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Legislative Report

ACSS monitors legislative activity that affects members. We maintain a current list of bills and measures that we either sponsor, support, oppose, or are simply keeping a close watch over. Read the legislative activity in its entirety on this page, or download the PDF version:

 Legislative Activity Report (Updated April 2, 2018)



ACSS Legislative Report

4/2/2018

Support

 

AB 183

(Lackey R)   Bill of Rights for State Excluded Employees.

 

Current Text: Amended: 5/25/2017  html   pdf

 

Introduced: 1/19/2017

 

Last Amend: 5/25/2017

 

Status: 9/7/2017-Ordered to inactive file at the request of Assembly Member Lackey.

 

Location: 9/7/2017-A. INACTIVE FILE

 

Summary: The existing Bill of Rights for State Excluded Employees (bill of rights) prescribes various rights and terms and conditions of employment for excluded employees, defined as certain supervisory, managerial, and confidential state employees, among other specified employees. This bill would amend the bill of rights to require the management of each state entity, as specified, on or before January 1, 2019, to develop policies for their supervisory employees regarding shift assignments, vacations, and overtime, and to meet with the supervisory employee organizations that represent the excluded employees. The bill would not apply to the Department of the California Highway Patrol.

 

 

Memo:

 

Support letter sent to Author -- 2/28/17

Support letter sent to Asm. PER&SS -- 3/27/17

Support letter sent to Asm. APPR -- 4/28/17

Support letter sent to Sen. PE&R -- 6/5/17

Support letter sent to Sen. APPR -- 6/19/17

 

AB 1912

(Rodriguez D)   Public employees’ retirement: joint powers agreements: liability.

 

Current Text: Amended: 3/19/2018  html   pdf

 

Introduced: 1/23/2018

 

Last Amend: 3/19/2018

 

Status: 3/20/2018-Re-referred to Com. on P.E., R., & S.S.

 

Location: 3/15/2018-A. P.E.,R. & S.S.

 

Summary: (1)Existing law establishes various public agency retirement systems, including, among others, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Judges’ Retirement System II, and various county retirement systems pursuant to the County Employees Retirement Law of 1937. These systems provide defined pension benefits to public employees based on age, service credit, and amount of final compensation. The Joint Exercise of Powers Act generally authorizes 2 or more public agencies, by agreement, to jointly exercise any common power. Under the act, if the agency is not one or more of the parties to the agreement but is a public entity, commission, or board constituted pursuant to the agreement, the debts, liabilities, and obligations of the agency are the debts, liabilities, and obligations of the parties to the agreement, unless the agreement specifies otherwise. Existing law also permits a party to an agreement to separately contract for, or assume responsibilities for, specific debts, liabilities, or obligations of the agency. Existing law, with respect to electrical loads, permits entities authorized to be community choice aggregators to participate as a group through a joint powers agency and to also specify in their joint powers agreement that the debts, liabilities, and obligations of the agency shall not be those of the members of the agency.This bill would eliminate the above provisions within the Joint Exercise of Powers Act and those related provisions for community choice aggregators that permit an agreement between one or more parties to specify otherwise as to their debts, liabilities, and obligations and that permit a party to separately contract for those debts, liabilities, or obligations.This bill contains other related provisions and other existing laws.

 

 

AB 1916

(Cooper D)   Civil service: Personnel Classification Plan: salary equalization.

 

Current Text: Introduced: 1/23/2018  html   pdf

 

Introduced: 1/23/2018

 

Status: 2/5/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 2/5/2018-A. P.E.,R. & S.S.

 

Summary: Existing law, the State Civil Service Act, provides for filling certain state positions through the process of examinations and the establishment of eligible lists and promotional lists. Existing law requires the Department of Human Resources to administer the Personnel Classification Plan for state civil service positions, including the allocation of every position to the appropriate class in the classification plan. This bill would require the Department of Human Resources to work with public employee bargaining units to develop a plan to evaluate all civil service classifications in order to determine which classifications have substantially similar work, as specified. The bill would require the department to prepare a plan, including a proposed timeline, to ensure the equality of the pay scale for equivalent classifications. The bill would require the department to submit the plan and timeline to the Legislature, not later than June 30, 2019.

 

 

Memo:

 

Support letter sent to Author -- 3/20/18

 

ACR 204

(Baker R)   Equal Pay Day.

 

Current Text: Introduced: 3/15/2018  html   pdf

 

Introduced: 3/15/2018

 

Status: 3/22/2018-Referred to Com. on RLS.

 

Location: 3/22/2018-A. RLS.

 

Summary: This measure would proclaim Tuesday, April 10, 2018, as Equal Pay Day in recognition of the need to eliminate the gender gap in earnings by women and to promote policies to ensure equal pay for all.

 

 

SB 76

(Nielsen R)   Excluded employees: arbitration.

 

Current Text: Amended: 6/29/2017  html   pdf

 

Introduced: 1/10/2017

 

Last Amend: 6/29/2017

 

Status: 9/11/2017-Ordered to inactive file on request of Assembly Member Calderon.

 

Location: 9/11/2017-A. INACTIVE FILE

 

Summary: The Bill of Rights for State Excluded Employees permits, among other things, excluded employee organizations to represent their excluded members in their employment relations, including grievances, with the state. That law defines excluded employees as all managerial employees, confidential employees, supervisory employees, as well as specified employees of the Department of Personnel Administration, the Department of Finance, the Controller’s office, the Legislative Counsel Bureau, the Bureau of State Audits, the Public Employment Relations Board, the Department of Industrial Relations, and the State Athletic Commission.This bill contains other related provisions.

 

 

Memo:

 

Co-Sponsor letter sent to Author -- 2/24/17

Co-Sponsor letter sent to Sen. JUD -- 4/14/17

Co-Sponsor letter sent to Sen. APPR -- 4/26/17

Co-Sponsor letter sent to Asm, PER&SS  -- 6/14/17

Co-Sponsor letter sent to Asm. JUD -- 6/22/17

Co-Sponsor letter sent to Asm. APPR -- 7/17/17

 

SB 646

(Galgiani D)   State Civil Service Act: adverse action: notice.

 

Current Text: Introduced: 2/17/2017  html   pdf

 

Introduced: 2/17/2017

 

Status: 9/13/2017-Ordered to inactive file on request of Assembly Member Calderon.

 

Location: 9/13/2017-A. INACTIVE FILE

 

Summary: The State Civil Service Act requires notice of any adverse action against any state employee for any cause for discipline based on any civil service law to be served within 3 years after the cause for discipline, upon which the notice is based, first arose. That act provides that an adverse action based on fraud, embezzlement, or the falsification of records is valid if notice of the adverse action is served within 3 years after the discovery of the fraud, embezzlement, or falsification. This bill would instead provide that for any adverse action not based on fraud, embezzlement, or falsification of records, if the cause for discipline was discovered on or after January 1, 2018, notice would be required to be served within one year of the discovery of the cause for discipline.

 

 

Memo:

 

Support letter sent to Author -- 4/28/17

Support letter sent to Sen. PE&R -- 4/28/17

Support letter sent to Sen. APPR -- 5/15/17

Support letter sent to Asm. PER&SS -- 6/14/17

 

SB 1166

(Pan D)   Public Employees’ Retirement System: contracting agency: contributions.

 

Current Text: Amended: 3/22/2018  html   pdf

 

Introduced: 2/14/2018

 

Last Amend: 3/22/2018

 

Status: 3/22/2018-From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

 

Location: 2/14/2018-S. RLS.

 

Summary: Existing law, the Public Employees’ Retirement Law (PERL), establishes the Public Employees’ Retirement System (PERS), which provides a defined benefit to members of the system, based on final compensation, credited service, and age at retirement, subject to certain variations, and is administered by its board of administration. PERL authorizes a public agency to contract to make its employees members of PERS and prescribes a process for this. PERL prohibits participating employers from failing or refusing to pay their contributions on time. PERL authorizes the board to charge interest on agency contributions due and unpaid.This bill would require a contracting agency that fails to make its required employer contributions on time to notify members and retired members of the delinquency by mail within 30 days of the payment having become delinquent.

 

 

SCA 2

(Newman D)   Motor vehicle fees and taxes: restriction on expenditures: appropriations limit.

 

Current Text: Amended: 3/30/2017  html   pdf

 

Introduced: 1/18/2017

 

Last Amend: 3/30/2017

 

Status: 4/17/2017-Ordered to inactive file on request of Senator Newman.

 

Location: 4/3/2017-S. INACTIVE FILE

 

Summary: (1)Article XIX of the California Constitution restricts the expenditure of revenues from taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes, and restricts the expenditure of revenues from fees and taxes imposed by the state upon vehicles or their use or operation to state administration and enforcement of laws regulating the use, operation, or registration of vehicles used upon the public streets and highways, as well as to street and highway and certain mass transit purposes. These restrictions do not apply to revenues from taxes or fees imposed under the Sales and Use Tax Law or the Vehicle License Fee Law.This measure would add Article XIXD to the California Constitution to require revenues derived from vehicle fees imposed under a specified chapter of the Vehicle License Fee Law to be used solely for transportation purposes. The measure would prohibit these revenues from being used for the payment of principal and interest on state transportation general obligation bonds that were authorized by the voters on or before November 8, 2016. The measure would prohibit the revenues from being used for the payment of principal and interest on state transportation general obligation bonds issued after that date unless the bond act submitted to the voters expressly authorizes that use. The measure would also prohibit the Legislature from borrowing these revenues, except as specified, or using them for purposes other than transportation purposes, as defined.This bill contains other related provisions and other existing laws.

 

 

Memo:

 

Support letter sent to all legislators - 4/4/17

Oppose

 

ACA 15

(Brough R)   Public employee retirement benefits.

 

Current Text: Introduced: 5/9/2017  html   pdf

 

Introduced: 5/9/2017

 

Status: 5/10/2017-From printer. May be heard in committee June 9.

 

Location: 5/9/2017-A. PRINT

 

Summary: Existing statutory law establishes various public agency retirement systems, including, among others, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Judges’ Retirement System II, and various county retirement systems pursuant to the County Employees Retirement Law of 1937, and these systems provide defined pension benefits to public employees based on age, service credit, and amount of final compensation. The California Constitution permits a city or county to adopt a charter for purposes of its governance that supersedes general laws of the state in regard to specified subjects, including compensation of city or county employees. The California Constitution establishes the University of California as a public trust with full powers of organization and government, subject only to specified limitations. Under their respective independent constitutional authority, charter cities and counties and the University of California may and have established retirement systems. The California Public Employees’ Pension Reform Act of 2013 (PEPRA) generally requires the retirement systems to which it applies to modify their provisions to conform with its requirements. PEPRA excepts from its provisions retirement systems established by charter cities and counties and the University of California. PEPRA requires the retirement systems that it regulates and that offer defined benefit plans to provide specified defined benefit formulas and prescribes requirements regarding employer and employee contributions to defined benefit pension plans.This measure would enact the Protecting Schools and Keeping Pension Promises Act of 2018. The measure would prohibit a government employer from enhancing employee pension benefits, as defined, without approval by the voters of the jurisdiction, and would prohibit a government employer from enrolling a new government employee, as defined, in a defined benefit pension plan without approval by the voters of the jurisdiction. The measure also would prohibit a government employer from paying more than 1/2 of the total cost of retirement benefits, as defined, for new government employees without approval by the voters of the jurisdiction. The measure would prohibit retirement boards from imposing charges or other financial conditions on a government employer that proposes to close a defined benefit pension plan to new members unless the voters or the sponsoring government employer approve those charges or conditions. The measure would require challenges to the legality of actions taken by a government employer or a retirement board to comply with its provisions to be brought in state or federal courts. The measure would prohibit its provisions from being interpreted to modify or limit disability benefits provided for government employees or death benefits for families of government employees, even if provided as part of a retirement benefits system, or from requiring voter approval of disability or death benefits. The measure would prescribe various requirements and prohibitions regarding its interpretation and the effect of any other competing measures, among other things.

