Bill Text: CA AB1699 | 2009-2010 | Regular Session | Amended
Bill Title: Interim appropriations.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2010-08-31 - Re-referred to Com. on RLS. Senate Rule 29.3(b) suspended. (Ayes 23. Noes 11. Page 5072.) From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. Withdrawn from committee. Ordered to third reading. Read third time. Urgency clause refused adoption. (Ayes 23. Noes 10. Page 5116.) [AB1699 Detail]
Download: California-2009-AB1699-Amended.html
BILL NUMBER: AB 1699 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 31, 2010
AMENDED IN SENATE AUGUST 17, 2010
INTRODUCED BY Assembly Member Hernandez
(Principal coauthor: Assembly Member Hayashi)
(Coauthors: Assembly Members Beall, Blumenfield, Eng, Furutani,
Jones, Lieu, Ma, Monning, Portantino, Saldana, Skinner, Torlakson,
Torres, and Torrico)
FEBRUARY 1, 2010
An act to add Section 1232 to, and to add Chapter 1.5 (commencing
with Section 16330) to Part 2 of Division 4 of Title 2 of, the
Government Code, and to add Section 9400.5 to the Welfare and
Institutions Code, relating to interim appropriations, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1699, as amended, Hernandez. Interim appropriations.
(1) The California Constitution requires the Legislature to pass a
budget bill by June 15 of each year for the fiscal year commencing
on July 1. Existing law provides that no state officer or employee
shall be deemed to have a break in service or to have terminated his
or her employment, for any purpose, or to have incurred any change in
his or her authority, status, or jurisdiction or in his or her
salary or other conditions of employment, solely because of the
failure to enact a Budget Act for a fiscal year prior to the
beginning of that fiscal year. Under the California Constitution,
money may be drawn from the Treasury only through an appropriation
made by law and upon a Controller's duly drawn warrant.
This bill would continuously appropriate from the General Fund and
other specified funds to the Controller an amount necessary for the
payment of compensation and employee benefits to state employees, as
defined, for work performed on or after July 1 of a fiscal year for
which no budget has been enacted.
This bill would specify, if a memorandum of understanding is in
effect that has been approved by the Legislature, that the
compensation and contribution for employee benefits for represented
state employees be at a rate consistent with the memorandum of
understanding and, for state employees excluded from collective
bargaining, at the rate approved by the Department of Personnel
Administration prior to the commencement of the fiscal year for which
a Budget Act has not been enacted. The bill would require, if a
memorandum of understanding is not in effect for represented state
employees and the department has not approved a compensation package
for state employees excluded from collective bargaining, that the
compensation and contribution for employee benefits for represented
state employees and state employees excluded from collective
bargaining be at the rate in effect at the expiration of the last
fiscal year for which a budget was enacted.
(2) Existing law establishes standards for the use of personal
services contracts. Existing law prohibits the use of state funds to
reimburse a state contractor for any costs incurred to assist,
promote, or deter union organizing. For the purposes of that
provision, "state contractor" is defined as any employer that
receives state funds for supplying goods or services pursuant to a
written contract with the state or any of its agencies.
This bill would continuously appropriate from the fund from which
a state contractor received compensation in the prior fiscal year
is compensated to the Controller the amount
necessary for payment of contract obligations to a state contractor
that provides goods or services to the state until the Budget Act of
that fiscal year is enacted. The bill would provide that if payments
are made to a contractor pursuant to that provision, the first
payment shall be made on July 15, with payments to be made on the
15th of each month thereafter until enactment of the Budget Act.
(3) Under existing law, the California Department of Aging
administers the federal Older Americans Act in California. Pursuant
to this federal act and the Mello-Granlund Older Californians Act,
the department allocates federal funds, in accordance with prescribed
funding formulas, to area agencies on aging in order to provide an
array of services to seniors.
This bill would continuously appropriate from the General Fund,
unallocated special funds, federal funds, and any other fund from
which area agencies on aging are compensated to the Controller the
amount necessary for the payment of the amount necessary to pay area
agencies on aging the sums necessary for the administration of
programs under their jurisdiction, including both state and federal
funds used for the provision of services and program administration.
