Administrative Legislation 1998 - Chaptered Legislation Analyses
Administrative bills enacted in 1998 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, 1999.
Among other things, provides that the provisions of any memorandum of understanding that require the expenditure of funds shall become effective even if the provision of the memorandum of understanding are approved in legislation other than the Annual Budget.
Requires the California based company to demonstrate its eligibility for the 5% preference, as specified, and to certify under penalty of perjury the company's eligibility for any additional preference based on its hiring of persons with a high risk of unemployment.
Recognizes the fourth Friday in September as "Native American Day." On Native American Day a State employee may elect to take eight hours of leave in lieu of receiving eight hours of personal holiday credit. This measure does not increase the personal holiday credit that a State employee would receive.
Requires each state agency to offer at least semiannually, and certain state officials and employees to attend once every 2 years, an orientation course on the relevant ethics statutes and regulations that govern the official conduct of state officials.
Recasts provisions of existing law which provide that a state agency that fails to make any payment for goods and services to certain entities pursuant to a contract shall be subject to an interest penalty fee, as specified. Specifies that these provisions may not be waived, altered, or limited by state agency with respect to a contract entered into on or after January 1, 1999, or by the person or business contracting on or after that date with the state agency.
Increases the maximum annual rental to a specified amount for any real property leased by any state department, board, or commission for the use of the state agency for storage, warehouse, or office purposes. Authorizes the Director of General Services to exempt from his or her approval, as specified, any state real estate acquisition or conveyance involving not more than a specified sum.
Requires each state and local agency, as defined, to make its records open to public inspection at all times during office hours, except as specifically exempted from disclosure by law; defines the terms "writing," "person," and "member of the public"; provides for public inspection of public records and copying in all forms, as specified; requires public agencies to ensure that systems used to collect and hold public records be designed to ensure ease of public access. This bill also requires the Board of Equalization to establish and post written guidelines for accessibility of records.
Relates to the prohibition against discrimination in employment-related matters on the basis of, among other things, medical condition; the bill provides that "medical condition" includes genetic characteristics, as defined.
Provides that a state employee who, as a member of the California National Guard or a United States military reserve organization is ordered to active duty by Presidential determination that it is necessary or when in time of national emergency declared by the President or otherwise authorized by law, shall receive compensation for the duration of the event for a period not to exceed 180 days.
Among other provisions, provides that any willful unauthorized inspection (browsing) or unwarranted disclosure or use of certain tax information by officers or employees of the Board of Equalization and the Franchise Tax Board is a misdemeanor.
Requires state agencies that have an Internet website and collect personal information of the user accessing the website to notify the user of specific information, including the fact that personal information is being collected and the purpose for which the collected information will be used. This bill would also require the agency to notify the user that he or she has the option of avoiding the collection of personal information when accessing the website.
Provides, with regard to those types of public records, that individually identifiable information shall not be provided to any person or public or private entity who is not a party to the claim unless the requester provides identification and states the reason for making the request; authorizes the administrative director of the Division of Workers' Compensation to require the requester to verify the validity and correctness of the name and address of the requester.
Creates a Bipartisan Commission on the Political Reform Act of 1974 with prescribed membership required to investigate and assess effect of the Political Reform Act of 1974 on core political speech protected by the First Amendment to the United States Constitution, and on candidates for public office, campaign committees, the voters, state and local officials, and public employees, including the act's effect upon communications to and from public officials.
Specifies that, for all agencies subject to the California Public Records Act (Government Code Section 6250 et seq.), no limitations on access to a public record may be made based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure. This bill also requires the Board of Equalization to adopt regulations to establish procedures and guidelines to access public records, and to study and report to the Legislature by January 1, 2000, concerning the feasibility and cost of indexing its public records.