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

California Senate Bill 1070 (Prior Session Legislation)

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 Assembly June 20, 2024

Amended IN Senate May 20, 2024

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~~ amend, repeal, and add 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, 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 impose various limitations on the temporary assignment or loan of an employee, including, among other things, prohibiting an agency that receives an employee from an institution of higher education from authorizing that employee to control a civil service employee or their duties, position, or classification, as specified. The bill would require the State Personnel Board to develop uniform terms for temporary assignment or loan in consultation with the exclusive representative of employees. The bill would require a state agency that participates in a temporary assignment or loan with an institution of higher education to report specified information to the Department of Human Resources and would require the department to make that information publicly available on its internet website, as specified.

This bill would repeal its provisions on January 1, 2028.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES 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.

(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~~ 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) (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.

(4) For purposes of this subdivision, “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) (1) These temporary assignments or loans within an agency, between agencies, or between jurisdictions 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)~~

(2) 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.

(3) Satisfactory performance of duties or experience gained through the temporary assignment or loan of an employee pursuant to subdivision (b) may be used by the employee to meet minimum requirements for promotional as well as open examinations, provided that appointments shall be considered and made in a manner strictly consistent with existing laws, rules, or regulations governing civil service examination and appointment, including that performance and experience gained through the temporary assignment or loan shall not be sufficient to replace service in an entry-level position required for eligibility for a promotional examination.
~~(e)~~

(d) 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)~~

(e) 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.

(f) Notwithstanding subdivision (b) and Section 19050.2, an agency that receives an employee in an assignment or loan from an institution of higher education shall not require, authorize, or permit the employee to, in any manner, direct, supervise, manage, or otherwise control a civil service employee or the duties of a civil service employee, position, or classification.
(g) The board or department shall not construe, implement, or utilize this section in any manner to do any of the following:
(1) Supplant, reduce, or eliminate an existing civil service position or classification.
(2) Supplant, reduce, or eliminate the duties of a civil service position or classification.
(3) Reassign, lay off, relocate, terminate, or otherwise displace a civil service employee, nor affect a reassignment, layoff, relocation, termination, or other displacement of a civil service employee.
(h) The board shall develop uniform terms for the temporary assignment or loan of employees within an agency, between agencies, or between jurisdictions in consultation with the exclusive representative of employees.
(i) (1) On or before July 1, 2025, and every even-numbered year thereafter, each agency participating in a temporary assignment or loan of employees with an institution of higher education pursuant to subdivision (b) shall provide a report to the department that includes, but is not limited to, all of the following:
(A) The number of employees of an institution of higher education received by the agency.
(B) The number of employees loaned by the agency to an institution of higher education.
(C) The specific institutions of higher education from which the agency has received employees.
(D) The specific institutions of higher education to which an employee of the agency is loaned, categorized by exempt, nonexempt, confidential, excluded, or civil service status.
(E) The number of temporary assignments or loans that have been extended pursuant to paragraph (2) of subdivision (b).
(F) The number of employees who participated in a temporary assignment or loan from an institution of higher education who have entered into the civil service, categorized by full-time, part-time, intermittent, temporary or seasonal basis, the agency of employment, and the classifications of employment.
(G) The number of civil service employees who participated in a temporary assignment or loan with an institution of higher education who voluntarily terminated employment within at least 15 business days, but no more than 30 calendar days, before the conclusion of the temporary assignment or loan, or within 30 calendar days immediately following the conclusion of the temporary assignment or loan.
(2) No later than 90 calendar days after receipt of the reports required by paragraph (1), the department shall compile a report with the information from each agency, and shall make the report publicly available on its internet website. The department shall inform the Assembly Committee on Public Employment and Retirement and the Senate Committee on Labor, Public Employment, and Retirement in writing that the report has been made publicly available and where it is located on the department’s internet website.
(j) For purposes of this section, “agency” means any department, board, office, authority, commission, or other agency of state government.
(k) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

SEC. 2.

Section 19050.8 is added to the Government Code, 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) 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.
(2) 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.
(c) For purposes of this section, a temporary assignment or loan between 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 section.
(d) 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.
(e) This section shall become operative on January 1, 2028.