BILL NUMBER: SB 1206 CHAPTERED
BILL TEXT
CHAPTER 223
FILED WITH SECRETARY OF STATE AUGUST 21, 2014
APPROVED BY GOVERNOR AUGUST 21, 2014
PASSED THE SENATE MAY 8, 2014
PASSED THE ASSEMBLY AUGUST 7, 2014
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, Evans. State Personnel Board: administrative regulations.
Under existing law, the Department of Human Resources succeeds to
and is vested with those powers, duties, and authorities necessary to
operate the state civil service system. Prior to January 1, 2013,
existing law required the State Personnel Board to develop,
implement, and maintain equal employment opportunity guidelines. On
and after January 1, 2013, existing law requires the Department of
Human Resources to develop, implement, and maintain equal employment
opportunity guidelines.
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.
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) Board hearing procedures relating to public testimony and
participation, except a procedure that is expressly required by
statute.
(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.
(3) Drug testing.
(4) Grounds for employee discipline.
(b) Notwithstanding subdivision (a), the following provisions of
the Administrative Procedure Act shall not apply to regulations
concerning the subject matters specified in subdivision (a):
(1) Paragraph (1) of subdivision (a) of, and paragraphs (4) and
(5) of subdivision (b) of, Section 11346.2.
(2) Section 11346.3.
(3) Paragraph (3) of subdivision (a) of Section 11346.4.
(4) Subparagraph (B) of paragraph (3) of, and paragraphs (5) and
(7) to (12), inclusive, of, subdivision (a) of Section 11346.5.
(5) Paragraphs (2), (4), and (5) of subdivision (a) of Section
11346.9.
(6) Paragraphs (6) and (7) of subdivision (b) of Section 11347.3.
(7) Subdivisions (a), (e), and (f) of Section 11349.
(8) Paragraphs (1), (5), and (6) of subdivision (a) of, and
paragraph (3) of subdivision (d) of, Section 11349.1.