BILL ANALYSIS Ó AB 1062 Page 1 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 Page 2 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 AB 1062 Page 3 "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