Bill Text: CA AB88 | 2009-2010 | Regular Session | Amended

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Bill Title: State employees: memoranda of understanding.

Spectrum: Unknown

Status: (Engrossed - Dead) 2009-09-12 - Read third time. Urgency clause refused adoption. (Ayes 25. Noes 4. Page 2453.) Motion to reconsider made by Senator Negrete McLeod. Reconsideration granted. (Ayes 39. Noes 0. Page 2453.) [AB88 Detail]

Download: California-2009-AB88-Amended.html

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BILL NUMBER: AB 88	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 4, 2009
	AMENDED IN SENATE  AUGUST 20, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009

INTRODUCED BY   Committee on Public Employees, Retirement and Social
Security

                        JANUARY 5, 2009

   An act relating to state employees, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 88, as amended, Committee on Public Employees, Retirement and
Social Security. State employees: memoranda of understanding.
   (1) Under existing law, 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 that require the expenditure of
funds pursuant to memoranda of understanding entered into between
the state employer and State Bargaining Units 1, 3, 4, 11, 14, 15,
17, 20, and 21, the Service Employees International Union, Local
1000, 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.
   (2) The annual Budget Act appropriates specified amounts from the
General Fund, unallocated special funds, and unallocated
nongovernmental cost funds, for state employee compensation.
   This bill would appropriate  $9,474,000  
$856,500,000  from those funds for state employee compensation
in augmentation of the Budget Act of 2009.
   (3) This bill would provide that provisions of the memoranda of
understanding approved by this bill that require the expenditure of
funds will not take effect unless funds for these provisions are
specifically appropriated by the Legislature, and would authorize
either party to reopen negotiations on all or part of a memorandum of
understanding if the Legislature does not approve or fully fund any
provision of the memorandum of understanding that requires the
expenditure of funds.
   (4) 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.  The Legislature finds and declares that the purpose of
this act is to approve agreements pursuant to Section  3517
  3517.5  of the Government Code entered into by
the state employer and State Bargaining Units 1, 3, 4, 11, 14, 15,
17, 20, and 21 on February 13, 2009, that require the expenditure of
funds.
  SEC. 2.  The provisions of the memoranda of understanding prepared
pursuant to Section 3517.5 of the Government Code and entered into by
the state employer and the following employee organizations, and
that require the expenditure of funds, are hereby approved for the
purposes of subdivision (b) of Section 3517.6 of the Government Code:

   (a) State Bargaining Unit 1, Service Employees International
Union, Local 1000.
   (b) State Bargaining Unit 3, Service Employees International
Union, Local 1000.
   (c) State Bargaining Unit 4, Service Employees International
Union, Local 1000.
   (d) State Bargaining Unit 11, Service Employees International
Union, Local 1000.
   (e) State Bargaining Unit 14, Service Employees International
Union, Local 1000.
   (f) State Bargaining Unit 15, Service Employees International
Union, Local 1000.
   (g) State Bargaining Unit 17, Service Employees International
Union, Local 1000.
   (h) State Bargaining Unit 20, Service Employees International
Union, Local 1000.
   (i) State Bargaining Unit 21, Service Employees International
Union, Local 1000.
  SEC. 3.  The provisions of the memoranda of understanding approved
by Section 2 of this act that are scheduled to take effect on or
after February 1, 2009, and that require the expenditure of funds,
shall not take effect unless funds for these provisions are
specifically appropriated by the Legislature. If the Legislature does
not approve or fully fund any provision of a memorandum of
understanding that requires the expenditure of funds, either party
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 any memorandum of understanding included 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.  The sum of  nine million four hundred seventy-four
thousand dollars ($9,474,000)   eight hundred fifty-six
million five hundred thousand dollars ($856,500,000)  is hereby
appropriated for expenditure in the 2009-10 fiscal year in
augmentation of, and for the purpose of, state employee compensations
as provided in Items 9800-001-0001, 9800-001-0494, and 9800-001-0988
of Section 2.00 of the Budget Act of 2009, in accordance with the
following schedule:
   (a)  Four million three hundred fifty-seven thousand
dollars ($4,357,000)  Three   hundred
ninety-four million four hundred thousand dollars ($394,400,000)
 from the General Fund in augmentation of Item 9800-001-0001.
   (b) Three million four hundred twenty-eight thousand
dollars ($3,428,000)   Three hundred nine million six
hundred thousand dollars ($309,600,000)  from unallocated
special funds in augmentation of Item 9800-001-0494.
   (c)  One million six hundred eighty-nine thousand dollars
($1,689,000)   One hundred fifty-two million five
hundred thousand dollars ($152,500,000)  from other unallocated
nongovernmental cost funds in augmentation of Item 9800-001-0988.
  SEC. 6.  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, and thereby facilitate the orderly administration of
state government at the earliest possible time, it is necessary that
this act take effect immediately.