Bill Text: CA SB975 | 2013-2014 | Regular Session | Enrolled

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Bill Title: Personal services contracts: legal compliance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-30 - In Senate. Consideration of Governor's veto pending. [SB975 Detail]

Download: California-2013-SB975-Enrolled.html

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BILL NUMBER: SB 975	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 28, 2014
	PASSED THE ASSEMBLY  AUGUST 27, 2014
	AMENDED IN ASSEMBLY  JUNE 25, 2014
	AMENDED IN SENATE  MAY 27, 2014
	AMENDED IN SENATE  MARCH 17, 2014

INTRODUCED BY   Senator Lieu

                        FEBRUARY 11, 2014

   An act to add Section 19138.1 to the Government Code, relating to
personal services contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 975, Lieu. Personal services contracts: legal compliance.
   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, consistent with those
provisions of the California Constitution relating to civil service,
and authorizes personal services contracts when prescribed conditions
are met.
   The State Contract Act requires an applicable state department to
require a prospective bidder on a public works project to answer
questions inquiring whether, and if so, to explain the circumstances
under which the prospective bidder has ever been disqualified,
removed, or otherwise prevented from bidding on, or completing a
federal, state, or local government project because of a violation of
law or a safety regulation. Existing law requires the questionnaire
to be completed under the penalty of perjury. Existing law authorizes
the department to reject the bid of a bidder who has been
disqualified, removed, or otherwise prevented from bidding on, or
completing a federal, state, or local project because of a violation
of law or a safety regulation.
   Existing law requires a competitive bidding process for certain
contracts, including amendments, entered into by any state agency for
services to be rendered to the state, whether or not the services
involve the furnishing or use of equipment, materials, or supplies,
or are performed by an independent contractor.
   This bill would require every bidder for a personal services
contract to complete, under the penalty of perjury, a standard
questionnaire inquiring whether the bidder has ever violated state
tax law or laws and regulations relating to health and safety, labor
and employment, and licensing relevant to the bidder's employees,
worksite, bid, and contract, and if so, requiring an explanation of
the violation. The bill would prohibit the award of a personal
services contract to a bidder who does not complete the required
questionnaire. By expanding the scope of the crime of perjury, the
bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19138.1 is added to the Government Code, to
read:
   19138.1.  (a) Every bidder for a personal services contract
entered into pursuant to Section 19130 shall complete, under penalty
of perjury, a standard form of questionnaire inquiring whether the
bidder has ever violated state tax law or laws and regulations
relating to health and safety, labor and employment, or the licensing
of the contractor's employees, worksite, bid, and contract, and if
so, requiring the bidder to explain the circumstances of that
violation.
   (b) A personal services contract shall not be awarded to a bidder
who does not complete the questionnaire required by this section.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.