 

 

SB 1032

(Moorlach R)   California Public Employees’ Retirement System: contract members: termination.

 

Current Text: Introduced: 2/8/2018  html   pdf

 

Introduced: 2/8/2018

 

Status: 3/15/2018-Set for hearing April 23.

 

Location: 2/22/2018-S. P.E. & R.

 

Calendar: 4/23/2018  2 p.m. or upon adjournment of Session - Rose Ann Vuich Hearing Room (2040)  SENATE PUBLIC EMPLOYMENT AND RETIREMENT, PAN, Chair

 

Summary: The Public Employees’ Retirement Law creates the California Public Employees’ Retirement System (PERS) for the purpose of providing pension benefits to state employees and employees of contracting agencies and prescribes the rights and duties of members of the system and their beneficiaries. Existing law establishes the Board of Administration of the Public Employees’ Retirement System to administer the system, among other things. Existing law authorizes any public agency to participate in and make all or part of its employees members of PERS by contract, as provided, and authorizes a contracting agency to terminate its contract if the contract has been in effect for at least 5 years. Under existing law, the board is required to hold the accumulated contributions from a terminated contract in a terminated agency pool, as specified, for the benefit of the members. Existing law requires the terminating contracting agency to contribute to the terminated agency pool the difference between the accumulated contributions and the board’s pension liability for the contracting agency’s members, as provided.This bill would authorize a contracting agency to terminate its contract with the board at the agency’s will and would not require the contracting agency to fully fund the board’s pension liability upon termination of the contract. The bill would authorize the board to reduce the member’s benefits in the terminated agency pool by the percentage of liability unfunded. The bill would also authorize a contracting agency who terminates its contract with the board to transfer the assets accumulated in the system to a pension provider designated by the contracting agency.

 

 

SB 1033

(Moorlach R)   Public employees’ retirement: reciprocal benefits: actuarial liability.

 

Current Text: Introduced: 2/8/2018  html   pdf

 

Introduced: 2/8/2018

 

Status: 3/15/2018-Set for hearing April 23.

 

Location: 2/22/2018-S. P.E. & R.

 

Calendar: 4/23/2018  2 p.m. or upon adjournment of Session - Rose Ann Vuich Hearing Room (2040)  SENATE PUBLIC EMPLOYMENT AND RETIREMENT, PAN, Chair

 

Summary: Existing law, the Public Employees’ Retirement Law (PERL), creates the Public Employees’ Retirement System (PERS) and authorizes local entities to join PERS as contracting agencies for the provision of benefits to their employees. Existing law authorizes retirement systems to enter into agreements to provide certain reciprocal benefits to employees that are employed by other agencies that are parties to the agreement if the employees meet specified requirements, a practice commonly referred to as reciprocity. Reciprocity provides for the application of the final compensation paid by a subsequent employer to service provided to a prior employer. PERL provides that a public agency that has agreed to reciprocity with PERS also has reciprocity with all other agencies that have entered into those agreements with PERS, among others. PERL requires the Board of Administration of PERS to ensure that a contracting agency that creates a significant increase in actuarial liability as a result of increased compensation paid to a nonrepresented employee bears the associated liability, except as specified, including a portion that would otherwise be bourne by another contracting agency. PERL requires the system actuary to assess an increase in liability, in this regard, to the employer that created it at the time the increase is determined and to make adjustments to that employer’s contribution rates to account for the increased liability. This bill would require that an agency participating in PERS that increases the compensation of a member who was previously employed by a different agency to bear all actuarial liability for the action, if it results in an increased actuarial liability beyond what would have been reasonably expected for the member. The bill would require, in this context, that the increased actuarial liability be in addition to reasonable compensation growth that is anticipated for a member who works for an employer or multiple employers over an extended time. The bill would require, if multiple employers cause increased liability, that the liability be apportioned equitably among them. The bill would apply to an increase in actuarial liability, as specified, due to increased compensation paid to an employee on and after January 1, 2019.

 

 

SB 1149

(Glazer D)   Public employees’ retirement: defined contribution program.

 

Current Text: Introduced: 2/14/2018  html   pdf

 

Introduced: 2/14/2018

 

Status: 3/15/2018-Set for hearing April 9.

 

Location: 2/22/2018-S. P.E. & R.

 

Calendar: 4/9/2018  2 p.m. or upon adjournment of Session - Rose Ann Vuich Hearing Room (2040)  SENATE PUBLIC EMPLOYMENT AND RETIREMENT, PAN, Chair

 

Summary: The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS), which provides a defined benefit to members of the system, based on final compensation, credited service, and age at retirement, subject to certain variations. PERL vests management and control of PERS in the Board of Administration. This bill would create a new optional defined contribution plan for new state employees who are eligible to become members of PERS and who choose not to make contributions into the defined benefit program under PERL. The bill would require state employees who opt to participate in this alternate system to contribute the same percent of compensation as similarly situated employees who contribute to the defined pension program, subject to applicable limits of federal law. The bill would authorize an employee in the defined contribution program, after 5 years, to have the right to continue in the program or switch to the defined benefit plan, subject to certain terms and conditions. The bill would require the Department of Human Resources to administer the defined contribution retirement program established by the bill. This bill contains other existing laws.

 

 

SCA 8

(Moorlach R)   Public employee retirement benefits.

 

Current Text: Introduced: 2/15/2017  html   pdf

 

Introduced: 2/15/2017

 

Status: 6/20/2017-June 26 set for first hearing canceled at the request of author.

 

Location: 2/23/2017-S. P.E. & R.

 

Summary: Existing statutory law establishes various public agency retirement systems, including, among others, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Judges’ Retirement System II, and various county retirement systems pursuant to the County Employees Retirement Law of 1937, and these systems provide defined pension benefits to public employees based on age, service credit, and amount of final compensation. The California Constitution permits a city or county to adopt a charter for purposes of its governance that supersedes general laws of the state in regard to specified subjects, including compensation of city or county employees. The California Constitution establishes the University of California as a public trust with full powers of organization and government, subject only to specified limitations. Under their respective independent constitutional authority, charter cities and counties and the University of California may and have established retirement systems. The California Public Employees’ Pension Reform Act of 2013 (PEPRA) generally requires the retirement systems to which it applies to modify their provisions to conform with its requirements. PEPRA excepts from its provisions retirement systems established by charter cities and counties and the University of California. PEPRA requires the retirement systems that it regulates and that offer defined benefit plans to provide specified defined benefit formulas and prescribes requirements regarding employer and employee contributions to defined benefit pension plans.This measure would permit a government employer to reduce retirement benefits that are based on work not yet performed by an employee regardless of the date that the employee was first hired, notwithstanding other provisions of the California Constitution or any other law. The measure would prohibit it from being interpreted to permit the reduction of retirement benefits that a public employee has earned based on work that has been performed, as specified. The measure would define government employer and retirement benefits for the purposes of its provisions.

 

 

SCA 10

(Moorlach R)   Public employee retirement benefits.

 

Current Text: Introduced: 2/17/2017  html   pdf

 

Introduced: 2/17/2017

 

Status: 6/20/2017-June 26 set for first hearing canceled at the request of author.

 

Location: 3/2/2017-S. P.E. & R.

 

Summary: Existing statutory law establishes various public agency retirement systems, including, among others, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Judges’ Retirement System II, and various county retirement systems pursuant to the County Employees Retirement Law of 1937, and these systems provide defined pension benefits to public employees based on age, service credit, and amount of final compensation. The California Constitution permits a city or county to adopt a charter for purposes of its governance that supersedes general laws of the state in regard to specified subjects, including compensation of city or county employees. The California Constitution establishes the University of California as a public trust with full powers of organization and government, subject only to specified limitations. Under their respective independent constitutional authority, charter cities and counties and the University of California may and have established retirement systems. The California Public Employees’ Pension Reform Act of 2013 (PEPRA) generally requires the retirement systems to which it applies to modify their provisions to conform with its requirements. PEPRA excepts from its provisions the retirement systems established by charter cities and counties and the University of California. PEPRA requires the retirement systems that it regulates and that offer defined benefit plans to provide specified defined benefit formulas, and prescribes requirements regarding employer and employee contributions to defined benefit pension plans. This measure would prohibit a government employer from providing public employees any retirement benefit increase until that increase is approved by a 2/3 vote of the electorate of the applicable jurisdiction and that vote is certified. The measure would define retirement benefit to mean any postemployment benefit and would define benefit increase as any change that increases the value of an employee’s retirement benefit. The measure would define a government employer to include, among others, the state and any of its subdivisions, cities, counties, school districts, special districts, the Regents of the University of California, and the California State University.

 

Watch

 

AB 86

(Calderon D)   Government innovation fellows program.

 

Current Text: Amended: 6/20/2017  html   pdf

 

Introduced: 1/5/2017

 

Last Amend: 6/20/2017

 

Status: 9/1/2017-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. SUSPENSE FILE on 7/10/2017)(May be acted upon Jan 2018)

 

Location: 9/1/2017-S. 2 YEAR

 

Summary: Existing law establishes within the Governor’s office the Government Operations Agency, which consists of several state agencies, including the Department of General Services and the Department of Technology, and is governed by the Secretary of Government Operations.This bill would require the Government Operations Agency to establish and administer the government innovation fellows program to identify opportunities to apply advanced skillsets and innovative practices in effective ways to improve the delivery of state governmental services through the selection and assignment of fellows within state agencies. The bill would require, prior to the selection and assignment of a fellow, and with existing resources, the Government Operations Agency to consult with state agencies, private entities, or other nongovernmental sources to obtain resources and administrative support for the program, including necessary equipment, and other related costs necessary for a fellow to complete an assigned project. The bill would make, among other things, selection and assignment of fellows contingent upon the receipt of sufficient funds, as determined by the agency, from private or other nongovernmental sources. The bill would require fellows to serve for a term not to exceed 2 years and would prohibit fellows selected for the program from obtaining civil service status and supplanting the work of civil service employees of the state. The bill would authorize the Government Operations Agency to enter into a personal services contract to provide compensation to the fellow if specified conditions are met.

 

 

AB 157

(Wood D)   Small group market: single risk pool: index rate.

 

Current Text: Introduced: 1/12/2017  html   pdf

 

Introduced: 1/12/2017

 

Status: 9/13/2017-Ordered to inactive file at the request of Senator Hernandez.

 

Location: 9/13/2017-S. INACTIVE FILE

 

Summary: Existing federal law, the federal Patient Protection and Affordable Care Act, creates various premium stabilization programs, such as the transitional reinsurance program and the risk adjustment program, to stabilize premiums in the individual market inside and outside of the Exchanges. Under the transitional reinsurance program, contributions are collected from contributing entities to fund reinsurance payments to issuers of nongrandfathered reinsurance-eligible individual and small group market plans and the administrative costs of operating the reinsurance program for the 2014, 2015, and 2016 benefit years.This bill would delete the reference to the federal transitional reinsurance program in these provisions.This bill contains other existing laws.

 

 

AB 161

(Levine D)   Department of Finance: infrastructure investment.

