Bill Text: CA AB365 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State civil service: examination and hiring processes.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2020-01-23 - Consideration of Governor's veto stricken from file. [AB365 Detail]

Download: California-2019-AB365-Introduced.html


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 365


Introduced by Assembly Member Cristina Garcia

February 04, 2019


An act to amend Sections 19240, 19241, and 19241.5 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 365, as introduced, Cristina Garcia. Limited Examination and Appointment Program: persons with developmental disabilities.
Existing law requires the Department of Human Resources to administer the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service. Until January 1, 2021, the program includes persons with a developmental disability, as defined. Existing law, until January 1, 2021, specifies that LEAP is a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant, except as specified that include persons with developmental disabilities in the LEAP program.
This bill would instead repeal the above-described provisions on January 1, 2025.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 19240 of the Government Code, as amended by Section 2 of Chapter 356 of the Statutes of 2015, is amended to read:

19240.
 (a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service.
(b) For purposes of this article, the following terms have the following meanings:
(1) “Developmental disability” has the definition set forth in Section 4512 of the Welfare and Institutions Code.
(2) “Disability” has the definition set forth in Section 12926, as that section presently reads or as it subsequently may be amended.
(3) “LEAP” means the Limited Examination and Appointment Program implemented and administered by the department pursuant to this chapter.
(4) “Person with a developmental disability” means a person who the State Department of Developmental Services deems eligible for services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and who is a consumer of a regional center pursuant to Chapter 5 (commencing with Section 4620) of the act.
(c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of persons with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211).
(d) This section shall remain in effect only until January 1, 2021, 2025, and as of that date is repealed.

SEC. 2.

 Section 19240 of the Government Code, as added by Section 3 of Chapter 356 of the Statutes of 2015, is amended to read:

19240.
 (a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service.
(b) “Disability” for the purposes of this article has the definition set forth in Section 12926, as that section presently reads or as it subsequently may be amended.
(c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211).
(d) This section shall become operative on January 1, 2021. 2025.

SEC. 3.

 Section 19241 of the Government Code, as amended by Section 4 of Chapter 356 of the Statutes of 2015, is amended to read:

19241.
 (a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, the creation of a LEAP internship program for persons with developmental disabilities in coordination with the State Department of Developmental Services and the Department of Rehabilitation, and appointment and appeals procedures.
(b) This section shall remain in effect only until January 1, 2021, 2025, and as of that date is repealed.

SEC. 4.

 Section 19241 of the Government Code, as amended by Section 161 of Chapter 86 of the Statutes of 2016, is amended to read:

19241.
 (a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, and appointment and appeals procedures.
(b) This section shall become operative on January 1, 2021. 2025.

SEC. 5.

 Section 19241.5 of the Government Code is amended to read:

19241.5.
 (a) This chapter establishes the Limited Examination and Appointment Program as a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the board.
(b) This section shall remain in effect only until January 1, 2021, 2025, and as of that date is repealed.

feedback