BILL NUMBER: AB 863	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Niello

                        FEBRUARY 26, 2009

   An act to amend Section  13070 of the Government Code,
relating to the Department of Finance   11887.1 of the
Public Utilities Code, relating to municipal utility districts 
.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 863, as amended, Niello.  Department of Finance:
supervisory powers.   Public utilities: municipal
districts: civil service exemptions.  
   Under existing law, the general manager of a municipal utility
district is required to adopt a civil service system for the
selection, examination, employment, classification, advancement,
suspension, and discharge of employees.  
   Existing law allows the board of directors of a municipal utility
district with 600 or more employees to appoint up to 15 employees to
positions requiring peculiar and exceptional qualifications who are
exempt from the district civil service system. Additionally, the
board of a district which has owned and operated an electric
distribution system for at least eight years and has a population of
250,000 or more may determine that additional positions be exempt
from district civil service, so long as the total number of these
exempt positions does not exceed 2% of the total civil service
positions of the district.  
   This bill would raise the maximum percentage of exempt employees
the board of a district meeting the necessary requirements may
appoint from 2% of the total civil service positions of the district
to 5%.  
   Under existing law, the Department of Finance has general powers
of supervision over all matters concerning the financial and business
policies of the state, and whenever it deems it necessary, or at the
instance of the Governor, the department is required to institute or
cause the institution of investigations and proceedings as it deems
proper to conserve the rights and interests of the state. 

   This bill would make technical, nonsubstantive changes to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SEC. 1.    Section 11887.1 of the   Public
Utilities Code   is amended to read: 
   11887.1.  The board of a district which has owned and operated an
electric distribution system for at least eight years and has a
population of 250,000 or more may, notwithstanding Section 11887,
determine that additional positions requiring peculiar and
exceptional qualifications, including, but not limited to, those of a
scientific, professional, or expert character or of special
confidence, or positions with significant managerial responsibility,
shall be exempt from the district civil service if the total number
of these exempt positions, including the exempt positions filled
pursuant to Section 11887, does not exceed  2  
5  percent of the total civil service positions of the district.
However, the board may not determine any position to be exempt as
long as that position is filled by an employee appointed pursuant to
the district civil service. 
  SECTION 1.    Section 13070 of the Government Code
is amended to read:
   13070.  The department has general powers of supervision over all
matters concerning the financial and business policies of the state
and whenever it deems it necessary, or at the instance of the
Governor, shall institute or cause the institution of investigations
and proceedings as it deems proper to conserve the rights and
interests of the state.