Amended in Assembly May 2, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 757


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 amended, Roger Hernández. Department of Parks and Recreation: regulations.

Existing lawbegin delete providesend deletebegin insert requiresend insert 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 tobegin delete adopt regulations by July 31, 2014, that would address specified issuesend deletebegin insert implement the recommendationsend insert regardingbegin delete the approval and tracking ofend deletebegin insert compensation forend insert 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:

P1    1

SECTION 1.  

Section 11016.7 is added to the Government
2Code
, to read:

3

11016.7.  

(a) begin delete(1)end deletebegin deleteend deleteThe Department of Parks and Recreation
4shall, by July 1, 2014,begin delete adopt regulations implementing,end deletebegin insert implement,end insert
P2    1 to the extent practicable, policy recommendations begin delete in subdivision
2(b) as emergency regulations in accordance with the Administrative
3Procedure Act (Chapter 3.5 (commencing with Section 11340) of
4Part 1 of Division 3 of Title 2 of the Government Code). For the
5purposes of the Administrative Procedure Act, the adoption of the
6regulations shall be deemed an emergency and necessary for the
7immediate preservation of the public peace, health and safety, or
8general welfare. Notwithstanding Chapter 3.5 (commencing with
9Section 11340) of Part 1 of Division 3 of Title 2 of the Government
10Code, these emergency regulations shall not be subject to the
11review and approval of the Office of Administrative Law.end delete

begin delete

12(2) Notwithstanding subdivision (h) of Section 11346.1 and
13Section 11349.6 of the Government Code, the department shall
14transmit these regulations directly to the Secretary of State for
15filing. The regulations shall become effective immediately upon
16filing by the Secretary of State.

end delete
begin delete

17(3) Except as otherwise provided for by Section 10554, the
18Office of Administrative Law shall provide for the printing and
19publication of these regulations in the California Code of
20Regulations.

end delete

21begin delete(b)end deletebegin deleteend deletebegin deleteTheend deletebegin insert contained in the State Controller’s Payroll Review
22Report of the Department of Parks and Recreation dated December
2318, 2012. Theend insert
Controller listed the following policy suggestions
24regarding compensation for employees working in out-of-class
25assignments in itsbegin delete audit of the Department of Parks and Recreation
26dated December 18, 2012:end delete
begin insert report:end insert

27(1) All of the out-of-class assignments should be forwarded to
28the Classification and Pay Unit of the department for approval.
29The Transactions Unit of the department should ensure that all of
30the proper approvals are obtained before entering assignments into
31the payroll system. Approvals should occur before the assignment
32start date.

33(2) The Classification and Pay Unit of the department should
34review bargaining unit contracts before approval of the out-of-class
35assignment to ensure that compensation is not paid beyond the end
36of an assignment period or that compensation does not exceed 120
37days within 12 consecutive months or 365 days, or both, depending
38on the employee’s classification.

39(3) The justification documentation or approval sheet, or both,
40should include language stating that approval for managers to
P3    1receive out-of-class assignments occurs only after the manager
2already has worked out of class for 90 days.

3(4) The Transactions Unit of the department should provide
4training to staff to ensure that they are aware that out-of-class pay
5should be adjusted for employees on nonindustrial disability
6insurance.

7(5) The Transactions Unit managers or supervisors of the
8department should provide tools and training to staff to ensure that
9payment calculations are calculated correctly. The calculation
10should be adequately documented using a state form STD 671 and
11a legible calculation sheet.

12(6) The department’s Internal Audit Unit should conduct regular
13reviews of out-of-class assignments to determine whether the
14assignments are in accordance with state law, bargaining unit
15agreements, and department policies.

16(7) The Department of Parks and Recreation should seek
17 reimbursement from employees who received out-of-class
18payments to which they were not lawfully entitled.

begin delete

17 19(c)

end delete

20begin insert(b)end insert (1) The Department of Parks and Recreation shall report
21onbegin delete the regulations adoptedend deletebegin insert its implementation of the Controller’s
22recommendationsend insert
pursuant to this section to the Legislature on or
23before July 31, 2014.

24(2) The report shall be submitted in compliance with Section
259795.

begin delete

22 26(d)

end delete

27begin insert(c)end insert This section shall remain in effect only until December 31,
282014, and as of that date is repealed, unless a later enacted statute,
29that is enacted before December 31, 2014, deletes or extends that
30date.



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