BILL ANALYSIS Ó SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: SB 1206 Norma Torres, Chair HEARING DATE: April 21, 2014 SB 1206 (Evans) as introduced 2/20/14 FISCAL: YES STATE PERSONNEL BOARD: ADMINISTRATIVE REGULATIONS HISTORY : Sponsor: California State Personnel Board (SPB) Other legislation: SB 1309 (Negrete McLeod), Chapter 360, Statutes of 2012 SUMMARY : This bill makes technical changes to statute governing the State Personnel Board (SPB)'s rulemaking authority by updating references to the Administrative Procedure Act (APA) and eliminating obsolete code section references to subject matters that were transferred to the California Department of Human Resources (CalHR) or the Department of Fair Employment and Housing (DFEH) in prior legislation. BACKGROUND AND ANALYSIS : 1)Existing law : a) requires state agencies and departments to follow procedures set forth in the APA when adopting administrative regulations. b) exempts SPB from most provisions of the APA. c) requires SPB to follow APA provisions when making regulations regarding certain subjects. Existing statute - rendered partially obsolete by the transfer of certain responsibilities from SPB to CalHR or DFEH - lists the following subjects where SPB is not exempt from the APA: i) Representation of minorities, women, and persons with disabilities in the state workforce. Glenn A. Miles Date: April 3, 2014 Page 1 ii) Equal employment opportunities. iii) Board hearing procedures relating to public testimony and participation, except a procedure that is expressly required by statute. iv) Disciplinary hearing procedures not mandated by statutes, court decisions, or board precedential decisions. v) Drug testing. vi) Grounds for employee discipline. vii) Reasonable accommodation. 1)This bill : a) conforms the list of SPB subject matter that is not exempt from the APA with current law and eliminates obsolete references to subject matters that were transferred to CalHR or DFEH and are no longer part of SPB's jurisdiction. b) clarifies that the subject matter under SPB's purview that is not exempt from APA provisions is the following: i) Board hearing procedures relating to public testimony and participation. ii) Specified board hearing procedures relating to: disciplinary and merit matters; disability discrimination claims, including claims based on medical condition; mental disability, or physical disability; and claims for denial of reasonable accommodation of a disability. i) Drug testing. ii) Grounds for employee discipline. Glenn A. Miles Date: April 3, 2014 Page 2 a) updates references to current APA code sections. COMMENTS : 1)Argument in Support : The sponsor states that "the cleanup in this bill represents the programs that no longer fall within the responsibility of SPB; therefore, it is no longer necessary for these items to be listed in Government Code section 18215 relating to the SPB's Administrative regulations." 2)SUPPORT : California State Personnel Board (SPB), Sponsor 3)OPPOSITION : None on file. ##### Glenn A. Miles Date: April 3, 2014 Page 3