BILL NUMBER: AB 199 CHAPTERED
BILL TEXT
CHAPTER 186
FILED WITH SECRETARY OF STATE AUGUST 24, 2007
APPROVED BY GOVERNOR AUGUST 24, 2007
PASSED THE SENATE AUGUST 21, 2007
PASSED THE ASSEMBLY AUGUST 21, 2007
AMENDED IN SENATE AUGUST 21, 2007
INTRODUCED BY Committee on Budget (Laird (Chair), Arambula, Beall,
Berg, Brownley, Dymally, Feuer, Hayashi, Hernandez, Jones, Mullin,
Ruskin, Swanson, and Wolk)
JANUARY 25, 2007
An act to amend Section 12439 of, and to repeal Section 15814.45
of, the Government Code, relating to state government, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 199, Committee on Budget. State government.
(1) Existing law requires that any state position that is vacant
for 6 consecutive monthly pay periods be abolished by the Controller
on the following July 1. Amendments to existing law proposed by SB 86
of the 2007-08 Regular Session, if enacted, would, from July 1,
2007, to June 30, 2010, inclusive, instead require any state position
that is vacant for 12 consecutive monthly pay periods to be
abolished by the Controller on the following July 1.
This bill would delete the amendments to this provision proposed
by SB 86, if those amendments are enacted and become effective on or
before January 1, 2008.
(2) Existing law requires that new public buildings be models of
energy efficiency and be designed, constructed, and equipped with
energy efficiency measures, materials, and devices, and that existing
buildings be retrofitted to meet specified standards when renovated
or remodeled. In addition, certain executive orders require state
agencies to implement certain energy and resource efficiency
standards in this regard.
A requirement proposed to be added by SB 86 of the 2007-08 Regular
Session, if enacted, would provide that any building the state
intends to occupy, for which construction commences on and after
January 1, 2009, and any renovation to a building the state intends
to occupy that commences on or after that date, to be designed,
constructed, and operated, to meet, at a minimum, the applicable
standards described in the United States Green Building Council's
Leadership in Energy and Environmental Design silver rating.
This bill would delete this requirement proposed to be added by SB
86, if that provision is enacted and becomes effective on or before
January 1, 2008.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12439 of the Government Code, as amended by
Section 10 of Senate Bill 86 of the 2007-08 Regular Session, is
amended to read:
12439. (a) Beginning July 1, 2002, any state position that is
vacant for six consecutive monthly pay periods shall be abolished by
the Controller on the following July 1. The six consecutive monthly
pay periods may occur entirely within one fiscal year or between two
consecutive fiscal years.
(b) The Director of Finance may authorize the reestablishment of
any positions abolished pursuant to this section if one or more of
the following conditions existed during part or all of the six
consecutive monthly pay periods:
(1) There was a hiring freeze in effect during part or all of the
six consecutive pay periods.
(2) The department has diligently attempted to fill the position,
but was unable to complete all the steps necessary to fill the
position within six months.
(3) The position has been designated as a management position for
purposes of collective bargaining and has been held vacant pending
the appointment of the director, or other chief executive officer, of
the department as part of the transition from one Governor to the
succeeding Governor.
(4) The classification of the position is determined to be
hard-to-fill.
(5) Late enactment of the budget causes the department to delay
filling the position.
(c) The Controller shall reestablish any position for which the
director of the department in which that position existed prior to
abolishment certifies by August 15 that one or more of the following
conditions existed during part or all of the six consecutive pay
periods:
(1) The position is necessary for directly providing 24-hour care
in an institution operated by the state.
(2) The position is necessary for the state to satisfy any
licensing requirements adopted by a local, state, or federal
licensing or other regulatory agency.
(3) The position is directly involved in services for public
health, public safety, or homeland security.
(4) The position is being held vacant because the previous
incumbent is eligible to exercise a mandatory right of return from a
leave of absence as may be required by any provision of law
including, but not limited to, leaves for industrial disability,
nonindustrial disability, military service, pregnancy, childbirth, or
care of a newborn infant.
(5) The position is being held vacant because the department has
granted the previous incumbent a permissive leave of absence as may
be authorized by any provision of law including, but not limited to,
leaves for adoption of a child, education, civilian military work, or
to assume a temporary assignment in another agency.
(6) Elimination of the position will directly reduce state
revenues or other income by more than would be saved by elimination
of the position.
(7) The position is funded entirely from moneys appropriated
pursuant to Section 221 of the Food and Agricultural Code, was
established with the Controller pursuant to Section 221.1 of the Food
and Agricultural Code, and directly responds to unforeseen
agricultural circumstances requiring the relative expertise that the
position provides.
(d) Each department shall maintain for future independent audit
all records on which the department relied in determining that any
position or positions satisfied one or more of the criteria specified
in paragraphs (1) to (6), inclusive, of subdivision (c).
(e) The only other exceptions to the abolishment required by
subdivision (a) are those positions exempt from civil service or
those instructional and instruction-related positions authorized for
the California State University. No money appropriated by the
subsequent Budget Act shall be used to pay the salary of any
otherwise authorized state position that is abolished pursuant to
this section.
(f) The Controller, no later than September 10 of each fiscal
year, shall furnish the Department of Finance in writing a
preliminary report of any authorized state positions that were
abolished effective on the preceding July 1 pursuant to this section.
(g) The Controller, no later than October 15 of each fiscal year,
shall furnish the Joint Legislative Budget Committee and the
Department of Finance a final report on all positions that were
abolished effective on the preceding July 1.
(h) Departments shall not execute any personnel transactions for
the purpose of circumventing the provisions of this section.
(i) Each department shall include a section discussing its
compliance with this section when it prepares its report pursuant to
Section 13405.
(j) As used in this section, department refers to any department,
agency, board, commission, or other organizational unit of state
government that is empowered to appoint persons to civil service
positions.
(k) This section shall become operative July 1, 2002.
SEC. 2. Section 15814.45 of the Government Code, as proposed to be
added by Section 12 of SB 86 of the 2007-08 Regular Session, is
repealed.
SEC. 3. (a) Section 1 of this act shall become operative only if
Senate Bill 86 of the 2007-08 Regular Session is enacted and becomes
effective on or before January 1, 2008, and amends Section 12439 of
the Government Code.
(b) Section 2 of this act shall become operative only if Senate
Bill 86 of the 2007-08 Regular Session is enacted and becomes
effective on or before January 1, 2008, and adds Section 15814.45 to
the Government Code.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to make the necessary statutory changes to implement the
Budget Act of 2007 at the earliest possible time, it is necessary
that this act take effect immediately.