BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1206|
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CONSENT
Bill No: SB 1206
Author: Evans (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC EMPLOY. & RETIRE. COMM .: 4-0, 4/21/14
AYES: Torres, Walters, Block, Gaines
NO VOTE RECORDED: Evans
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : State Personnel Board: administrative regulations
SOURCE : State Personnel Board
DIGEST : 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.
ANALYSIS :
Existing law:
1.Requires state agencies and departments to follow procedures
set forth in the APA when adopting administrative regulations.
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2.Exempts SPB from most provisions of the APA.
3.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:
A. Representation of minorities, women, and persons with
disabilities in the state workforce;
B. Equal employment opportunities;
C. Board hearing procedures relating to public testimony
and participation, except a procedure that is expressly
required by statute;
D. Disciplinary hearing procedures not mandated by
statutes, court decisions, or board precedential decisions;
E. Drug testing;
F. Grounds for employee discipline; and
G. Reasonable accommodation.
This bill:
1.Conforms the list of SPB subject matter that is not exempt
from the APA with existing law and eliminates obsolete
references to subject matters that were transferred to CalHR
or DFEH and are no longer part of SPB's jurisdiction.
2.Clarifies that the subject matter under SPB's purview that is
not exempt from APA provisions is the following:
A. Board hearing procedures relating to public testimony
and participation.
B. Specified board hearing procedures relating to:
(1) Disciplinary and merit matters;
(2) Disability discrimination claims, including claims
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based on medical condition; mental disability, or
physical disability; and
(3) Claims for denial of reasonable accommodation of a
disability.
A. Drug testing.
B. Grounds for employee discipline.
1.Updates references to current APA code sections.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/5/14)
California State Personnel Board (source)
ARGUMENTS IN SUPPORT : The SPB, the sponsor of this bill,
states that this is a necessary technical clean-up measure to
reflect the Governor's Reorganization Plan Number One of 2011
(GRP 1). GRP 1 shifted responsibility for the state's equal
employment opportunity program from SPB to CalHR. This bill,
therefore, deletes references to the SPB in the Government Code
sections related to the state's equal employment opportunity
program.
JL:e 5/7/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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