BILL NUMBER: SB 1309	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 23, 2012

   An act to amend Sections 7296, 7299.2, 7299.4, 7299.5, 7299.6,
11435.30, 11435.40, 11435.45, 11435.50, 18522, 18524, 18538, 18573,
18576, 18720, 18720.1, 18720.3, 18720.4, 18901, 18901.5, 18902,
18906, 18930, 18930.5, 18933, 18934, 18935, 18938, 18938.5, 18938.6,
18939, 18990, 18991, 18992, 19050.4, 19050.5, 19052, 19055, 19057.1,
19057.3, 19058, 19063, 19063.1, 19063.4, 19063.8, 19172, 19180,
19232, 19233, 19236, 19237, 19240, 19241, 19242, 19242.2, 19242.8,
19243, 19243.2, 19600, 19600.1, 19602, 19603, 19606, 19609, 19701,
19702.5, 19705, 19790, 19792, 19792.5, 19794, 19795, 19798.5,
19816.4, and 19816.6 of, to add Sections 18501, 18502, and 18521.5
to, to add Article 1.5 (commencing with Section 18660) to Chapter 2
of Part 2 of Division 5 of Title 2 of, and to repeal Sections 19815.2
and 19816.22 of, the Government Code, relating to human resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1309, as introduced, Negrete McLeod. Human resources.
   The California Constitution establishes the State Personnel Board
(board) and requires the board to, among other things, enforce the
civil service statutes, prescribe probationary periods and
classifications, adopt rules authorized by statute, and review
disciplinary actions. The Constitution also requires the executive
officer of the board to administer the civil service statutes under
the rules of the board. Existing law establishes the Department of
Personnel Administration for purposes of managing the nonmerit
aspects of the state's personnel system.
   Governor's Reorganization No. 1, operative July 1, 2012, creates
the Department of Human Resources, which is vested with the duties,
purposes, responsibilities, and jurisdiction exercised by the board
as its designee with respect to the board's administrative and
ministerial functions.
   This bill would instead vest the Department of Human Resources
with those powers, duties, and authorities necessary to operate the
state civil service system in accordance with the California
Constitution, statutory law, the merit principle, and applicable
rules duly adopted by the board. The bill would transfer certain
functions and duties from the responsibility of the board to the
Department of Human Resources. The bill would make related changes.
   The plan also abolishes the Department of Personnel
Administration, and transfers the functions and duties performed by
the Department of Personnel Administration to the Department of Human
Resources. The plan eliminates certain functions of the board
relating to investigating and hearing complaints of discrimination in
the civil service. The plan also authorizes the Department of Human
Resources to establish disciplinary criteria applicable to adverse
actions taken by appointing bodies pursuant to causes of discipline
for employees and individuals established pursuant to specified
provisions of law. The plan requires the board to give consideration
and respect to any applicable disciplinary criteria established by
the Department of Human Resources in making certain decisions
relating to disciplinary proceedings.
   This bill would also specify that the rules and regulations of the
board and of the Department of Personnel Administration would remain
in effect unless amended or repealed by the board or the Department
of Human Resources.
   The bill would authorize the board to perform audits on the
personnel practices of any appointing authority, as defined, to
ensure compliance with the civil service laws and board regulations.
   Existing law authorizes the Department of Personnel Administration
to assess special funds, bond funds, and nongovernmental cost funds
in sufficient amounts to support the cost of the Human Resources
Modernization Project, as specified.
   This bill would also repeal that provision.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 7296 of the Government Code is amended to read:

   7296.  (a) As used in this chapter, a "qualified bilingual person,"
"qualified bilingual employee," or "qualified interpreter" is a
person who is proficient in both the English language and the
non-English language to be used. For any state agency, "qualified"
means one of the following:
   (1) A bilingual person or employee who the  State
Personnel Board   Department of Human Resources 
has tested and certified as proficient in the ability to understand
and convey in English and a non-English language commonly used terms
and ideas, including terms and ideas regularly used in state
government.
   (2) A bilingual employee who was tested and certified by a state
agency or other  approved  testing authority 
approved by the State Personnel Board  as proficient in the
ability to understand and convey in English and a non-English
language commonly used terms and ideas, including terms and ideas
regularly used in state government.
   (3) An interpreter who has met the testing or certification
standards  established by the State Personnel Board 
for outside or contract interpreters, as proficient in the ability
to communicate commonly used terms and ideas between the English
language and the non-English language to be used and has knowledge of
basic interpreter practices, including, but not limited to,
confidentiality, neutrality, accuracy, completeness, and
transparency.
   (b) The determination of what constitutes "qualified" for local
agencies, shall be left to the discretion of the local agency.
  SEC. 2.  Section 7299.2 of the Government Code is amended to read:
   7299.2.  The  State Personnel Board  
Department of Human Resources  shall be responsible for
informing state agencies of their responsibilities under this chapter
and providing state agencies with technical assistance, upon request
on a reimbursable basis.
  SEC. 3.  Section 7299.4 of the Government Code is amended to read:
   7299.4.  (a) Notwithstanding any other provision in this chapter,
each state agency shall conduct an assessment and develop and update
an implementation plan that complies with the requirements of this
chapter.
   (b) Each agency shall conduct a survey of each of its local
offices every two years to determine all of the following:
   (1) The number of public contact positions in each local office.
   (2) The number of qualified bilingual employees in public contact
positions in each local office, and the languages they speak, other
than English.
   (3) The number and percentage of non-English-speaking people
served by each local office, broken down by native language.
   (4) The number of anticipated vacancies in public contact
positions.
   (5) Whether the use of other available options, including
contracted telephone-based interpretation services, in addition to
qualified bilingual persons in public contact positions, is serving
the language needs of the people served by the agency.
   (6) A list of all written materials that are required to be
translated or otherwise made accessible to non- or
limited-English-speaking individuals by Sections 7295.2 and 7295.4.
   (7) A list of materials identified in paragraph (6) that have been
translated and languages into which they have been translated.
   (8) The number of additional qualified bilingual public contact
staff, if any, needed at each local office to comply with this
chapter.
   (9) Any other relevant information requested by the  State
Personnel Board     Department of Human
Resources  .
   (c) Each agency shall calculate the percentage of
non-English-speaking people served by each local office by rounding
the percentage arrived at to the nearest whole percentage point.
   The survey results  and any additional information requested
 shall be reported  on forms provided by the State
Personnel Board   in the form and at the time required
by the   Department of Huma   n Resources  ,
and delivered to the  board   department 
not later than October 1 of every even-numbered year beginning with
2008.
   (d) Beginning in 2009 and in every odd-numbered year thereafter,
each state agency shall develop an implementation plan that, at a
minimum, addresses all of the following:
   (1) The name, position, and contact information of the employee
designated by the agency to be responsible for overseeing
implementation of the plan.
   (2) A description of the agency's procedures for identifying
written materials that need to be translated.
   (3) A description of the agency's procedures for identifying
language needs at local offices and assigning qualified bilingual
staff.
   (4) A description of how the agency recruits qualified bilingual
staff.
   (5) A description of any training the agency provides to its staff
on the provision of services to non- or limited-English-speaking
individuals.
   (6) A detailed description of how the agency plans to address any
deficiencies in meeting the requirements of this chapter, including,
but not limited to, the failure to translate written materials or
employ sufficient numbers of qualified bilingual employees in public
contact positions at local offices, the proposed actions to be taken
to address the deficiencies, and the proposed dates by when the
deficiencies can be remedied.
   (7) A description of the agency's procedures for accepting and
resolving complaints of an alleged violation of this chapter.
   (8) A description of how the agency complies with any federal or
other state laws that require the provision of linguistically
accessible services to the public.
   (9) Any other relevant information requested by the  State
Personnel Board   Department of Human Resources  .

   (e) In developing its implementation plan in 2003, each state
agency may rely upon data gathered from its 2002 survey.
   (f) Each state agency shall submit its implementation plan to the
 State Personnel Board   Department of Human
Resources  no later than October 1 of each applicable year. The
 board   department  shall review each
plan, and, if it determines that the plan fails to address the
identified deficiencies,  the board  shall order the
agency to supplement or make changes to its plan. A state agency
that has been determined to be deficient shall report to the 
State Personnel Board   Department of Human Resources
 every six months on its progress in addressing the identified
deficiencies.
