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California Assembly Bill AB1571

California 2023-2024 Regular Session

California Assembly Bill AB1571 Compare Versions

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1-Amended IN Assembly March 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1571Introduced by Assembly Member SantiagoFebruary 17, 2023An act to amend Section 68501 of the Government Code, relating to courts. An act to amend Section 19257.5 of the Government Code, relating to state government.LEGISLATIVE COUNSEL'S DIGESTAB 1571, as amended, Santiago. Courts: Judicial Council. State civil service: voiding illegal appointments.The California Constitution establishes the State Personnel Board (board) and requires the board to, among other things, enforce the civil service statutes, prescribe probationary periods and classifications, adopt rules authorized by statute, and review disciplinary actions. Existing law establishes the Department of Human Resources (department) and provides that, subject to the requirements of the California Constitution, it succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the board as its designee with respect to the boards administrative and ministerial functions. Existing law authorizes the department to declare a civil service appointment void from the beginning whenever the appointment of an employee has been made and accepted in good faith but where the appointment would not have been made but for some mistake of law or fact that if known to the parties would have rendered the appointment unlawful when made, if the action is taken within one year after the appointment.This bill would instead authorize the board, in accordance with its rules, to declare a civil service appointment void from the beginning whenever the appointment of an employee has been made and accepted in the absence of good faith.Existing law authorizes the chairperson of the Judicial Council to appoint committees, as prescribed, to advise with the council in studying various matters relating to the business of the courts, simplifying and improving the administration of justice, and other duties of the council.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 19257.5 of the Government Code is amended to read:19257.5. Where the appointment of an employee has been made and accepted in good faith, but where the appointment would not have been made but for some mistake absence of law or fact that if known to good faith, the parties would have rendered the appointment unlawful when made, the department Board, in accordance with its rules, may declare the appointment void from the beginning if the action is taken within one year after the appointment. beginning.SECTION 1.Section 68501 of the Government Code is amended to read:68501.The chairperson of the Judicial Council may appoint committees composed of official court reporters, judges, retired judges, attorneys, and experts in specialized fields, or any combination thereof, to advise with the Judicial Council in studying the condition of business in the several courts and the means for simplifying and improving the administration of justice, and in the performance of any other duties of the council authorized or imposed by law.
1+CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1571Introduced by Assembly Member SantiagoFebruary 17, 2023 An act to amend Section 68501 of the Government Code, relating to courts. LEGISLATIVE COUNSEL'S DIGESTAB 1571, as introduced, Santiago. Courts: Judicial Council.Existing law authorizes the chairperson of the Judicial Council to appoint committees, as prescribed, to advise with the council in studying various matters relating to the business of the courts, simplifying and improving the administration of justice, and other duties of the council.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 68501 of the Government Code is amended to read:68501. The chairman chairperson of the Judicial Council may appoint committees composed of official court reporters, judges, retired judges, attorneys attorneys, and experts in specialized fields, or any combination thereof, to advise with the Judicial Council in studying the condition of business in the several courts and the means for simplifying and improving the administration of justice justice, and in the performance of any other duties of the council authorized or imposed by law.
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3- Amended IN Assembly March 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1571Introduced by Assembly Member SantiagoFebruary 17, 2023An act to amend Section 68501 of the Government Code, relating to courts. An act to amend Section 19257.5 of the Government Code, relating to state government.LEGISLATIVE COUNSEL'S DIGESTAB 1571, as amended, Santiago. Courts: Judicial Council. State civil service: voiding illegal appointments.The California Constitution establishes the State Personnel Board (board) and requires the board to, among other things, enforce the civil service statutes, prescribe probationary periods and classifications, adopt rules authorized by statute, and review disciplinary actions. Existing law establishes the Department of Human Resources (department) and provides that, subject to the requirements of the California Constitution, it succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the board as its designee with respect to the boards administrative and ministerial functions. Existing law authorizes the department to declare a civil service appointment void from the beginning whenever the appointment of an employee has been made and accepted in good faith but where the appointment would not have been made but for some mistake of law or fact that if known to the parties would have rendered the appointment unlawful when made, if the action is taken within one year after the appointment.This bill would instead authorize the board, in accordance with its rules, to declare a civil service appointment void from the beginning whenever the appointment of an employee has been made and accepted in the absence of good faith.Existing law authorizes the chairperson of the Judicial Council to appoint committees, as prescribed, to advise with the council in studying various matters relating to the business of the courts, simplifying and improving the administration of justice, and other duties of the council.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
3+ CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1571Introduced by Assembly Member SantiagoFebruary 17, 2023 An act to amend Section 68501 of the Government Code, relating to courts. LEGISLATIVE COUNSEL'S DIGESTAB 1571, as introduced, Santiago. Courts: Judicial Council.Existing law authorizes the chairperson of the Judicial Council to appoint committees, as prescribed, to advise with the council in studying various matters relating to the business of the courts, simplifying and improving the administration of justice, and other duties of the council.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5- Amended IN Assembly March 13, 2023
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99 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
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1313 No. 1571
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1515 Introduced by Assembly Member SantiagoFebruary 17, 2023
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1717 Introduced by Assembly Member Santiago
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20-An act to amend Section 68501 of the Government Code, relating to courts. An act to amend Section 19257.5 of the Government Code, relating to state government.