 

Current Text: Introduced: 1/13/2017  html   pdf

 

Introduced: 1/13/2017

 

Status: 9/1/2017-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. on 6/27/2017)(May be acted upon Jan 2018)

 

Location: 9/1/2017-S. 2 YEAR

 

Summary: Existing law creates the Department of Finance and provides that the department has general powers of supervision over all matters concerning the financial and business policies of the state.This bill would authorize the Department of Finance to identify infrastructure projects in the state for which the department will guarantee a rate of return on investment for an investment made in that infrastructure project by the Public Employees’ Retirement System. The bill would create the Reinvesting in California Special Fund as a continuously appropriated fund and would require the moneys in the fund to be used to pay the rate of return on investment. The bill would require the rate of return on investment to be subject to the availability of moneys in the fund. The bill would also state the intent of the Legislature to identify special funds to be transferred into the fund for the purposes of these provisions. By creating a new continuously appropriated fund, this bill would make an appropriation.This bill contains other existing laws.

 

 

AB 315

(Wood D)   Pharmacy benefit management.

 

Current Text: Amended: 7/11/2017  html   pdf

 

Introduced: 2/6/2017

 

Last Amend: 7/11/2017

 

Status: 9/7/2017-Ordered to inactive file at the request of Senator Hernandez.

 

Location: 9/7/2017-S. INACTIVE FILE

 

Summary: Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy. A violation of the Pharmacy Law is a crime. Existing law also imposes requirements on audits of pharmacy services provided to beneficiaries of a health benefit plan, as specified.This bill would require pharmacy benefit managers, as defined, to be registered with the Department of Managed Health Care, as prescribed. The bill would require the department to develop applications for the registration, and would specify certain information to be provided in those applications. The bill would authorize the department to charge a fee for registration, as specified. The bill would authorize the director of the department to suspend the registration of a pharmacy benefit manager under specified circumstances.This bill contains other related provisions.

 

 

AB 526

(Cooper D)   County employees’ retirement: districts: retirement system governance.

 

Current Text: Amended: 5/18/2017  html   pdf

 

Introduced: 2/13/2017

 

Last Amend: 5/18/2017

 

Status: 7/21/2017-Failed Deadline pursuant to Rule 61(a)(11). (Last location was P.E. & R. on 5/18/2017)(May be acted upon Jan 2018)

 

Location: 7/21/2017-S. 2 YEAR

 

Summary: (1)The County Employees Retirement Law of 1937 (CERL) authorizes counties to establish retirement systems pursuant to its provisions in order to provide pension benefits to their employees. CERL defines a district for these purposes, includes specified county retirement systems within that definition, and permits a district to participate in CERL retirement systems. CERL generally provides that the personnel of a county retirement system are county employees, subject to county civil service provisions and salary ordinances, but also authorizes the boards of retirement in specified counties to adopt provisions providing for the appointment of personnel who are to be employees of the retirement system, as well as other administrative provisions that reflect the independence of the retirement system from the county.This bill would define the Sacramento County retirement system as a district under CERL. The bill would authorize the board to adopt, by resolution, specified administrative provisions that would classify various personnel of the retirement system as employees of the retirement system and not employees of the county. The bill would require the retirement system to notify, and to meet and discuss with, participating employers in the retirement system, the employees of the system, and specified employee organizations, regarding the retirement system’s intent to exercise this authority at least 60 days before considering a resolution to make these provisions applicable. The bill would grant an employee organization representing people who work for the retirement system, and an unrepresented person who works for the retirement system, the right to elect to be employees of the retirement system, which would be irrevocable, except as specified, and the status of the affected employee positions would remain changed for successor employees. In regard to county employees who would become retirement system employees, the bill would prescribe requirements in connection with their compensation and employment benefits and status. These provisions would include maintaining their county retirement benefits that would otherwise be reduced under PEPRA, keeping their employment classifications, providing for the transfer of leave balances accrued as county employees to the retirement system, as specified, and affording employees the opportunity to continue participation in group health and dental plans, among other things. The bill would prescribe requirements regarding labor negotiations and the continuity of labor agreements. The bill would grant the retirement system the authority to adopt the regulations and enter into the agreements necessary to implement them. The bill would require counties to cooperate and act in a timely manner to establish and implement agreements in this regard. The bill would make technical and conforming changes.This bill contains other related provisions and other existing laws.

 

 

AB 587

(Chiu D)   State government: pharmaceuticals: procurement: collaborative.

 

Current Text: Amended: 7/12/2017  html   pdf

 

Introduced: 2/14/2017

 

Last Amend: 7/12/2017

 

Status: 9/1/2017-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. on 7/12/2017)(May be acted upon Jan 2018)

 

Location: 9/1/2017-S. 2 YEAR

 

Summary: Existing law requires specified state agencies to participate in a prescription drug bulk purchasing program, authorizes the Department of General Services to enter into exclusive or nonexclusive contracts on a bid or negotiated basis with manufacturers and suppliers of single-source or multisource drugs and to obtain from those manufacturers and suppliers discounts, rebates, or refunds based on quantities purchased insofar as permissible under federal law, and authorizes the department to appoint and contract with a pharmaceutical benefits manager, as specified. Existing law authorizes the Department of General Services to explore additional strategies for managing prescription drug costs and investigate and implement those strategies in consultation with other specified state agencies.This bill would revise these provisions and instead require the department to convene the California Pharmaceutical Collaborative cochaired by the Deputy Director of the Procurement Division of the department and the Assistant Secretary of California Health and Human Services to address the rising cost of pharmaceuticals. The bill would require the Department of Corrections and Rehabilitation, the Department of Veterans Affairs, the California Health and Human Services Agency, the Department of Finance, the Government Operations Agency, and the Labor and Workforce Development Agency, among other entities, to each appoint a representative to the collaborative and to participate as members. The bill would also require the Speaker of the Assembly and the President pro Tempore of the Senate each to appoint one member to the collaborative.This bill contains other related provisions.

 

 

AB 827

(Rubio D)   Department of Consumer Affairs: task force: foreign-trained professionals.

 

Current Text: Amended: 4/3/2017  html   pdf

 

Introduced: 2/16/2017

 

Last Amend: 4/3/2017

 

Status: 9/1/2017-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. SUSPENSE FILE on 7/17/2017)(May be acted upon Jan 2018)

 

Location: 9/1/2017-S. 2 YEAR

 

Summary: Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law establishes the Bagley-Keene Open Meeting Act, which requires state boards, commissions, and similar state-created multimember bodies to give public notice of meetings and conduct their meetings in public unless authorized to meet in closed session.This bill, the California Opportunity Act of 2017, would require the Department of Consumer Affairs to create a task force, as specified, to study and write a report of its findings and recommendations regarding the licensing of foreign-trained professionals with the goal of integrating foreign-trained professionals into the state’s workforce, as specified. The bill would authorize the task force to hold hearings and invite testimony from experts and the public to gather information. The bill would require the task force to submit the report to the Legislature no later than January 1, 2019, as specified.This bill contains other related provisions.

 

 

AB 1013

(Low D)   Chiropractors.

 

Current Text: Amended: 1/3/2018  html   pdf

 

Introduced: 2/16/2017

 

Last Amend: 1/3/2018

 

Status: 1/29/2018-Read third time. Passed. Ordered to the Senate. In Senate. Read first time. To Com. on RLS. for assignment.

 

Location: 1/29/2018-S. DESK

 

Summary: Existing law, the Chiropractic Act, enacted by initiative, provides for the licensure and regulation of chiropractors by the State Board of Chiropractic Examiners. Under the act, on and after January 1, 2019, each person practicing chiropractic, after a license has been issued, is annually required to pay the board a renewal fee of $250. Existing law authorizes the Legislature to fix these fees. Existing law directs the deposit of these funds into the State Board of Chiropractic Examiners’ Fund, a continuously appropriated fund.This bill, on and after January 1, 2019, would revise the annual renewal fee to be no more than $250, as determined by the board. The bill would also make additional nonsubstantive changes.

 

 

AB 1017

(Santiago D)   Collective bargaining agreements: arbitration: litigation.

 

Current Text: Amended: 7/5/2017  html   pdf

 

Introduced: 2/16/2017

 

Last Amend: 7/5/2017

 

Status: 9/15/2017-Ordered to the Senate. In Senate. Held at Desk.

 

Location: 9/15/2017-S. DESK

 

Summary: Existing law, with regard to disputes concerning collective bargaining agreements for private employment, requires a court to award attorney’s fees to a prevailing party in an action to compel arbitration of the disputes unless the other party has raised substantial and credible issues involving complex or significant questions of law or fact regarding whether or not the dispute is arbitrable. Existing law also creates, in this context, a right to attorney’s fees for a prevailing party in a court action to compel compliance with the decision or award of an arbitrator or grievance panel regarding the disputes, or for a prevailing appellee in the appeal of the decision of an arbitrator regarding the disputes, unless the other party or appellant, respectively, has raised substantial issues involving complex or significant questions of law.This bill contains other existing laws.

 

 

AB 1080

(Gonzalez Fletcher D)   Public contracts: bid preferences: employee health care coverage.

 

Current Text: Amended: 7/3/2017  html   pdf

 

Introduced: 2/16/2017

 

Last Amend: 7/3/2017

 

Status: 9/15/2017-Ordered to inactive file at the request of Senator Monning.

 

Location: 9/15/2017-S. INACTIVE FILE

 

Summary: Existing law imposes various requirements with respect to contracting by public entities.This bill would require a state agency awarding specified contracts to provide a 5% bid preference to a bidder or subcontractor that provided credible health care coverage, as defined, to employees during the 12-month period immediately preceding submission of the bid. The bill would require a bidder and its subcontractors to submit claim statements, on a form developed by the Department of General Services with the Department of Industrial Relations, certifying that the bidder and all of the listed subcontractors qualify for the bid preference. The bill would require the bidder and contractors to continue to provide credible health care coverage to employees, as specified. The bill would impose civil penalties for bidder and contractor violations of those requirements.

 

 

AB 1597

(Nazarian D)   Public employee retirement systems: prohibited investments: Turkey.

 

Current Text: Amended: 6/22/2017  html   pdf

 

Introduced: 2/17/2017

 

Last Amend: 6/22/2017

 

Status: 7/14/2017-Failed Deadline pursuant to Rule 61(a)(10). (Last location was P.E. & R. on 6/14/2017)(May be acted upon Jan 2018)

 

Location: 7/14/2017-S. 2 YEAR

 

Summary: The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the retirement fund and system. The California Constitution qualifies this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board. Existing law prohibits the boards of administration of the Public Employees’ Retirement System and State Teachers’ Retirement System from making investments in certain countries and in thermal coal companies, as specified, subject to the boards’ plenary authority and fiduciary responsibility for investment of moneys and administration of the systems.This bill would prohibit the boards of administration of the Public Employees’ Retirement System and State Teachers’ Retirement System from making additional or new investments, or renewing existing investments, of public employee retirement funds in an investment vehicle in Turkey that is issued by the government of Turkey or that is owned, controlled, or managed by the government of Turkey. The bill would require the boards to liquidate existing investments in Turkey in these types of investment vehicles within 6 months of the passage of a federal law imposing sanctions on Turkey. The bill would require these boards, within one year of the passage of a federal law imposing sanctions on Turkey, to make a specified report to the Legislature and the Governor regarding these actions. The bill would provide that its provisions do not require a board to take any action that the board determines in good faith is inconsistent with its constitutional fiduciary responsibilities to the retirement system. The bill would indemnify from the General Fund and hold harmless the present, former, and future board members, officers, and employees of, and investment managers under contract with, the boards, in connection with actions relating to these investments.

 

 

AB 1756

(Brough R)   Transportation funding.

 

Current Text: Introduced: 1/4/2018  html   pdf

 

Introduced: 1/4/2018

 

Status: 1/16/2018-Referred to Com. on TRANS.

 

Location: 1/16/2018-A. TRANS.