The bill would provide that if payments are made to area agencies on
aging pursuant to that provision, the first payment would be made on
July 15, with payments to be made on the 15th of each month
thereafter until enactment of the Budget Act.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1232 is added to the Government Code, to read:
1232. (a) Notwithstanding Section 13340, in any fiscal year in
which the Budget Act is not enacted by July 1 of that fiscal year,
there is hereby continuously appropriated without regard to fiscal
years to the Controller from the General Fund, unallocated special
funds, federal funds, and any other fund from which state employees
are compensated, the amount necessary for the payment of compensation
and employee benefits to state employees until the Budget Act of
that fiscal year is enacted. The Controller may expend an amount no
greater than that necessary to enable the Controller to compensate
state employees for work performed between July 1 of the applicable
fiscal year and the enactment of the Budget Act.
(b) If there is a memorandum of understanding in effect that has
been approved by the Legislature, the compensation and contribution
for employee benefits for represented state employees shall be at a
rate consistent with the memorandum of understanding and
compensation, and contribution for employee benefits for state
employees excluded from collective bargaining shall be at the rate
approved by the Department of Personnel Administration prior to the
commencement of the fiscal year for which a Budget Act has not been
enacted. If a memorandum of understanding is not in effect and if the
department has not approved a compensation package for state
employees excluded from collective bargaining, compensation and
contribution for employee benefits for represented state employees
and state employees excluded from collective bargaining shall be at
the rate in effect at the expiration of the last fiscal year for
which a budget was enacted.
(c) The Department of Finance may, upon enactment of the Budget
Act and in the absence of this action being taken by the Legislature
or the Governor in that Budget Act, reduce the applicable Budget Act
allocations by the amount of any warrants drawn pursuant to
subdivision (a).
(d) For the purposes of this section, "state employee" means an
employee as defined in Section 3562 or 19815, or an employee
of the judicial branch, including trial court employees.
of the Administrative Office of the Courts.
SEC. 2. Chapter 1.5 (commencing with Section 16330) is added to
Part 2 of Division 4 of Title 2 of the Government Code, to read:
CHAPTER 1.5. PAYMENTS IN ABSENCE OF A STATE BUDGET
16330. (a) Notwithstanding Section 13340, in any fiscal year in
which the Budget Act is not enacted before July 1 of that fiscal
year, there is hereby continuously appropriated without regard to
fiscal years to the Controller from the fund from which a state
contractor received compensation in the prior fiscal year, the amount
necessary for payment of contract obligations to a state contractor
that provides goods or services to the state until the Budget Act of
that fiscal year is enacted. The Controller may expend an amount no
greater than that necessary to enable the Controller to compensate a
state contractor from July 1 of the applicable fiscal year until the
enactment of the Budget Act, inclusive.
(b) The Department of Finance may, upon enactment of the Budget
Act and in the absence of this action being taken by the Legislature
or the Governor in that Budget Act, reduce the applicable Budget Act
allocations by the amount of any payments drawn pursuant to
subdivision (a).
(c) If payments are made to a state contractor pursuant to this
section, the first payment shall be made on July 15, with payments to
be made on the 15th of each month thereafter until enactment of the
Budget Act.
(d) For purposes of this chapter, "state contractor" has the same
meaning as defined in Section 16645.
SEC. 3. Section 9400.5 is added to the Welfare and Institutions
Code, to read:
9400.5. (a) Notwithstanding Section 13340 of the Government Code,
in any fiscal year in which the Budget Act is not enacted before
July 1 of that fiscal year, there is hereby continuously appropriated
to the department, from the General Fund, unallocated special funds,
federal funds, and any other fund from which area agencies on aging
are compensated, the amount necessary to pay area agencies on aging
the sums necessary for the administration of programs under their
jurisdiction, including both state and federal funds used for the
provision of services and program administration.
(b) The Department of Finance may, upon enactment of the Budget
Act and in the absence of this action being taken by the Legislature
or the Governor in that Budget Act, reduce the applicable Budget Act
allocations by the amount of any payments pursuant to subdivision
(a).
(c) If payments are made to area agencies on aging pursuant to
this section, the first payment shall be made on July 15, with
payments to be made on the 15th of each month thereafter until
enactment of the Budget Act.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure, in the event of a budget impasse, that state
employees may be compensated for work performed without delay, that
contractors for the state be compensated in a timely manner for goods
and services provided to the state, and that area agencies on aging
will be able to provide uninterrupted essential services to
vulnerable seniors in California, it is necessary that this act take
effect immediately.
