BILL NUMBER: AB 757	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 21, 2013

   An act to add and repeal Section 11016.7 of the Government Code,
relating to state government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 757, as introduced, Roger Hernández. Department of Parks and
Recreation: regulations.
   Existing law provides that state agencies, as defined, comply with
statutes and regulations governing various aspects of their
operation, including the adoption of policies and regulations,
hiring, transactions, and compensation.
   This bill would require the Department of Parks and Recreation to
adopt regulations by July 31, 2014, that would address specified
issues regarding the approval and tracking of employees working in
out-of-class assignments as identified in an audit by the Controller,
and report to the Legislature.
   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 11016.7 is added to the Government Code, to
read:
   11016.7.  (a) (1) The Department of Parks and Recreation shall, by
July 1, 2014, adopt regulations implementing, to the extent
practicable, policy recommendations in subdivision (b) as emergency
regulations in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). For the purposes of the
Administrative Procedure Act, the adoption of the regulations shall
be deemed an emergency and necessary for the immediate preservation
of the public peace, health and safety, or general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, these emergency
regulations shall not be subject to the review and approval of the
Office of Administrative Law.
   (2) Notwithstanding subdivision (h) of Section 11346.1 and Section
11349.6 of the Government Code, the department shall transmit these
regulations directly to the Secretary of State for filing. The
regulations shall become effective immediately upon filing by the
Secretary of State.
   (3) Except as otherwise provided for by Section 10554, the Office
of Administrative Law shall provide for the printing and publication
of these regulations in the California Code of Regulations.
   (b) The Controller listed the following policy suggestions
regarding compensation for employees working in out-of-class
assignments in its audit of the Department of Parks and Recreation
dated December 18, 2012:
   (1) All of the out-of-class assignments should be forwarded to the
Classification and Pay Unit of the department for approval. The
Transactions Unit of the department should ensure that all of the
proper approvals are obtained before entering assignments into the
payroll system. Approvals should occur before the assignment start
date.
   (2) The Classification and Pay Unit of the department should
review bargaining unit contracts before approval of the out-of-class
assignment to ensure that compensation is not paid beyond the end of
an assignment period or that compensation does not exceed 120 days
within 12 consecutive months or 365 days, or both, depending on the
employee's classification.
   (3) The justification documentation or approval sheet, or both,
should include language stating that approval for managers to receive
out-of-class assignments occurs only after the manager already has
worked out of class for 90 days.
   (4) The Transactions Unit of the department should provide
training to staff to ensure that they are aware that out-of-class pay
should be adjusted for employees on nonindustrial disability
insurance.
   (5) The Transactions Unit managers or supervisors of the
department should provide tools and training to staff to ensure that
payment calculations are calculated correctly. The calculation should
be adequately documented using a state form STD 671 and a legible
calculation sheet.
   (6) The department's Internal Audit Unit should conduct regular
reviews of out-of-class assignments to determine whether the
assignments are in accordance with state law, bargaining unit
agreements, and department policies.
   (7) The Department of Parks and Recreation should seek
reimbursement from employees who received out-of-class payments to
which they were not lawfully entitled.
   (c) (1) The Department of Parks and Recreation shall report on the
regulations adopted pursuant to this section to the Legislature on
or before July 31, 2014.
   (2) The report shall be submitted in compliance with Section 9795.

   (d) This section shall remain in effect only until December 31,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before December 31, 2014, deletes or extends
that date.