BILL NUMBER: SB 1206	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Evans

                        FEBRUARY 20, 2014

   An act to amend Section 18215 of the Government Code, relating to
administrative regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1206, as introduced, Evans. State Personnel Board:
administrative regulations.
   Under existing law, regulations adopted by the State Personnel
Board are exempt from the Administrative Procedure Act, except that
regulations concerning certain matters are subject to the
Administrative Procedure Act. These matters include, but are not
limited to, the representation of minorities, women, and persons with
disabilities in the state workforce, equal employment opportunities,
and reasonable accommodation.
   This bill would delete the representation of minorities and women
in the state workforce and equal employment opportunities from that
list of matters subject to the Administrative Procedure Act. The bill
would revise and recast this provision, and except as specified, the
bill would make board hearing procedures relating to disciplinary
and merit matters, and disability discrimination complaints,
including claims of discrimination based upon medical condition,
mental disability or physical disability, and denial of reasonable
accommodation subject to the Administrative Procedure Act. However,
the bill would specify that certain provisions of the Administrative
Procedure Act relating to the content of the rulemaking file do not
apply those specified matters. The bill would also make other
technical changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18215 of the Government Code is amended to
read:
   18215.  (a) Except as provided in subdivision (b), regulations
concerning the following  subject matters  shall be subject
to the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3): 
   (1) Representation of minorities, women, and persons with
disabilities in the state workforce.  
   (2) Equal employment opportunities.  
   (3)
    (1)  Board hearing procedures relating to public
testimony and participation, except a procedure that is expressly
required by statute. 
   (4) Disciplinary hearing procedures not 
    (2)     Board hearing procedures relating
to disciplinary and merit matters, and disability discrimination
complaints, including claims of discrimination based upon medical
condition, mental disability or physical disability and denial of
  reasonable accommodation, unless the board hearing
procedures are  mandated by statutes, court decisions, or board
precedential decisions. However, rulings within the discretion of an
administrative law judge are not subject to this article. 
   (5) 
    (3)  Drug testing. 
   (6) 
    (4)  Grounds for employee discipline. 
   (7) Reasonable accommodation. 
   (b) Notwithstanding subdivision (a), the following provisions of
the Administrative Procedure Act shall not apply to regulations
concerning the  subjects   subject matters 
specified in subdivision (a): 
   (1) Section 11346.14.  
   (2) 
    (1)  Paragraph (1) of subdivision (a) of, and paragraphs
 (4),   (4) and  (5)  , and (6)
 of subdivision (b) of, Section 11346.2. 
   (3) 
    (2)  Section 11346.3. 
   (4) 
    (3)  Paragraph (3) of subdivision (a) of Section
11346.4. 
   (5)
    (4)  Subparagraph (B) of paragraph (3) of, and
paragraphs (5) and (7) to (12), inclusive, of, subdivision (a) of
Section 11346.5. 
   (6) 
    (5)  Paragraphs (2), (4), and (5) of subdivision (a) of
Section 11346.9. 
   (7) 
    (6)  Paragraphs  (3) and (4)   (6)
and (7)  of subdivision  (a)   (b)  of
Section 11347.3. 
   (8) 
    (7)  Subdivisions (a), (e), and (f) of Section 11349.

   (9) 
    (8)  Paragraphs (1), (5), and (6) of subdivision (a) of,
and paragraph (3) of subdivision (d) of, Section 11349.1.