1. (a) A “Qualifying Contract” is any contract meeting the following conditions:

   1. (1) A contract executed by a state agency with a provider of personal services, and
   2. (2) The contract is in force for 91 days or more, and
   3. (3) The contract includes janitorial, housekeeping, custodian, food service, security guard, laundry or window cleaning services.

2. (b) “Covered Employee” means a person who performs any of the services identified in 1896.300(a)(3), above, as more than an incidental part of their duties under a Qualifying Contract. Covered Employee does not include either:

   1. (1) A person who performs solely supervisory or administrative services under a Qualifying Contract, or
   2. (2) An owner-operator.

3. (c) “Employee Benefits” means coverage a contractor provides to a Covered Employee, either through a purchased plan or by self-insurance, for:

   1. (1) Basic health care, as identified in 28 CCR Section 1300.67, and
   2. (2) Dental services, and
   3. (3) Vision services.
4. (d) “Cash Payment” means a dollar amount a contractor pays to a Covered Employee on a Qualifying Contract in lieu of providing Employee Benefits.

For purposes of complying with Government Code Section 19134, the following definitions apply:

Note: Authority cited: Section 19134(f), Government Code. Reference: Section 19134(a), (b), (c)(2), (d) and (g), Government Code.

History

1. New subchapter 12 (sections 1896.300-1896.370) and section filed 12-29-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emergency language will be repealed by operation of law on the following day.

2. New subchapter 12 (sections 1896.300-1896.370) and section refiled 4-30-2001 as an emergency; operative 4-30-2001 (Register 2001, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-28-2001 or emergency language will be repealed by operation of law on the following day.

3. New subchapter 12 (sections 1896.300-1896.370) and section refiled 8-16-2001 as an emergency; operative 8-16-2001 (Register 2001, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-14-2001 or emergency language will be repealed by operation of law on the following day.

4. New subchapter 12 (sections 1896.300-1896.370) and section refiled 12-12-2001 as an emergency; operative 12-15-2001 (Register 2001, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-15-2002 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 12-12-2001 order, including amendment of subsections (b)-(b)(2) and (c)(1), transmitted to OAL 4-15-2002 and filed 5-28-2002 (Register 2002, No. 22).