   (g) If the  board     Department
  of Human Resources  determines that a state agency
has not made reasonable progress toward complying with this chapter,
the  board   department  may issue orders
that it deems appropriate to effectuate the purposes of this chapter.

  SEC. 4.  Section 7299.5 of the Government Code is amended to read:
   7299.5.  The  State Personnel Board  
Department of Human Resources  may exempt state agencies from
the requirements of Section 7299.4, where  the State
Personnel Board   it  determines that any of the
following conditions apply:
   (a) The agency's primary mission does not include responsibility
for furnishing information or rendering services to the public.
   (b) The agency has consistently received such limited public
contact with the non-English-speaking public that it has not been
required to employ bilingual staff under Section 7292 and the agency
employs fewer than the equivalent of 25 full-time employees in public
contact positions.
   In order to receive an exemption, each state agency shall 
annually  petition the  State Personnel Board
  Department of Human Resources  for the exemption
and receive approval in writing by the date established by the
 board   department  . An agency may
receive an exemption for up to five  consecutive surveys or
implementation plans   years  , if it demonstrates
that it meets the requirements of subdivision (a) or (b), and
provides all required documentation to the  State Personnel
Board   Department of Human Resources  .
  SEC. 5.  Section 7299.6 of the Government Code is amended to read:
   7299.6.  The  State Personnel Board  
Department of Human Resources  shall review the results of the
surveys and implementation plans required to be made by Section
7299.4, compile this data, and provide a report to the Legislature
every two years. The report shall identify significant problems or
deficiencies and propose solutions where warranted.
  SEC. 6.  Section 11435.30 of the Government Code is amended to
read:
   11435.30.  (a) The  State Personnel Board  
Department of Human Resources  shall establish, maintain,
administer, and publish annually an updated list of certified
administrative hearing interpreters it has determined meet the
minimum standards in interpreting skills and linguistic abilities in
languages designated pursuant to Section 11435.40. Any interpreter so
listed may be examined by each employing agency to determine the
interpreter's knowledge of the employing agency's technical program
terminology and procedures.
   (b) Court interpreters certified pursuant to Section 68562, and
interpreters listed on the  State Personnel Board's 
 Department of Human Resources'  recommended lists of court
and administrative hearing interpreters prior to July 1, 1993, shall
be deemed certified for purposes of this section.
  SEC. 7.  Section 11435.40 of the Government Code is amended to
read:
   11435.40.  (a) The  State Personnel Board  
Department of Human Resources  shall designate the languages for
which certification shall be established under Sections 11435.30 and
11435.35. The languages designated shall include, but not be limited
to, Spanish, Tagalog, Arabic, Cantonese, Japanese, Korean,
Portuguese, and Vietnamese until the  State Personnel Board
  Department of Human Resources  finds that there
is an insufficient need for interpreting assistance in these
languages.
   (b) The language designations shall be based on the following:
   (1) The language needs of non-English-speaking persons appearing
before the administrative agencies, as determined by consultation
with the agencies.
   (2) The cost of developing a language examination.
   (3) The availability of experts needed to develop a language
examination.
   (4) Other information the  board   department
 deems relevant.
  SEC. 8.  Section 11435.45 of the Government Code is amended to
read:
   11435.45.  (a) The  State Personnel Board  
Department of Human Resources  shall establish and charge fees
for applications to take interpreter examinations and for renewal of
certifications. The purpose of these fees is to cover the annual
projected costs of carrying out this article. The fees may be
adjusted each fiscal year by a percent that is equal to or less than
the percent change in the California Necessities Index prepared by
the Commission on State Finance.
   (b) Each certified administrative hearing interpreter and each
certified medical examination interpreter shall pay a fee, due on
July 1 of each year, for the renewal of the certification. Court
interpreters certified under Section 68562 shall not pay any fees
required by this section.
   (c) If the amount of money collected in fees is not sufficient to
cover the costs of carrying out this article, the  board
  department  shall charge and be reimbursed a pro
rata share of the additional costs by the state agencies that conduct
administrative hearings.
  SEC. 9.  Section 11435.50 of the Government Code is amended to
read:
   11435.50.  The  State Personnel Board  
Department of Human Resources  may remove the name of a person
from the list of certified interpreters if any of the following
conditions occurs:
   (a) The person is deceased.
   (b) The person notifies the  board  
department  that the person is unavailable for work.
   (c) The person does not submit a renewal fee as required by
Section 11435.45.
  SEC. 10.  Section 18501 is added to the Government Code, to read:
   18501.  This part and Part 2.6 shall be known as the State Civil
Service Act.
  SEC. 11.  Section 18502 is added to the Government Code, to read:
   18502.  (a) There is hereby created in state government the
Department of Human Resources. The department succeeds to and is
vested with the following:
   (1) All of the powers and duties exercised and performed by the
Department of Personnel Administration.
   (2) Those powers, duties, and authorities necessary to operate the
state civil service system in accordance with Article VII of the
California Constitution, this code, the merit principle, and
applicable rules duly adopted by the State Personnel Board.
   (b) The State Personnel Board shall prescribe rules consistent
with a merit based civil service system to govern classification,
examinations, probationary periods, and disciplinary actions. The
State Personnel Board may conduct audits and investigations of
personnel practices of the department and appointing authorities to
ensure compliance with civil service policies, procedures, and
statutes.
   (c) Nothing in this section limits the authority of the Department
of Human Resources and the State Personnel Board to delegate, share,
or transfer between them responsibilities for programs within their
respective jurisdictions pursuant to an agreement.
   (d) The rules and regulations of the State Personnel Board and of
the Department of Personnel Administration shall remain in effect
unless and until contradicted by the terms of this chapter or amended
or repealed by the board or the Department of Human Resources.
  SEC. 12.  Section 18521.5 is added to the Government Code, to read:

   18521.5.  "Department" means the Department of Human Resources.
  SEC. 13.  Section 18522 of the Government Code is amended to read:
   18522.  "Position" means any office or employment in the "state
civil service" as the phrase is defined in Section 1 of Article VII
of the Constitution.
   "Former position" means either of the following:
   (a) A position in the classification to which an employee was last
appointed as a probationer, permanent employee, or career executive,
under the same appointing power where that position was held, and
within a designated geographical, organizational, or functional
subdivision of that state agency  as determined appropriate
by the board  .
   (b) With the concurrence of both the appointing power and the
employee, a position in a different classification to which the same
appointing power could have assigned such an employee in accordance
with this part. However, the former position shall not include
positions from which the employee has been separated through
disciplinary action, rejected during a probationary period,
terminated under Section 19889.3, or terminated, demoted, or
transferred in accordance with Section 19253.5; or terminated on a
nonpunitive basis under Section 19585.
  SEC. 14.  Section 18524 of the Government Code is amended to read:
   18524.  "Appointing  authority" or "appointing  power"
means a person or group having authority to make appointments to
positions in the  State   state  civil
service.
  SEC. 15.  Section 18538 of the Government Code is amended to read:
   18538.  "Part" means this part  , Part 2.5 (commencing with
Section 19800), and Part 2.6 (commencing with Section 19815) 
and those portions of Part 1  (commencing with Section 18000)
 that confer powers or impose duties on the board  or the
department  .
  SEC. 16.  Section 18573 of the Government Code is amended to read:
   18573.  Each appointing power shall  report promptly to
the board such information as the board may require in connection
with each appointment, separation from service, or other change in
position or salary, or other matter affecting the status of positions
or the performance of duties of employees in the state civil
service, and all these reports shall be prepared in the manner and
form prescribed by the board     provide access
to records and prepare reports as required by the board or the
department  .
   Information given to the board  and the department  by
any person shall not be open to public inspection except under
conditions prescribed by board rule, except that a person may inspect
any record relating to his or her own services.
  SEC. 17.  Section 18576 of the Government Code is amended to read:
   18576.  Judicial notice shall be taken of board  and
department  rules  , regulations,  and amendments.
  SEC. 18.  Article 1.5 (commencing with Section 18660) is added to
Chapter 2 of Part 2 of Division 5 of Title 2 of the Government Code,
to read:

      Article 1.5.  Policy and Audit


   18660.  Pursuant to Section 3 of Article VII of the California
Constitution, the board shall establish rules implementing and
enforcing the merit principle in the state civil service system.
