Bill Text: CA AB478 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State employees: memorandum of understanding.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2013-09-27 - Chaptered by Secretary of State - Chapter 391, Statutes of 2013. [AB478 Detail]

Download: California-2013-AB478-Amended.html

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BILL NUMBER: AB 478	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 28, 2013

INTRODUCED BY   Assembly  Member   Gomez
  Members   Gomez   and Rendon 
    (   Coauthor:  Assembly Member  
Bonta   ) 
    (   Coauthor:   Senator   Galgiani
  ) 

                        FEBRUARY 19, 2013

   An act  to amend Section 22871.8 of, and to add Sections
12440.3, 12440.4, and 12440.5 to, the Government Code, 
relating to state  employees.   employees,
making an appropriation there   for, and declaring the
urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 478, as amended, Gomez. 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
  memoranda  of understanding entered into between
the state employer and  State Bargaining Unit 19, Health and
Social Services/Professional,   California Correctional
Peace Officer Association, State Bargaining Unit 6; California State
Law Enforcement Association, State Bargaining Unit 7; International
Union of Operating Engineers, State Bargaining Unit 12; Union of
American Physicians and Dentists, State Bargaining Unit 16;
California Association of Psychiatric Technicians, State Bargaining
Unit 18; and American Federation of State, County, and Municipal
Employees (AFSCME), and State Bargaining Unit 19,  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.
   The bill would provide that provisions of the memorandum of
understanding approved by this 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. 

   The bill would appropriate funds for expenditure in the 2013-14
fiscal year in augmentation of, and for the purpose of, state
employee compensation, as provided in the Budget Act of 2013, in
accordance with a specified schedule, from the General Fund,
unallocated special funds, and other unallocated nongovernmental cost
funds. The bill would also appropriate to the Controller from the
General Fund, unallocated special funds, including, but not limited
to, federal funds and unallocated nongovernmental cost funds, and any
other fund from which state employees are compensated, in the amount
necessary for the payment of compensation and employee benefits to
state employees for work performed between July 1 and the enactment
of the Budget Act in the 2014-15, 2015-16, and 2016-17 fiscal years
if the Budget Act is not enacted on or before July 1 in those fiscal
years.  
   Existing law provides that the employer contribution for each
employee in State Bargaining Units 16 and 19 shall be an amount equal
to 85% of the weighted average of the basic health benefit plan
premium for an active state civil service employee, as specified.
 
   This bill would instead provide that, beginning January 1, 2007,
the employer contribution for each employee shall be an amount equal
to 80% of the weighted average of the basic health benefit plan
premium for an active state civil service employee enrolled for self
alone, as specified.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
 no   yes  . Fiscal committee: 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 pursuant to Section 3517.5 of the
Government Code entered into by the state employer and State
Bargaining  Unit   Units 6, 7, 12, 16, 18, and
 19.
  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 19 
 California Correctional Peace Officer Association, State
Bargaining Unit 6, on August 20, 2013; California State Law
Enforcement Association, State Bargaining Unit 7, on August 25, 2013;
International Union of Operating Engineers, State Bargaining Unit
12, on August 9, 2013; Union of American Physicians and Dentists,
State Bargaining Unit 16, on July 18, 2013; California Association of
Psychiatric Technicians, State Bargaining Unit 18, on July 9, 2013;
and American   Federation of State, County, and Municipal
Employees (AFSCME), State Bargaining Unit 19, on August 7, 2013,
 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  
memoranda  of understanding approved  by  
in  Section 2 of this act  that are scheduled to take effect
on or after July 1, 2013, and  that require the expenditure of
 funds   funds,  shall not take effect
unless funds for  these   those  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.   the Legislature does not approve or fully
fund any provision of a memorandum of understanding approved in
Section 2 of this act that requires the expenditure of funds, either
party to the memorandum may reopen negotiations on all or part of the
memorandum of understanding. 
  SEC. 4.  Notwithstanding Section 3517.6 of the Government Code, the
provisions of the memorandum of understanding  included
  approved  in Section 2 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.
   SEC. 5.    (a)    The sum of
fourteen million eight hundred forty-nine thousand dollars
($14,849,000) is hereby appropriated   for State Bargaining
Unit 6 for expenditure in the 2013-14 fiscal year in augmentation of,
and for the purpose of, state employee compensation, as provided in
items 9800-001-0001, 9800-001-0494, and 9800-001-0988 of Section 2.00
of the Budget Act of 2013 (Chapter 20 of the Statutes of 2013) in
accordance with the following schedule:  
   (1) Fourteen million seven hundred forty-six thousand dollars
($14,746,000) from the General Fund in augmentation of Item
9800-001-0001.  
   (2) Sixty-nine thousand dollars ($69,000) from unallocated special
funds in augmentation of Item 9800-001-0494.  
   (3) Thirty-four thousand dollars ($34,000) from other unallocated
nongovernmental cost funds in augmentation of Item 9800-001-0988.
 
