BILL ANALYSIS                                                                                                                                                                                                    Ó






          SENATE PUBLIC EMPLOYMENT & RETIREMENT    BILL NO:  SB 619
          Jim Beall, Chair            HEARING DATE:  April 22, 2013
          SB 619 (Yee)    as amended   4/15/13         FISCAL:  YES

           STATE EMPLOYEE CIVICS ORIENTATION
           
           HISTORY  :

            Sponsor:  Author

            Other legislation:  GRP 1, (2011)


           SENATE VOTES :

            Senate Education         9-0  4/03/13
           
          SUMMARY  :

          SB 619 requires the State Department of Education (SDE) to  
          develop and make available online a state employee civics  
          orientation on federal and state government by January 1,  
          2015, and requires state employers to certify to CalHR that  
          employees hired, promoted, or reclassified after July 1,  
          2015, have completed the orientation.

          In order for the orientation to be developed, funds would  
          have to be provided by the state and private matching funds.

           BACKGROUND AND ANALYSIS  :
          
          1)   Existing law  :
           
             a)  establishes the California Department of Human  
              Resources (CalHR), created on July 1, 2012, by  
              consolidating the State's two personnel departments:  the  
              Department of Personnel Administration (DPA) and the  
              administrative programs of the State Personnel Board  
              (SPB).

            b)  vests CalHR with responsibility for all issues related  
              to state employee salaries, benefits, job  
              classifications, training and recruiting, collective  
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          Date:  4/11/13                                          Page  
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              bargaining, and other issues related to state employment.

            c)  requires CalHR to devise plans for, and cooperate with,  
              appointing powers and other supervising officials in the  
              conduct of state employee training programs, and requires  
              that if provisions of this law are in conflict with the  
              provisions of a memorandum of understanding between the  
              employee representatives and the state employer, the  
              memorandum of understanding shall be controlling without  
              further legislative action.

            d)  creates the State Department of Education (SDE), which  
              is led by the Superintendent of Public Instruction, an  
              elected official, and makes the SDE responsible for  
              administering K-12 public education programs, including  
              allocating funds to local education agencies (LEAs),  
              curriculum and management leadership, assessment and  
              program review, school improvement intervention, and the  
              development of policies and practices to close the  
              State's student achievement gap; reporting to the federal  
              government; and providing technical assistance to LEAs.

          2)   This bill  :

            a)  requires SDE, on or before January 1, 2015, to develop  
              and make available online a state employee civics  
              orientation on federal and state government with the  
              following requirements:  
               
            i)     The orientation must facilitate a basic  
                 understanding of the responsibilities and operation of  
                 the three branches of federal government and the  
                 importance of civic engagement.  

             ii)    The orientation must include practical examples.  

             iii)   The orientation must be updated as necessary.  
                 
             a)  requires state departments and agencies, using existing  
              processes and resources, to annually certify to CalHR  
              that employees hired, promoted, or reclassified after  
              July 1, 2015, have completed employee training based on  
              the civics orientation developed by SDE.  
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             b)  requires that any moneys or portion of moneys  
              appropriated to SDE by the Legislature for the  
              development of the civics orientation shall not be  
              encumbered unless the total amount encumbered is matched  
              by private funds, and requires that any moneys not  
              matched shall revert to the General Fund.

            c)  specifies that the training shall only be developed by  
              SDE if the moneys necessary to fund the development are  
              encumbered, as specified, and employers shall only be  
              required to provide the training and do the reporting if  
              the training is developed by SDE.

           COMMENTS  :

          1)   Argument in Support  :

          According to the author:

               Even with 22.2 million people working for government  
               throughout the country only a third of Americans are  
               able to name the three branches of government, and  
               recently the Civic Learning and Democratic Engagement  
               National Task Force reported the United States ranked  
               139th out of 172 democracies in voter participation and  
               that only 10% of citizens contacted a public official in  
               2008-09.

               Our government employees are in many ways the backbone  
               of our state, and there is no better group of  
               individuals to understand and defend the rights and  
               obligations afforded by our constitutions.

          According to the ACLU: 

               Since our country's founding, American leaders have  
               recognized that one of the most important purposes of  
               educating the nation's residents and citizens is to  
               protect and strengthen democracy.  Our founders believed  
               that informed residents and citizens were a safeguard  
               against tyranny and dictatorship and vital to a  
               functioning democracy.
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          The California Chamber of Commerce notes the importance of  
          educating the nation's residents to protect and strengthen  
          democracy, and states that "a strong democracy is critical  
          for free market economics and entrepreneurship that provides  
          the personal and economic strength for this country."

          2)   SUPPORT  :

            American Civil Liberties Union (ACLU)
            American Federation of State, County and Municipal  
            Employees, AFL-CIO (AFSCME)
            California Chamber of Commerce
            California Council for the Social Studies
            California Immigrant Policy Center (CIPC)
            California Labor Federation (CLF)
            Los Angeles County Federation of Labor
            Service Employees International Union, Local 1000 (SEIU)

          3)   OPPOSITION  :

            None to date




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          Pamela Schneider
          Date:  4/11/13                                          Page  
          4