20+ An act to amend Section 68501 of the Government Code, relating to courts.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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26-AB 1571, as amended, Santiago. Courts: Judicial Council. State civil service: voiding illegal appointments.
26+AB 1571, as introduced, Santiago. Courts: Judicial Council.
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28-The California Constitution establishes the State Personnel Board (board) and requires the board to, among other things, enforce the civil service statutes, prescribe probationary periods and classifications, adopt rules authorized by statute, and review disciplinary actions. Existing law establishes the Department of Human Resources (department) and provides that, subject to the requirements of the California Constitution, it succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the board as its designee with respect to the boards administrative and ministerial functions. Existing law authorizes the department to declare a civil service appointment void from the beginning whenever the appointment of an employee has been made and accepted in good faith but where the appointment would not have been made but for some mistake of law or fact that if known to the parties would have rendered the appointment unlawful when made, if the action is taken within one year after the appointment.This bill would instead authorize the board, in accordance with its rules, to declare a civil service appointment void from the beginning whenever the appointment of an employee has been made and accepted in the absence of good faith.Existing law authorizes the chairperson of the Judicial Council to appoint committees, as prescribed, to advise with the council in studying various matters relating to the business of the courts, simplifying and improving the administration of justice, and other duties of the council.This bill would make technical, nonsubstantive changes to that provision.
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30-The California Constitution establishes the State Personnel Board (board) and requires the board to, among other things, enforce the civil service statutes, prescribe probationary periods and classifications, adopt rules authorized by statute, and review disciplinary actions. Existing law establishes the Department of Human Resources (department) and provides that, subject to the requirements of the California Constitution, it succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the board as its designee with respect to the boards administrative and ministerial functions. Existing law authorizes the department to declare a civil service appointment void from the beginning whenever the appointment of an employee has been made and accepted in good faith but where the appointment would not have been made but for some mistake of law or fact that if known to the parties would have rendered the appointment unlawful when made, if the action is taken within one year after the appointment.
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32-This bill would instead authorize the board, in accordance with its rules, to declare a civil service appointment void from the beginning whenever the appointment of an employee has been made and accepted in the absence of good faith.
28+Existing law authorizes the chairperson of the Judicial Council to appoint committees, as prescribed, to advise with the council in studying various matters relating to the business of the courts, simplifying and improving the administration of justice, and other duties of the council.This bill would make technical, nonsubstantive changes to that provision.
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3430 Existing law authorizes the chairperson of the Judicial Council to appoint committees, as prescribed, to advise with the council in studying various matters relating to the business of the courts, simplifying and improving the administration of justice, and other duties of the council.
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3832 This bill would make technical, nonsubstantive changes to that provision.
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46-The people of the State of California do enact as follows:SECTION 1. Section 19257.5 of the Government Code is amended to read:19257.5. Where the appointment of an employee has been made and accepted in good faith, but where the appointment would not have been made but for some mistake absence of law or fact that if known to good faith, the parties would have rendered the appointment unlawful when made, the department Board, in accordance with its rules, may declare the appointment void from the beginning if the action is taken within one year after the appointment. beginning.SECTION 1.Section 68501 of the Government Code is amended to read:68501.The chairperson of the Judicial Council may appoint committees composed of official court reporters, judges, retired judges, attorneys, and experts in specialized fields, or any combination thereof, to advise with the Judicial Council in studying the condition of business in the several courts and the means for simplifying and improving the administration of justice, and in the performance of any other duties of the council authorized or imposed by law.