   (b) The sum of one million eighty-four thousand dollars
($1,084,000) is hereby appropriated for State Bargaining Unit 7 for
expenditure in the 2013-14 fiscal year in augmentation of, and for
the purpose of, state employee compensation, as provided in items
9800-001-0001, 9800-001-0494, and 9800-001-0988 of Section 2.0 of the
Budget Act of 2013 (Chapter 20 of the Statutes of 2013) in
accordance with the following schedule:  
   (1) Three hundred twenty thousand dollars ($320,000) from the
General Fund in augmentation of Item 9800-001-0001.  
   (2) Five hundred twelve thousand dollars ($512,000) from
unallocated special funds in augmentation of Item 9800-001-0494.
 
   (3) Two hundred fifty-two thousand dollars ($252,000) from other
unallocated nongovernmental cost funds in augmentation of item
9800-001-0988.  
   (c) The sum of one million five hundred ninety-seven thousand
dollars ($1,597,000) is hereby appropriated for State Bargaining Unit
12 for expenditure in the 2013-14 fiscal year in augmentation of,
and for the purpose of, state employee compensation as provided in
items 9800-001-0001, 9800-001-0494, and 9800-001-0988 of Section 2.0
of the Budget Act of 2013 (Chapter 20 of the Statutes of 2013) in
accordance with the following schedule:  
   (1) Five hundred sixteen thousand dollars ($516,000) from the
General Fund in augmentation of Item 9800-001-0001.  
   (2) Seven hundred twenty-four thousand dollars ($724,000) from
unallocated special funds in augmentation of Item 9800-001-0494.
 
   (3) Three hundred fifty-seven thousand dollars ($357,000) from
other unallocated nongovernmental cost funds in augmentation of Item
9800-001-0988.  
   (d) The sum of one million five thousand dollars ($1,005,000) is
hereby appropriated for State Bargaining Unit 18 for expenditure in
the 2013-14 fiscal year in augmentation of, and for the purpose of,
state employee compensation as provided in items 9800-001-0001,
9800-001-0494, and 9800-001-0988 of Section 2.0 of the Budget Act of
2013 (Chapter 20 of the Statutes of 2013) in accordance with the
following schedule:  
   (1) Nine hundred twenty-four thousand dollars ($924,000) from the
General Fund in augmentation of Item 9800-001-0001.  
   (2) Fifty-four thousand ($54,000) from unallocated special funds
in augmentation of Item 9800-001-0494.  
   (3) Twenty-seven thousand dollars ($27,000) from other unallocated
nongovernmental cost funds in augmentation of Item 9800-001-0988.
 
