BILL ANALYSIS Ó
AB 2126
Page 1
ASSEMBLY THIRD READING
AB 2126 (Block)
As Introduced February 23, 2012
Majority vote
HIGHER EDUCATION 9-0 APPROPRIATIONS 15-2
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|Ayes:|Block, Olsen, Achadjian, |Ayes:|Fuentes, Harkey, |
| |Brownley, Fong, Galgiani, | |Blumenfield, Bradford, |
| |Lara, Miller, Portantino | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Norby, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Nielsen, Wagner |
| | | | |
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SUMMARY : Deletes the sunset date for provisions governing the
adoption, amendment, or repeal of regulations by the California
State University (CSU) Trustees.
EXISTING LAW establishes procedures for the adoption, amendment
or repeal of regulations by the CSU Trustees, rather than the
process set forth in the Administrative Procedures Act (APA),
until January 1, 2013.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, ongoing administrative cost savings to CSU for
continued use of the existing process for adopting regulations,
which do not require outside review by the Office of
Administrative Law (OAL) pursuant to the APA.
COMMENTS : Prior to the enactment of AB 3132 (Firestone),
Chapter 938, Statutes of 1996, CSU was required to follow the
APA when promulgating rules and regulations, which required
review of all proposed regulations to be completed by OAL. With
the enactment of AB 3132, the CSU Trustees were authorized to
streamline many operations, including promulgating regulations,
without having to utilize the procedures outlined in the APA.
Under the authority provided in AB 3132, the CSU Office of
General Counsel (OGC) is charged with performing a review
similar to that previously performed by OAL. This authority was
AB 2126
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granted for an initial period of five years and has since been
extended by several statutes. Current law, enacted by AB 262
(Coto), Chapter 679, Statutes of 2007, extends this authority
until January 1, 2013. This bill would remove the sunset date,
thereby allowing the CSU Trustees to continue the process of
adopting regulations through the CSU OGC indefinitely. The
author notes that CSU has received no complaints about the
current process despite enacting, repealing, or modifying 68
groups of regulations.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960
FN: 0003324