Bill Text: CA SB1070 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Health care district: County of Imperial.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-09-30 - Chaptered by Secretary of State. Chapter 1013, Statutes of 2024. [SB1070 Detail]

Download: California-2023-SB1070-Amended.html

---

Amended  IN  Senate  April 29, 2024

Amended  IN  Senate  March 14, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1070

---

Introduced by Senator Padilla
(Principal coauthor: Senator Becker)

February 12, 2024

---

An act to amend Section 19050.8 of the Government Code, relating to state government.

LEGISLATIVE COUNSEL'S DIGEST

SB 1070, as amended, Padilla. State civil service: temporary assignments or loans.

Existing law, the State Civil Service Act, 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 purposes that include enabling an agency to obtain expertise needed to meet a compelling program or management need. For the purpose of these provisions, public and private colleges and universities are considered educational agencies or jurisdictions. Existing law requires a temporary assignment or loan between educational agencies or jurisdictions to be extended for up to 2 additional years upon a finding by the Superintendent of Public Instruction or the Chancellor of the California Community Colleges, and with the approval of the executive officer of the State Personnel Board, that the extension is necessary, as specified.

This bill would revise the above-described provision to specify that it applies to a temporary assignment or loan between 2 educational agencies or jurisdictions.

This bill would also require institutions of higher education, as defined, to be considered jurisdictions for the purposes of temporarily assigning or loaning employees to a government agency or temporarily receiving employees of a government agency. The bill would limit the period of an assignment or loan of employees under this provision to 2 years, subject to an additional 2-year extension. extension, and would require the employee temporarily assigned or loaned to complete and file an ethics form with the State Personnel Board and the receiving agency, as specified. The bill would require an eligible employee of an institution of higher education, for purposes of participating in an assignment or loan, to be an academic appointee of that institution of higher education, as prescribed.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

---

Bill Text

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.

 (a) The board may prescribe rules governing the temporary assignment or loan of employees within an agency or between agencies for a period not to exceed two years or between jurisdictions for a period not to exceed four years for any of the following purposes

(1) To provide training to employees.

(2) To enable an agency to obtain expertise needed to meet a compelling program or management need.

(3) To facilitate the return of injured employees to work.

(b) (1) Institutions of higher education shall be considered jurisdictions for the purposes of temporarily assigning or loaning employees to a government agency or temporarily receiving employees of a government agency under this section. Institutions of higher education shall be authorized to engage in the temporary assignment or loan of employees under this section only for the purposes specified in paragraph (1) or (2) of subdivision (a).

(2) The period of an assignment or loan of employees between an institution of higher education and a government agency shall not exceed two years, except the employee, the institution of higher education, and the government agency may agree to extend the assignment or loan for up to an additional two years.

(3) For the purpose of participating in an assignment or loan under this section, an eligible employee of an institution of higher education shall be an academic appointee of that institution of higher education.

(4) (A) Before participating in an assignment or loan under this section, an eligible employee of an institution of higher education shall complete and file with the board and the receiving government agency an ethics disclosure form.

(B) The board shall develop the form to include, at minimum, all of the following:

(i) Identifying information on the source of funding of the employee’s position at the institution of higher education.

(ii) Identifying information on any private industry support the employee receives through positions held outside of the institution of higher education.

(iii) Any other information required by the board to ensure against the employee affecting public policy in a manner that inures to the employee’s benefit.

(iv) Acceptance of ethics requirements applicable to corresponding state employees.

(C) The board shall develop a process to provide public access to the disclosed information in a reasonable manner.

(4)

(5) For purposes of this subdivision, the following definitions apply:

(A) “Academic appointee of an institution of higher education” means someone in an employment relationship with an institution of higher education who is primarily engaged in teaching or research and whose duties are closely related to the instructional or research functions of the institution of higher education. Faculty, graduate student researchers, and staff researchers affiliated with an institution of higher education are ordinarily academic appointees.

(B) “Institutions of higher education” means public colleges, public universities, and independent institutions of higher education, as defined in subdivision (b) of Section 66010 of the Education Code.

(c) 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 their former position. Any temporary assignment or loan of an employee made for the purpose specified in paragraph (2) of subdivision (a) shall be made only with the voluntary consent of the employee.

(d) 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.

(e) For purposes of this section, a temporary assignment or loan between two educational agencies or jurisdictions shall be extended for up to two additional years upon a finding by the Superintendent of Public Instruction or the Chancellor of the California Community Colleges, and with the approval of the executive officer of the State Personnel Board, that the extension is necessary in order to substantially complete work on an educational improvement project. However, the temporary assignment of any local educator who is performing the duties of a nonrepresented classification while on loan to a state educational 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 subdivision.

(f) 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.