Bill Text: CA AB2310 | 2015-2016 | Regular Session | Amended
Bill Title: State employees: memorandum of understanding.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2310 Detail]
Download: California-2015-AB2310-Amended.html
BILL NUMBER: AB 2310 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 15, 2016
INTRODUCED BY Assembly Member Santiago
FEBRUARY 18, 2016
An act to amend Section 77003 of the Government Code,
relating to courts. An act relating to state
employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2310, as amended, Santiago. Trial court funding.
State employees: memorandum of understanding.
Existing law provides that a provision of a memorandum of
understanding reached between the state employer and a recognized
employee organization representing state civil service employees that
requires the expenditure of funds does not become effective unless
approved by the Legislature in the annual Budget Act.
This bill would approve provisions of a memorandum of
understanding entered into between the state employer and State
Bargaining Unit 18 that require the expenditure of funds, and would
provide that these provisions will become effective even if these
provisions are approved by the Legislature in legislation other than
the annual Budget Act.
This bill would provide that provisions of the memorandum of
understanding approved by the bill that require the expenditure of
funds will not take effect unless funds for those provisions are
specifically appropriated by the Legislature, and would require the
state employer and the affected employee organization to meet and
confer to renegotiate the affected provisions if funds for those
provisions are not specifically appropriated by the Legislature.
Existing law establishes the Trial Court Trust Fund, the proceeds
of which are required to be apportioned for authorized purposes,
including apportionment to the trial courts to fund trial court
operations. Existing law, for the purpose of funding trial court
operations, authorizes the Judicial Council to establish bank
accounts for the superior courts, into which are deposited all moneys
appropriated in the Budget Act and allocated or reallocated to each
court by the Judicial Council, moneys held in trust, and other moneys
as deemed necessary or appropriate. "Court operations" is defined
for these purposes.
This bill would make technical, nonsubstantive changes to the
provision defining court operations.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that
the purpose of this act is to approve an agreement entered into by
the state employer and State Bargaining Unit 18 pursuant to Section
3517.5 of the Government Code.
SEC. 2. The provisions of the memorandum of
understanding prepared pursuant to Section 3517.5 of the Government
Code and entered into by the state employer and State Bargaining Unit
18, dated ____, and that require the expenditure of funds, are
hereby approved for the purposes of subdivision (b) of Section 3517.6
of the Government Code.
SEC. 3. The provisions of the memorandum of
understanding approved by Section 2 of this act that require the
expenditure of funds shall not take effect unless funds for these
provisions are specifically appropriated by the Legislature. If funds
for these provisions are not specifically appropriated by the
Legislature, the state employer and the affected employee
organization shall meet and confer to renegotiate the affected
provisions.
SEC. 4. Notwithstanding Section 3517.6 of the
Government Code, the provisions of the memorandum of understanding
included in Section 2 of this act that require the expenditure of
funds shall become effective even if the provisions of the memorandum
of understanding are approved by the Legislature in legislation
other than the annual Budget Act.
SECTION 1. Section 77003 of the Government Code
is amended to read:
77003. (a) As used in this chapter, "court operations" means all
of the following:
(1) Salaries, benefits, and public agency retirement contributions
for superior court judges and for subordinate judicial officers.
(A) For purposes of this paragraph, the term "subordinate judicial
officers" includes both of the following:
(i) All commissioner or referee positions created prior to July 1,
1997, including positions created in the municipal court prior to
July 1, 1997, which thereafter became positions in the superior court
as a result of unification of the municipal and superior courts in a
county, and including those commissioner positions created pursuant
to former Sections 69904, 70141, 70141.9, 70142.11, 72607, 73794,
74841.5, and 74908.
(ii) Any staff who provide direct support to commissioners.
(B) "Subordinate judicial officers" does not include commissioners
or staff who provide direct support to the commissioners whose
positions were created after July 1, 1997, unless approved by the
Judicial Council, subject to the availability of funding.
(2) The salary, benefits, and public agency retirement
contributions for other court staff.
(3) Court security, but only to the extent consistent with court
responsibilities under Article 8.5 (commencing with Section 69920) of
Chapter 5.
(4) Court-appointed counsel in juvenile court dependency
proceedings and counsel appointed by the court to represent a minor
pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of
Division 8 of the Family Code.
(5) Services and supplies relating to court operations.
(6) Collective bargaining under Sections 71630 and 71639.3 with
respect to court employees.
(7) Subject to paragraph (1) of subdivision (d) of Section 77212,
actual indirect costs for county and city and county general services
attributable to court operations, but specifically excluding, but
not limited to, law library operations conducted by a trust pursuant
to statute, courthouse construction, district attorney services,
probation services, indigent criminal defense, grand jury expenses
and operations, and pretrial release services.
(8) Except as provided in subdivision (b), and subject to Article
8.5 (commencing with Section 69920) of Chapter 5, other matters
listed as court operations in Rule 10.810 of the California Rules of
Court, as it read on January 1, 2007.
(b) However, "court operations" does not include collection
enhancements as defined in Rule 10.810 of the California Rules of
Court, as it read on January 1, 2007.