 

Summary: Existing law, the Road Repair and Accountability Act of 2017, establishes a comprehensive transportation funding program by increasing the motor vehicle fuel (gasoline) tax by $0.12 per gallon with an inflation adjustment, increasing the diesel excise tax by $0.20 per gallon with an inflation adjustment, creating a new transportation improvement fee imposed under the Vehicle License Fee Law with a varying fee between $25 and $175 based on vehicle value and with an inflation adjustment, creating a new $100 annual vehicle registration fee applicable only to zero-emission vehicles model year 2020 and later and with an inflation adjustment, and increasing the additional sales and use tax rate on diesel fuel by an additional 4%. The act provides that the fuel excise tax increases take effect on November 1, 2017, the transportation improvement fee takes effect on January 1, 2018, the zero-emission vehicle registration fee takes effect on July 1, 2020, and the additional sales and use tax rate increases take effect on November 1, 2017. The act provides for the expenditure of the revenues generated from these charges pursuant to specified to programs and other requirements.This bill would repeal the Road Repair and Accountability Act of 2017.This bill contains other related provisions.

 

 

AB 1806

(Ting D)   Budget Act of 2018.

 

Current Text: Introduced: 1/10/2018  html   pdf

 

Introduced: 1/10/2018

 

Status: 1/29/2018-Referred to Com. on BUDGET.

 

Location: 1/29/2018-A. BUDGET

 

Summary: This bill would make appropriations for the support of state government for the 2018–19 fiscal year.This bill contains other related provisions.

 

 

AB 1866

(Fong R)   Transportation funding.

 

Current Text: Introduced: 1/12/2018  html   pdf

 

Introduced: 1/12/2018

 

Status: 1/29/2018-Referred to Com. on TRANS.

 

Location: 1/29/2018-A. TRANS.

 

Summary: (1)Existing law provides various sources of funding for transportation purposes, including funding for the state highway system and the local street and road system. These funding sources include, among others, fuel excise taxes, commercial vehicle weight fees, local transactions and use taxes, and federal funds. Existing law imposes certain registration fees on vehicles, with revenues from these fees deposited in the Motor Vehicle Account and used to fund the Department of Motor Vehicles and the Department of the California Highway Patrol. Existing law provides for the monthly transfer of excess balances in the Motor Vehicle Account to the State Highway Account.This bill would create the Traffic Relief and Road Improvement Program to address traffic congestion and deferred maintenance on the state highway system and the local street and road system. The bill would provide for the deposit of various existing sources of revenue in the Traffic Relief and Road Improvement Account, which the bill would create in the State Transportation Fund, including revenues attributable to the sales and use tax on motor vehicles, revenues attributable to automobile and motor vehicle insurance policies from the insurer gross premiums tax, revenues from certain diesel fuel sales and use taxes, revenues from certain vehicle registration fees, and certain miscellaneous State Highway Account revenues.This bill contains other related provisions and other existing laws.

 

 

AB 1902

(Levine D)   Eligible employers: personal services contracts.

 

Current Text: Amended: 3/22/2018  html   pdf

 

Introduced: 1/22/2018

 

Last Amend: 3/22/2018

 

Status: 3/22/2018-From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

 

Location: 2/5/2018-A. L. & E.

 

Summary: Existing law permits state agencies to enter into personal services contracts with firms when certain conditions are met. These conditions include requiring a state agency that enters into a personal services contract for janitorial and housekeeping services, custodians, food service workers, laundry workers, window cleaners, and security guards to include provisions for employee wages that are valued at least 85% of the state’s cost of wages provided to state employees performing similar duties.This bill would require the Department of Industrial Relations to, by January 1, 2020, and annually thereafter, develop a list of eligible employers that the department determines are valued at least $1,000,000,000. The bill would require an eligible employer that enters into a personal services contract, as defined, on or after January 1, 2020, to include a provision in that contract that requires the employees that will perform the services in that contract to be paid a wage that is equal to an unspecified amount. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.This bill contains other related provisions and other existing laws.

 

 

AB 1937

(Santiago D)   Public employment: payroll deductions.

 

Current Text: Amended: 3/20/2018  html   pdf

 

Introduced: 1/25/2018

 

Last Amend: 3/20/2018

 

Status: 3/21/2018-Re-referred to Com. on P.E., R., & S.S.

 

Location: 3/19/2018-A. P.E.,R. & S.S.

 

Summary: Existing law prescribes various duties of the Controller in connection with deductions requested by employee organizations and other bona fide organizations regarding requests for deductions from the salaries and wages of their members. Existing law defines employee organization in this context as one which represents employees of the state or the California State University and which is registered or recognized, as specified, and defines bona fide organization as an organization of employees or former employees of an agency of the state and the California State University, which does not have as one of its purposes representing employees in their employment relations. Existing law prescribes the duties of the governing boards of school districts in regard to requests by certificated employees for deductions from the salaries and wages, and prescribes similar duties for the governing boards of community college districts. Existing law authorizes a trial court employee or interpreter to permit a dues deduction from his or her salary in the same manner provided to public agency employees pursuant to specified law applicable to the state and the Controller, as described above.This bill would revise and recast these provisions. The bill would expand certain authorizations and requirements currently applicable to the Controller and employees of the state and California State University to apply also to the Regents of the University of California, the Judicial Council, counties, cities, and public authorities, including transit districts, among others, and would correspondingly broaden the definition of an employee organization. In this context, the bill would authorize employee organizations and bona fide associations to request payroll deductions and would require public employers to honor these requests. The bill would authorize public employers to make rules and regulations for the administration of specified payroll deductions, subject to meeting and conferring with the applicable employee organizations. The bill would delete the requirement that requests be made on forms approved by the Controller. This bill contains other related provisions and other existing laws.

 

 

AB 1938

(Burke D)   Employment discrimination: familial status.

 

Current Text: Amended: 3/5/2018  html   pdf

 

Introduced: 1/25/2018

 

Last Amend: 3/5/2018

 

Status: 3/8/2018-In committee: Set, first hearing. Hearing canceled at the request of author.

 

Location: 2/5/2018-A. L. & E.

 

Summary: Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Existing law prohibits, among other things, an employer or employment agency from printing or circulating a publication, or making a nonjob-related inquiry of an employee or applicant, either verbally or on an application form, that expresses any limitation, specification, or limitation based upon, among other things, a person’s race, religion, national origin, or gender.This bill would, in addition, prohibit an employer or other covered entity or employment agency from printing or circulating a publication, or making a nonjob-related inquiring of an employee or applicant, that expresses any limitation, specification, or limitation based upon a person’s familial status, as defined. The bill would make related findings and declarations. The bill would allow an employer to receive information regarding familial status that is provided by a prospective employee voluntarily and without prompting.

 

 

AB 2004

(Obernolte R)   Big Bear Fire Agencies Pension Consolidation Act of 2018.

 

Current Text: Introduced: 2/1/2018  html   pdf

 

Introduced: 2/1/2018

 

Status: 3/22/2018-Read third time. Urgency clause adopted. Passed. Ordered to the Senate. In Senate. Read first time. To Com. on RLS. for assignment.

 

Location: 3/22/2018-S. DESK

 

Summary: The County Employees Retirement Law of 1937 authorizes a county to establish a retirement system, as specified, in order to provide pension benefits to county, city, and district employees. Under that law, all officers and employees of a district become members of the county’s retirement association on the first day of the calendar month after adoption, by specified vote thresholds, of a resolution by the governing body of the district providing for inclusion of the district in the retirement association and, if the county board of supervisors is not the governing body of the district, the board of retirement consents by majority vote.This bill would enact the Big Bear Fire Agencies Pension Consolidation Act of 2018, which, on and after the effective date of a resolution of the Board of Retirement of the San Bernardino County Employees’ Retirement Association consenting to membership by employees of the Big Bear Fire Authority as described above, would provide that all safety employees currently employed by the Big Bear Lake Fire Protection District as of that date would be deemed to be employees of the authority and that all duties and obligations of the fire protection district in the employment relationship would be assumed by the authority. The bill would specify that the authority is a “district” for purposes of the County Employees Retirement Law of 1937. The bill would provide that the authority would assume the rights, obligations, and status previously occupied by the City of Big Bear Lake with regard to the portion of the city safety plan, which is that portion of the city’s retirement plan that covers safety employees of the fire protection district, and to the replacement benefits program. The bill would also provide that termination of the city safety plan would not trigger withdrawal liability. The bill would state that its provisions are severable.This bill contains other related provisions.

 

 

AB 2017

(Chiu D)   Public employers: employee organizations.

 

Current Text: Amended: 3/21/2018  html   pdf

 

Introduced: 2/5/2018

 

Last Amend: 3/21/2018

 

Status: 3/22/2018-Re-referred to Com. on P.E., R., & S.S.

 

Location: 2/12/2018-A. P.E.,R. & S.S.

 

Calendar: 4/4/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, Chair

 

Summary: Existing law prohibits a public employer, as defined, from deterring or discouraging public employees from becoming or remaining members of an employee organization. Under existing law, a public employer is defined, for these purposes, to include counties, cities, districts, the state, schools, transit districts, the University of California, and the California State University, among others. Existing law grants the Public Employment Relations Board jurisdiction over violations of these provisions.This bill would include in the definition of “public employer” under these provisions those employers of excluded supervisory employees and judicial council employees. The bill would additionally prohibit a public employer from deterring or discouraging prospective public employees, as defined, from becoming or remaining members of an employee organization.

 

 

AB 2048

(Gonzalez Fletcher D)   State public employee labor relations.

 

Current Text: Introduced: 2/6/2018  html   pdf

 

Introduced: 2/6/2018

 

Status: 2/7/2018-From printer. May be heard in committee March 9.

 

Location: 2/6/2018-A. PRINT

 

Summary: Existing law, the Ralph C. Dills Act, grants to state employees the right to form employee organizations for the purpose of representing their members in negotiating terms and conditions of employment with the state and prescribes definitions and procedures in this regard. The act prescribes various definitions for its purposes, including that of “employee,” from which certain groups of civil service employees are excepted.This bill would make a nonsubstantive change to the definition of employee in the Ralph C. Dills Act.

 

 

AB 2085

(Cooley D)   Retirement systems: surviving spouse.

 

Current Text: Amended: 3/20/2018  html   pdf

 

Introduced: 2/7/2018

 

Last Amend: 3/20/2018

 

Status: 3/21/2018-Re-referred to Com. on P.E., R., & S.S.

 

Location: 2/16/2018-A. P.E.,R. & S.S.

 

Summary: The County Employees Retirement Law of 1937 (CERL) authorizes counties and districts to establish retirement systems in order to provide pension benefits to their employees and beneficiaries. Existing law requires, after a member’s death, any retirement allowance earned but not yet paid to the member to be paid to the member’s designated beneficiary. Existing law authorizes the surviving spouse of a member who did not designate a beneficiary prior to death to file with the board, as specified, to be deemed the beneficiary.This bill would define surviving spouse, for purposes of CERL, as a person legally married to the member, who is neither divorced nor legally separated at the time of the member’s death, and who meets other relevant requirements, as specified.

 

 

AB 2154

(Bonta D)   Public employment: labor relations: release time.

 

Current Text: Introduced: 2/12/2018  html   pdf

 

Introduced: 2/12/2018

 

Status: 2/26/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 2/26/2018-A. P.E.,R. & S.S.