38+The people of the State of California do enact as follows:SECTION 1. Section 68501 of the Government Code is amended to read:68501. The chairman chairperson of the Judicial Council may appoint committees composed of official court reporters, judges, retired judges, attorneys attorneys, and experts in specialized fields, or any combination thereof, to advise with the Judicial Council in studying the condition of business in the several courts and the means for simplifying and improving the administration of justice justice, and in the performance of any other duties of the council authorized or imposed by law.
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4840 The people of the State of California do enact as follows:
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5042 ## The people of the State of California do enact as follows:
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52-SECTION 1. Section 19257.5 of the Government Code is amended to read:19257.5. Where the appointment of an employee has been made and accepted in good faith, but where the appointment would not have been made but for some mistake absence of law or fact that if known to good faith, the parties would have rendered the appointment unlawful when made, the department Board, in accordance with its rules, may declare the appointment void from the beginning if the action is taken within one year after the appointment. beginning.
44+SECTION 1. Section 68501 of the Government Code is amended to read:68501. The chairman chairperson of the Judicial Council may appoint committees composed of official court reporters, judges, retired judges, attorneys attorneys, and experts in specialized fields, or any combination thereof, to advise with the Judicial Council in studying the condition of business in the several courts and the means for simplifying and improving the administration of justice justice, and in the performance of any other duties of the council authorized or imposed by law.
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54-SECTION 1. Section 19257.5 of the Government Code is amended to read:
46+SECTION 1. Section 68501 of the Government Code is amended to read:
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5648 ### SECTION 1.
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58-19257.5. Where the appointment of an employee has been made and accepted in good faith, but where the appointment would not have been made but for some mistake absence of law or fact that if known to good faith, the parties would have rendered the appointment unlawful when made, the department Board, in accordance with its rules, may declare the appointment void from the beginning if the action is taken within one year after the appointment. beginning.
50+68501. The chairman chairperson of the Judicial Council may appoint committees composed of official court reporters, judges, retired judges, attorneys attorneys, and experts in specialized fields, or any combination thereof, to advise with the Judicial Council in studying the condition of business in the several courts and the means for simplifying and improving the administration of justice justice, and in the performance of any other duties of the council authorized or imposed by law.
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60-19257.5. Where the appointment of an employee has been made and accepted in good faith, but where the appointment would not have been made but for some mistake absence of law or fact that if known to good faith, the parties would have rendered the appointment unlawful when made, the department Board, in accordance with its rules, may declare the appointment void from the beginning if the action is taken within one year after the appointment. beginning.
52+68501. The chairman chairperson of the Judicial Council may appoint committees composed of official court reporters, judges, retired judges, attorneys attorneys, and experts in specialized fields, or any combination thereof, to advise with the Judicial Council in studying the condition of business in the several courts and the means for simplifying and improving the administration of justice justice, and in the performance of any other duties of the council authorized or imposed by law.
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62-19257.5. Where the appointment of an employee has been made and accepted in good faith, but where the appointment would not have been made but for some mistake absence of law or fact that if known to good faith, the parties would have rendered the appointment unlawful when made, the department Board, in accordance with its rules, may declare the appointment void from the beginning if the action is taken within one year after the appointment. beginning.
54+68501. The chairman chairperson of the Judicial Council may appoint committees composed of official court reporters, judges, retired judges, attorneys attorneys, and experts in specialized fields, or any combination thereof, to advise with the Judicial Council in studying the condition of business in the several courts and the means for simplifying and improving the administration of justice justice, and in the performance of any other duties of the council authorized or imposed by law.
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66-19257.5. Where the appointment of an employee has been made and accepted in good faith, but where the appointment would not have been made but for some mistake absence of law or fact that if known to good faith, the parties would have rendered the appointment unlawful when made, the department Board, in accordance with its rules, may declare the appointment void from the beginning if the action is taken within one year after the appointment. beginning.
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72-The chairperson of the Judicial Council may appoint committees composed of official court reporters, judges, retired judges, attorneys, and experts in specialized fields, or any combination thereof, to advise with the Judicial Council in studying the condition of business in the several courts and the means for simplifying and improving the administration of justice, and in the performance of any other duties of the council authorized or imposed by law.
58+68501. The chairman chairperson of the Judicial Council may appoint committees composed of official court reporters, judges, retired judges, attorneys attorneys, and experts in specialized fields, or any combination thereof, to advise with the Judicial Council in studying the condition of business in the several courts and the means for simplifying and improving the administration of justice justice, and in the performance of any other duties of the council authorized or imposed by law.