   18661.  (a) The board may conduct an audit of any appointing
authority's personnel practices to ensure compliance with the civil
service laws and board regulations. The board may audit selection and
examination procedures, appointments, promotions, the management of
probationary periods, personal services contracts, discipline and
adverse actions, or any other area related to the operation of merit
principle in state civil service.
   (b) When conducting an audit, the board may inspect documents,
policies, practices, and procedures of the appointing authority
relating to its personnel practices and interview appointing
authority staff and witnesses regarding the subject of the audit.
Failure by an appointing authority to cooperate with an audit may
result in corrective action.
   (c) Upon completion of the audit, the board may provide a report
to the appointing authority and the department, identifying any
deficiencies in the appointing authority's personnel practices,
policies, and procedures.
   (d) If the board finds an appointing authority deficient in
personnel practices, policies, and procedures, the appointing
authority shall be subject to corrective action. The board may order
any or all of the following remedies:
   (1) Revocation or modification of the terms of the delegation
agreement between the appointing authority and the department.
   (2) That the appointing authority compensate the department for
the actual and necessary cost of any and all of the personnel
functions the department performs and training and supervision the
department provides on behalf of the appointing authority, either
permanently or for a specified term.
   (3) Void examinations administered by the appointing authority,
abolish eligibility lists, and void appointments made therefrom.
   (4) Seek approval from the Department of Finance for redirection
to the department of a sufficient number of the appointing authority'
s positions to perform all personnel related functions formerly
performed by the appointing authority.
   18662.  The board shall recover from an audited department the
entire cost of any audit or investigation conducted under this
article.
  SEC. 19.  Section 18720 of the Government Code is amended to read:
   18720.   It is the purpose of this article to ensure that
the   The  employment procedures of  the
department and of  each state agency  shall  conform to
the federal and state laws governing employment practices, including
the use of employment forms. The  State Personnel Board
  department  and the Department of Fair Employment
and Housing shall work cooperatively to develop uniform employment
forms where possible pursuant to the provisions of this article and
shall coordinate their enforcement of this article.
  SEC. 20.  Section 18720.1 of the Government Code is amended to
read:
   18720.1.  The  State Personnel Board  
department  shall be responsible for the collection and review
of all employment forms used by state agencies for civil service
employment and for the development of standard employment forms for
general use by all state agencies. The  board  
department  may designate an appointing power to review
employment forms in accordance with Section 18654 and board rules.
Each state agency shall use the standard forms. However, the 
board   department  , or an appointing power
designated by the  board  department  , may
approve the use of a nonstandard form by a state agency if the
information requested on the form is job-related and the forms and
procedures to be used conform with federal and state law governing
employment practices. Copies of nonstandard forms approved by a
designated appointing power shall be transmitted to the 
board   department  . Nonstandard forms proposed by
a state agency shall be accompanied by a petition submitted by the
agency which specifies the reasons why a nonstandard form is
necessary to meet the agency's needs.
  SEC. 21.  Section 18720.3 of the Government Code is amended to
read:
   18720.3.  Each state agency is responsible for ensuring that the
employment application forms, and occupational licensing and
registration forms, used by the agency conform to federal and state
laws governing registration and employment practices. An agency shall
not use a form which is not approved by either the  State
Personnel Board     department  or by the
Department of Fair Employment and Housing.
  SEC. 22.  Section 18720.4 of the Government Code is amended to
read:
   18720.4.  State agencies shall exhaust existing supplies of forms
which conform with federal and state law before using any new form
approved by the  State Personnel Board  
department  or the Department of Fair Employment and Housing
pursuant to this article.
  SEC. 23.  Section 18901 of the Government Code is amended to read:
   18901.  (a) The  board   department  may
remove all names from open and promotional eligible lists after they
have remained thereon for more than one year from the date of the
adoption of the lists that created their eligibility, and shall
remove all names from lists of eligibles not later than four years
after the adoption of the lists that created their eligibility.
   Whenever an open or a promotional eligible list has fewer than
three names of persons who are willing to accept employment, all
names on the list may be removed even though one year has not elapsed
from the date of the adoption of the list.
   (b) When a list of eligibles becomes exhausted for temporary or
permanent employment before the legal expiration of the list, and a
new list of eligibles for the same class is created by examination to
supply the demands of the service, such new list shall become a part
of the list of eligibles to be certified to the positions covered by
the list. Those holding places on the prior list shall be given
preference for appointment until such time as the prior list may
automatically expire or all names are removed therefrom by action of
the  board   department  . When the prior
list has expired by reason of limitation of time, or the names have
been removed therefrom by order of the  board  
department  , then certification shall be made solely from the
latter list.
   (c) The  board   department  or a
designated appointing power shall include in the announcement of any
examination that the list of eligibles secured thereby will expire
not less than one but less than four years after the adoption of such
list.
   (d) The  board   department  or a
designated appointing power may make changes in its records to
correct clerical errors both before and after the announcement of an
eligible list; provided, that any changes of rank, or addition or
subtraction of names, made on lists of eligibles because of clerical
errors or reratings, shall not change the date of the adoption of
such lists, nor give to any persons the right to claim beginning date
of eligibility other than the date of the adoption of the original
eligible list that created their eligibility.
  SEC. 24.  Section 18901.5 of the Government Code is amended to
read:
   18901.5.  Notwithstanding subdivision (a) of Section 18901, the
 board   department  may authorize the
retention of eligibles on an employment list for an indefinite period
of time based on the following factors:
   (a) The number of names remaining on the list in relation to the
anticipated number of vacancies.
   (b) The qualifications of the eligibles.
   (c) The gender, ethnic, and disability composition of the
eligibles remaining on the list.
   (d) The lack of unreasonable denial of a competitive opportunity
for potential applicants.
   (e) The availability of alternative appointment options.
   (f) The modifications that have been made in the duties,
responsibilities, and qualifications in the class specifications
since the establishment of the eligible list.
  SEC. 25.  Section 18902 of the Government Code is amended to read:
   18902.  The  board   department  may
divide the state into districts and departments and establish
district eligible lists and departmental eligible lists therefor. A
person on an eligible list or a departmental eligible list may be
included in any other eligible or departmental eligible list on which
he or she indicates a desire to be placed, when in the judgment of
the  board   department  the best interests
of the state are served thereby.
  SEC. 26.  Section 18906 of the Government Code is amended to read:
   18906.  Any name, after a period of five consecutive years, shall
be removed from the  re-employment  
reemployment  lists for the class unless the period is extended
by action of the  board   department  .
  SEC. 27.  Section 18930 of the Government Code is amended to read:
   18930.  Examinations for the establishment of eligible lists shall
be competitive and of such character as fairly to test and determine
the qualifications, fitness, and ability of competitors actually to
perform the duties of the class of position for which they seek
appointment.
   Examinations for managerial positions, except for career executive
assignments as defined in Section 18547, peace officers defined in
subdivision (a) of Section 830.2 of the Penal Code, and managerial
positions of the Department of Forestry and Fire Protection in the
classes of State Forest Ranger IV and Assistant Deputy State
Forester, shall be held on an open basis unless the appointing
authority determines otherwise. "Managerial position" means those
positions having the duties which are defined under "managerial
employees" in subdivision (e) of Section 3513. When an open
examination is administered for a noncareer executive assignment
managerial position, the names of the applicants who pass the
examination with a passing score
          shall be placed on one list and ranked in the relative
order of the examination score received.
   Examinations may be assembled or unassembled, written or oral, or
in the form of a demonstration of skill, or any combination of these;
and any investigation of character, personality, education, and
experience and any tests of intelligence, capacity, technical
knowledge, manual skill, or physical fitness which the  board
  department  deems are appropriate, may be
employed.
  SEC. 28.  Section 18930.5 of the Government Code is amended to
read:
   18930.5.  The  board   department  may
designate an appointing power to design, announce, or administer
examinations for the establishment of employment lists in accordance
with Section 18654 and board rule. No later than January 1, 1987, the
board shall authorize or assess the ability of appointing powers to
design, announce, or administer designated examinations for the
establishment of employment lists. The board may audit examinations
and order corrective action or nullify any examination or parts
thereof which have been conducted improperly.