 

Calendar: 4/4/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, Chair

 

Summary: Existing law, including the Meyers-Milias-Brown Act, the Ralph C. Dills Act, the Trial Court Employment Protection and Governance Act, the Trial Court Interpreter Employment and Labor Relations Act, and the Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act, as well as provisions commonly referred to as the Educational Employment Relations Act and the Higher Education Employer-Employee Relations Act, regulates the labor relations of the state, the courts, and specified local public agencies and their employees. Existing law establishes other requirements relating to labor relations that are applicable to specified transit agencies. These acts grant specified public employees the right to form, join, and participate in the activities of employee organizations of their choosing and requires public agency employers, among other things, to meet and confer with representatives of recognized employee organizations and exclusive representatives on terms and conditions of employment. These acts generally require the public entities in this context to grant employee representatives of recognized employee organizations reasonable time off without loss of compensation or benefits for certain purposes in connection with labor relations, commonly referred to as release time. This bill would prescribe requirements relating to release time that would apply to all of the public employers and employees subject to the acts described above and would generally repeal the provisions relating to release time in those acts. The bill would require these public employers to grant a reasonable number of employee representatives of the exclusive representative reasonable time off without loss of compensation or other benefits for specified activities. This requirement would apply to activities to investigate and process grievances; to formally meet and confer with the public employer on matters within the scope of representation; to testify or appear as the designated representative of the exclusive representative in conferences, hearings, or other proceedings before the Public Employment Relations Board, as specified; to testify or appear as the designated representative of the exclusive representative before the governing body of the public employer, or a personnel, civil service, or merit commission, among others, and to serve as a representative of the exclusive representative for new employee orientations. The bill would require the exclusive representative to provide reasonable notice requesting an absence in this connection.

 

 

AB 2165

(Low D)   Election day holiday.

 

Current Text: Introduced: 2/12/2018  html   pdf

 

Introduced: 2/12/2018

 

Status: 3/21/2018-From committee: Do pass and re-refer to Com. on G.O. (Ayes 5. Noes 1.) (March 21). Re-referred to Com. on G.O.

 

Location: 3/21/2018-A. G.O.

 

Calendar: 4/4/2018  1:30 p.m. - State Capitol, Room 4202  ASSEMBLY GOVERNMENTAL ORGANIZATION, GRAY, Chair

 

Summary: Existing law requires that an election for congressional and state elective offices be held on the first Tuesday after the first Monday in November of each even-numbered year. Existing law requires a presidential general election to be held on the first Tuesday after the first Monday in November in any year that is evenly divisible by the number 4. This bill would add the day on which a statewide general election is held, which is the first Tuesday after the first Monday in November of any even-numbered year, to these lists of holidays. The bill would require community colleges and public schools to close on any day on which a statewide general election is held. The bill would require that state employees, with specified exceptions, be given time off with pay for days on which a statewide general election is held.This bill contains other related provisions and other existing laws.

 

 

AB 2196

(Cooper D)   Public employees’ retirement: service credit: payments.

 

Current Text: Introduced: 2/12/2018  html   pdf

 

Introduced: 2/12/2018

 

Status: 2/26/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 2/26/2018-A. P.E.,R. & S.S.

 

Summary: (1)The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS), which provides a defined benefit to members of the system, based on final compensation, credited service, and age at retirement, subject to certain variations. PERL vests management and control of PERS in the Board of Administration.The bill would permit the member, survivor, or beneficiary, as an alternative, to elect to receive an allowance that is reduced by the actuarial equivalent of any balance remaining unpaid by the member.This bill contains other related provisions and other existing laws.

 

 

AB 2251

(Melendez R)   State agencies: audits.

 

Current Text: Introduced: 2/13/2018  html   pdf

 

Introduced: 2/13/2018

 

Status: 3/1/2018-Referred to Com. on A. & A.R.

 

Location: 3/1/2018-A. A. & A.R.

 

Summary: (1)Existing law establishes the California State Auditor’s Office to conduct statutorily mandated performance audits, among other things, and authorizes the office to conduct any audit of a state or local governmental agency requested by the Joint Legislative Audit Committee. Existing law requires the office to transmit copies of audit reports as specified, including to the Legislature, to the Governor, and to make the report public. This bill would require the California State Auditor’s Office to conduct a statewide audit of all state agencies, as defined, by December 31, 2019, and every 10 years thereafter, to identify state programs that duplicate federal programs and to recommend the elimination of such duplicate programs. The bill would state the intent of the legislature to enact legislation that would provide that funding for eliminated programs be allocated to California taxpayers, as specified.This bill contains other related provisions and other existing laws.

 

 

AB 2305

(Rodriguez D)   Public employment: collective bargaining: peace officers.

 

Current Text: Amended: 3/23/2018  html   pdf

 

Introduced: 2/13/2018

 

Last Amend: 3/23/2018

 

Status: 3/23/2018-From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E., R., & S.S. Read second time and amended.

 

Location: 3/22/2018-A. P.E.,R. & S.S.

 

Summary: Existing law establishes the Public Employment Relations Board (PERB) in state government as a means of resolving disputes and enforcing the statutory duties and rights of employers and employees under the Educational Employment Relations Act, the Higher Education Employer-Employee Relations Act, the Ralph C. Dills Act, and the Meyers-Milias-Brown Act. Existing law includes within PERB’s jurisdiction resolving disputes alleging violation of rules and regulations adopted by a public agency, as defined, concerning unit determinations, representations, recognition, and elections, as specified.Existing law requires bargaining unit determinations and representation elections to be determined and processed in accordance with rules adopted by a public agency, as specified. Existing law requires, in a representation election, a majority of the votes cast by the employees in the appropriate bargaining unit.Existing law requires PERB to enforce and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections. Existing law also requires specified complaints to be processed as an unfair practice charge by PERB.Existing law does not apply the above provisions to persons who are peace officers, as defined.This bill would instead specify that the exemption from these provisions does not apply to peace officer employee organizations and employers and employees under the jurisdiction of the employee relations commission established by, and in effect for, the County of Los Angeles and the City of Los Angeles, as specified.

 

 

AB 2310

(Aguiar-Curry D)   Public Employees’ Retirement System: contracting members.

 

Current Text: Amended: 3/20/2018  html   pdf

 

Introduced: 2/13/2018

 

Last Amend: 3/20/2018

 

Status: 3/21/2018-Re-referred to Com. on P.E., R., & S.S.

 

Location: 3/19/2018-A. P.E.,R. & S.S.

 

Summary: Existing law, the Public Employees’ Retirement Law (PERL), establishes the Public Employees’ Retirement System (PERS), which provides a defined benefit to members of the system, based on final compensation, credited service, and age at retirement, subject to certain variations. PERL authorizes a public agency to contract to make its employees members of PERS, and prescribes a process for this. Under PERL, a contracting agency and its employees may agree in writing to share the costs of the employer contribution in accordance with specified procedures. Existing law requires, in these circumstances, the collective bargaining agreement for a contracting agency and its employees to specify the exact percentage of member compensation that is to be paid toward the current service costs of the benefits by members.This bill would revise that provision to also refer to a memorandum of understanding ratified by the employee bargaining unit and the governing body of the contracting agency. The bill would require these agreements, as an alternative to specifying the exact percentage of member compensation to be paid toward the current service cost of the benefit by members, to specify the methodology for calculating that cost-sharing rate.This bill contains other related provisions and other existing laws.

 

 

AB 2389

(Harper R)   Discrimination: state employees: travel.

 

Current Text: Introduced: 2/14/2018  html   pdf

 

Introduced: 2/14/2018

 

Status: 3/19/2018-In committee: Set, first hearing. Hearing canceled at the request of author.

 

Location: 3/1/2018-A. JUD.

 

Calendar: 4/3/2018  9 a.m. - State Capitol, Room 437  ASSEMBLY JUDICIARY, STONE, Chair

 

Summary: Existing law provides that a person in this state cannot be denied the benefits of, or be subjected to discrimination under, a state program or activity, as specified, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation.This bill also would exempt travel that is required to attend or to participate in a collegiate academic conference or competition, or a collegiate athletic event, and travel that is required to further recruitment of a prospective collegiate student athlete, from these provisions.This bill contains other existing laws.

 

 

AB 2396

(Bigelow R)   Public contracting: conflicts of interest: exemption.

 

Current Text: Amended: 3/22/2018  html   pdf

 

Introduced: 2/14/2018

 

Last Amend: 3/22/2018

 

Status: 3/22/2018-From committee chair, with author's amendments: Amend, and re-refer to Com. on A. & A.R. Read second time and amended.

 

Location: 3/5/2018-A. A. & A.R.

 

Calendar: 4/11/2018  9:30 a.m. - State Capitol, Room 437  ASSEMBLY ACCOUNTABILITY AND ADMINISTRATIVE REVIEW, EGGMAN, Chair

 

Summary: Existing law regulates the acquisition by the state of goods or services by contract. A provision of that existing law prohibits an officer or employee in the state civil service or other appointed state official, for compensation or with a personal financial interest, to engage in any employment, activity, or enterprise that is funded, or sponsored and funded, by any state agency or department through or by a state contract, unless required to do so as a condition of the officer’s or employee’s regular state employment. This bill would exempt an employee of a district agricultural association from that conflict of interest prohibition for purposes of contracting with another district agricultural association, subject to the approval of the board of directors of the association of which the person is an employee.

 

 

AB 2415

(Calderon D)   Public Employees’ Retirement System: officers and directors: appointment and compensation.

 

Current Text: Introduced: 2/14/2018  html   pdf

 

Introduced: 2/14/2018

 

Status: 3/5/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 3/5/2018-A. P.E.,R. & S.S.

 

Calendar: 4/4/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, Chair

 

Summary: The Public Employees’ Retirement Law (PERL) vests the management and control of the Public Employees’ Retirement System in the Board of Administration. PERL requires the board to appoint and fix the compensation of an executive officer, a general counsel, a chief actuary, a chief investment officer, a chief financial officer and other investment officers and portfolio managers, as specified. PERL requires that specified principles guide the board when fixing compensation, consistent with its fiduciary responsibility to recruit and retain highly qualified and effective employees for these positions.This bill would additionally require the board to appoint and fix the compensation of a chief operating officer and a chief health director.

 

 

AB 2481

(Voepel R)   State employees: Infant at Work programs.

 

Current Text: Introduced: 2/14/2018  html   pdf

 

Introduced: 2/14/2018

 

Status: 3/8/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 3/8/2018-A. P.E.,R. & S.S.

 

Calendar: 4/4/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, Chair

 

Summary: Existing law establishes various employment protections to promote parent-infant bonds and infant health. The Moore-Brown-Roberti Family Rights Act, or California Family Rights Act, makes it an unlawful employment practice for an employer, as defined, to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period to care for a child born to, adopted by, or placed for foster care with, the employee. The New Parent Leave Act prohibits an employer, as defined, from refusing to allow eligible employees to take up to 12 weeks of parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement. Other existing law requires both public and private employers to provide accommodations for maternal lactation, including a reasonable amount of break time to employees desiring to express breast milk and a reasonable effort to provide the employee use of a room or other location in close proximity to the employees’ work area for that purpose. This bill, until January 1, 2020, would authorize a state agency, as defined, to adopt an Infant at Work program to allow an employee of the agency who is a new parent or caregiver to an infant to bring the infant to the workplace. The bill would establish certain required elements for such a program. The bill would authorize a state agency to adopt regulations that it determines necessary to establish the program.

 

 

AB 2571

(Gonzalez Fletcher D)   Public employee retirement systems: investments: race and gender pay equity.

 

Current Text: Introduced: 2/15/2018  html   pdf

 

Introduced: 2/15/2018

 

Status: 3/19/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 3/19/2018-A. P.E.,R. & S.S.