   (e) The sum of three thousand dollars ($3,000) is hereby
appropriated for State Bargaining Unit 19 for expenditure in the
2013-14 fiscal year in augmentation of, and for the purpose of, state
employee compensation as provided in items 9800-001-0001,
9800-001-0494, and 9800-001-0988 of Section 2.00 of the Budget Act of
2013, (Chapter 20 of the Statutes of 2013) in accordance with the
following schedule:  
   (1) Three thousand dollars ($3,000) from the General Fund in
augmentation of Item 9800-001-0001.  
   (2) Zero dollars ($0) from unallocated special funds in
argumentation of Item 9800-001-0494.  
   (3) Zero dollars ($0) from other unallocated nongovernmental cost
funds in augmentation of Item 9800-001-0988. 
   SEC. 6.    Section 12440.3 is added to the  
Government Code   , to read:  
   12440.3.  (a) Notwithstanding Section 13340, for the 2014-15
fiscal year, if the Budget Act of 2014 is not enacted on or before
July 1, 2014, for the memoranda of understanding entered into between
the state employer and State Bargaining Units 7, 16, 18, and 19
(effective July 1, 2013, to July 1, 2016, inclusive) and State
Bargaining Units 6 and 12 (effective July 1, 2013, to July 1, 2015,
inclusive), there is hereby continuously appropriated to the
Controller from the General Fund, unallocated special funds,
including, but not limited to, federal funds and unallocated
nongovernmental cost 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 covered by the
above memoranda of understanding until the Budget Act of 2014 is
enacted. The Controller may expend an amount no greater than
necessary to enable the Controller to compensate state employees
covered by the above memoranda of understanding for work performed
between July 1, 2014, of the 2014-15 fiscal year, and the enactment
of the Budget Act of 2014.
   (b) If the memoranda of understanding entered into between the
state employer and State Bargaining Units 7, 16, 18, and 19
(effective July 1, 2013, to July 1, 2016, inclusive) and State
Bargaining Units 6 and 12 (effective July 1, 2013, to July 1, 2015,
inclusive) are in effect and approved by the Legislature, the
compensation and contribution for employee benefits for state
employees represented by these bargaining units shall be at a rate
consistent with the applicable memorandum of understanding referenced
above.
   (c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority of
a department. Upon the enactment of the Budget Act of 2014, these
expenditures shall be subsumed by the expenditure authority approved
in the Budget Act of 2014 for each affected department.
   (d) This section shall only apply to an employee covered by the
terms of State Bargaining Units 7, 16, 18, and 19 (effective July 1,
2013, to July 1, 2016, inclusive) and State Bargaining Units 6 and 12
(effective July 1, 2013, to July 1, 2015, inclusive) memoranda of
understanding. Notwithstanding Section 3517.8, this section shall not
apply after the term of the memoranda of understanding have expired.
For purposes of this section, the memoranda of understanding for
State Bargaining Units 7, 16, 18, and 19 expire on July 1, 2016, and
the memoranda of understanding for State Bargaining Units 6 and 12
expire on July 1, 2015. 
   SEC. 7.    Section 12440.4 is added to the  
Government Code   , to read:  
   12440.4.  (a) Notwithstanding Section 13340, for the 2015-16
fiscal year, if the Budget Act of 2015 is not enacted on or before
July 1, 2015, for the memoranda of understanding entered into between
the state employer and State Bargaining Units 7, 16, 18, and 19
(effective July 1, 2013, to July 1, 2016, inclusive) and State
Bargaining Units 6 and 12 (effective July 1, 2013, to July 1, 2015,
inclusive), there is hereby continuously appropriated to the
Controller from the General Fund, unallocated special funds,
including, but not limited to, federal funds and unallocated
nongovernmental cost 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 covered by the
above memoranda of understanding until the Budget Act of 2015 is
enacted. The Controller may expend an amount no greater than
necessary to enable the Controller to compensate state employees
covered by the above memoranda of understanding for work performed
between July 1, 2015, of the 2015-16 fiscal year, and the enactment
of the Budget Act of 2015.
   (b) If the memoranda of understanding entered into between the
state employer and State Bargaining Units 7, 16, 18, and 19
(effective July 1, 2013, to July 1, 2016, inclusive) and State
Bargaining Units 6 and 12 (effective July 1, 2013, to July 1, 2015,
inclusive) are in effect and approved by the Legislature, the
compensation and contribution for employee benefits for state
employees represented by these bargaining units shall be at a rate
consistent with the applicable memorandum of understanding referenced
above.
   (c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority of
a department. Upon the enactment of the Budget Act of 2015, these
expenditures shall be subsumed by the expenditure authority approved
in the Budget Act of 2015 for each affected department.
   (d) This section shall only apply to an employee covered by the
terms of State Bargaining Units 7, 16, 18, and 19 (effective July 1,
2013, to July 1, 2016, inclusive) and State Bargaining Units 6 and 12
(effective July 1, 2013, to July 1, 2016, inclusive) memoranda of
understanding. Notwithstanding Section 3517.8, this section shall not
apply after the term of the memoranda of understanding have applied.
For purposes of this section, the memoranda of understanding have
expired. For purposes of this section, the memoranda of understanding
for State Bargaining Units 7, 16, 18, and 19 expire on July 1, 2016,
and the memoranda of understanding for State Bargaining Units 6 and
12 expire on July 1, 2015. 
   SEC. 8.    Section 12440.5 is added to the  
Government Code   , to read:  