   A designated appointing power may contract with the  board
  department  or another designated appointing
power for the purpose of designing, publicizing, or administering an
examination.
  SEC. 29.  Section 18933 of the Government Code is amended to read:
   18933.  Within a reasonable time before the scheduled date, the
 board   department  or a designated
appointing power shall announce or advertise examinations for the
establishment of eligible lists.  Such   The
 announcement shall  contain such information as the
board deems proper and information concerning   include
 :
   (a) The date and place of the examination.
   (b) The nature of the minimum qualifications.
   (c) The general scope of the examination.
   (d) The relative weight of its several parts if more than one type
of test is to be utilized.
  SEC. 30.  Section 18934 of the Government Code is amended to read:
   18934.  Every applicant for examination shall file a formal signed
application in the office of the  board  
department  or a designated appointing power within a reasonable
length of time before the date of examination. Blank application
forms shall be furnished without charge to all persons requesting
them. Such applications when filed and all other examination
materials, including examination questions and booklets, are the
property of the  board   department  and
are confidential records open to inspection only if and as provided
by  board  rule.
   The application form shall include a place for listing volunteer
experience and such experience shall be considered if it is relevant
to the position being applied for. Each form shall have prominently
displayed on its face the fact that volunteer experience will be
given consideration as qualifying experience for state employment.
  SEC. 31.  Section 18935 of the Government Code is amended to read:
   18935.  The  board   department  may
refuse to examine or, after examination, may refuse to declare as
eligible or may withhold or withdraw from certification, prior to
appointment, anyone who comes under any of the following categories:
   (a) Lacks any of the requirements established by the board for the
examination or position for which he or she applies.
   (b) At the time of examination has permanent status in a position
of equal or higher class than the examination or position for which
he or she applies.
   (c) Is physically or mentally so disabled as to be rendered unfit
to perform the duties of the position to which he or she seeks
appointment.
   (d) Is addicted to the use of intoxicating beverages to excess.
   (e) Is addicted to the use of controlled substances.
   (f) Has been convicted of a felony, or convicted of a misdemeanor
involving moral turpitude.
   (g) Has been guilty of infamous or notoriously disgraceful
conduct.
   (h) Has been dismissed from any position for any cause which would
be a cause for dismissal from the state service.
   (i) Has resigned from any position not in good standing or in
order to avoid dismissal.
   (j) Has intentionally attempted to practice any deception or fraud
in his or her application, in his or her examination, or in securing
his or her eligibility.
   (k) Has waived appointment three times after certification from
the same employment list.
   (l) Has failed to reply within a reasonable time  , as
specified by the board,  to communications concerning his or
her availability for employment.
   (m) Has made himself or herself unavailable for employment by
requesting that his or her name be withheld from certification.
   (n) Is, in accordance with  board  rule, found to
be unsuited or not qualified for employment.
   (o) Has engaged in unlawful reprisal or retaliation in violation
of Article 3 (commencing with Section 8547) of Chapter 6.5 of
Division 1, as determined by the board or the court.
  SEC. 32.  Section 18938 of the Government Code is amended to read:
   18938.  The  board   department  or a
designated appointing power may issue certificates of competence to
candidates who are successful in certain phases of examinations
involving a particular knowledge, ability or skill. For the period
named in such a certificate, the  board  
department  or a designated appointing power may accept it as
evidence of the candidate's competence in lieu of participation in
that phase of an examination.
  SEC. 33.  Section 18938.5 of the Government Code is amended to
read:
   18938.5.  When the employment list resulting from examination has
been established, each competitor shall be notified in writing of the
results of the examination. For competitors unsuccessful in an oral
examination, the  board   department  or a
designated appointing power shall, upon the written request of the
competitor, specify the reasons why such person was unsuccessful.
  SEC. 34.  Section 18938.6 of the Government Code is amended to
read:
   18938.6.  The  board   department  shall
provide  by rule  for the inspection of examination
papers for all written test competitors.
  SEC. 35.  Section 18939 of the Government Code is amended to read:
   18939.  For classes of positions for which the  board
  department  or a designated appointing power
finds it difficult to maintain adequate eligible lists it may receive
applications, conduct examinations, and create eligible lists
continuously. The names of eligibles who took the same or a
comparable examination on different dates may be ranked for purposes
of certification in the order of final earned ratings, except as the
order may be modified by the application of veterans preferences or
career credits, consistent with applicable statutes. Eligibility from
a continuous examination may be deemed to be established as of the
date of examination.
  SEC. 36.  Section 18990 of the Government Code, as added by Section
4 of Chapter 353 of the Statutes of 2008, is amended to read:
   18990.  (a) Notwithstanding any other provision of law or rule,
persons employed by the Legislature for two or more consecutive years
shall be eligible to apply for promotional civil service
examinations, including examinations for career executive
assignments, for which they meet the minimum qualifications as
prescribed by the class specification. Persons receiving passing
scores shall have their names placed on promotional lists resulting
from these examinations or otherwise gain eligibility for
appointment. In evaluating minimum qualifications, related
legislative experience shall be considered state civil service
experience in a  comparable  class  deemed
comparable by the State Personnel Board  , based on the
duties and responsibilities assigned.
   (b) In cases where promotional examinations are given by more than
one department for the same classification, the employee shall
select one department in which to compete. Once this selection is
made, it cannot be changed for the duration of the promotional list
established from the examination in which the employee participated.
Employees may transfer list eligibility between departments in the
same manner as provided for civil service employees.
   (c) Employees who meet the requirements of this section, are
employed by the Legislature, and who resign or are released from
service, shall be eligible to take promotional civil service
examinations, including examinations for career executive
assignments, for one year following their resignation or release in
accordance with subdivisions (a) and (b).
   (d) Employees who meet the requirements of this section, are
employed by the office of the Auditor General or the office of the
Legislative Analyst as of January 1, 1992, and who resign or are
released from service due to a force reduction of the Legislature
before January 1, 1994, shall be eligible to take promotional civil
service examinations, including career executive assignments, for
three years following their resignation or release in accordance with
subdivisions (a) and (b).
   (e) An employee who establishes eligibility on a promotional civil
service list, either pursuant to subdivision (c) or (d) or prior to
having resigned or having been released in a manner to which
subdivision (c) or (d) would apply, shall maintain that eligibility
for the duration of that particular list.
   (f) This section shall become operative on January 1, 2013.
  SEC. 37.  Section 18991 of the Government Code is amended to read:
   18991.  (a) Notwithstanding any other provision of law, persons
retired from the United States military, honorably discharged from
active military duty with a service-connected disability, or
honorably discharged from active duty, shall be eligible to apply for
promotional civil service examinations, including examinations for
career executive assignments, for which they meet the minimum
qualifications as prescribed by the class specification. Persons
receiving passing scores shall have their names placed on promotional
lists resulting from these examinations or otherwise gain
eligibility for appointment. In evaluating minimum qualifications,
related military experience shall be considered state civil service
experience in a  comparable  class  deemed
comparable by the State Personnel Board  , based on the
duties and responsibilities assigned.
   (b) In cases where promotional examinations are given by more than
one department for the same classification, the employee shall
select one department in which to compete. Once this selection is
made, it cannot be changed for the duration of the promotional list
established from the examination in which the employee participated.
Employees may transfer list eligibility between departments in the
same manner as provided for civil service employees.
  SEC. 38.  Section 18992 of the Government Code, as added by Section
6 of Chapter 353 of the Statutes of 2008, is amended to read:
   18992.  (a) Notwithstanding any other provision of law or rule,
persons holding, for two or more consecutive years, nonelected exempt
positions in the executive branch of government as defined in
subdivisions (c), (e), (f), (g), (i), and (m) of Section 4 of Article
VII of the Constitution and excluding those positions for which the
salaries are set by statute, shall be eligible to apply for
promotional civil service examinations, including, but not limited
to, examinations for career executive assignments for which they meet
the minimum qualifications as prescribed by the class specification.
Persons receiving passing scores shall have their names placed on
promotional lists resulting from these examinations or otherwise gain
eligibility for appointment. In evaluating minimum qualifications,
related exempt experience shall be considered state civil service
experience in a  comparable  class  deemed
comparable by the State Personnel Board, based on the duties and
responsibilities assigned  .