 

Summary: The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the retirement fund and system. The California Constitution qualifies this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board.This bill, if consistent with fiduciary responsibilities of a public investment fund as determined by its board, would restrict new, additional, or renewed investments by a public investment fund to an alternative investment vehicle where, if the investment vehicle is managed by an investment manager, the investment manager has adopted and committed to comply with a race and gender pay equity policy consistent with requirements established in the bill. The bill would require an investment manager, beginning September 1, 2019, to submit at least once annually to the public investment fund a certified report regarding compliance. Because a certified report would be required to be verified under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state-mandated local program. The bill would require each contractually enforceable instrument for additional or new investments or renewal of existing investments with an investment manager to require that the investment manager take prescribed actions consistent with the bill as a material term of the instrument. The bill would require a public investment fund to disclose pay equity reporting information provided to it pursuant to the bill at least once annually to the State Auditor and in a report presented at a meeting open to the public. The bill would define terms for its purposes.This bill contains other related provisions and other existing laws.

 

 

AB 2628

(Rodriguez D)   State employees: memorandum of understanding: approval.

 

Current Text: Amended: 3/19/2018  html   pdf

 

Introduced: 2/15/2018

 

Last Amend: 3/19/2018

 

Status: 3/20/2018-Re-referred to Com. on P.E., R., & S.S.

 

Location: 3/15/2018-A. P.E.,R. & S.S.

 

Summary: 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 6, the California Correctional Peace Officers Association, 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.

 

 

AB 2696

(Rodriguez D)   Public Employees’ Medical and Hospital Care Act: benefit plans.

 

Current Text: Introduced: 2/15/2018  html   pdf

 

Introduced: 2/15/2018

 

Status: 3/8/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 3/8/2018-A. P.E.,R. & S.S.

 

Calendar: 4/4/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, Chair

 

Summary: The Public Employees’ Medical and Hospital Care Act, which is administered by the Board of Administration of the Public Employees’ Retirement System, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their beneficiaries. Existing law requires the board to approve an employee association health benefit plan previously approved by the board in the 1987–88 contract year or prior, if the plan continues to meet the minimum standards prescribed by the board. Existing law authorizes the California Correctional Peace Officer Association Health Benefits Trust to offer different health benefit plan designs with varying premiums in different areas of the state.This bill would require the board to approve an employee association health benefit plan offered by the California Association of Highway Patrolmen Health Benefits Trust, the Peace Officers Research Association of California Health Benefits Trust, or the California Correctional Peace Officer Association Health Benefits Trust if the plan meets minimum standards prescribed by the board. The bill would authorize the trustees of these organizations to offer one or more health benefit plans approved by the board on a regional basis with a regional premium subject to specified limitations.

 

 

AB 2713

(Rodriguez D)   Public employment: sexual harassment tracking.

 

Current Text: Introduced: 2/15/2018  html   pdf

 

Introduced: 2/15/2018

 

Status: 3/22/2018-Referred to Coms. on P.E., R., & S.S. and JUD.

 

Location: 3/22/2018-A. P.E.,R. & S.S.

 

Summary: Existing law grants the Department of Human Resources the power to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law prohibits a person from being discriminated against in the terms, conditions, and privileges of his or her employment with the state based on his or her medical condition, mental disability, or physical disability. Existing law provides that each state agency is responsible for an effective employment opportunity program within that agency, and requires the appointing power of that agency to carry out specified duties, including establishing procedures for filing, processing, and resolving discrimination complaints. Existing law requires the appointing power of each state agency, and the director of each state department, to appoint an equal employment opportunity officer to develop, implement, coordinate, and monitor the agency’s equal employment opportunity program.This bill would require the equal employment officer of each state agency to, by July 1, 2019, and annually on that date thereafter, submit a report to the Department of Human Resources that contains specified information relating to sexual harassment complaints received by, or filed with, that agency within a specified time period, and information related to any judgment or settlement paid or received by the agency relating to sexual harassment. The bill would require the Department of Human Resources to, by January 1, 2020, and annually on that date thereafter, submit a report to the Legislature, and post the report on its Internet Web site, using the information submitted by state agencies as described in the previous sentence that includes information related to sexual harassment complaints received by, or filed with, any state agency statewide during the time period reflected in the reports, as well as information related to any judgment or settlement paid or received statewide relating to sexual harassment. The bill would require the Department of Human Resources, in preparing that annual report, to include detailed information on each agency that submitted a report.This bill contains other related provisions and other existing laws.

 

 

AB 2764

(Chau D)   State acquisition of information technology goods and services: exemptions.

 

Current Text: Amended: 3/22/2018  html   pdf

 

Introduced: 2/16/2018

 

Last Amend: 3/22/2018

 

Status: 3/22/2018-Referred to Com. on A. & A.R. From committee chair, with author's amendments: Amend, and re-refer to Com. on A. & A.R. Read second time and amended.

 

Location: 3/22/2018-A. A. & A.R.

 

Summary: Existing law provides that specified contracts entered into by any state agency for goods, services, or other specified activities, whether awarded through competitive bidding or not, are void unless and until approved by the Department of General Services, and requires denial of approval if a contract does not meet the required specifications of the bidding process. Under existing law, certain transactions, contracts, and persons are exempt from that law, including transactions pertaining to the acquisition of information technology goods and services, except as specified.This bill would make additional provisions of the law pertaining to state acquisition of goods and services applicable to the acquisition of information technology goods and services, including, among others, the Darfur Contracting Act of 2008 and specified provisions related to discrimination in the provision of benefits by contractors. The bill also would make a nonsubstantive change.

 

 

AB 2777

(Daly D)   State employees: travel reimbursements.

 

Current Text: Introduced: 2/16/2018  html   pdf

 

Introduced: 2/16/2018

 

Status: 3/8/2018-Referred to Com. on A. & A.R.

 

Location: 3/8/2018-A. A. & A.R.

 

Calendar: 4/11/2018  9:30 a.m. - State Capitol, Room 437  ASSEMBLY ACCOUNTABILITY AND ADMINISTRATIVE REVIEW, EGGMAN, Chair

 

Summary: Existing law, until January 1, 2019, requires a state agency to permit state employees traveling on official state business to use transportation provided by a transportation network company, as defined, or lodging in a short-term rental, as defined. Existing law requires a state agency to reimburse the actual and necessary expenses of a state employee in this context consistently with the agency’s standard reimbursement policies. Existing law requests and encourages the University of California to adopt travel reimbursement policies in accordance with these provisions. This bill would delete the repeal of these provisions, thereby providing for their operation in perpetuity.

 

 

AB 2822

(Obernolte R)   California State Auditor: high-risk local government agency audit program.

 

Current Text: Introduced: 2/16/2018  html   pdf

 

Introduced: 2/16/2018

 

Status: 3/8/2018-Referred to Com. on A. & A.R.

 

Location: 3/8/2018-A. A. & A.R.

 

Summary: Existing law establishes the California State Auditor’s Office, headed by the appointed California State Auditor and under the direction of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy, with specified duties that include, among others, conducting financial and performance audits as directed by statute. Existing law authorizes the auditor to establish a high-risk local government agency audit program for the purpose of identifying, auditing, and issuing reports on any local government agency that he or she identifies as at high risk for fraud or waste, among other things. Existing law requires the auditor to notify the Joint Legislative Audit Committee (JLAC) when he or she identifies a local government as at high risk and requires an audit conducted pursuant to the program to be approved by JLAC.This bill would remove the requirement for an audit conducted pursuant to the high-risk local government agency audit program to be approved by JLAC, and would instead authorize the auditor to conduct an audit under the program, unless before the expiration of a specified 30-day notice period, JLAC adopts a motion directing the auditor to delay or cease commencing audit work. The bill would also require the auditor to notify any local government agency that he or she identifies as at high risk.

 

 

AB 2970

(Cooper D)   Public employees: new employee orientations.

 

Current Text: Amended: 3/20/2018  html   pdf

 

Introduced: 2/16/2018

 

Last Amend: 3/20/2018

 

Status: 3/21/2018-Re-referred to Com. on P.E., R., & S.S.

 

Location: 3/19/2018-A. P.E.,R. & S.S.

 

Calendar: 4/4/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, Chair

 

Summary: (1)Existing law generally requires state and local public employers that conduct new employee orientations to provide the exclusive representative of those employees access to the orientation. Existing law requires the exclusive representative to receive at least 10 days’ notice in advance of an orientation and requires that the structure, time, and manner of exclusive representative access shall be determined through mutual agreement between the employer and the exclusive representative, subject to specified requirements. This bill would require that the date, time, and place of the orientation be confidential and not be shared with anyone other than employees or the exclusive representative.This bill contains other existing laws.

 

 

AB 3145

(Salas D)   Disability insurance: state employees.

 

Current Text: Amended: 3/23/2018  html   pdf

 

Introduced: 2/16/2018

 

Last Amend: 3/23/2018

 

Status: 3/23/2018-From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E., R., & S.S. Read second time and amended.

 

Location: 3/22/2018-A. P.E.,R. & S.S.

 

Summary: Existing law, otherwise known as the State Disability Insurance Program, provides a partial wage replacement insurance plan for workers that is funded through employee payroll deductions. Under that program, a disabled individual is eligible to receive disability benefits equal to 1/7 of his or her weekly benefit amount for each full day during which he or she is unemployed due to a disability if the Director of Employment Development makes specified findings, including that the individual has been unemployed and disabled for a waiting period of 7 consecutive days during each disability benefit period. A component of the program, known as Paid Family Leave, provides employees covered by the program with a part of their wages to take time off to care for a seriously ill family member, as specified, or to bond with a minor child, as specified.This bill contains other existing laws.

 

 

AB 3150

(Brough R)   Public employees’ retirement: annual audits.

 

Current Text: Introduced: 2/16/2018  html   pdf

 

Introduced: 2/16/2018

 

Status: 3/12/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 3/12/2018-A. P.E.,R. & S.S.

 

Summary: Existing law creates state and local public pension and retirement systems that provide pension benefits based on age at retirement, service credit, and final compensation. Existing law requires each state and local public pension or retirement system, on and after the 90th day following the completion of the annual audit of the system, to provide a concise annual report on the investments and earnings of the system, as specified, to any member who makes a request and pays a fee, if required, for the costs incurred in preparation and dissemination of that report.This bill would also require each state and local pension or retirement system to post a concise annual audit of the information described above on that system’s Internet Web site no later than the 90th day following the audit’s completion. By imposing new duties on local retirement systems, the bill would impose a state-mandated local program.This bill contains other related provisions and other existing laws.

 

 

AB 3235

(Grayson D)   Public employees’ retirement.

 

Current Text: Introduced: 2/16/2018  html   pdf

 

Introduced: 2/16/2018

 

Status: 2/17/2018-From printer. May be heard in committee March 19.

 

Location: 2/16/2018-A. PRINT

 

Summary: Existing law requires any city with a population of 1,000,000 or more, and any agency thereof, which has established any pension and retirement plan that requires officers and employees of one sex to pay greater contributions than those of another sex who are the same age to revise the plan so that the contributions are the same, as specified.This bill would make a nonsubstantive change to that provision.

 

 

AB 3245

(Committee on Public Employees, Retirement, and Social Security)   Public employees’ retirement: omnibus bill.

 

Current Text: Introduced: 2/22/2018  html   pdf

 

Introduced: 2/22/2018

 

Status: 3/22/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 3/22/2018-A. P.E.,R. & S.S.

 

Summary:  (1)The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS) for the purpose of providing pension benefits to state employees and employees of contracting agencies and prescribes the rights and duties of members of the system and their beneficiaries. Existing law vests management and control of PERS in its board of administration. PERS provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. This bill would revise the above provisions of PERL relating to retirement under concurrent systems to specify that the compensation earnable or pensionable compensation as a member of PERS is subject to the restrictions on compensation earnable under PERS and the restrictions on pensionable compensation under PEPRA.This bill contains other related provisions and other existing laws.

 

 

SB 134

(Hernandez D)   Small group market: single risk pool: index rate.

