AB 129 — State civil service.
Last action — Ordered to inactive file at the request of Senator Mitchell.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
(1) The California Constitution provides that the civil service includes every officer and employee in the state except as otherwise provided in the Constitution, and existing statutory law, the State Civil Service Act, prescribes a comprehensive civil service personnel system for the state. The act grants eligibility for promotional civil service examinations and career executive assignment examinations to persons who meet certain requirements and minimum qualifications and who are employed by the Legislature, persons who are retired from the United States armed forces, honorably discharged from active military duty with a service-connected disability, or honorably discharged from active duty, or persons who were employees of the executive branch in exempt positions. This bill would revise eligibility standards applicable to people who were employed by the Legislature, people who retired or were discharged from the armed forces, and people who were formerly employed in exempt, executive branch positions, as described above, to permit them, upon request, to obtain civil service appointment list eligibility by taking promotional exams or career executive exams for which they meet minimum qualifications, as specified. The bill would eliminate the requirement that an employee or veteran, in this context, select only one promotional examination in which to compete when multiple examinations are given. Among other things, the bill would also remove a time limit on this eligibility granted to specified former employees of the Legislature and employees of the executive branch in exempt positions. (2) Existing law generally requires that appointments to vacant positions be made by lists. Existing law requires, with specified exceptions, that an appointing power receive the names and addresses of the three persons highest on a promotional employment list for the class in which a position belongs, and if there are fewer than three names, as specified, additional names are provided from the various lists next lower in order of preference. Existing law prescribes requirements for providing names to an appointing power for positions designated as management and specifies a method of ranking eligible candidates in this context. Existing law prescribes requirements for providing names to an appointing power for positions designated as supervisory and not professional, scientific, or administrative, and that are not examined for on an open basis, and specifies a method of ranking eligible candidates in this context. Existing law requires an appointing power to fill a position from the names of the persons provided. This bill would repeal these provisions and make conforming changes. (3) Existing law provides for career executive assignments to encourage the development for well-qualified executives and requires the State Personnel Board to establish, by a rule, a system of merit personnel administration specifically suited to the selection and placement of executive personnel. The State Civil Service Act defines career executive. Existing law requires the State Personnel Board, by rule, to provide that employees whose appointments to career executive assignments are terminated to be reinstated to civil service positions, as specified, at their option. This bill would revise the definition of career executive to eliminate the requirement that the person have permanent status in the civil service. This bill would provide that various provisions relating to personnel examinations don't apply to career executive assignments unless provided for by rule, as specified. The bill would grant reinstatement rights to employees who at the time of appointment to a career executive assignment were not employed by the state but who had previously worked for it and had gained permanent civil service status. The bill would grant an employee who at the time of his or her appointment to a career executive assignment was from outside civil service the right to defer examination for any open eligible list, as specified, in existence at the time of the termination of the career executive assignment for which he or she meets the minimum qualifications of the class to which appointment is sought. The bill would require, in this regard, that related experience gained in a career executive assignment be considered state civil service experience in a comparable class, as specified. The bill would make an appropriation from the General Fund of $300,000 to the Department of Finance for the purpose of funding the posting on the department's Internet Web site of all budget requests included as part of the Governor's Budget. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Bill Text
- Amended 08/31/15 - Amended Senate Current pdf August 31, 2015
- Amended 08/24/15 - Amended Senate pdf August 24, 2015
- Introduced 01/09/15 - Introduced pdf January 09, 2015
- AB129 View text html
Action History
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Ordered to inactive file at the request of Senator Mitchell.
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Read second time and amended. Ordered to third reading.
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From committee: Amend, and do pass as amended. (Ayes 14. Noes 0.) (August 27).
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.
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Referred to Com. on B. & F.R.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 27. Page 648.)
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Read second time. Ordered to third reading.
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Ordered to second reading.
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Withdrawn from committee.
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Assembly Rule 63 suspended. (Ayes 51. Noes 25. Page 611.)
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Assembly Rule 96 suspended. (Ayes 51. Noes 25. Page 611.)
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Referred to Com. on BUDGET.
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From printer. May be heard in committee February 11.
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Read first time.
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Introduced. To print.
