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