 

Current Text: Introduced: 1/11/2017  html   pdf

 

Introduced: 1/11/2017

 

Status: 3/12/2018-Ordered to inactive file on request of Assembly Member Calderon.

 

Location: 3/12/2018-A. INACTIVE FILE

 

Summary: Existing federal law, the federal Patient Protection and Affordable Care Act, creates various premium stabilization programs, such as the transitional reinsurance program and the risk adjustment program, to stabilize premiums in the individual market inside and outside of the Exchanges. Under the transitional reinsurance program, contributions are collected from contributing entities to fund reinsurance payments to issuers of nongrandfathered reinsurance-eligible individual market plans and the administrative costs of operating the reinsurance program for the 2014, 2015, and 2016 benefit years.This bill would delete the reference to the federal transitional reinsurance program in these provisions.This bill contains other existing laws.

 

 

SB 548

(Atkins D)   Public Employment Relations Board: petitions: expedited resolution.

 

Current Text: Amended: 9/5/2017  html   pdf

 

Introduced: 2/16/2017

 

Last Amend: 9/5/2017

 

Status: 9/14/2017-Ordered to inactive file on request of Assembly Member Calderon.

 

Location: 9/14/2017-A. INACTIVE FILE

 

Summary: Existing law regulates the labor relations of employees and employers of public agencies. Existing law grants specified employees of public agencies the right to form, join, and participate in the activities of employee organizations of their choosing and requires public agency employers, among other things, to meet and confer with representatives of recognized employee organizations and exclusive representatives on terms and conditions of employment. Existing law creates the Public Employment Relations Board and grants it specified powers in connection with public employee labor relations. Existing law described above grants the board the power to hear specified disputes in relation to these provisions and to make determinations regarding them.This bill would authorize the Public Employment Relations Board to grant expedited status for specified matters and generally codify regulations of the board, in this regard, that are currently in effect.This bill contains other related provisions.

 

 

SB 562

(Lara D)   The Healthy California Act.

 

Current Text: Amended: 5/26/2017  html   pdf

 

Introduced: 2/17/2017

 

Last Amend: 5/26/2017

 

Status: 7/14/2017-Failed Deadline pursuant to Rule 61(a)(10). (Last location was DESK on 6/1/2017)(May be acted upon Jan 2018)

 

Location: 7/14/2017-A. 2 YEAR

 

Summary: Existing federal law, the federal Patient Protection and Affordable Care Act (PPACA), enacted various health care coverage market reforms that took effect January 1, 2014. PPACA required each state, by January 1, 2014, to establish an American Health Benefit Exchange to facilitate the purchase of qualified health benefit plans by qualified individuals and qualified small employers. PPACA defines a “qualified health plan” as a plan that, among other requirements, provides an essential health benefits package. Existing state law creates the California Health Benefit Exchange, also known as Covered California, to facilitate the purchase of qualified health plans by qualified individuals and qualified small employers.This bill, the Healthy California Act, would create the Healthy California program to provide comprehensive universal single-payer health care coverage and a health care cost control system for the benefit of all residents of the state. The bill, among other things, would provide that the program cover a wide range of medical benefits and other services and would incorporate the health care benefits and standards of other existing federal and state provisions, including, but not limited to, the state’s Children’s Health Insurance Program (CHIP), Medi-Cal, ancillary health care or social services covered by regional centers for persons with developmental disabilities, Knox-Keene, and the federal Medicare program. The bill would require the board to seek all necessary waivers, approvals, and agreements to allow various existing federal health care payments to be paid to the Healthy California program, which would then assume responsibility for all benefits and services previously paid for with those funds.This bill contains other related provisions and other existing laws.

 

 

SB 656

(Moorlach R)   Judges’ Retirement System II: deferred retirement.

 

Current Text: Amended: 1/23/2018  html   pdf

 

Introduced: 2/17/2017

 

Last Amend: 1/23/2018

 

Status: 1/30/2018-In Assembly. Read first time. Held at Desk.

 

Location: 1/29/2018-A. DESK

 

Summary: (1)Existing law establishes the Judges’ Retirement System II, which the Board of Retirement of the Public Employees’ Retirement System administers. Existing law authorizes a judge who is a member of the system and who retires upon attaining both 65 years of age and 20 or more years of service, or upon attaining 70 years of age with a minimum of 5 years of service, to elect from specified retirement benefits including a monthly pension. Existing law requires a judge who leaves judicial office after accruing 5 or more years of service, but who has not reached the applicable age of retirement, to be paid a lump sum equal to monetary credits that accrued while he or she was in office, as specified. Existing law authorizes a judge who, among other things, separates from office after accruing 5 or more years of service and has not reached 65 years of age to continue health care benefits if he or she assumes certain payments. This bill would authorize a judge who has attained 60 years of age with a minimum of 5 years of service, or who has accrued 20 or more years of service, to retire and to elect to receive a monthly pension that would be deferred until the judge reaches retirement age, as specified. The bill would prohibit a judge who elects to retire in this manner from receiving benefits until he or she reaches the applicable retirement age and would prescribe procedures to apply if the judge fails to elect within 30 days of separation. The bill would authorize the board to charge an administrative fee, as specified, to a judge who elects to apply these provisions.This bill contains other related provisions and other existing laws.

 

 

SB 774

(Leyva D)   Hazardous substances: California Toxic Substances Board.

 

Current Text: Amended: 9/11/2017  html   pdf

 

Introduced: 2/17/2017

 

Last Amend: 9/11/2017

 

Status: 9/14/2017-Ordered to inactive file on request of Assembly Member Calderon.

 

Location: 9/14/2017-A. INACTIVE FILE

 

Summary: The hazardous waste control laws provide that the Department of Toxic Substances Control regulates the handling and management of hazardous substances, materials, and waste. The Carpenter-Presley-Tanner Hazardous Substance Account Act establishes a program authorizing certain responses to releases of hazardous substances, including spills and hazardous waste disposal sites, that pose a threat to the public health or the environment, and imposes liability for hazardous substance removal or remedial actions. The hazardous waste control laws and the Carpenter-Presley-Tanner Hazardous Substance Account Act require the department to adopt regulations to implement their provisions and establish various procedures and standards.This bill would establish the California Toxic Substances Board in the department. The bill, notwithstanding any other law, would require the board to appoint the Director of Toxic Substances Control, who would hold office at the pleasure of the board. The bill would provide for the membership of the board, the salary and terms of the board members, and other various powers and duties of the board. The bill would require the board to conduct monthly public hearings to consider matters before the board relating to hazardous waste facilities permits and sites. The bill would require the department to provide information and records, and testify, concerning the agenda items at the hearing. The bill would authorize the board, based on the documents submitted, information presented, and testimony taken at the hearing, to, through a board action, direct the department to take certain actions with regard to a hazardous waste facilities permit or site, and would require the department to comply with those directions.This bill contains other related provisions and other existing laws.

 

 

SB 783

(Pan D)   State employment: unused leave buy-back.

 

Current Text: Introduced: 2/17/2017  html   pdf

 

Introduced: 2/17/2017

 

Status: 1/23/2018-In Assembly. Read first time. Held at Desk.

 

Location: 1/22/2018-A. DESK

 

Summary: Existing law authorizes the Department of Human Resources to adopt or amend regulations to implement employee benefits for those state officers and employees excluded from, or not otherwise subject to, the Ralph C. Dills Act. Existing law authorizes the Department of Human Resources to provide for vacation, sick leave, annual leave, and bereavement leave benefits, including the lump-sum payment of any amount of accumulated leave, with respect to excluded employees, nonelected officers, and executive branch employees who are not members of the civil service. Existing law prescribes the rates at which different types of leave accrue. This bill would authorize an employee designated as supervisory, confidential, excluded, or managerial to elect to be paid at his or her regular rate of pay for up to 80 hours of unused leave credit, as defined, upon a determination by the Department of Human Resources to offer an annual buy-back of this credit. The bill would require the department to determine the date of eligibility and conditions of buy-back and the period during which an application for buy-back will be accepted.

 

 

SB 790

(McGuire D)   Health care providers: gifts and benefits.

 

Current Text: Amended: 7/6/2017  html   pdf

 

Introduced: 2/17/2017

 

Last Amend: 7/6/2017

 

Status: 9/11/2017-Ordered to inactive file on request of Assembly Member Calderon.

 

Location: 9/11/2017-A. INACTIVE FILE

 

Summary: The Sherman Food, Drug, and Cosmetic Law, administered by the State Department of Public Health, regulates the packaging, labeling, and advertising of drugs and devices, and requires a manufacturer of any drug or device in the state to be licensed by the department. Existing law imposes various requirements on persons engaged in the provision of health care services in the state.This bill would, on and after January 1, 2019, prohibit a manufacturer of a prescribed product from offering or giving a gift to a health care provider. The bill would further prohibit a manufacturer of a prescribed product or an entity on behalf of a manufacturer of a prescribed product from providing a fee, payment, subsidy, or other economic benefit to a health care provider in connection with the provider’s participation in research, except as specified. The bill would define terms of its purposes, including, among others, the term “gift.” The bill would specify circumstances to which these prohibitions do not apply.This bill contains other related provisions and other existing laws.

 

 

SB 839

(Mitchell D)   Budget Act of 2018.

 

Current Text: Introduced: 1/10/2018  html   pdf

 

Introduced: 1/10/2018

 

Status: 1/11/2018-From printer.

 

Location: 1/10/2018-S. BUDGET & F.R.

 

Summary: This bill would make appropriations for the support of state government for the 2018–19 fiscal year.This bill contains other related provisions.

 

 

SB 964

(Allen D)   Public Employees’ Retirement Fund and Teachers’ Retirement Fund: investments: climate-related financial risk.

 

Current Text: Amended: 3/14/2018  html   pdf

 

Introduced: 1/31/2018

 

Last Amend: 3/14/2018

 

Status: 3/23/2018-Set for hearing April 9.

 

Location: 3/21/2018-S. P.E. & R.

 

Calendar: 4/9/2018  2 p.m. or upon adjournment of Session - Rose Ann Vuich Hearing Room (2040)  SENATE PUBLIC EMPLOYMENT AND RETIREMENT, PAN, Chair

 

Summary: The California Constitution requires members of the retirement board of a public pension or retirement system to discharge their duties with respect to the system solely in the interest of, and for the exclusive purposes of providing benefits to, participants and their beneficiaries, minimizing employer contributions thereto, and defraying reasonable expenses of administering the system. Existing statutory law establishes various public employee retirement systems and provides for the administration of the State Teachers’ Retirement System by the Teachers’ Retirement Board and for the administration of the Public Employees’ Retirement System, among other public employee retirement systems, by the Board of Administration of the Public Employees’ Retirement System.This bill would, until January 1, 2035, require climate-related financial risk, as defined, to be analyzed to the extent the boards identify the risk as a material risk to the Public Employees’ Retirement Fund or the Teachers’ Retirement Fund. The bill, by January 1, 2020, and every 3 years thereafter, would require each board to publicly report on the climate-related financial risk of its public market portfolio, including alignment of the Public Employees’ Retirement Fund and the Teachers’ Retirement Fund with a specified climate agreement and California climate policy goals and the exposure of the fund to long-term risks, as specified. The bill would provide that it does not require either board to take action unless the board determines in good faith that the action is consistent with its fiduciary responsibilities. The bill would make related legislative findings and declarations.

 

 

SB 1022

(Pan D)   Public Employees’ Retirement System: administration.

 

Current Text: Amended: 3/14/2018  html   pdf

 

Introduced: 2/7/2018

 

Last Amend: 3/14/2018

 

Status: 3/15/2018-Set for hearing April 9.

 

Location: 2/14/2018-S. P.E. & R.

