BILL NUMBER: AB 755	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 23, 2009
	AMENDED IN SENATE  JULY 14, 2009
	AMENDED IN SENATE  JULY 6, 2009
	AMENDED IN SENATE  JUNE 29, 2009

INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 26, 2009

   An act to amend Section 19050.8 of the Government Code, relating
to civil service appointments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 755, as amended, Brownley. Civil service appointments.
   Existing law authorizes the State Personnel Board to prescribe
rules governing the temporary assignment or loan of employees within
an agency or between agencies or between jurisdictions for specified
time limits, for the purpose of providing training to employees,
enabling an agency to obtain expertise needed to meet a compelling
program or management need, or facilitating the return of injured
employees to work.
   This bill would provide that a temporary assignment or loan shall
not exceed 4 years, as specified.
    Existing law also requires a temporary assignment or loan between
educational agencies or jurisdictions to be extended for up to 2
additional years upon a finding that the extension is necessary to
substantially complete work on an educational improvement project.
    This bill would delete that provision and would instead prohibit
a temporary assignment or loan between educational agencies or
jurisdictions from exceeding 4 years of total time per individual
performing the duties of a represented classification in any
combination of assignments or loans.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19050.8 of the Government Code is amended to
read:
   19050.8.  The board may prescribe rules governing the temporary
assignment or loan of employees within an agency or between agencies
for not to exceed two years or between jurisdictions for not to
exceed four years for any of the following purposes:
   (a) To provide training to employees.
   (b) To enable an agency to obtain expertise needed to meet a
compelling program or management need.
   (c) To facilitate the return of injured employees to work.
   These temporary assignments or loans shall be deemed to be in
accord with this part limiting employees to duties consistent with
their class and may be used to meet minimum requirements for
promotional as well as open examinations. An employee participating
in that arrangement shall have the absolute right to return to his or
her former position. Any temporary assignment or loan of an employee
made for the purpose specified in subdivision (b) shall be made only
with the voluntary consent of the employee.
   In addition, out-of-class experience obtained in a manner not
described in this section may be used to meet minimum requirements
for promotional as well as open examinations, only if it was obtained
by the employee in good faith and was properly verified under
standards prescribed by board rule.
   For purposes of this section, a temporary assignment or loan
between educational agencies or jurisdictions shall not exceed four
years of total time per individual performing the duties of a
represented classification in any combination of assignments or
loans.  All temporary assignments or loans shall comply with
applicable board rules.  However, the temporary assignment
of any local educator who is performing the duties of a
nonrepresented classification while on loan to a state education
agency may be extended for as many successive two year intervals as
necessary by the Superintendent of Public Instruction or the
Chancellor of the California Community Colleges with the concurrence
of the educational agency or jurisdiction. Public and private
colleges and universities shall be considered educational agencies or
jurisdictions within the meaning of this section.
   A temporary assignment within an agency or between agencies may be
extended by the board for up to two additional years in order for an
employee to complete an apprenticeship program.