   (b) In cases where promotional examinations are given by more than
one  department   appointing authority 
for the same classification, the employee shall select one 
department   appointing authority  in which to
compete. Once this selection is made, it cannot be changed for the
duration of the promotional list established from the examination in
which the employee participated. Employees may transfer list
eligibility between  departments   appointing
authorities  in the same manner as provided for civil service
employees.
   (c) Employees who meet the requirements of this section and who
resign or are released from exempt employment of the executive branch
of government shall be eligible to take promotional civil service
examinations, including examinations for career executive
assignments, for one year following their resignation or release in
accordance with subdivisions (a) and (b).
   (d) An employee who establishes eligibility on a promotional civil
service list, either pursuant to subdivision (c) or prior to having
resigned or having been released in a manner to which subdivision (c)
would apply, shall maintain that eligibility for the duration of
that particular list.
   (e) This section shall become operative on January 1, 2013.
  SEC. 39.  Section 19050.4 of the Government Code is amended to
read:
   19050.4.  A transfer  , as defined in Section 18525.3,
 may be accomplished without examination  pursuant to
board rule  . The  board    
department or appointing authority  may require an employee to
demonstrate in an examination that he or she possesses any additional
or different requirements that are included in the minimum
qualifications of the class to which the employee is transferring.
  SEC. 40.  Section 19050.5 of the Government Code is amended to
read:
   19050.5.  Notwithstanding Section 3517.6, an appointing power may
transfer any employee under his or her jurisdiction to  a
position in the same class   or to  another position in
a different class  designated as appropriate by the board
  pursuant to board rule  .
  SEC. 41.  Section 19052 of the Government Code is amended to read:
   19052.  Whenever a vacancy in any position is to be filled and not
by transfer, demotion, or reinstatement, the appointing power shall
submit to the  board   department  , in
accordance with board rules, a statement of the duties of the
position, the necessary and desired qualifications of the person to
be appointed, and a request that the names of persons eligible for
appointment to the position be certified. When the appointing power
establishes to the satisfaction of the  board  
department  that the necessary qualifications for the vacant
position include fluency in a language in addition to English only
the names of persons possessing such fluency shall be certified.
  SEC. 42.  Section 19055 of the Government Code is amended to read:
   19055.  The  board   department  may
 by rule   , consistent with board rules, 
provide for certification of names from appropriate employment lists
of the same or higher level in the event an employment list is not
available for the class to which a position belongs.
  SEC. 43.  Section 19057.1 of the Government Code is amended to
read:
   19057.1.  Notwithstanding Section 19057, for positions in classes
designated by the board as professional, scientific, or
administrative, or for any open employment list, there shall be
certified to the appointing power the names and addresses of all
those eligibles whose scores, at time of certification, represent the
three highest ranks on the employment list for the class, and who
have indicated their willingness to accept appointment under the
conditions of employment specified.
   For purposes of ranking, scores of eligibles on employment lists
for these classes shall be rounded to the nearest whole percent. A
rank shall consist of one or more eligibles with the same whole
percentage score.
   If the names on the list from which certification is being made
represent fewer than three ranks, then additional eligibles shall be
certified from the various lists next lower in order of preference
until names from three ranks appear. If there are fewer than three
names available for certification, and the appointing authority does
not choose to appoint from among these, the appointing authority may
demand certification of three names. In that case, examinations shall
be conducted until at least three names may be certified by the
procedure described in this section, and the appointing authority
shall fill the position by appointment of one of the persons
certified.
   Fractional examination scores shall be provided to, and utilized
by, the California Highway Patrol for its peace officer classes.
   The  board may by rule   department may,
consistent with board rules,  provide for certifying less than
three ranks where the size of the certified group is disproportionate
to the number of vacancies.
  SEC. 44.  Section 19057.3 of the Government Code is amended to
read:
   19057.3.  (a) Notwithstanding Section 19057, for a position in the
Department of Corrections  and Rehabilitation  , there
shall be certified to the appointing power the names and addresses of
all those eligibles for peace officer and closely allied classes
whose scores, at the time of certification, represent the three
highest ranks on the employment list for the class in which the
position belongs and who have indicated their willingness to accept
appointment under the conditions of employment specified.
   (b) For purposes of ranking, scores of eligibles on employment
lists for the classes shall be rounded to the nearest whole percent.
A rank consists of one or more eligibles with the same whole
percentage score.
   (c) If fewer than three ranks of persons willing to accept
appointment are on the list from which certification is to be made,
then additional eligibles shall be certified from the various lists
next lower in order of preference until names from three ranks are
certified. If there are fewer than three names on those lists, and
the appointing power does not choose to appoint from among these, the
appointing power may demand certification of three names and
examinations shall be conducted until at least three names may be
certified. The appointing power shall fill the position by the
appointment of one of the persons certified.
   (d) The  board may, by rule,   department
may, consistent with board rules,  provide for certifying less
than three ranks where the size of the certified group is
disproportionate to the number of vacancies.
   (e) The  board shall adopt rules to  
department may, consistent with board rules,  allow for the
names of eligibles to be transferred from lists for the same class or
comparable classes where names from one list were certified under
the rule of three ranks, and names from the other list were certified
under the rule of three names.
  SEC. 45.  Section 19058 of the Government Code is amended to read:
   19058.  When there is no employment list from which a position may
be filled, the appointing power, with the consent of the 
board   department  , may fill the position by
temporary appointment. The temporary appointment to a permanent
position shall continue only until eligibles are available from an
appropriate employment list and shall not exceed the period
prescribed by Section 5 of Article VII of the Constitution. Within
the limits of the period prescribed therein, any temporary
appointment to a limited term position may, in the discretion of the
appointing power and with the approval of the board, be continued for
the life of such position. When temporary appointments are made to
permanent positions, an appropriate employment list shall be
established for each class to which a temporary appointment is made
before the expiration of the appointment.
  SEC. 46.  Section 19063 of the Government Code is amended to read:
   19063.  (a) Any person receiving state public assistance under the
CalWORKs program (Article 3.2 (commencing with Section 11320) of
Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions
Code) who meets the minimum qualifications for any civil service
position  described by the State Personnel Board  as
a seasonal or an entry level nontesting class that does not require
an examination shall be given priority consideration. "Priority
consideration" means, for the purposes of this article, that after
consideration has been made for all conditions described in this
section, the state agency involved shall hire all qualified job
applicants who are receiving state public assistance before hiring
any other applicant. The  board   department
 shall review all nontesting classes and determine those that
are subject to this article.
   (b) Public assistance recipients who apply for openings under this
article shall be required to undergo the same employment process
used by state agencies to select any other person for appointment to
a position in such a class. If a state agency does not select a
public assistance recipient to fill an opening, it shall document in
its employment records the reasons why the public assistance
recipient was not selected and any other information determined to be
necessary by the  board   department  .
   (c) The employment of public assistance recipients shall be
consistent with the goals established by each agency under Section
19790.
   (d) This section shall not preclude a state agency from hiring any
person appointed during the prior 12 months in the class for which
the vacancy exists.
  SEC. 47.  Section 19063.1 of the Government Code is amended to
read:
   19063.1.  Each state agency that intends to establish qualified
hiring pools, as defined by the  State Personnel Board
  department  , for seasonal or entry level
nontesting class employment shall notify the Employment Development
Department or its delegate in the area where the openings are
expected to occur at least 45 calendar days prior to the
establishment of the pool. The state agency shall request referrals
of public assistance recipients and at the same time shall provide
necessary job-related information.
  SEC. 48.  Section 19063.4 of the Government Code is amended to
read:
   19063.4.  If no public assistance recipient applies for a opening
within the time limits established by this article, the state agency
may fill the opening with a person not receiving public assistance.
In the event a person not receiving public assistance is hired, the
state agency shall place a certification in its employment records
stating the date it contacted the Employment Development Department
or its designate, the name of the person contacted, the date the
position was filled, and any other information determined to be
necessary by the  State Personnel Board  
department  .