 

Calendar: 4/9/2018  2 p.m. or upon adjournment of Session - Rose Ann Vuich Hearing Room (2040)  SENATE PUBLIC EMPLOYMENT AND RETIREMENT, PAN, Chair

 

Summary: (1)Existing law, the Public Employees’ Retirement Law (PERL), vests the Board of Administration of the Public Employees’ Retirement System with the responsibility of administering the Public Employees’ Retirement System. PERL provides that data filed by a member or beneficiary with the board is confidential, subject to certain exceptions, and is to be used only for carrying PERL into effect.This bill would specify that the confidentiality provisions, described above, apply to the Public Employees Medical and Hospital Care Act, which the board also administers, and would make conforming changes to account for this and to account for school district and university employer categories currently in effect. The bill would authorize the confidentiality of provisions of records connected to the beneficiary of a member or retired member who is or was employed by the entity. The bill also would authorize data to be used in connection with related reporting and notice obligations.This bill contains other related provisions and other existing laws.

 

 

SB 1027

(Pan D)   State employee survey.

 

Current Text: Amended: 3/12/2018  html   pdf

 

Introduced: 2/7/2018

 

Last Amend: 3/12/2018

 

Status: 3/20/2018-Set for hearing April 4.

 

Location: 2/14/2018-S. E.Q.

 

Calendar: 4/4/2018  9:30 a.m. - Room 3191  SENATE ENVIRONMENTAL QUALITY, WIECKOWSKI, Chair

 

Summary: Existing law requires specified state agencies to prepare and submit to the Secretary for Environmental Protection specified information for inclusion in an annual greenhouse gas emission reduction report card, including a list of measures that the state agency has adopted or implemented, or that are needed, to meet greenhouse gas emission reduction targets, as defined, and information regarding the agency’s own greenhouse gas emissions.This bill would require the Department of General Services, in consultation with the State Air Resources Board, to update a specified voluntary survey on state employee commutes by July 1, 2020, and at least once every 5 years thereafter, to include calculations for associated greenhouse gas emissions, as specified. The bill would require the department to report the findings to the Legislature, Governor, and all state agencies. The bill would require the department and the state board to develop incentives to increase state employees’ voluntary participation in the survey.

 

 

SB 1060

(Mendoza D)   Public Employees’ Retirement Law: employer contributions: notification.

 

Current Text: Introduced: 2/12/2018  html   pdf

 

Introduced: 2/12/2018

 

Status: 2/13/2018-From printer. May be acted upon on or after March 15.

 

Location: 2/12/2018-S. RLS.

 

Summary: The Public Employees’ Retirement Law (PERL) establishes the Public Employees’ Retirement System (PERS), which provides pension and other benefits to members of PERS. PERL requires certain public employers to contribute moneys to PERS. Existing law prohibits the state, school employers, and contracting agencies, as defined, from refusing to pay the employers’ contribution as required by PERL.This bill would require a contracting agency that fails to make a required contribution to PERS to notify members of the delinquency within 30 days, as specified.

 

 

SB 1061

(Mendoza D)   State Teachers’ Retirement Plan: employer contributions: notification.

 

Current Text: Introduced: 2/12/2018  html   pdf

 

Introduced: 2/12/2018

 

Status: 2/13/2018-From printer. May be acted upon on or after March 15.

 

Location: 2/12/2018-S. RLS.

 

Summary: The State Teachers’ Retirement Law establishes the Defined Benefit Program of the State Teachers’ Retirement Plan. The law requires certain employers, as defined, to contribute moneys to the State Teachers’ Retirement System (STRS).This bill would require an employer that fails to make a required contribution to STRS to notify members of the delinquency within 30 days, as specified.

 

 

SB 1062

(Mendoza D)   Retirement systems: employer contributions: notification.

 

Current Text: Introduced: 2/12/2018  html   pdf

 

Introduced: 2/12/2018

 

Status: 2/13/2018-From printer. May be acted upon on or after March 15.

 

Location: 2/12/2018-S. RLS.

 

Summary: Existing law creates the State Teachers’ Retirement System (STRS) and the Public Employees’ Retirement System (PERS), which provide pension and other benefits to their respective members. Both STRS and PERS are funded by employer and employee contributions and investment returns.This bill would require certain employers that fail to make a required employer contribution to STRS or PERS to notify members of the delinquency within 30 days, as specified.

 

 

SB 1117

(Beall D)   Department of Transportation: highway engineers.

 

Current Text: Introduced: 2/13/2018  html   pdf

 

Introduced: 2/13/2018

 

Status: 2/22/2018-Referred to Com. on RLS.

 

Location: 2/13/2018-S. RLS.

 

Summary: Existing law provides that the Department of Transportation has full possession and control of the state highway system. Existing law specifies certain powers and duties of the department relative to the recruitment and retention of highway engineers, including participation by the department in student loan repayment, offering of salaries above the lowest salary step, and various other provisions.This bill would make a nonsubstantive change to these provisions.

 

 

SB 1124

(Leyva D)   Public Employees’ Retirement System: collective bargaining agreements: disallowed compensation.

 

Current Text: Amended: 3/22/2018  html   pdf

 

Introduced: 2/13/2018

 

Last Amend: 3/22/2018

 

Status: 3/22/2018-From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

 

Location: 2/13/2018-S. RLS.

 

Summary: Existing law, the Public Employees’ Retirement Law (PERL), establishes the Public Employees’ Retirement System (PERS), which provides a defined benefit to members of the system, based on final compensation, credited service, and age at retirement, subject to certain variations. PERL authorizes a public agency to contract to make its employees members of PERS and prescribes a process for this. PERS is administered by its board of administration, which is responsible for correcting errors and omissions in the administration of the system and the payment of benefits. Existing law requires the board to correct all actions taken as a result of errors or omissions of the state or a contracting agency, in accordance with certain procedures.The bill would also require the state or a contracting agency, for any MOU entered into on or after January 1, 2019, to submit any compensation proposal intended to form the basis of a pension benefit calculation to the system to determine compliance with specified provisions governing compensation and, upon approval by the system, would make those benefits earned subject to the above provisions of the bill governing benefit adjustments. The bill would make related legislative findings and declarations.This bill contains other existing laws.

 

 

SB 1195

(Portantino D)   Public Employees’ Medical and Hospital Care Act.

 

Current Text: Introduced: 2/15/2018  html   pdf

 

Introduced: 2/15/2018

 

Status: 3/15/2018-Set for hearing April 9.

 

Location: 3/1/2018-S. P.E. & R.

 

Calendar: 4/9/2018  2 p.m. or upon adjournment of Session - Rose Ann Vuich Hearing Room (2040)  SENATE PUBLIC EMPLOYMENT AND RETIREMENT, PAN, Chair

 

Summary: The Public Employees’ Medical and Hospital Care Act, which is administered by the Board of Administration of the Public Employees’ Retirement System, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their beneficiaries. Existing law requires the board to approve an employee association health benefit plan previously approved by the board in the 1987–88 contract year or prior, if the plan continues to meet the minimum standards prescribed by the board. Existing law authorizes the California Correctional Peace Officer Association Health Benefits Trust to offer different health benefit plan designs with varying premiums in different areas of the state. This bill would also authorize the Peace Officers Research Association of California Insurance and Benefits Trust to offer different health benefit plan designs with varying premiums in different areas of the state.

 

 

SB 1270

(Vidak R)   County employees’ retirement: system personnel.

 

Current Text: Introduced: 2/16/2018  html   pdf

 

Introduced: 2/16/2018

 

Status: 3/15/2018-Set for hearing April 9.

 

Location: 3/1/2018-S. P.E. & R.

 

Calendar: 4/9/2018  2 p.m. or upon adjournment of Session - Rose Ann Vuich Hearing Room (2040)  SENATE PUBLIC EMPLOYMENT AND RETIREMENT, PAN, Chair

 

Summary: The County Employees Retirement Law of 1937 (CERL) authorizes counties to establish retirement systems pursuant to its provisions in order to provide pension benefits to their employees. CERL authorizes the retirement boards of 5 specified counties to appoint assistant administrators and chief investment officers who, following appointment, are outside county charter, civil service, and merit system rules, except as specified. CERL provides that these administrators and officers are employees of the county, as specified, while serving at the pleasure of the appointing boards, and that they may be dismissed without cause. This bill would apply these provisions to any county if the board of supervisors for that county, by resolution adopted by majority vote, makes those provisions applicable in the county.

 

 

SB 1312

(Newman D)   State public employees: sick leave: veterans with service-related disabilities.

 

Current Text: Introduced: 2/16/2018  html   pdf

 

Introduced: 2/16/2018

 

Status: 3/7/2018-Set for hearing April 10.

 

Location: 3/1/2018-S. V. A.

 

Calendar: 4/10/2018  1:30 p.m. - Rose Ann Vuich Hearing Room (2040)  SENATE VETERANS AFFAIRS, NEWMAN, Chair

 

Summary: Existing law, the California Wounded Warriors Transitional Leave Act, grants a state officer or employee who is a veteran hired on or after January 1, 2016, with a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs an additional credit for sick leave with pay of up to 96 hours for the purpose of undergoing medical treatment for his or her military service-related disability. Existing law requires that the sick leave be credited to a qualifying officer or employee on the first day of employment and remain available for use for the following 12 months of employment.This bill would extend that benefit to a veteran with a service-connected disability who is hired or employed on or after January 1, 2016, with a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the active duty recently completed. The bill would require credit for leave of absence under this provision to be credited to a state officer or employee on the effective date of the officer’s or employee’s disability rating decision from the United States Department of Veterans Affairs, or on the first day the officer or employee begins, or returns to, employment after active duty, whichever is later, except under specified circumstances when provisions authorizing alternative leave arrangements would be applicable.

 

 

SB 1413

(Nielsen R)   Public employees’ retirement.

 

Current Text: Introduced: 2/16/2018  html   pdf

 

Introduced: 2/16/2018

 

Status: 3/8/2018-Referred to Com. on RLS.

 

Location: 2/16/2018-S. RLS.

 

Summary: The California Public Employees’ Pension Reform Act of 2013 (PEPRA) generally requires a public retirement system, as defined, to modify its plan or plans to comply with the act. PEPRA explicitly requires public employers and public retirement systems to offer specified defined benefit plans to new members, as defined.This bill would make nonsubstantive changes to these provisions.

 

 

SB 1433

(Moorlach R)   County employees’ retirement: Deferred Retirement Option Program.

 

Current Text: Amended: 4/2/2018  html   pdf

 

Introduced: 2/16/2018

 

Last Amend: 4/2/2018

 

Status: 3/8/2018-Referred to Com. on RLS.

 

Location: 2/16/2018-S. RLS.

 

Summary: 

 

 

SB 1504

(Committee on Public Employment and Retirement)   Department of Human Resources.

 

Current Text: Introduced: 3/14/2018  html   pdf

 

Introduced: 3/14/2018

 

Status: 3/21/2018-Referred to Com. on P.E. & R.

 

Location: 3/21/2018-S. P.E. & R.

 

Summary: (1)Existing law creates the Department of Human Resources, which succeeds to and is vested with all of the powers and duties previously performed by the Department of Personnel Administration. This bill would update various references to the Department of Personnel Administration to refer instead to the Department of Human Resources.This bill contains other related provisions and other existing laws.

 

Total Measures: 79

Total Tracking Forms: 79

HOT BILLS

These bills have significant importance to members, are extremely active, and are being monitored closely by ACSS:

AB 183 - Bill of Rights for State Excluded Employees

AB 1916 - Civil service: Personnel Classification Plan: salary equalization

SB 76 - Creates excluded employees arbitration for grievances

SB 646 - Reduction in adverse action investigative period

Updated 4/2/2018