BILL NUMBER: SB 623	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 24, 2010
	AMENDED IN SENATE  MAY 5, 2009

INTRODUCED BY   Senator Ashburn

                        FEBRUARY 27, 2009

    An act to amend Sections 18530 and 19080.3 of the
Government Code, relating to civil service appointments. 
 An act to add Section 53593.5 to the Government Code, relating
to local government. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 623, as amended, Ashburn.  Civil service appointments:
limited term appointments.   Local government: bonds.
 
   Existing law prohibits an investment firm, as defined, from having
specified interests in a new issuance of bonds from a local agency.
 
   This bill would prohibit a local agency from entering into a
financial advisory, legal advisory, underwriting, or similar
relationship with an individual or firm, with respect to a bond issue
that requires voter approval on or after January 1, 2011, if that
individual or firm, or an employee, agent, or person related to an
employee or agent of the individual or firm, provided or will provide
bond campaign services, as defined, to the bond campaign. 

   Existing law authorizes an appointing power to make a limited term
appointment to fill temporary staffing needs. Existing law defines a
limited term employee as an employee whose appointment as a result
of reinstatement or certification from an employment list shall not
exceed 2 years. Existing law prohibits limited term appointments from
individually or consecutively exceeding one year, except that the
State Personnel Board may authorize limited term appointments of up
to a total of 2 years' duration when a permanent appointment would be
likely to cause a layoff, demotion, or mandatory transfer requiring
a change of residence upon the conclusion of the temporary staffing
need. Existing law authorizes limited term appointments to be
extended within the time limits prescribed by those provisions
without making an additional appointment.  
   This bill would instead prohibit limited term appointments from
individually or consecutively exceeding one year except that the
board would be authorized to make an extension up to 2 years without
making an additional appointment if a permanent appointment would be
likely to cause a layoff, demotion, or mandatory transfer requiring a
change of residence upon the conclusion of the temporary staffing
need. The board would also be authorized to make an extension for
more than 2 years, but not to exceed 4 years, without making an
additional appointment if needed due to funding exceeding 2 years, to
retain the expertise of the incumbent to complete project work that
is still in progress, or to prevent the disruption of state
operations. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 53593.5 is added to the 
 Government Code  , to read:  
   53593.5.  (a) A local agency is prohibited from entering into a
financial advisory, legal advisory, underwriting, or similar
relationship with an individual or firm, with respect to a bond issue
that requires voter approval on or after January 1, 2011, if that
individual or firm, or an employee, agent, or person related to an
employee or agent of the individual or firm, provided or will provide
bond campaign services to the bond campaign.
   (b) For purposes of this section, "related" includes, but is not
limited to, a family relationship by blood or marriage, a financial
relationship, an affiliation between business structures, or the
sharing of one or more common principals.
   (c) (1) For purposes of this section, "bond campaign services"
includes fundraising, public opinion polling, election strategy and
management, organization of campaign volunteers, get out the vote
services, development of campaign literature, and advocacy materials.

   (2) "Bond campaign services" does not include either of the
following:
   (A) Advice and support related to the preparation of tax rate
statements and other documentation required for inclusion in the
voter pamphlet published by the applicable county registrar of
voters.
   (B) Public opinion polling that is conducted before a bond measure
is placed on the ballot for the purposes of gathering information
regarding, and evaluating the potential for, the adoption of the bond
measure by the electorate.  
  SECTION 1.    Section 18530 of the Government Code
is amended to read:
   18530.  "Limited term employee" means an employee whose
appointment as a result of reinstatement or certification from an
employment list shall not exceed two years, except as specified by
Section 19080.3.  
  SEC. 2.    Section 19080.3 of the Government Code
is amended to read:
   19080.3.  (a) Limited term appointments shall be made only for
temporary staffing needs and shall not individually or consecutively
exceed one year, except as otherwise provided in subdivision (b) or
(c).
   (b) The board may authorize limited term appointments of up to a
total of two years without making an additional appointment if a
permanent appointment would be likely to cause a layoff, demotion, or
mandatory transfer requiring a change of residence upon the
conclusion of the temporary staffing need.
   (c) The board may authorize limited term appointments for more
than two years, but not to exceed four years, without making an
additional appointment if the extension is needed because the funding
exceeds two years, to retain the expertise of the current incumbent
to complete project work that is still in progress, or to prevent the
disruption of state operations.