  SEC. 49.  Section 19063.8 of the Government Code is amended to
read:
   19063.8.  Any seasonal or entry level nontesting classifications
specifically designed to support a program to train students, as
determined by the  board   department  , to
the extent that they are authorized as of the effective date of this
article, shall be exempt from this article. However, state agencies
shall be encouraged by the  board   department
 to increase their efforts to recruit disadvantaged youth or
students for these jobs.
  SEC. 50.  Section 19172 of the Government Code is amended to read:
   19172.  During the probationary period the appointing power
 or his or her officially delegated representative 
shall evaluate the work and efficiency of a probationer in the manner
and at such periods as the  Department of Personnel
Administration   department  rules may require.
  SEC. 51.  Section 19180 of the Government Code is amended to read:
   19180.  If the board restores a rejected probationer to his 
or her  position it shall direct the payment of salary to the
employee for such period of time as the rejection was improperly in
effect.
   Salary shall not be authorized or paid for any portion of a period
of rejection that the employee was not ready, able, and willing to
perform the duties of his  or her  position, whether such
rejection is valid or not.
   There shall be deducted from any amount approved under this
section any compensation the employee earned or might reasonably have
earned in private or public employment during the period the
rejection was improperly in effect.
  SEC. 52.  Section 19232 of the Government Code is amended to read:
   19232.  Each state agency shall be responsible for establishing an
effective affirmative action program to ensure individuals with a
disability, who are capable of remunerative employment, access to
positions in state service on an equal and competitive basis with the
general population.
   Each state agency shall develop and implement an affirmative
action employment plan for individuals with a disability, which shall
include goals and timetables. These goals and timetables shall be
set annually for disabilities identified pursuant to guidelines
established by the  State Personnel Board  
Department of Human Resources  , and shall be submitted to the
 board   department  no later than June 1
of each year beginning in 1978, for review and approval or
modification. Goals and timetables shall be made available to the
public upon request.
  SEC. 53.  Section 19233 of the Government Code is amended to read:
   19233.  The  State Personnel Board  
department  shall be responsible for the following:
   (a) Outline specific actions to improve the representation of
individuals with a disability in the state work force and to ensure
equal and fair employment practices for employees who are individuals
with a disability.
   (b) Survey the number of individuals with a disability in each
department by at least job category and salary range for the purpose
of developing goals and timetables pursuant to Section 19232 and
compare those numbers with the number of individuals with a
disability in the work force.
   (c) Establish guidelines for state agencies and departments to set
goals and timetables to improve the representation of individuals
with a disability in the state work force. Goals and timetables shall
be set by at least job category.
  SEC. 54.  Section 19236 of the Government Code is amended to read:
   19236.  The  State Personnel Board  
Department of Human Resources  shall provide technical
assistance, statewide advocacy, coordination, and monitoring of plans
to overcome any underrepresentation determined pursuant to Section
19234.
  SEC. 55.  Section 19237 of the Government Code is amended to read:
                         19237.  On or before November 15 of each
year,  beginning in 1978, the State Personnel Board 
 the department  shall report to the Governor and the
Legislature on the current activity, future plans, and past
accomplishments of the overall employment program for individuals
with a disability in state government, including an evaluation of the
achievement of annual employment objectives.
  SEC. 56.  Section 19240 of the Government Code is amended to read:
   19240.  (a) The  State Personnel Board  
department, consistent with board rules,  shall be responsible
for the  administration of the  Limited Examination and
Appointment Program. This program shall provide an alternative to the
traditional civil service examination and appointment process to
facilitate the hiring of persons with disabilities in the state civil
service  where accommodation can be provided and where
prohibitive physical requirements are not mandated by the board
 .
   (b) "Disability" for the purposes of this article has the
definition set forth in Section 12926, as that section presently
reads or as it subsequently may be amended.
   (c) Notwithstanding subdivision (b), if the definition of
"disability" used in the federal Americans with Disabilities Act of
1990 (Public Law 101-336) would result in broader protection of the
civil rights of individuals with a mental or physical disability, as
defined in subdivision (b), then that broader protection shall be
deemed incorporated by reference into, and shall prevail over
conflicting provisions of, the definition in subdivision (b). The
definition of "disability" contained in subdivision (b) shall not be
deemed to refer to or include conditions excluded from the federal
definition of "disability" pursuant to Section 511 of the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211).
  SEC. 57.  Section 19241 of the Government Code is amended to read:
   19241.  The  board   department, consistent
with board rules,  shall  establish rules and procedures
  be responsible  for the implementation of this
chapter, which may provide for the establishment of eligibility
criteria for participation, special job classifications, examination
techniques, and appointment and appeals procedures.
  SEC. 58.  Section 19242 of the Government Code is amended to read:
   19242.  The  board   de   partment
 or its designee shall conduct competitive examinations to
determine the qualifications and readiness of persons with
disabilities for state employment. The examinations may include an on
the-job-performance evaluation and any other selection techniques
deemed appropriate  by the board  . Examination
results may be ranked or unranked.
  SEC. 59.  Section 19242.2 of the Government Code is amended to
read:
   19242.2.  The  board   department  or
its designee shall refer the names of persons with disabilities who
meet eligibility criteria for participation and the minimum
qualifications of the job classification and any other requirements
deemed appropriate by the board to appointing powers for examination
appointments. Notwithstanding any other provision of law, and to
provide for appropriate job-person placement, all candidates meeting
referral requirements shall be eligible for examination appointment.
The  board shall  department may  prescribe
 by rule  the method for referring names to
appointing powers.
  SEC. 60.  Section 19242.8 of the Government Code is amended to
read:
   19242.8.  The  board   department  or
its designee shall develop evaluation standards which are appropriate
tests of fitness for the job classification. During the job
examination period, the appointing power shall prepare written
evaluations of the candidate's performance  in accordance
with board rule  . The final evaluation shall contain a
recommendation as to whether or not to appoint the candidate to an
appropriate position where civil service status may accumulate.
  SEC. 61.  Section 19243 of the Government Code is amended to read:
   19243.  Upon successful completion of the job examination period,
the candidate shall have qualified in the examination. With the
approval of the  board  department  , the
appointing power may appoint the candidate, without further
examination, to an appropriate position where civil service status
may accumulate.
  SEC. 62.  Section 19243.2 of the Government Code is amended to
read:
   19243.2.  With the approval of the  board  
department  , the appointing power may shorten or extend the
duration of the job examination period.
  SEC. 63.  Section 19600 of the Government Code is amended to read:
   19600.  The  board  department  may,
directly or through agreement or contract with one or more 
agencies   appointing authorities  and other public
and private organizations,  with approval of   the
board,  conduct and evaluate demonstration projects.
   Nothing in this section shall infringe upon or conflict with the
merit principle as embodied in Article VII of the California
Constitution, nor shall any project undertaken pursuant to this act
conflict with, or infringe upon the merit principles of the civil
service system.
   Subject to the provisions of this section, the conducting of
demonstration projects shall not be limited by any lack of specific
authority under this code to take the action contemplated, or by any
provision of this code or any rule or regulation prescribed under
this code which is inconsistent with the action, including any law or
regulation relating to any of the following:
   (a) The methods of establishing qualification requirements for,
recruitment for, and appointment to positions.
   (b) The methods of classifying positions and compensating
employees.
   (c) The methods of assigning, reassigning, or promoting employees.

   (d) The methods of disciplining employees.
   (e) The methods of providing incentives to employees, including
the provision of group or individual incentive bonuses or pay.
   (f) The hours of work per day or per week.
   (g) The methods of involving employees, labor organizations, and
employee organizations in personnel decisions.
   (h) The methods of reducing overall agency staff and grade levels.

  SEC. 64.  Section 19600.1 of the Government Code is amended to
read:
   19600.1.  "Demonstration project" means a project 
conducted   approved  by the  State
Personnel Board, or under its supervision,   board and
conducted by the department or another appointed authority  to
determine whether a specified change in personnel management policies
or procedures would result in improved state personnel management.
  SEC. 65.  Section 19602 of the Government Code is amended to read:
   19602.   (a)    Before conducting or entering
into any agreement or contract to conduct a demonstration project,
the  board shall do all of the following  
appointing authority proposing the project shall   describe
its proposal to the department, and specifically address the
following factors  : 
   (a) Develop a plan for the project that identifies all of the
following: 
   (1) The purposes of the project.