Sponsors
- Committee on Budget · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 8 voted No
Sponsors (1)
- Committee on Budget
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 0 | 0 | 1 |
| Democratic | 0 | 0 | 0 | 1 |
| Total | 14 | 0 | 0 | 2 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Hancock | — | Yea |
| Monning | — | Yea |
| Nielsen | — | Yea |
| Roth | — | Yea |
| Allen | — | Yea |
| Mitchell | — | Not Voting |
| Beall | — | Yea |
| Block | — | Yea |
| Leno | — | Yea |
| Moorlach | — | Yea |
| Pan | — | Yea |
| Pavley | — | Yea |
| Wolk | — | Yea |
| Mark Stone | — | Yea |
| Nguyen, Stephanie | Democratic | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 47 | 21 | 0 | 2 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 0 | 6 | 0 | 0 |
| Total | 51 | 27 | 0 | 2 |
| % of votes cast | 64% | 34% | 0% | 3% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Nay |
| Alejo | — | Yea |
| Bigelow | — | Nay |
| Bloom | — | Yea |
| Brough | — | Not Voting |
| Brown | — | Yea |
| Jones-Sawyer | — | Yea |
| Levine | — | Yea |
| Maienschein | — | Nay |
| Mathis | — | Nay |
| Medina | — | Yea |
| Obernolte | — | Nay |
| Ridley-Thomas | — | Yea |
| Steinorth | — | Nay |
| Waldron | — | Nay |
| Eggman | — | Yea |
| Cooper | — | Yea |
| Frazier | — | Yea |
| Gatto | — | Yea |
| Burke | — | Yea |
| Campos | — | Yea |
| Chiu | — | Yea |
| Salas | — | Yea |
| Bonilla | — | Yea |
| Gomez | — | Yea |
| Gordon | — | Yea |
| Holden | — | Yea |
| Lopez | — | Yea |
| Cooley | — | Yea |
| Dababneh | — | Yea |
| Daly | — | Yea |
| Dodd | — | Yea |
| Low | — | Yea |
| McCarty | — | Yea |
| Mullin | — | Yea |
| Nazarian | — | Yea |
| O'Donnell | — | Yea |
| Perea | — | Yea |
| Rendon | — | Yea |
| Thurmond | — | Yea |
| Weber | — | Yea |
| Atkins | — | Yea |
| Hadley | — | Nay |
| Chang | — | Nay |
| Harper | — | Nay |
| Gray | — | Not Voting |
| Chau | — | Yea |
| Kim | — | Nay |
| Linder | — | Nay |
| Mayes | — | Nay |
| Baker | — | Nay |
| Chu | — | Yea |
| Chávez | — | Nay |
| Melendez | — | Nay |
| Olsen | — | Nay |
| Quirk | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Ting | — | Yea |
| Wagner | — | Nay |
| Wilk | — | Nay |
| Williams | — | Yea |
| Wood | — | Yea |
| Gonzalez | — | Yea |
| Beth Gaines | — | Nay |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Yea |
| Travis Allen | — | Nay |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Dahle, Megan | Republican | Nay |
| Gallagher, James | Republican | Nay |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Lackey, Tom | Republican | Nay |
| Patterson, Joe | Republican | Nay |
Subjects
Frequently asked questions
- What does AB 129 do?
- (1) The California Constitution provides that the civil service includes every officer and employee in the state except as otherwise provided in the Constitution, and existing statutory law, the State Civil Service Act, prescribes a comprehensive civil service personnel system for the state. The act grants eligibility for promotional civil service examinations and career executive assignment examinations to persons who meet certain requirements and minimum qualifications and who are employed by the Legislature, persons who are retired from the United States armed forces, honorably discharged from active military duty with a service-connected disability, or honorably discharged from active duty, or persons who were employees of the executive branch in exempt positions. This bill would revise eligibility standards applicable to people who were employed by the Legislature, people who retired or were discharged from the armed forces, and people who were formerly employed in exempt, executive branch positions, as described above, to permit them, upon request, to obtain civil service appointment list eligibility by taking promotional exams or career executive exams for which they meet minimum qualifications, as specified. The bill would eliminate the requirement that an employee or veteran, in this context, select only one promotional examination in which to compete when multiple examinations are given. Among other things, the bill would also remove a time limit on this eligibility granted to specified former employees of the Legislature and employees of the executive branch in exempt positions. (2) Existing law generally requires that appointments to vacant positions be made by lists. Existing law requires, with specified exceptions, that an appointing power receive the names and addresses of the three persons highest on a promotional employment list for the class in which a position belongs, and if there are fewer than three names, as specified, additional names are provided from the various lists next lower in order of preference. Existing law prescribes requirements for providing names to an appointing power for positions designated as management and specifies a method of ranking eligible candidates in this context. Existing law prescribes requirements for providing names to an appointing power for positions designated as supervisory and not professional, scientific, or administrative, and that are not examined for on an open basis, and specifies a method of ranking eligible candidates in this context. Existing law requires an appointing power to fill a position from the names of the persons provided. This bill would repeal these provisions and make conforming changes. (3) Existing law provides for career executive assignments to encourage the development for well-qualified executives and requires the State Personnel Board to establish, by a rule, a system of merit personnel administration specifically suited to the selection and placement of executive personnel. The State Civil Service Act defines career executive. Existing law requires the State Personnel Board, by rule, to provide that employees whose appointments to career executive assignments are terminated to be reinstated to civil service positions, as specified, at their option. This bill would revise the definition of career executive to eliminate the requirement that the person have permanent status in the civil service. This bill would provide that various provisions relating to personnel examinations don't apply to career executive assignments unless provided for by rule, as specified. The bill would grant reinstatement rights to employees who at the time of appointment to a career executive assignment were not employed by the state but who had previously worked for it and had gained permanent civil service status. The bill would grant an employee who at the time of his or her appointment to a career executive assignment was from outside civil service the right to defer examination for any open eligible list, as specified, in existence at the time of the termination of the career executive assignment for which he or she meets the minimum qualifications of the class to which appointment is sought. The bill would require, in this regard, that related experience gained in a career executive assignment be considered state civil service experience in a comparable class, as specified. The bill would make an appropriation from the General Fund of $300,000 to the Department of Finance for the purpose of funding the posting on the department's Internet Web site of all budget requests included as part of the Governor's Budget. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
- Who sponsors AB 129?
- AB 129 is sponsored by Committee on Budget.
- What is the current status of AB 129?
- This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 129?
- Track AB 129 free on One Click Politics — get push/email alerts when it moves.
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