BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1062
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          Date of Hearing:  April 30, 2013

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                Bob Wieckowski, Chair
                 AB 1062 (Jones-Sawyer) - As Amended:  April 15, 2013

                                  PROPOSED CONSENT
           
          SUBJECT  :  HUMAN RESOURCES DEPARTMENT: TECHNICAL CLARIFICATIONS

           KEY ISSUE  :  SHOULD VARIOUS NON-CONTROVERSIAL TECHNICAL  
          CLARIFICATIONS BE MADE TO THE AUTHORITY OF THE DEPARTMENT OF  
          HUMAN RESOURCES (CALHR) RESULTING FROM THE MERGER OF THE STATE  
          PERSONNEL BOARD (SPB) AND THE DEPARTMENT OF PERSONNEL  
          ADMINISTRATION (DPA) INITIATED IN THE GOVERNOR'S REORGANIZATION  
          PLAN OF 2011? 
           
          FISCAL EFFECT  :  As currently in print this bill is keyed fiscal.

                                      SYNOPSIS

          This non-controversial measure unanimously passed the Assembly  
          Public Employees, Retirement and Social Security Committee on  
          April 10, 2013.  That Committee, who has primary jurisdiction of  
          this subject-matter, did a thorough review of the bill's  
          provisions and concluded it merely enacts various  
          non-controversial technical clarifications to the authority of  
          the Department Of Human Resources (CalHR) resulting from the  
          merger of the State Personnel Board (SPB) and the Department Of  
          Personnel Administration (DPA) initiated in the Governor's  
          Reorganization Plan of 2011.  

           SUMMARY  :  Makes further technical clarifications to the  
          authority of the Department of Human Resources (CalHR) resulting  
          from the merger of the State Personnel Board (SPB) and the  
          Department of Personnel Administration (DPA) initiated in the  
          Governor's Reorganization Plan of 2011 (GRP 1) and updates civil  
          service statutes to reflect modern processes and promote greater  
          efficiency.  Specifically,  this bill  , among other things:  

          1)Clarifies and streamlines provisions requiring state agencies  
            to conduct a language survey every two years to determine the  
            number of employees needed to provide services to non-English  
            speaking people.  Transfers the management of this program  
            from SPB to CalHR.








                                                                  AB 1062
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          2)Enables CalHR to follow the same regulation adoption process  
            as used by SPB to implement the CalHR statutes including those  
            formerly administered by SPB. 

          3)Deletes and clarifies references to "board" where functions  
            have moved from SPB to CalHR, changes references of DPA to  
            CalHR, and clarifies responsibilities between SPB and CalHR in  
            numerous sections.

          4)Clarifies provisions governing SPB's ability to audit  
            departments for civil service compliance and to order  
            remedies, as specified.

          5)Clarifies application filing requirements to reflect that  
            electronic filing of examination applications is allowed.
           
           EXISTING LAW  : 

          1)Empowers the Governor to reorganize state organizations to  
            achieve greater efficiency with the limitation that the  
            reorganization may not transfer jurisdiction or any function  
            conferred by the California Constitution on an agency created  
            by the Constitution.

          2)Under GRP 1, creates CalHR to consolidate all functions of the  
            former DPA with the non-constitutional functions of the SPB  
            effective July 1, 2012.

          3)Specifies, per the California Constitution, the SPB, "Shall  
            enforce the civil service statutes and, by majority vote of  
            all its members, shall prescribe probationary period and  
            classifications, adopt other rules authorized by statute, and  
            review disciplinary actions."  SPB is empowered to appoint an  
            Executive Director who shall administer the civil service  
            statutes and rules of the board.  All other personnel  
            functions are left to CalHR.

           COMMENTS  :  GRP 1 and companion measures, SB 1308 (PE&R  
          Committee), Chapter 665, Statutes of 2012 and SB 1309 (Negrete  
          McLeod), Chapter 360, Statutes of 2012, streamlined personnel  
          management duties between the new CalHR and the SPB.  However  
          some of the statutes describing civil service issues were,  
          according to the sponsor, inadvertently missed in the 2012  
          clean-up legislation and this bill takes care of that  








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          "clean-up."  This bill makes technical amendments to the Civil  
          Service Act and one related Penal Code provision (regarding  
          psychological screening of peace officers) to clarify the  
          operating authority of CalHR as authorized by GRP 1 in order to  
          support the reorganization.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Department of Human Resources (sponsor)

           Opposition 
           
          None on file
           
          Analysis Prepared by  :   Drew Liebert / JUD. / (916) 319-2334