BILL NUMBER: AB 1708	CHAPTERED
	BILL TEXT

	CHAPTER  97
	FILED WITH SECRETARY OF STATE  JULY 21, 2006
	APPROVED BY GOVERNOR  JULY 21, 2006
	PASSED THE SENATE  JUNE 29, 2006
	PASSED THE ASSEMBLY  JANUARY 26, 2006
	AMENDED IN ASSEMBLY  JANUARY 23, 2006
	AMENDED IN ASSEMBLY  JANUARY 9, 2006
	AMENDED IN ASSEMBLY  JANUARY 4, 2006
	AMENDED IN ASSEMBLY  MAY 3, 2005

INTRODUCED BY   Assembly Member DeVore
   (Principal coauthor: Assembly Member Torrico)
   (Coauthors: Assembly Members Shirley Horton, Huff, Maze, and
Mountjoy)

                        FEBRUARY 22, 2005

   An act to amend Section 19822 to the Government Code, relating to
state employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1708, DeVore  State employees.
   Existing law requires the Director of the Department of Personnel
Administration to determine the fair and reasonable value of
maintenance, living quarters, housing, lodging, board, meals, food,
household supplies, fuel, laundry, and other services furnished by
the state as an employer of its employees. Existing law provides that
the value so determined constitutes the charges to be made to the
state employees for any such maintenance or services furnished by the
state, unless the employee is entitled to these benefits as
compensation for his or her services or as actual and necessary
expenses incurred in the performance of the state's business.
   This bill would revise that provision to specify that the director
shall determine, by rule, the fair and reasonable value of these
items and services. The bill would further require the director, by
rule, to provide instruction for the administration of all lodging,
maintenance, and other services furnished by the state as an employer
to its employees.  The bill would also specify that compliance with
all the rules associated with these services is the responsibility of
each director of each state department possessing lodging or
supplying maintenance or other services to its employees.  The bill
would make other related changes to that provision.


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


  SECTION 1.  Section 19822 of the Government Code is amended to
read:
   19822.  (a) The director, by rule, shall determine the fair and
reasonable value of maintenance, living quarters, housing, lodging,
board, meals, food, household supplies, fuel, laundry, domestic
servants, and other services furnished by the state as an employer to
its employees.
   The value so determined shall constitute the charges to be made to
state employees for any maintenance or other services furnished by
the state, unless the employee is entitled to maintenance or other
services as compensation for his or her services or as actual and
necessary expenses incurred in the performance of the state's
business. Whenever a state employee is entitled to maintenance or
other services as part or full compensation for services rendered,
the value thereof for retirement purposes, as defined by Section
20630, and for salary or wage fixing purposes, shall also be
determined in accordance with the values established by the
department. The director, by rule, shall provide instruction for the
administration of all lodging, maintenance, and other services
furnished by the state as an employer to its employees. The director,
by rule, shall provide for reasonable opportunity to be heard by
departments or employees affected by this section.
   (b) Compliance with all rules associated with the lodging,
maintenance, and other services furnished by the state as an employer
to its employees shall be the responsibility of each director of
each state department possessing lodging or supplying maintenance or
other services to its employees.
   (c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.