Administrative Legislation 1999 - Chaptered Legislation Analyses

Administrative bills enacted in 1999 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, 2000.

AB 75 (Strom-Martin) Chapter 764 - State Agency Recycling.

Requires each state agency, in consultation with the California Integrated Waste Management Board, to develop an integrated waste management plan on or before July 1, 2000; requires each state agency to divert 25% of the solid waste generated from landfill disposal or transformation facilities by January 1, 2002, and at least 50% by January 1, 2004.

AB 99 (Cedillo) Chapter 801 - Public Employees’ Retirement System: benefits.

Relates to the Public Employees' Retirement System death benefits. Authorizes contracting agencies to amend their contracts to become subject to increased pre-retirement death benefits for their employees and would revise the member contribution rate calculation.

AB 109 (Knox) Chapter 164 - Employment: sick leave.

Requires an employer (i.e., the state, political subdivisions of the state, and municipalities) who provides sick leave to permit an employee to use in any calendar year accrued sick leave, in an amount not less than the amount earned during 6 months' employment to attend to the illness of a child, parent, or spouse of the employee. This bill prohibits specified disciplinary actions by employers against employees for using sick leave as specified.

AB 574 (Hertzberg) Chapter 972 - Public Contracts: responsible bidder.

Authorizes a public entity to require each prospective bidder for a contract to complete and submit to the entity a standardized questionnaire and financial statement; provides that a prime contractor may not substitute a subcontractor in place of the subcontractor listed in the original bid.

AB 738 (Davis, et al.) Chapter 770 - Public Employees' Family Programs.

Creates the Work and Family Fund in the State Treasury, to establish and maintain work and family programs for state employees, to be administered by the Department of Personnel Administration.

AB 1234 (Shelley & Alquist) Chapter 393 - State Bodies: open meetings: notice: violations.

This bill makes changes to the Bagley Keene Open Meeting Act. Among other things, this bill:

  • Requires the notice of regular and special meetings of a state body to be made on the Internet.
  • Requires the written notice of these meetings to include the address of the website where required meeting notices are made available.
  • Extends the period of time, from 30 to 90 days, in which an individual may take action to seek judicial declaratory relief from a state body.
  • Authorizes declaratory relief for past actions or threatened future actions by members of a state body.

AB 1399 (Wayne) Chapter 357 - State Civil Service: demonstration projects.

Prohibits supervisory employees from being included in a demonstration project unless there are written agreements with respect to the project between the affected state agency and all verified supervisory employee organizations that represent supervisory employees covered by the project.

AB 1412 (Wildman & Hughes) Chapter 156 - Public Employees.

Prohibits any state or local government employee from interfering with the right of any person to disclose an improper governmental activity to an investigating committee of the Legislature.

AB 1476 (Dutra) Chapter 698 - Year 2000 Liability.

Prohibits a state agency from imposing a civil fine on a small business for a violation of an administrative rule or regulation or noncriminal statute as a result of a Year 2000 Problem suffered by the small business if specified conditions are met.

AB 1528 (Strom-Martin) Chapter 272 - State Employee Benefits.

Raises the amount that an agency may expend for a certificate, plaque, or memento to be presented to an employee or a retired employee who has completed 25 years or more of state service.

SB 160 (Peace) Chapter 50 - State Agency Appropriations.

Enacts the 1999 state budget and includes line item vetoes.

SB 400 (Ortiz & Burton) Chapter 555 - Public Employees' Retirement System Benefits.

This bill makes changes to the Public Employees' Retirement Law. Among other things, this bill:

  • Establishes the means for members subject to Second Tier benefits, who are employed by the state on or after January 1, 2000, to elect to have their former Second Tier service converted to First Tier service. Additionally, this bill (1) provides that state miscellaneous members hired or returning to state service, as specified, on or after January 1, 2000, shall be subject to First Tier benefits unless they elect to be subject to Second Tier benefits, (2) authorizes members subject to Second Tier benefits to elect to become subject to First Tier benefits and contribution rates, and (3) provides that members subject to modified First Tier benefits shall become subject to First Tier benefits.
  • Prescribes a 2% at age 55 retirement formula, as specified, to those members employed by the state on or after January 1, 2000. This bill provides for a 1 to 6%, inclusive, retirement allowance increase for certain retired state members, as specified, and makes related technical changes.
  • Decreases the surviving spouse's eligibility age to 60 years, modifies the method for funding these benefits, and repeals these benefits on January 1, 2010.

SB 514 (Chesbro) Chapter 743 - Health Care Coverage: rural areas: PERS.

Establishes the Rural Health Care Equity Trust Fund to be administered by the Department of Personnel Administration to provide subsidies and reimbursements, as specified, for certain health care premiums and health care costs incurred by state employees and annuitants in rural areas. The provisions will cease to be operative on January 1, 2005, or earlier as specified.

SB 522 (Wright) Chapter 307 - State Employee Benefits.

Establishes a separate supplemental contributions program for eligible employees under the Legislators' Retirement Law and the Public Employees' Retirement Law. This bill creates the Supplemental Contributions Program Fund and appropriates all moneys in that fund to the Board of Administration of the Public Employees' Retirement System to carry out the purposes of the program.

SB 603 (Speier) Chapter 203 - Remittances and Interest.

Among other things, this bill requires any state agency accepting payment by credit card to notify each eligible payer and provide, as specified, for billing statements that allow for payment by credit card.

SB 637 (Baca & Johannessen) Chapter 404 - Veterans Benefits: spouses.

Among other things, this bill:

  • Revises the order of preference given to disabled veterans and veterans.
  • Specifies that the term "disabled veteran" and "veteran" have the same meaning as those terms are defined in a specified provision of federal law relating to the employment and training of veterans.
  • Deletes the January 1, 2000, repeal date regarding a veteran's spouse, thereby excluding for an indefinite period a veteran's spouse from limitations for educational benefits.

SB 827 (Sher) Chapter 816 - Recycled Materials.

Requires the Department of General Services to set requirements for the purchase of recycled paper products by state agencies; at least 50 percent of the total dollar amount of paper products purchased or procured will be of recycled paper products and at least 25 percent of the total fine writing and printing paper purchased or procured will be of recycled paper products.

SB 951 (Hayden & Johnston) Chapter 673 - State Employees: disclosure of improper activities.

Renames the Reporting of Improper Governmental Activities Act as the California Whistleblower Protection Act. This bill revises the protection afforded to persons, as specified.