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Administrative bills enacted in 2000 that are of general interest to the Board or have a general statewide impact on all state agencies and/or employees are summarized below. Unless otherwise noted, the new legislation is effective January 1, 2001.
- AB
419 (Firebaugh) Chapter 346 - Public Employees' Retirement
System: benefits
Prescribes the effective date of disability retirement under
specified circumstances under the Public Employees' Retirement
Law.
- AB
505 (Wright, R) Chapter 1059 - Administrative Procedures
Relates to the Small Business Regulatory Reform Act of 2000.
Revises various provisions of the act with respect to the
duties of the office and state agencies in the adoption,
amendment, or repeal of regulations. Requires the Office
of Administrative Law to establish a unique identification
numbering system for each regulatory action for identification
and tracking purposes, and requires the office to post specified
information on its website. Creates the Office of Small
Business Advocate.
- AB
649 (Machado) Chapter 402 - effective September 11, 2000
- State Teachers' Retirement Plan
Relates to existing law, under which members of the Defined
Benefit Program of the State Teachers' Retirement Plan who
become employed by any of a list of other public employers
to perform service that requires membership in a different
public retirement system, may elect to be excluded from
membership in that different system. Makes this election
available to members of the State Teachers' Retirement System
who becomes employed by the state.
- AB
1016 (Briggs) Chapter 438 - Confidentiality: taxpayer communications
Provides that certain protections that apply to a communication
between a client and an attorney also apply to a communication
between a client and any federally authorized tax practitioner
before certain state agencies to the extent the communication
would be considered a privileged communication if it were
between a taxpayer and an attorney.
- AB
1684 (Committee on Information Technology) Chapter 918 -
Public contracts
Makes various changes to provisions authorizing the Department
of General Services and state agencies to contract with
suppliers to obtain materials, supplies, equipment, and
services.
- AB
1822 (Wayne) Chapter 1060 - Administrative Procedure Act
Relates to the Administrative Procedure Act. Provides for
the use of electronic communications in the delivery and
publication of notices and rulemaking documents, but provides
that electronic communication is not to be the exclusive
means by which the documents are published or distributed.
Authorizes state agencies to consult with interested persons
before initiating regulatory action.
- AB
1856 (Kuehl) Chapter 1047 - Harassment: Liability of Employees
Expressly provides that employees of any entity covered
under the California Fair Employment and Housing Act are
personally liable for prohibited harassment perpetrated
by the employee.
- AB
1936 (Papan) Chapter 151 - State Contracts: Claims Against
the State
Requires that contracted payments be made pursuant to an
existing provision of law requiring payment within 45 days
of a state agency receipt of an undisputed invoice, to avoid
late payment penalties.
- AB
1965 (Leach) Chapter 962 - Information Practices: State
Board of Equalization
Prohibits the State Board of Equalization from releasing
the names and addresses of individuals who are registered
with, or are holding licenses or permits issued by, the
State Board of Equalization except to the extent necessary
to verify resale certificates or to administer the tax and
fee provisions of the Revenue and Taxation Code.
- AB
2156 (Pescetti) Chapter 690 - Public Contracts: Bidding
Requirements
Requires, with respect to state agencies, specifications
to provide a period of time for submission of data prior
to or after the award of the contract. Provides that if
no time period is specified, data may be submitted for 30
days after the award of the contract.
- AB
2182 (Mazzoni) Chapter 292 - Bidding Procedures: Alternative
Bids
Revises procedures affecting state contracts to prescribe
procedures for determining the lowest bidder if additions
or deletions from base bids are considered.
- AB
2304 (Davis) Chapter 759 - State Contracts: Personal and
Consulting Services
Consolidates the provisions regulating State contracts for
consulting services and personal services. Revises these
provisions with respect to covered contracts and notice
by electronic media or the Internet and makes various technical
changes.
- AB
2410 (Machado) Chapter 885 - Wages: State Employees
Relates to existing law which prescribes requirements respecting
employer payment of wages, including timely payment thereof,
that are applicable to all employers, other than the state,
counties, cities, and other municipal corporations. Deletes
specified exemptions for the state as an employer from these
provisions.
- AB
2621 (Pacheco, Rod) Chapter 1031 - Pre-retirement Death
Benefits
Provides that for purposes of calculating or recalculating
the special death benefit, as specified, the deceased public
employee's retirement system member final compensation shall
be deemed to increase when the compensation is increased
for his or her final job classification and membership category,
as specified.
