals shall not be construed to limit the Governor’s authority to suspend statutes. The bill would define “professional,” for these provisions, to include, among others, a physician and surgeon, dentist, and clinical psychologist. The bill would require each state agency that has a contract with a professional pursuant to the bill’s provisions to assign a unique identification number to each of those professionals for specified purposes. The bill would require each state agency that has a contract with a professional pursuant to these provisions to prepare a monthly report to the exclusive bargaining representative for the professional, if the professional is represented, providing certain information, including the name and contact information names and unique identification numbers of the professionals subject to a contract with the state agency, the details of the contract period for each professional, and the number of open professional positions available, as specified.
This bill would also require a state agency agency, with specified exclusions, that uses a personal services contract for an employee position for each state agency that has a budgetary allocation to provide the applicable employee organization that represents employees who provide the same or similar services with certain information, including, among other things, the expenditures for recruiting and advertising to fill positions for which contractors are hired, and the number of applications for personal services received in the most recent quarter of the fiscal year.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 19136 is added to the Government Code, to read:

19136.
 (a) Notwithstanding Section 19130 or any other law, a professional, as defined in subdivision (b), (c), who has a personal services contract with any state agency, shall not be under contract with the state agency for a time period that exceeds either of the following:
(1) Three hundred sixty-five consecutive days to the state agency.
(2) Three hundred sixty-five nonconsecutive days in a 24-month period.
(b) (1) Notwithstanding subdivision (a), during a state of emergency declared by the Governor pursuant to Section 8625, a state agency may renew a personal services contract with a professional even if the renewal will exceed the time period limitations described in subdivision (a) if it receives approval for such renewal from ____. The request to renew shall include at least all of the following:
(A) A detailed accounting of the state agency’s expenditures in efforts to increase and expand recruitment and retention efforts for the agency.
(B) An analysis of the state agency’s vacancies for the position the professional was contracted for. The analysis shall include a comparison of current vacancies for the position and vacancies for the position one year prior.
(C) A detailed analysis of the state agency’s efforts to fill the position with permanent civil service employees.
(D) A discussion of how the renewal of the contract will assist the agency in addressing the state of emergency.
(2) A state agency shall be required to seek authorization to renew pursuant to this subdivision each time it renews a contract under this subdivision. A renewed personal services contract pursuant to this subdivision shall not be between a professional and any state agency for a time period that exceeds either of the following:
(A) Three hundred sixty-five consecutive days to the state agency.
(B) Three hundred sixty-five nonconsecutive days in a 24-month period.
(3) The ____ shall not approve a renewal of a personal services contract with a professional pursuant to this subdivision unless the renewal is necessary for the state agency to address the state of emergency.
(4) This subdivision shall not be construed to limit the Governor’s authority to suspend statutes pursuant to Section 8571.

(b)

(c) For purposes of this section, “professional” means any of the following:
(1) A physician and surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California.
(2) A dentist licensed by the Dental Board of California.
(3) A clinical psychologist licensed by the Board of Psychology.
(4) A clinical social worker licensed by the Board of Behavioral Sciences.
(5) A pharmacist licensed by the California State Board of Pharmacy.
(d) Each state agency that has a contract with a professional pursuant to this section shall assign a unique identification number to each of those professionals for purposes of determining compliance with this section and complying with subdivisions (e) and (f).

(c)

(e) Each state agency that has a contract with a professional pursuant to this section shall prepare a monthly report to the exclusive bargaining representative for the professional, if the professional is represented. The monthly report shall include all of the following information:
(1) The names and contact information unique identification numbers, as assigned pursuant to subdivision (d), of the professionals subject to a contract with the state agency.
(2) The details of the contract period for each professional, including, but not limited to, their hourly rate, beginning and end date, and the number of days worked pursuant to their current contract.
(3) The number of “open” professional positions for the state agency and the number of “contract” professional positions. For purposes of this paragraph, “open” means a position authorized in the budget for the state agency.

(d)

(f) If a state agency uses a personal services contract for an employee position for which the agency has a budgetary allocation, the agency shall provide to the applicable employee organization that represents employees who provide the same or similar services the following information:
(1) The expenditures for recruiting and advertising in the most recent quarter of the fiscal year to fill positions for which contractors are hired.
(2) The number of applications for personal services contracts received in the most recent quarter of the fiscal year.
(3) The number of applicants interviewed for personal services contracts received in the most recent quarter of the fiscal year.
(4) The number of applicants rejected for personal services contracts received in the most recent quarter of the fiscal year.
(g) This section shall not apply to a board or bureau of the Department of Consumer Affairs, as described in Section 101 of the Business and Professions Code.