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Senate Bill 68 (Kopp – 1997)

Chapter 220, Statutes of 1997 - SB 68

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Numerous sections from the Government Code, Health and Safety Code, Unemployment Insurance Code and the Welfare and Institutions Code were affected in 1997 following legislative approval of Senate Bill 68, a “noncontroversial omnibus bill on administrative adjudication.” (See Exhibits #1g and #14, document PE-2)  This bill was introduced on December 11, 1996 by Senator Quentin Kopp for the California Law Revision Commission, the Unemployment Insurance Appeals Board and the Department of Health Services.  (See Exhibits #1a and #14, document PE-2)

Senate Bill 68 was assigned to the Senate Committee on Judiciary and the Assembly Committee on Judiciary where policy issues raised by the bill were considered.  (See Exhibits #3 and #7)  Five amendments were made to Senate Bill 68.  (See Exhibits #1b through #1f and #2)  Subsequent to legislative approval, Governor Pete Wilson signed Senate Bill 68 on August 4, 1997, and it was recorded by the Secretary of State on that day as Chapter 220 of the Statutes of 1997.  (See Exhibits #1g and #2)

Senate Bill 68 contained an urgency clause which caused the bill to go into immediate effect.  The reason for this urgency can be found in section 44 of Chapter 220.

The Legislative Counsel’s Rule 26.5 analysis of Senate Bill 68 as last amended described this large bill as follows:

   SB 68, as it passed the Senate, among other things, made administrative adjudication provisions of the Administrative Procedure Act applicable to a decision by a quasi-public entity, as defined, if a statute vests the power of decision in the entity and, under the federal or state Constitution or a federal or state statute, an evidentiary hearing for determination of facts is required for formulation and issuance of the decision.

   The Assembly amendments exempt a decision made by a specified quasi-public entity that is regulated or supervised by the Insurance Commissioner from the bill and declare that the bill would take effect immediately s an urgency statute.

(See Exhibit #12)