BILL NUMBER: SB 1309	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 13, 2012

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 18521.5to, 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,  and to repeal and add Section 19702 of,  the
Government Code, relating to human resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1309, as amended, 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 
 established  the Department of Personnel Administration for
purposes of managing the nonmerit aspects of the state's personnel
system. 
   Governor's 
    T   he Governor's  Reorganization Plan No. 1
 of 2011  , operative July 1, 2012,  creates
  created  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   abolished 
the Department of Personnel Administration, and  transfers
  transferred  the functions and duties performed
by the Department of Personnel Administration to the Department of
Human Resources. The plan  eliminates  
eliminated  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.

   The bill would also prohibit a person from being discriminated
against in the terms, conditions, and privileges of his or her
employment with the state based on his or her medical condition,
mental disability, or physical disability, as defined, and would
require the board, upon a finding that discrimination has occurred,
to order the appointing authority to cause the discrimination to
cease and desist, as specified. 
   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 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 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 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 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 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 in the form and at the time required by the Department of
Human Resources, and delivered to the 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 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
Department of Human Resources no later than October 1 of each
applicable year. The department shall review each plan, and, if it
determines that the plan fails to address the identified
deficiencies, 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 Department of Human Resources every six months on
its progress in addressing the identified deficiencies.
   (g) If the Department of Human Resources determines that a state
agency has not made reasonable progress toward complying with this
chapter, the 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 Department of Human Resources may exempt state
agencies from the requirements of Section 7299.4, where 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 petition
the Department of Human Resources for the exemption and receive
approval in writing by the date established by the department. An
agency may receive an exemption for up to five years, if it
demonstrates that it meets the requirements of subdivision (a) or
(b), and provides all required documentation to the Department of
Human Resources.
  SEC. 5.  Section 7299.6 of the Government Code is amended to read:
   7299.6.  The 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 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 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.   SEC. 6.   Section 11435.40 of
the Government Code is amended to read:
   11435.40.  (a) The 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 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 department deems relevant.
   SEC. 8.   SEC. 7.   Section 11435.45 of
the Government Code is amended to read:
   11435.45.  (a) The 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 department shall
charge and be reimbursed a pro rata share of the additional costs by
the state agencies that conduct administrative hearings.
   SEC. 9.   SEC. 8.   Section 11435.50 of
the Government Code is amended to read:
   11435.50.  The 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 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.   SEC. 9.   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.   SEC. 10.   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.   SEC. 11.   Section 18521.5 is
added to the Government Code, to read:
   18521.5.  "Department" means the Department of Human Resources.
   SEC. 13.   SEC. 12.   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.
   (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.   SEC. 13.   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 civil service.
   SEC. 15.   SEC. 14.   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.   SEC. 15.   Section 18573 of
the Government Code is amended to read:
   18573.  Each appointing power shall 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.   SEC. 16.  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.   SEC. 17.   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.   SEC. 18.   Section 18720 of
the Government Code is amended to read:
   18720.  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
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.   SEC. 19.   Section 18720.1 of
the Government Code is amended to read:
   18720.1.  The 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 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 department, or an
appointing power designated by the 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 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.  SEC. 20.   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 department or by
the Department of Fair Employment and Housing.
   SEC. 22.   SEC. 21.   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 department or the Department of Fair Employment and
Housing pursuant to this article.
   SEC. 23.   SEC. 22.   Section 18901 of
the Government Code is amended to read:
   18901.  (a) The 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 department. When the prior list has expired by reason of
limitation of time, or the names have been removed therefrom by order
of the department, then certification shall be made solely from the
latter list.
   (c) The 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 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.   SEC. 23.   Section 18901.5 of
the Government Code is amended to read:
   18901.5.  Notwithstanding subdivision (a) of Section 18901, the
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.   SEC. 24.   Section 18902 of
the Government Code is amended to read:
   18902.  The 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 department the best interests
of the state are served thereby.
   SEC. 26.   SEC. 25.   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 reemployment lists for the class unless the
period is extended by action of the department.
   SEC. 27.   SEC. 26.   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 department
deems are appropriate, may be employed.
   SEC. 28.   SEC. 27.   Section 18930.5 of
the Government Code is amended to read:
   18930.5.  The 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 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
department or a designated appointing power shall announce or
advertise examinations for the establishment of eligible lists. The
announcement shall 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.   SEC. 28.   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 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 department and are confidential
records open to inspection only if and as provided by 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.   SEC. 29.   Section 18935 of
the Government Code is amended to read:
   18935.  The 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 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 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.   SEC. 30.   Section 18938 of
the Government Code is amended to read:
   18938.  The 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 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.   SEC. 31.   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 department or a designated appointing power shall,
upon the written request of the competitor, specify the reasons why
such person was unsuccessful.