   (2) The  types of  employees   
affected by the project  categorized by  classification,
 occupational series,  grade,  or
organizational unit.
   (3) The number of employees  to be included in the
aggregate and by category   affected  .
   (4) The methodology.
   (5) The duration.
   (6) The training to be provided.
   (7) The anticipated costs.
   (8) The methodology and criteria for  evaluation 
   evaluating the project during its term and at its
conclusion  .
   (9) A specific description of any aspect of the project for which
there is a lack of specific authority.
   (10) A specific citation to any provision of law, rule, or
regulation that, if not waived under this section, would prohibit the
conducting of the project, or any part of the project as proposed.
   (11) A specific description of the potential impact of the plan on
the rights and status of the employees included within the plan,
including their right of appeal.
   (12) Provisions for determining the status, rights, compensation,
and benefits of affected employees upon the termination of the
project.
   (b)  Provide notification of the proposed project to
  The department   shall notify  employees
who are likely to be affected by the project and to each house of
the Legislature, at least 180 days in advance of the date any project
proposed under this section is to take effect.
   (c)  Publish   After the department reviews
the proposal, it shall transmit it to the board. The board shall
publish notice of the project  in the California Regulatory
Notice Register  ,   with  notice of the
board meeting or other public hearing at which the proposed adoption
of the demonstration project will be considered and acted upon
 ,   .   The notice shall be published
 at least 30 days prior to the meeting or hearing.
   (d)  Provide   The board shall provide an
 opportunity for written comment to the board, and oral comment
at board meetings or hearings.
   (e)  Provide   The appointing authority
proposing the project shall provide  to persons who have
submitted comments written notice of substantive changes made to the
project after the  initial hearing   board
meeting  , and provide an additional 15-day period for
submission of comments prior to the final adoption of the
demonstration project by the board.
   (f)  Submit any  Any  regulations
implementing the demonstration project  shall be submitted 
to the Office of Administrative Law for filing with the Secretary of
State and publication in the California Code of Regulations. These
regulations shall be exempt from the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3). However, no regulation implementing a demonstration project shall
be exempt from the act if the project limits competition in
particular examinations or limits entry into particular
classifications on the basis of sex, race, religious creed, color,
national origin, ancestry, marital status, physical disability,
mental disability, or other non-job-related factors.
   (g) Submit the proposed project to public hearings.
   (h) Obtain approval from each agency involved in the final version
of the plan.
   (i) Provide the Legislature with a report at least 90 days in
advance of the date the project is to take effect setting forth the
final version of the plan as so approved.
  SEC. 66.  Section 19603 of the Government Code is amended to read:
   19603.  Each demonstration project shall terminate before the end
of the five-year period beginning on the date on which the project
takes effect, except that the project may continue beyond the date to
the extent necessary to validate the results of the project.
   Subject to the terms of any written agreement or contract between
the  board and an agency   department and an
appointing authority  , a demonstration project involving the
 agency   appointing authority  may be
terminated by the board or the  agency   
 appointing authority  , if either determines that the
project creates a substantial hardship on, or is not in the best
interests of, the public, employees, or state government.
  SEC. 67.  Section 19606 of the Government Code is amended to read:
   19606.  The  board   department  shall
provide for an evaluation of the results of each demonstration
project and its impact on improving public management.
   All agencies shall cooperate with and assist the  board
  department  , to the extent practicable, in any
evaluation and provide the  board   department
 with requested information and reports relating to
demonstration projects in their respective agencies.
  SEC. 68.  Section 19609 of the Government Code is amended to read:
   19609.  (a) For a demonstration project made permanent pursuant to
legislation operative on or after January 1, 2008,  a
department   an appointing authority  participating
in the demonstration project shall file a report on all aspects of
the demonstration project with the State Personnel Board. The report
shall include, but not be limited to, all of the following:
   (1) The number of applicants.
   (2) The number of applicants that were hired.
   (3) The cost of the hiring process.
   (4) The number and nature of examination appeals.
   (5) The length of time to complete the hiring and testing process.

   (b) For a three-year period from the date that the demonstration
project becomes permanent, the  department  
appointing authority  shall file the report described in
subdivision (a) on an annual basis. After the expiration of the
three-year period, the department   appointing
authority  shall file a report if a report is requested by the
State Personnel Board.
   (c) When the  State Personnel Board   board
 receives a report described in this section, the  State
Personnel Board   board  may hold a public hearing
to provide for the exchange of information and an opportunity for
public comment about the demonstration project that is the subject of
the report.
  SEC. 69.  Section 19701 of the Government Code is amended to read:
   19701.  A person shall not be discriminated against under this
part because of total or partial blindness unless normal eyesight is
absolutely indispensable to do the physical acts to be performed.
   It shall be an unlawful employment practice, unless based upon a
bona fide occupational qualification as determined by a validation
study conducted by the  State Personnel Board  
Department of Human Resources  , for the state to refuse to
hire, employ, promote, or select for a training program leading to
employment, or to discriminate in compensation or in terms or
privileges of employment because of color vision anomaly or defect,
commonly known as color blindness or color weakness, in the vision of
any person.
  SEC. 70.  Section 19702.5 of the Government Code is amended to
read:
   19702.5.  (a) The  board   Department of
Human Resources  shall provide to the Fair Employment and
Housing Commission a copy of each affirmative action plan, and all
subsequent amendments of such plans, adopted by each state agency,
department, office or commission.
   (b) The  board   department  shall
annually, commencing January 1, 1975, submit to the Fair Employment
and Housing Commission a statistical survey of the employment of each
state agency, department, office or commission. The survey shall
include, but not be limited to: sex, age, ethnic origin, current
employment classification, salary, full-time or other employment
status, department and administrative unit, and county of employment
of employees. 
   (c) The board shall provide annual reports to the Legislature
concerning the number and types of formal discrimination complaints
and appeals against each appointing authority, including the length
of time required for resolution, and the complaint and appeal
outcome. At least once every three years the board shall conduct
hearings to assess the effectiveness, accessibility, and fairness of
the state discrimination complaint process. The outcome of these
hearings shall be reported to the Legislature within 90 days of the
hearing and shall include action plans for board resolution of
deficiencies and any legislative recommendations.  
   (d) These reports and information shall constitute public records.

  SEC. 71.  Section 19705 of the Government Code is amended to read:
   19705.  Notwithstanding Section 19704, the  State
Personnel Board   Department of Human Resources 
may, after public hearing, adopt a system in which applicants for
employment in the state civil service shall be asked to provide,
voluntarily, ethnic data about themselves where such data is
determined by the  board   department  to
be necessary to an assessment of the ethnic and sex fairness of the
selection process and to the planning and monitoring of affirmative
action efforts. The  board  department 
shall provide by rule for safeguards to insure that such data shall
not be used in a discriminatory manner in the selection process.
Ethnic data may be compiled for women and minorities. Ethnic data
information gathered pursuant to this section on an individual
applicant shall not be available to any interviewer or any officer or
employee empowered to make or influence the civil service
appointment of such individual. The  board  
department  shall report annually to the Governor and the
Legislature on the results of the selection process as determined by
data gathered under this section.
  SEC. 72.  Section 19790 of the Government Code is amended to read:
   19790.  Each state agency is responsible for  establishing
 an effective equal employment opportunity program. The
 State Personnel Board   department  shall
be responsible for  taking all steps necessary to provide
 statewide advocacy, coordination, enforcement, and
monitoring of these programs.
  SEC. 73.  Section 19792 of the Government Code is amended to read:
   19792.  The  State Personnel Board  
department  shall do all of the following:
   (a) Provide statewide leadership, designed to achieve equal
employment opportunity in the state civil service.
   (b) Develop, implement, and maintain equal employment opportunity
guidelines.
   (c) Provide technical assistance to state agencies in the
development and implementation of their equal employment opportunity
programs.
   (d) Review and evaluate departmental equal employment opportunity
programs to ensure that they comply with state and federal statutes
and regulations.
   (e) Establish programs to ensure equal employment opportunity for
all state job applicants and employees through broad, inclusive
recruitment efforts and other measures as allowed by law.
   (f) Provide statewide training to departmental equal employment
opportunity officers who will conduct training on equal employment
opportunity.
