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(a) For the purpose of facilitating either the recruitment
of professional and technically trained persons to fill positions for
which there is a shortage of qualified applicants or hiring to
achieve goals developed pursuant to Section 19790, the department may
authorize payment of all or a part of the travel expense of
applicants who are called for interview and all or a part of the
travel and moving expense of persons who change their place of
residence to accept employment with the state. These payments shall
be authorized only upon the certification of the appointing power and
the department that the expenditure is necessary in order to recruit
qualified persons needed by the state.
If, for reasons that do not meet the approval of the state
department concerned, the employee or applicant for employment does
not accept or continue the employment for a period of two years, he
or she shall reimburse the state department for the moving and travel
expenses for the full or proportionate amount.
For the purposes of this section, satisfactory reasons for not
completing two years of employment shall be death, prolonged illness,
disability, unacceptability of the applicant or employee to the
state department, and similar eventualities beyond the control of the
applicant or employee.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
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