Bill Text: CA AB1937 | 2017-2018 | Regular Session | Amended
Bill Title: Public employment: payroll deductions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-08-06 - In committee: Hearing postponed by committee. [AB1937 Detail]
Download: California-2017-AB1937-Amended.html
Amended
IN
Assembly
March 20, 2018 |
Assembly Bill | No. 1937 |
Introduced by Assembly Member Santiago |
January 25, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the Meyers-Milias-Brown Act, authorizes public employees, as defined, to form, join, and participate in the activities of employee organizations for the purpose of representation on matters of employer-employee relations. Existing law requires a public employer to deduct
dues or service fees paid to a recognized employee organization as required by an agency shop arrangement between the recognized employee organization and the employer. Existing law requires that agency fee obligations continue in effect as long as the employee organization is the recognized bargaining representative, as specified.
This bill would make a nonsubstantive change to the requirement that agency fee obligations continue in effect as long as the employee organization is the recognized bargaining representative, as described above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 45060 of the Education Code is amended to read:45060.
(a) Except as provided in Section 45061, the governing board of each school district, when drawing an order for the salary payment due to a certificated employee of the district, shall Unless
The
The
SEC. 2.
Section 87833 of the Education Code is amended to read:87833.
(a) Except as provided in Section 87834, the governing board of each community college district, when drawing an order for the salary payment due to an academic employee of the district, shall Unless
The
The
SEC. 3.
Section 1150 of the Government Code is amended to read:1150.
As used in this article:SEC. 4.
Section 1152 of the Government Code is amended to read:1152.
Deductions may be requested by employee organizations and bona fide associations from the salaries and wages of their members, and public employers shall honor these requests, as follows:SEC. 5.
Section 1153 of the Government Code is amended to read:1153.
The public employer or the Controller shall provide for the administration of payroll deductions as set forth in Sections 1151, 1151.5,(f)Decline to make salary services for any individual, organization, or entity if the Controller determines that it is not administratively feasible or practical, or if the Controller determines that the individual, organization, or entity requesting or receiving the salary service has failed to comply with any statute, rule, regulation, or
procedure for the administration of salary services.
SEC. 6.
Section 1157.3 of the Government Code is amended to read:1157.3.
(a) Employees, including retired employees, of a publicSEC. 7.
Section 1157.10 of the Government Code is repealed.Payroll deductions for state employees of public agencies, other than those under the uniform payroll system, shall be administered by the appropriate officer of the public agency. In administering payroll deductions the officer shall do all of the following:
(a)Make, cancel, or change a deduction at the request of the person or organization authorized to have the deduction. All requests shall be on forms approved by the public agency.
(b)Obtain a certification from any state agency, employee organization, or business entity requesting a deduction that they have, and will maintain, an authorization to make the deduction, signed by the individual from whose salary or wages the deduction is to be made.
(c)Provide for an agreement from organizations and business entities receiving deductions to relieve the public agency, its officers and employees, of any liability that may result from making, canceling, or changing requested deductions.
(d)Determine the cost of performing the requested deduction service and collect that cost from the organization, entity, or individual requesting or authorizing the deduction. Services requested which are incidental, but not necessary, to making the deduction may be performed at the public agency’s discretion, with any additional cost to be paid by the requester.
(e)Prior to making a deduction for an employee organization or a bona fide association, determine that the organization or association has been recognized or registered by the appropriate authority.
(f)Decline to make deductions for any individual, organization, or entity if the public agency determines that it is not administratively feasible or practical to make the deduction.
(g)Make, cancel, or change a deduction not later than the month subsequent to the month in which the request is received. All deductions, cancellations, or changes shall be effective when made by the public agency.
SEC. 8.
Section 71638 of the Government Code is amended to read:71638.
A trial court employee shall have the right toSEC. 9.
Section 71824 of the Government Code is amended to read:71824.
A court interpreter maySEC. 10.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.(a)Nothing in this chapter shall affect the right of a public employee to authorize a dues or service fees deduction from his or her salary or wages pursuant to Section 1157.1, 1157.2, 1157.3, 1157.4, 1157.5, or 1157.7.
(b)A public employer shall deduct the payment of dues or service fees to a recognized employee organization as required by an agency shop arrangement between the recognized employee organization and the public employer.
(c)Agency fee obligations, including, but not limited to, dues or agency fee deductions on behalf of a recognized employee organization, shall continue in
effect as long as the employee organization is the recognized bargaining representative, notwithstanding the expiration of an agreement between the public employer and the recognized employee organization.