AB 365 — Revises provisions relating to governmental administration. (BDR 23-133)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on May 19, 2021) FIRST REPRINT A.B.

365365–Assemblymen APeters, SSEMBLYBrittney BMiller, ILLC.H. NO .

365–AMiller, SSEMBLYMENGonzález; PETERS , B RITTNEY M ILLER, C.H.

MAnderson, ILLER,Monroe-Moreno, GONZÁLEZNguyen, ;Torres and Watts CHAPTER..........

ANDERSON , M ONROE - M ORENO , NGUYEN , ORRES AND W ATTS M ARCH 22, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to governmental administration.

(BDR 23-133) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Section 1 of this bill declares that it is the public policy of this State that persons employed by the State be afforded respect, dignity and equity in thethee that workplace.

Sections 2 and 6-8 of this bill require the Departments of the State Government to prepare and submit to the Governor and the Legislature annually a complaintreport filedconcerning byequity an employee in the immediatelyworkplace, preceding calendar year whichh alleges conduct which isincludes: not unlawful but is against the public policy set forth in section 1;

(1) a summary of each complaint filed by an employee in the immediately preceding calendar year which section 1;

Section 6 ofofin this bill additionally requires the Court Administrator to submit annually the report - *AB365_R1* – 2 – to the Chief Justice of the Supreme Court.

(1) evaluate the effectiveness of any policy of the otherDivision intended to encourage equity in the workforce for persons of marginalizedcolor identities;and Governor and the Legislature concerning the results of the evaluation.

andSection (2)3 prepareofe this bill defines the term “marginalized identity” for purposes of the requirements of sections 2, 4 and submit6-8 to mean an identity that causes or has historically caused a reportperson of such an identity to thebe Governordisproportionately andsubject theto Legislaturediscrimination, concerningharassment theor resultsother negative treatment as a result of the evaluation.identity.

Section 3 of this bill defines the term “marginalized identity” for purposes of the requirements of sections 2, 4 and 6-8 to mean an identity that causes or has historically caused a person of such an identity to be disproportionately subject to discrimination, harExisting law requires the Personnel Commission of the Division to adopt regulations for the training of employees in the state service.

- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(a) A summary of each complaint filed by an employee of the appointing authority in the immediately preceding calendar year which alleges conduct, whether intentional or unintentional,unintentional,ear which is not unlawful but is against the public policy set forth in section 1 of this act, including, without limitation, conduct that communicates a negative attitude toward persons of marginalized identities;

- *AB365_R1* – 3 – 2.

5.C.F.R.

“Essential§ functions”1630.2.functions” has the meaning ascribed to it in 296. C.F.R.

§“Marginalized 1630.2.identity” means an identity that causes or has historically caused a person of such an identity to be - 81st Session (2021) – 3 – negative treatment as a result of the identity.arassment or other 7.

6.

“Marginalized identity” means an identity that causes or has historically caused a person of such an identity to be disproportionately subject to discrimination, harassment or other negative treatment as a result of the identity.

7.

(2) National Guard or a reserve component of the Armed Forces of the United States and was accepted for and assigned to duty forf(3) Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States and served in the capacity of a minimumcommissioned officer while on active duty in defense of 6the continuousUnited years;States;

or (3) Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States and served in the capacity of a commissioned officer while on active duty in defense of the United States;

In addition to the duties imposed upon the Administrator elsewhereels(a) inApply and carry out the provisions of this chapter,chapter and the Administratorregulations shall:adopted pursuant to it.

(a)(b) ApplyEstablish andobjectives carryfor out the provisionsDivision ofin thisterms chapterwhich andare thespecific, regulationsmeasurable adoptedand pursuantconducive to it.reliable evaluation, and develop a plan for accomplishing those objectives.

- *AB365_R1* – 4 – (b) Establish objectives for the Division in terms which are specific, measurable and conducive to reliable evaluation, and develop a plan for accomplishing those objectives.

(e)- Advise81st theSession Commission(2021) with– respect4 to– the preparation and adoption of regulations to carry out the provisions of this chapter.

and (3) Submit the report prepared pursuant to subparagraph (2)Bureau for transmittal to the GovernorLegislature.e andLegislative theCounsel Director(h) ofEstablish theand Legislativemaintain Counsela Bureauroster forof transmittalall toemployees in the Legislature.public service.

(h) Establish and maintain a roster of all employees in the public service.

[(i)] (j) Submit to the Governor and the Director of the Legislative Counsel Bureau for distribution to the Legislature a report for each calendar quarter on the total combined number of veterans and, to the extent the information is available, widows and widowers of persons killed in the line of duty while on active duty - *AB365_R1* – 5 – in the Armed Forces of the United States, who were hired in the classified or unclassified service of the State during the quarter.

[(j)] (k) Ensure, to the extent practicable, that the combined total percentage of officers and employees in public service who are veterans and, to the extent the information is available, widows and widowers- of81st personsSession killed(2021) in– the5 line– of duty while on active duty in the Armed Forces of the United States, is proportional to thetheuty combined total percentage of veterans and, to the extent the information is available, such widows and widowers, who reside in this State and are in the labor force.

[(o)] (p) Perform any other lawful acts which the Administrator may consider necessary or desirable to carry out the purposes andandr provisions of this chapter.