BILL ANALYSIS                                                                                                                                                                                                    �






          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.



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          Glenn A. Miles
          Date:  April 3, 2014                                    Page  
          3