California 2023 2023-2024 Regular Session

California Senate Bill SB1070 Amended / Bill

Filed 03/14/2024

                    Amended IN  Senate  March 14, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1070Introduced 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 DIGESTSB 1070, as amended, Padilla. State government: obtaining expertise. 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. 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. This bill would state the intent of the Legislature to subsequently amend the bill to support the states efforts in meeting the challenges posed by specified urgent and critical issues, to strengthen the exchange of expertise and research between the state and its world-leading institutions of higher education to advance the states global leadership in technology and innovation, and to partner with the states world-leading institutions of higher education to identify solutions to responsibly spur innovation, support the state workforce, and improve the lives of all Californians.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe 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:(a)(1) To provide training to employees.(b)(2) To enable an agency to obtain expertise needed to meet a compelling program or management need.(c)(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) 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. These(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 his or her their former position. Any temporary assignment or loan of an employee made for the purpose specified in subdivision (b) paragraph (2) of subdivision (a) shall be made only with the voluntary consent of the employee. In(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. For(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 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. subdivision. A(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.(d)This section shall become operative on January 1, 2017.SECTION 1.It is the intent of the Legislature to subsequently amend this act to do the following:(a)Support the states efforts in meeting the challenges posed by urgent and critical issues such as climate change, cybersecurity, artificial intelligence, and workforce shortages.(b)Strengthen the exchange of expertise and research between the state and its world-leading institutions of higher education to advance the states global leadership in technology and innovation.(c)Partner with the states world-leading institutions of higher education to identify solutions to responsibly spur innovation, support the state workforce, and improve the lives of all Californians.

 Amended IN  Senate  March 14, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1070Introduced 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 DIGESTSB 1070, as amended, Padilla. State government: obtaining expertise. 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. 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. This bill would state the intent of the Legislature to subsequently amend the bill to support the states efforts in meeting the challenges posed by specified urgent and critical issues, to strengthen the exchange of expertise and research between the state and its world-leading institutions of higher education to advance the states global leadership in technology and innovation, and to partner with the states world-leading institutions of higher education to identify solutions to responsibly spur innovation, support the state workforce, and improve the lives of all Californians.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Senate  March 14, 2024

Amended IN  Senate  March 14, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 1070

Introduced by Senator Padilla(Principal coauthor: Senator Becker)February 12, 2024

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

## LEGISLATIVE COUNSEL'S DIGEST

SB 1070, as amended, Padilla. State government: obtaining expertise. 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. 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. This bill would state the intent of the Legislature to subsequently amend the bill to support the states efforts in meeting the challenges posed by specified urgent and critical issues, to strengthen the exchange of expertise and research between the state and its world-leading institutions of higher education to advance the states global leadership in technology and innovation, and to partner with the states world-leading institutions of higher education to identify solutions to responsibly spur innovation, support the state workforce, and improve the lives of all Californians.

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. 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. 

This bill would state the intent of the Legislature to subsequently amend the bill to support the states efforts in meeting the challenges posed by specified urgent and critical issues, to strengthen the exchange of expertise and research between the state and its world-leading institutions of higher education to advance the states global leadership in technology and innovation, and to partner with the states world-leading institutions of higher education to identify solutions to responsibly spur innovation, support the state workforce, and improve the lives of all Californians.



## Digest Key

## 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:(a)(1) To provide training to employees.(b)(2) To enable an agency to obtain expertise needed to meet a compelling program or management need.(c)(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) 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. These(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 his or her their former position. Any temporary assignment or loan of an employee made for the purpose specified in subdivision (b) paragraph (2) of subdivision (a) shall be made only with the voluntary consent of the employee. In(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. For(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 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. subdivision. A(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.(d)This section shall become operative on January 1, 2017.SECTION 1.It is the intent of the Legislature to subsequently amend this act to do the following:(a)Support the states efforts in meeting the challenges posed by urgent and critical issues such as climate change, cybersecurity, artificial intelligence, and workforce shortages.(b)Strengthen the exchange of expertise and research between the state and its world-leading institutions of higher education to advance the states global leadership in technology and innovation.(c)Partner with the states world-leading institutions of higher education to identify solutions to responsibly spur innovation, support the state workforce, and improve the lives of all Californians.

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

## 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:(a)(1) To provide training to employees.(b)(2) To enable an agency to obtain expertise needed to meet a compelling program or management need.(c)(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) 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. These(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 his or her their former position. Any temporary assignment or loan of an employee made for the purpose specified in subdivision (b) paragraph (2) of subdivision (a) shall be made only with the voluntary consent of the employee. In(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. For(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 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. subdivision. A(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.(d)This section shall become operative on January 1, 2017.

SECTION 1. Section 19050.8 of the Government Code is amended to read:

### SECTION 1.

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:(a)(1) To provide training to employees.(b)(2) To enable an agency to obtain expertise needed to meet a compelling program or management need.(c)(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) 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. These(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 his or her their former position. Any temporary assignment or loan of an employee made for the purpose specified in subdivision (b) paragraph (2) of subdivision (a) shall be made only with the voluntary consent of the employee. In(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. For(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 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. subdivision. A(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.(d)This section shall become operative on January 1, 2017.

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:(a)(1) To provide training to employees.(b)(2) To enable an agency to obtain expertise needed to meet a compelling program or management need.(c)(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) 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. These(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 his or her their former position. Any temporary assignment or loan of an employee made for the purpose specified in subdivision (b) paragraph (2) of subdivision (a) shall be made only with the voluntary consent of the employee. In(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. For(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 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. subdivision. A(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.(d)This section shall become operative on January 1, 2017.

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:(a)(1) To provide training to employees.(b)(2) To enable an agency to obtain expertise needed to meet a compelling program or management need.(c)(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) 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. These(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 his or her their former position. Any temporary assignment or loan of an employee made for the purpose specified in subdivision (b) paragraph (2) of subdivision (a) shall be made only with the voluntary consent of the employee. In(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. For(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 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. subdivision. A(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.(d)This section shall become operative on January 1, 2017.



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:

(a)



(1) To provide training to employees.

(b)



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

(c)



(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) 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.

 These



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

 In



(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.

 For



(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 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. subdivision.

 A



(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.

(d)This section shall become operative on January 1, 2017.





It is the intent of the Legislature to subsequently amend this act to do the following:



(a)Support the states efforts in meeting the challenges posed by urgent and critical issues such as climate change, cybersecurity, artificial intelligence, and workforce shortages.



(b)Strengthen the exchange of expertise and research between the state and its world-leading institutions of higher education to advance the states global leadership in technology and innovation.



(c)Partner with the states world-leading institutions of higher education to identify solutions to responsibly spur innovation, support the state workforce, and improve the lives of all Californians.