   SEC. 34.   SEC. 32.   Section 18938.6 of
the Government Code is amended to read:
   18938.6.  The department shall provide for the inspection of
examination papers for all written test competitors.
   SEC. 35.   SEC. 33.   Section 18939 of
the Government Code is amended to read:
   18939.  For classes of positions for which the 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.   SEC. 34.   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, 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.   SEC. 35.   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, 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.   SEC. 36.   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.
   (b) In cases where promotional examinations are given by more than
one appointing authority for the same classification, the employee
shall select one 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 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.   SEC. 37.   Section 19050.4 of
the Government Code is amended to read:
   19050.4.  A transfer may be accomplished without examination
pursuant to board rule. The 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.   SEC. 38.   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 pursuant
to board rule.
   SEC. 41.   SEC. 39.   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 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 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.   SEC. 40.  Section 19055 of
the Government Code is amended to read:
   19055.  The department may, 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.   SEC. 41.   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  Department of the  California Highway Patrol for
its peace officer classes.
   The 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.   SEC. 42.   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 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 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.   SEC. 43.   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 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.   SEC. 44.   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 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 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 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.   SEC. 45.   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 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.   SEC. 46.   Section 19063.4 of
the Government Code is amended to read:
   19063.4.  If no public assistance recipient applies for  a
  an  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 department.
   SEC. 49.   SEC. 47.   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 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
department to increase their efforts to recruit disadvantaged youth
or students for these jobs.
   SEC. 50.   SEC. 48.  Section 19172 of
the Government Code is amended to read:
   19172.  During the probationary period the appointing power shall
evaluate the work and efficiency of a probationer in the manner and
at such periods as the department rules may require.
   SEC. 51.   SEC. 49.   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.   SEC. 50.   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 Department of Human Resources, and shall be
submitted to the 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.   SEC. 51.   Section 19233 of
the Government Code is amended to read:
   19233.  The department shall be responsible for the following:
   (a) Outline specific actions to improve the representation of
individuals with a disability in the state workforce 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 workforce.
   (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 workforce. Goals and timetables shall
be set by at least job category.
   SEC. 54.   SEC. 52.   Section 19236 of
the Government Code is amended to read:
   19236.  The 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.   SEC. 53.   Section 19237 of
the Government Code is amended to read:
   19237.  On or before November 15 of each year, 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.   SEC. 54.   Section 19240 of
the Government Code is amended to read:
   19240.  (a) The 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.
   (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.   SEC. 55.   Section 19241 of
the Government Code is amended to read:
   19241.  The department, consistent with board rules, shall 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.   SEC. 56.   Section 19242 of
the Government Code is amended to read:
                                                    19242.  The
department 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. Examination results may be ranked or unranked.
   SEC. 59.   SEC. 57.   Section 19242.2 of
the Government Code is amended to read:
   19242.2.  The 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
department may prescribe the method for referring names to appointing
powers.
   SEC. 60.   SEC. 58.   Section 19242.8 of
the Government Code is amended to read:
   19242.8.  The 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. 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.   SEC. 59.   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 department, the appointing power may appoint the
candidate, without further examination, to an appropriate position
where civil service status may accumulate.
   SEC. 62.   SEC. 60.   Section 19243.2 of
the Government Code is amended to read:
   19243.2.  With the approval of the department, the appointing
power may shorten or extend the duration of the job examination
period.
   SEC. 63.   SEC. 61.   Section 19600 of
the Government Code is amended to read:
   19600.  The department may, directly or through agreement or
contract with one or more 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.   SEC. 62.   Section 19600.1 of
the Government Code is amended to read:
   19600.1.  "Demonstration project" means a project approved by the
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.   SEC. 63.   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 appointing authority
proposing the project shall describe its proposal to the department,
and specifically address the following factors:
   (1) The purposes of the project.
   (2) The employees affected by the project categorized by
classification, occupational series, or organizational unit.
   (3) The number of employees affected.
   (4) The methodology.
   (5) The duration.
   (6) The training to be provided.
   (7) The anticipated costs.
   (8) The methodology and criteria for 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) 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) 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) The board shall provide an opportunity for written comment to
the board, and oral comment at board meetings or hearings.
   (e) 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 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) 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.   SEC. 64.   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 department and an appointing authority, a demonstration project
involving the appointing authority may be terminated by the board or
the 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.   SEC. 65.   Section 19606 of
the Government Code is amended to read:
   19606.  The 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 department, to
the extent practicable, in any evaluation and provide the department
with requested information and reports relating to demonstration
projects in their respective agencies.
   SEC. 68.   SEC. 66.   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, 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 appointing authority shall file the
report described in subdivision (a) on an annual basis. After the
expiration of the three-year period, the appointing authority shall
file a report if a report is requested by the State Personnel Board.