   (g) Review, examine the validity of, and update qualifications
standards, selection devices, including oral appraisal panels and
career advancement programs.
   (h) Maintain a statistical information system designed to yield
the data and the analysis necessary for the evaluation of equal
employment opportunity within the state civil service. The
statistical information shall include specific data to determine the
underutilization of groups based on race, ethnicity, gender, and
disability. The statistical information shall be made available
during normal working hours to all interested persons. Data generated
on a regular basis shall include, but not be limited to, all of the
following:
   (1) Current state civil service workforce composition by race,
ethnicity, gender, age, department, salary level, occupation, and
attrition rates by occupation.
   (2) Current local and regional workforce and population data for
groups based on race, ethnicity, gender, and age.
   (i)  The data analysis referred to in subdivision (h) above shall
include, but not be limited to, all of the following:
   (1) Data relating to the utilization of groups based on race,
ethnicity, and gender compared to their availability in the relevant
labor force.
   (2) Turnover data by department and occupation.
   (3) Data relating to salary administration, including average
salaries for groups based on race, ethnicity, gender, and disability
and comparisons of salaries within state service and comparable state
employment.
   (4) Data on employee age, and salary level compared among groups
based on race, ethnicity, gender, and disability.
   (5) Data on the number of individuals of each race, ethnicity,
gender, and disability who are recruited for, participate in, and
pass state civil service examinations. This data shall be analyzed
pursuant to the provisions of Sections 19704 and 19705.
   (6) Data on the job classifications, geographic locations,
separations, salaries, and other conditions of employment that
provide additional information about the composition of the state
civil service workforce.
  SEC. 74.  Section 19792.5 of the Government Code is amended to
read:
   19792.5.  (a) In order to permit the public to track upward
mobility and the impact of equal opportunities on persons,
categorized by race, ethnicity, gender, and disability in state civil
service, the  State Personnel Board  
department  shall annually track, by incremental levels of ten
thousand dollars ($10,000), the salaries of persons, categorized by
race, ethnicity, gender, and disability, in state civil service. For
purposes of this subdivision, "upward mobility" means the advancement
of persons, categorized by race, ethnicity, gender, and disability,
to better paying and higher level positions.
   (b) The  board   department  shall
report salary data collected pursuant to subdivision (a) to the
Governor and the Legislature in its Annual Census of State Employees
and Equal Employment Opportunity Report, as required in Section
19793, and shall include in this report information regarding the
progress of individuals by race, ethnicity, gender, and disability in
attaining high-level positions in state employment. The salary data
shall be reported in annual increments of ten thousand dollars
($10,000) by job category, race, ethnicity, gender, and disability in
a format easily understandable by the public.
  SEC. 75.  Section 19794 of the Government Code is amended to read:
   19794.  In cooperation with the  State Personnel Board
  department  , the appointing power of each state
agency shall have the major responsibility for monitoring the
effectiveness of the equal employment opportunity programs of the
state agency. To that end, the appointing power shall do all of the
following:
   (a) Issue a policy statement committing to equal employment
opportunity.
   (b) Issue procedures for filing, processing, and resolving
discrimination complaints within the state agency, consistent with
state laws and rules, and for filing appeals from agency decisions on
these complaints.
   (c) Issue procedures for providing equal upward mobility and
promotional opportunities to state employees.
   (d) Cooperate with the  board   department
 by providing access, in accordance with subdivisions (o) and
(p) of Section 1798.24 of the Civil Code, to all files, documents,
and data necessary for the  board   department
 to carry out its mandates under this chapter.
  SEC. 76.  Section 19795 of the Government Code is amended to read:
   19795.  (a) The appointing power of each state agency and the
director of each state department shall appoint, at the managerial
level, an equal employment opportunity officer, who shall report
directly to, and be under the supervision of, the director of the
department, to develop, implement, coordinate, and monitor the agency'
s equal employment opportunity program. In a state agency with less
than 500 employees, the equal employment opportunity officer may be
the personnel officer. The agency equal employment opportunity
officer shall, among other duties, analyze and report on appointments
of employees, bring issues of concern regarding equal employment
opportunity to the appointing power and recommend appropriate action,
submit an evaluation of the effectiveness of the total equal
employment opportunity program to the  State Personnel Board
  department  annually by July 1  ,
monitor the composition of oral panels in departmental examinations,
and perform other duties necessary for the effective implementation
of the agency equal employment opportunity plans.
   (b)  (1) Each state agency shall establish a separate committee of
employees who are individuals with a disability, or who have an
interest in disability issues, to advise the head of the agency on
issues of concern to employees with disabilities, and matters
relating to the formulation and implementation of the plan to
overcome and correct any underrepresentation determined pursuant to
Section 19234.
   (2) Departments shall invite all employees to serve on the
committee and shall take appropriate steps to ensure the final
committee is comprised of members who have disabilities or who have
an interest in disability issues. Each department shall ensure that
at least two-thirds of the members of the committee are individuals
with disabilities or retain documentation that demonstrates that the
number of employees invited to participate, and willing and able to
serve, was insufficient to meet this requirement.
  SEC. 77.  Section 19798.5 of the Government Code is amended to
read:
   19798.5.  State departments, agencies, and the  State
Personnel Board   department  shall continue to
carry out their respective duties required by Sections 19230 to
19237, inclusive, with respect to establishing, monitoring, and
reporting on an affirmative action plan, including goals and
timetables, for ensuring individuals with disabilities access to
state employment. These activities shall be coordinated with and
integrated into the planning, reporting, and monitoring activities
required by this chapter.
  SEC. 78.  Section 19815.2 of the Government Code, as added by GRP 1
of the 2011-12 Regular Session, is repealed. 
   19815.2.  (a) The Department of Human Resources (CalHR) is hereby
created following reorganization of state department, agencies, and
boards in an effort to better serve the human resources and personnel
needs of the state.
   (b) Subject to Article VII of the California Constitution, the
Department of Human Resources succeeds to and is vested with the
duties, purposes, responsibilities, and jurisdiction exercised by the
State Personnel Board as its designee with respect to the State
Personnel Board's administrative and ministerial functions. 

  SEC. 79.  Section 19816.4 of the Government Code is amended to
read:
   19816.4.  The department shall have possession and control of all
records, papers, offices, equipment, supplies, moneys, funds,
appropriations, land, and other property real or personal held for
the benefit or use by the State Personnel Board  , the
California Victim Compensation and Government Claims Board, the
Department of General Services, and the Department of Finance
  and the department  in the performance of the
duties, powers, purposes, responsibilities, and jurisdiction that are
vested in the department  by Section 19816  .
       SEC. 80.  Section 19816.6 of the Government Code is amended to
read:
   19816.6.  All officers and employees of the State Personnel Board
 , the California Victim Compensation and Government Claims
Board, the Department of General Services, and the Department of
Finance   and the department  , who, on the
operative date of this part, are serving in the state civil service,
other than as temporary employees, and engaged in the performance of
a function vested in the department by Section 19816 shall be
transferred to the department. The status, positions, and rights of
these persons shall not be affected by the transfer and shall be
retained by them as officers and employees of the department pursuant
to the State Civil Service Act, except as to positions exempt from
civil service.
  SEC. 81.  Section 19816.22 of the Government Code is repealed.

   19816.22.  (a) It is the intent of the Legislature in providing
funds for the Human Resources Modernization Project, within the
Department of Personnel Administration's budget, to provide every
state agency with the tools necessary to recruit and retain its
personnel. The Human Resources Modernization Project integrates the
competencies, skills, and abilities of each employee across all human
resource programs. State agencies will use the services developed by
the Human Resources Modernization Project to recruit, assess,
select, and develop their personnel, as well as to plan for the
future, with performance management and succession applications.
   (b) Authority is hereby granted, to the extent otherwise permitted
by law, to the Department of Personnel Administration to assess
special funds, bond funds, and nongovernmental cost funds in
sufficient amounts to support the cost of the Human Resources
Modernization Project described in subdivision (a). The Director of
Finance shall determine the amount of the total assessment for each
fund periodically. Upon order of the Director of the Department of
Finance, the moneys authorized pursuant to this act shall be
transferred by the Controller, as needed, from each fund for a total
amount not to exceed the amounts authorized in the annual Budget Act.