BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2126|
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THIRD READING
Bill No: AB 2126
Author: Block (D)
Amended: 5/7/12 in Assembly
Vote: 21
SENATE EDUCATION COMMITTEE : 7-0, 6/13/12
AYES: Lowenthal, Alquist, Hancock, Huff, Liu, Price,
Simitian
NO VOTE RECORDED: Runner, Blakeslee, Vargas, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 63-10, 5/10/12 - See last page for vote
SUBJECT : California State University Regulations
SOURCE : California State University
DIGEST : This bill extends the current California State
University (CSU) Board of Trustees regulation adoption,
amendment and repeal processes from January 1, 2013 to
January 1, 2018.
ANALYSIS : Existing law authorizes and outlines the
procedures to be used by the CSU Trustees to adopt, amend,
or repeal regulation. The CSU is specifically given this
statutory authority instead of being required to follow the
Administrative Procedures Act (APA), which governs the
regulatory process for other state agencies.
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AB 2126
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2
This bill extends the current California State University
(CSU) Board of Trustees regulation adoption, amendment and
repeal processes from
January 1, 2013 to January 1, 2018.
Background
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. With the enactment of
AB 3132 the SCU Trustees were authorized to promulgate
regulations without having to utilize the procedures
outlined in the APA of the Government Code. This authority
was granted for an initial period of five years and has
since been extended by several statutes. Existing law,
enacted by AB 262 (Coto), Chapter 679, Statues of 2007,
extends this authority until January 1, 2013. This bill
extends the existing authority until January 1,2 018.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/26/12)
California State University (source)
ARGUMENTS IN SUPPORT : The CSU is the sponsor of this
bill writes that this bill will "extend for another five
years the CSU's authority to issue its own regulations.
The CSU has had this authority for the last 15 years, but
without legislation this authority will expire on January
1, 2013. Since legislation was enacted in 1997, the CSU
has managed its own regulation process, relying on its
Office of General Counsel (OGC). The OGC review process is
similar to what was previously utilized by the Office of
Administrative Law (OAL). The initial authority granted to
the system was subject to a 'sunset,' which has been
extended twice (AB 1718 in 2001 and AB 1718 in 2007). The
granted authority requires that the system provide the
Governor, the Senate Education Committee Chair and the
Assembly Higher Education Chair with an annual summary of
any adopted regulations. AB 2126 continues to require this
practice, which we believe is appropriate."
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AB 2126
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3
ASSEMBLY FLOOR : 63-10, 5/10/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson, Eng,
Feuer, Fong, Fuentes, Galgiani, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jones, Knight,
Lara, Bonnie Lowenthal, Ma, Mendoza, Miller, Mitchell,
Monning, Norby, Pan, Perea, Portantino, Skinner, Smyth,
Solorio, Swanson, Torres, Valadao, Wieckowski, Williams,
Yamada, John A. P�rez
NOES: Donnelly, Beth Gaines, Garrick, Gorell, Logue,
Mansoor, Morrell, Nielsen, Silva, Wagner
NO VOTE RECORDED: Cook, Fletcher, Furutani, Jeffries,
Nestande, Olsen, V. Manuel P�rez
PQ:d 6/26/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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