   (c) When the board receives a report described in this section,
the 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.   SEC. 67.   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 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. 68.    Section 19702 of the  
Government Code   is repealed.  
   19702.  (a) A person shall not be discriminated against under this
part on any basis listed in subdivision (a) of Section 12940, as
those bases are defined in Sections 12926 and 12926.1, except as
otherwise provided in Section 12940. A person shall not be retaliated
against because he or she has opposed any practice made an unlawful
employment practice, or made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding, or
hearing under this part. This subdivision is declaratory of existing
law.
   (b) For purposes of this article, "discrimination" includes
harassment.
   (c) If the board finds that a person has engaged in discrimination
under this part, and it appears that this practice consisted of acts
described in Section 243.4, 261, 262, 286, 288, 288a, or 289 of the
Penal Code, the board, with the consent of the complainant, shall
provide the local district attorney's office with a copy of the board'
s decision and order.
   (d) (1) Except as otherwise provided in paragraph (2), if the
board finds that discrimination has occurred in violation of this
part, the board shall issue and cause to be served on the appointing
authority an order requiring the appointing authority to cause the
discrimination to cease and desist and to take any action, including,
but not limited to, hiring, reinstatement, or upgrading of
employees, with or without backpay, and compensatory damages, which,
in the judgment of the board, will effectuate the purposes of this
part. Consistent with this authority, the board may establish rules
governing the award of compensatory damages. The order shall include
a requirement of reporting the manner of compliance.
   (2) Notwithstanding paragraph (1), this paragraph applies to state
employees in State Bargaining Unit 6 or 8. If the board finds that
discrimination has occurred in violation of this part, the board
shall issue and cause to be served on the appointing authority an
order requiring the appointing authority to cause the discrimination
to cease and desist and to take any action, including, but not
limited to, hiring, reinstatement, or upgrading of employees, with or
without backpay, adding additional seniority, and compensatory
damages, which, in the judgment of the board, will effectuate the
purposes of this part. Consistent with this authority, the board may
establish rules governing the award of compensatory damages. The
order shall include a requirement of reporting the manner of
compliance.
   (e) Any person claiming discrimination within the state civil
service may submit a written complaint that states the particulars of
the alleged discrimination, the name of the appointing authority,
the persons alleged to have committed the unlawful discrimination,
and any other information that the board may require. The complaint
shall be filed with the appointing authority or, in accordance with
board rules, with the board itself.
   (f) (1) Complaints shall be filed within one year of the alleged
unlawful discrimination or the refusal to act in accordance with this
section, except that this period may be extended for not greater
than 90 days following the expiration of that year, if a person
allegedly aggrieved by unlawful discrimination first obtained
knowledge of the facts of the alleged unlawful discrimination after
the expiration of one year from the date of its occurrence.
Complaints of discrimination in adverse actions or rejections on
probation shall be filed in accordance with Sections 19175 and 19575.

   (2) Notwithstanding paragraph (1), this paragraph shall apply only
to state employees in State Bargaining Unit 8. Complaints shall be
filed within one year of the alleged unlawful discrimination or the
refusal to act in accordance with this section, except that this
period may be extended for not greater than 90 days following the
expiration of that year, if a person allegedly aggrieved by unlawful
discrimination first obtained knowledge of the facts of the alleged
unlawful discrimination after the expiration of one year from the
date of its occurrence. Complaints of discrimination in disciplinary
actions defined in Section 19576.5 shall be filed in accordance with
that section. Complaints of discrimination in all other disciplinary
actions shall be filed in accordance with Section 19575. Complaints
of discrimination in rejections on probation shall be filed in
accordance with Section 19175.3.
   (g) If an employee of the appointing authority refuses, or
threatens to refuse, to cooperate in the investigation of a complaint
of discrimination, the appointing authority may seek assistance from
the board. The board may provide for direct investigation or hearing
of the complaint, the use of subpoenas, or any other action that
will effectuate the purposes of this section.
   (h) If a person demonstrates by a preponderance of evidence that
the person's opposition to any practice made an unlawful employment
practice under this part, or the person's charging, testifying,
assisting, or participation in any manner in an investigation,
proceeding, or hearing under this part, was a contributing factor in
any adverse employment action taken against him or her, the burden of
proof shall be on the supervisor, manager, employee, or appointing
power to demonstrate by clear and convincing evidence that the
alleged adverse employment action would have occurred for legitimate,
independent reasons even if the person had not engaged in activities
protected under this part. If the supervisor, manager, employee, or
appointing power fails to meet this burden of proof in any
administrative review, challenge, or adjudication in which
retaliation has been demonstrated to be a contributing factor, the
person shall have a complete affirmative defense to the adverse
employment action.