   12440.5.  (a) Notwithstanding Section 13340, for the 2016-17
fiscal year, if the Budget Act of 2016 is not enacted on or before
July 1, 2016, for the memoranda of understanding entered into between
the state employer and State Bargaining Units 7, 16, 18, and 19
(effective July 1, 2013, to July 1, 2016, inclusive), there is hereby
continuously appropriated to the Controller from the General Fund,
unallocated special funds, including, but not limited to, federal
funds and unallocated nongovernmental cost 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
covered by the above memoranda of understanding until the Budget Act
of 2016 is enacted. The Controller may expend an amount no greater
than necessary to enable the Controller to compensate state employees
covered by the above memoranda of understanding for work performed
between July 1, 2016, of the 2016-17 fiscal year and the enactment of
the Budget Act of 2016.
   (b) If the memoranda of understanding entered into between the
state employer and State Bargaining Units 7, 16, 18, and 19
(effective July 1, 2013, to July 1, 2016, inclusive) are in effect
and approved by the Legislature, the compensation and contribution
for employee benefits for state employees represented by these
bargaining units shall be at a rate consistent with the applicable
memorandum of understanding referenced above.
   (c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority of
a department. Upon the enactment of the Budget Act of 2016, these
expenditures shall be subsumed by the expenditure authority approved
in the Budget Act of 2016 for each affected department.
   (d) This section shall only apply to an employee covered by the
terms of the State Bargaining Units 7, 16, 18, and 19 (effective July
1, 2013, to July 1, 2016, inclusive) memoranda of understanding.
Notwithstanding Section 3517.8, this section shall not apply after
the term of the memoranda of understanding have expired. For purposes
of this section, the memoranda of understanding for State Bargaining
Units 7, 16, 18, and 19 expire on July 1, 2016. 
   SEC. 9.    Section 22871.8 of the  
Government Code   is amended to   read: 
   22871.8.  (a) Notwithstanding Section 22871, subdivision (b) of
Section 22871.5, or any other provision of this article, the employer
contribution with respect to employees in State Bargaining Units 16
and 19 shall be as described in subdivision (b).
   (b) (1) From January 1, 2004, to December 31, 2005, inclusive, the
employer contribution for each employee shall be an amount equal to
80 percent of the weighted average of the basic health benefit plan
premiums for an active state civil service employee enrolled for self
alone, during the benefit year to which the formula is applied, for
the four basic health benefit plans that had the largest active state
civil service enrollment, excluding family members, during the
previous benefit year. For each employee with enrolled family
members, the employer shall contribute an additional 80 percent of
the weighted average of the additional premiums required for
enrollment of those family members, during the benefit year to which
the formula is applied, in the four basic health benefit plans that
had the largest active state civil service enrollment, excluding
family members, during the previous benefit year.
   (2) Beginning January 1, 2006, the employer contribution for each
employee shall be an amount equal to 85 percent of the weighted
average of the basic health benefit plan premium for an active state
civil service employee enrolled for self alone, during the benefit
year to which the formula is applied, for the four basic health
benefit plans that had the largest active state civil service
enrollment, excluding family members, during the previous benefit
year. For each employee with enrolled family members, the employer
shall contribute an additional 80 percent of the weighted average of
the additional premiums required for enrollment of those family
members, during the benefit year to which the formula is applied, in
the four basic health benefit plans that had the largest active state
civil service enrollment, excluding family members, during the
previous benefit year. 
   (3) Beginning January 1, 2007, the employer contribution for each
employee shall be an amount equal to 80 percent of the weighted
average of the basic health benefit plan premium for an active state
civil service employee enrolled for self alone, during the benefit
year to which the formula is applied, for the four basic health
benefit plans that had the largest active state civil service
enrollment, excluding family members, during the previous benefit
year. For each employee with enrolled family members, the employer
shall contribute an additional 80 percent of the weighted average of
the additional premiums required for enrollment of those family
members, during the benefit year to which the formula is applied, in
the four basic health benefit plans that had the largest active state
civil service enrollment, excluding family members, during the
previous benefit year. 
   (c) The employer contribution provided under this section is not
applicable unless and until the effective date of the employee's
enrollment in an approved health benefit plan.
   (d) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5 or Chapter 12 (commencing with Section 3560) of
Division 4 of Title 1, the memorandum of understanding shall be
controlling without further legislative action, except that if those
provisions require the expenditure of funds, the provisions may not
become effective unless approved by the Legislature.
   SEC. 10.    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 for the provisions of this act to be applicable as soon
as possible in the 2013-14 fiscal year and thereby facilitate the
orderly administration of state government at the earliest possible
time, it is necessary for this act to take effect immediately.