- AB
2799 (Shelley) Chapter 982 - Public Records: Disclosure
Provides that nothing in the California Public Records Act
shall be construed to permit an agency to delay or obstruct
the inspection or copying of public records. Deletes the
requirement that computer data be provided in a form determined
by the agency and requires an agency that has information
that constitutes an identifiable public record not otherwise
exempt from disclosure that is in an electronic format to
make that information available when requested by any person.
- AB
2817 (Honda) Chapter 608, effective September 24, 2000 -
Information Technology: Innovative Projects Grant
Requires the Department of Finance and the Department of
Information Technology, jointly, no later than 3 months
from the date of the enactment of the 2000-01 Budget Act,
to promulgate guidelines and a standard form for applications
by state agencies for grants for information technology
innovation projects. Requires applications submitted under
these provisions to include specified information.
- AB
2840 (Committee on Public Employees, Retirement & Social
Security) Chapter 489 - Public Employees' Retirement: Service
Credit
Relates to existing Public Employees' Retirement Law under
which members may elect to receive service credit for public
service, subject to the payment of additional contributions.
Revises and recasts the provisions relating to the calculation
and payment of those additional contributions. Requires
the Board of Administration or the system to inform members
of certain rights under the bill's provisions.
- AB
2890 (Committee on Consumer Protection) Chapter 776, effective
September 27, 2000 - Public Contracts
Relates to existing law which states a state agency may
award a contract for goods, services, or information technology
that has an estimated value by obtaining quotations from
at least 2 small businesses. Clarifies that contracts, within
a specified amount, do not have to comply with various provisions
that generally govern public contracts.
- SB
129 (Peace) Chapter 984 - Personal Information: Collection
and Disclosure
Creates the Office of Privacy Protection within the Department
of Consumer Affairs. Requires the Office to protect the
privacy of personal information by identifying consumer
problems, developing fair information practices, and informing
the public for potential options to protect the privacy
of and avoid the misuse of personal information. Requires
each State agency to designate a position with responsibility
for the privacy policy for that agency.
- SB
266 (Chesbro) Chapter 159 - Public Contracts: bids
Requires that when a public agency invites formal bids for
public projects, and requires that there be a mandatory
prebid-site visit, conference, or other mandatory meeting
prior to the submission of the bid by a contractor, that
the public agency provide a notice of that requirement that
includes specified information.
- SB
683 (Perata) Chapter 879 - Employment Relations: State
Relates to determination by the California Public Employment
Relations Board that arbitration clauses do not continue
in effect after expiration of a collectible bargaining agreement.
- SB
984 (Polanco) Chapter 213 - State Holiday: Cesar Chavez
Day
Provides that March 31 is a paid holiday for state employees.
- SB
1327 (Escutia) Chapter 886 - Employees: Inspection of Personnel
Records
Harmonizes the law applicable to specified employers with
regard to inspection of personnel files. Requires an employer
to make the contents of the personnel files available to
an employee at reasonable intervals and reasonable times,
as provided, but would exempt from inspection, records relating
to the investigation of a criminal offense, letters of reference,
and specified ratings and reports.
- SB
1357 (Johnston) Chapter 654 - High Technology Crime Advisory
Committee
Relates to the Department of Information Technology within
the High Technology Crime Advisory Committee. Continues
indefinitely the provisions relating to the High Technology
Crime Advisory Committee. Requires the appointment of a
designee of the Department of Information Technology or
a designee of the Science and Technology Agency, as specified.
- SB
1367 (Schiff) Chapter 118 - State Bar
Extends the operation of an annual membership fee for active
members of the State Bar until 1/1/2002.
- SB
1888-(Hayden) Chapter 891 - Public Contracts: Sweatshop
Labor
Requires a specified prohibition to also include abusive
forms of child labor or exploitation of children in sweatshop
labor, as defined, and states the intent of the Legislature
to adopt a procurement policy prohibiting procurement of
materials produced with the use of these forms of labor.
- SB
1998 (Committee on Public Employees, Retirement & Social
Security) Chapter 1002
Extends the Bagley-Keene Open Meeting Act to closed sessions
of a state body or its designated representatives when discharging
responsibilities of the state body under the Ralph C. Dills
Act, which governs state employer-employee relations. Makes
various changes to the Public Employees' Retirement Law.
- SB
2025 (Burton) Chapter 1048 - State Civil Services: Disabilities
Applies the definitions contained in the California Fair
Employment and Housing Act pertaining to unlawful practices
to the State Civil Services Act. Applies the definition
of "disability" in the California Fair Employment and Housing
Act to the Limited Examination and Appointment Program.
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