   (i) As used in this part, "adverse employment action" includes
promising to confer, or conferring, any benefit, effecting, or
threatening to effect, any reprisal, or taking, or directing others
to take, or recommending, processing, or approving, any personnel
action, including, but not limited to, appointment, promotion,
transfer, assignment, performance evaluation, suspension, or other
disciplinary action. 
   SEC. 69.    Section 19702 is added to the  
  Government Code   , to read:  
   19702.  (a) A person shall not be discriminated against in the
terms, conditions, and privileges of his or her employment with the
state under this section based on his or her medical condition,
mental disability, or physical disability as those terms are defined
in subdivisions (i), (j), and (l) of Section 12926. A person shall
not be retaliated against because he or she has opposed any practice
made an unlawful employment practice, or made a charge, testified,
assisted, or participated in any manner in an investigation,
proceeding, or hearing under this section.
   (b) For purposes of this article, "discrimination" includes
harassment.
   (c) (1) Except as otherwise provided in paragraph (2), if the
board finds that discrimination has occurred in violation of
subdivision (a) of this section, the board shall issue and cause to
be served on the appointing authority an order requiring the
appointing authority to cause the discrimination to cease and desist
and to take any action, including, but not limited to, hiring,
reinstatement, or upgrading of employees, with or without backpay,
and compensatory damages, which, in the judgment of the board, will
effectuate the purposes of this section. Consistent with this
authority, the board may establish rules governing the award of
compensatory damages. The order may include a requirement of
reporting the manner of compliance.
   (2) Notwithstanding paragraph (1), this paragraph applies to state
employees in State Bargaining Unit 6 or 8. If the board finds that
discrimination has occurred in violation of subdivision (a) of this
section, the board shall issue and cause to be served on the
appointing authority an order requiring the appointing authority to
cause the discrimination to cease and desist and to take any action,
including, but not limited to, hiring, reinstatement, or upgrading of
employees, with or without backpay, adding additional seniority, and
compensatory damages, which, in the judgment of the board, will
effectuate the purposes of this section. Consistent with this
authority, the board may establish rules governing the award of
compensatory damages. The order may include a requirement of
reporting the manner of compliance.
   (d) Any person claiming discrimination based upon medical
condition, mental disability, or physical disability within the state
civil service may submit a written complaint with the appointing
authority that states the particulars of the alleged discrimination.
The written complaint shall be filed with the appointing authority
within one year of the alleged discrimination or the failure to act.
Any person claiming discrimination based upon medical condition,
mental disability, or physical disability may file a complaint of
discrimination with the board subsequent to lodging a complaint with
the appointing authority. Complaints of discrimination filed with the
board shall satisfy and comply with board rules.
   (e) If an employee of the appointing authority refuses, or
threatens to refuse, to cooperate in the investigation of a complaint
of discrimination under subdivision (a) of this section, the
appointing authority may seek assistance from the board. The board
may provide for direct investigation or hearing of the complaint, the
use of subpoenas, or any other action that will effectuate the
purpose of this section.
   (f) If a person demonstrates by a preponderance of the evidence
that the person's opposition to any practice made an unlawful
employment practice under this section, or the person's charging,
testifying, assisting, or participation in any manner in an
investigation, proceeding, or hearing under this section, was a
contributing factor in any adverse employment action taken against
him or her, the burden of proof shall be on the supervisor, manager,
employee, or appointing power to demonstrate by clear and convincing
evidence that the alleged adverse employment action would have
occurred for legitimate, independent reasons even if the person had
not engaged in activities protected under this section. If the
supervisor, manager, employee, or appointing power fails to meet this
burden of proof in any administrative review, challenge, or
adjudication in which retaliation has been demonstrated to be a
contributing factor, the person shall have a complete affirmative
defense to the adverse employment action.
   (g) As used in this section, "adverse employment action" includes
promising to confer, or conferring, any benefit, effecting, or
threatening to effect, any reprisal, or taking, or directing others
to take, or recommending, processing, or approving, any personnel
action, including, but not limited to, appointment, promotion,
transfer, assignment, performance evaluation, suspension, or other
disciplinary action. 
  SEC. 70.  Section 19702.5 of the Government Code is amended to
read:
   19702.5.  (a) The 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 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.
  SEC. 71.  Section 19705 of the Government Code is amended to read:
   19705.  Notwithstanding Section 19704, the 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 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 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 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 an effective equal
employment opportunity program. The department shall be responsible
for statewide advocacy, coordination, enforcement, and monitoring of
these programs.
  SEC. 73.  Section 19792 of the Government Code is amended to read:
   19792.  The 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 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 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 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 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
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 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 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.
  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 and the department in
the performance of the duties, powers, purposes, responsibilities,
and jurisdiction that are vested in the department.
  SEC. 80.  Section 19816.6 of the Government Code is amended to
read:
   19816.6.  All officers and employees of the State Personnel Board
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.