Senate BillNo. 1206

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:

P2 1

SECTION 1.

Section 18215 of the Government Code is
2amended to read:

18215.

(a) Except as provided in subdivision (b), regulations
4concerning the followingbegin insert subject mattersend insert shall be subject to the
5Administrative Procedure Act (Chapter 3.5 (commencing with
6Section 11340) of Part 1 of Division 3):

begin delete
7(1) Representation of minorities, women, and persons with
8disabilities in the state workforce.
end deletebegin delete
9(2) Equal employment opportunities.
end deletebegin delete
10(3)
end delete

11begin insert(1)end insert Board hearing procedures relating to public testimony and
12participation, except a procedure that is expressly required by
13statute.

begin delete
14(4) Disciplinary hearing procedures not
end delete

15begin insert(2)end insertbegin insert end insertbegin insertBoard hearing procedures relating to disciplinary and merit
16matters, and disability discrimination complaints, including claims
17of discrimination based upon medical condition, mental disability
18or physical disability and denial of reasonable accommodation,
19unless the board hearing procedures areend insert mandated by statutes,
20court decisions, or board precedential decisions. However, rulings
21within the discretion of an administrative law judge are not subject
22to this article.

begin delete
23(5)
end delete

24begin insert(3)end insert Drug testing.

begin delete
25(6)
end delete

26begin insert(4)end insert Grounds for employee discipline.

begin delete
27(7) Reasonable accommodation.
end delete

28(b) Notwithstanding subdivision (a), the following provisions
29of the Administrative Procedure Act shall not apply to regulations
30concerning the~~begin delete subjectsend delete~~begin insert subject mattersend insert specified in subdivision
31(a):

begin delete
32(1) Section 11346.14.
end deletebegin delete
33(2)
end delete

34begin insert(1)end insert Paragraph (1) of subdivision (a) of, and paragraphs~~begin delete (4),end delete~~begin insert (4)
35andend insert (5)~~begin delete, and (6)end delete~~ of subdivision (b) of, Section 11346.2.

begin delete
36(3)
end delete

37begin insert(2)end insert Section 11346.3.

begin delete
38(4)
end delete

P3 1begin insert(3)end insert Paragraph (3) of subdivision (a) of Section 11346.4.

begin delete
2(5)
end delete

3begin insert(4)end insert Subparagraph (B) of paragraph (3) of, and paragraphs (5)
4and (7) to (12), inclusive, of, subdivision (a) of Section 11346.5.

begin delete
5(6)
end delete

6begin insert(5)end insert Paragraphs (2), (4), and (5) of subdivision (a) of Section
711346.9.

begin delete
8(7)
end delete

9begin insert(6)end insert Paragraphs~~begin delete (3) and (4)end delete~~begin insert (6) and (7)end insert of subdivision~~begin delete (a)end delete~~begin insert (b)end insert of
10Section 11347.3.

begin delete
11(8)
end delete

12begin insert(7)end insert Subdivisions (a), (e), and (f) of Section 11349.

begin delete
13(9)
end delete

14begin insert(8)end insert Paragraphs (1), (5), and (6) of subdivision (a) of, and
15paragraph (3) of subdivision (d) of, Section 11349.1.