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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 June 15, 2018)



ACSS Legislative Report

6/15/2018

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: 5/9/2018  html   pdf

 

Introduced: 1/23/2018

 

Last Amend: 5/9/2018

 

Status: 6/11/2018-In committee: Set, first hearing. Hearing canceled at the request of author.

 

Location: 5/31/2018-S. P.E. & R.

 

Calendar: 6/25/2018  2 p.m. or upon adjournment of Session - Rose Ann Vuich Hearing Room (2040)  SENATE PUBLIC EMPLOYMENT AND RETIREMENT, PAN, Chair
6/26/2018  1:30 p.m. - Room 112  SENATE JUDICIARY, JACKSON, Chair

 

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 an 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. The act also authorizes a party to a joint powers agreement to separately contract for, or assume responsibilities for, specific debts, liabilities, or obligations of the agency. This bill would eliminate that authorization, and would specify that if an agency established by a joint powers agreement participates in, or contracts with, a public retirement system, member agencies, both current and former to the agreement, would be required to mutually agree as to the apportionment of the agency’s retirement obligations among themselves, provided that the agreement equals the total retirement liability of the agency. The bill would require the board, in cases in which the member agencies are unable to mutually agree to apportionment, to apportion the retirement liability of the agency to each member agency, as specified.

 

 

Memo:

 

Support letter sent to Author -- 3/22/18

Support letter sent to Asm. PER&SS -- 4/13/18

Support letter sent to Asm. APPR -- 5/14/18

Support letter sent to Sen. PE&R -- 6/7/18

Support letter sent to Sen. JUD -- 6/14/18

 

AB 1916

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

 

Current Text: Amended: 5/25/2018  html   pdf

 

Introduced: 1/23/2018

 

Last Amend: 5/25/2018

 

Status: 6/7/2018-Referred to Com. on P.E. & R.

 

Location: 6/7/2018-S. P.E. & R.

 

Calendar: 6/25/2018  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 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, by December 13, 2019, and every 2 years thereafter, evaluate all civil service classifications and prepare a detailed report on gender and ethnicity pay equity in each classification where there is an underrepresentation of women and minorities. The bill would require each state agency to submit specified information to the department about each state civil service certification within the agency. The bill would require the department to prepare a plan for each state agency to attain pay equity if a discrepancy is found and a specified plan to recruit, attract, and retain women and minorities into positions where there is an underrepresentation of those subgroups. The bill would, until January 1, 2030, require the department to submit the report to the Legislature, not later than January 1 of each year, as specified.

 

 

Memo:

 

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

Support letter sent to Asm. PER&SS -- 4/13/18

Support letter sent to Asm. APPR -- 5/1/18

Support letter sent to Sen. PE&R -- 6/14/18

 

AB 2777

(Daly D)   State employees: travel reimbursements.

 

Current Text: Amended: 5/24/2018  html   pdf

 

Introduced: 2/16/2018

 

Last Amend: 5/24/2018

 

Status: 6/7/2018-Referred to Com. on G.O.

 

Location: 6/7/2018-S. G.O.

 

Calendar: 6/26/2018  9:30 a.m. - John L. Burton Hearing Room (4203)  SENATE GOVERNMENTAL ORGANIZATION, DODD, 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 extend, until January 1, 2022, the requirement that a state agency permit state employees traveling on official state business to use transportation provided by a transportation network company or lodging in a short-term rental.

 

 

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: 6/13/2018-Referred to Coms. on P.E. & R. and L. & I.R.

 

Location: 6/13/2018-S. P.E. & R.

 

Calendar: 6/25/2018  2 p.m. or upon adjournment of Session - Rose Ann Vuich Hearing Room (2040)  SENATE PUBLIC EMPLOYMENT AND RETIREMENT, PAN, Chair

 

Summary: Existing law, 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.

 

 

Memo:

 

Support letter sent to Author -- 5/1/18

Support letter sent to Asm. APPR  -- 5/2/18

 

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: 5/24/2018  html   pdf

 

Introduced: 2/14/2018

 

Last Amend: 5/24/2018

 

Status: 6/4/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 6/4/2018-A. P.E.,R. & S.S.

 

Calendar: 6/20/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, Chair

 

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 who are current or past employees of that agency, or their beneficiaries, of the agency’s delinquency by mail within 30 days of the payment having become delinquent. The bill would require the board to provide contact information in a specified format to contracting agencies for the purpose of providing notice to members and retired members who are current or past employees of that agency, or to their beneficiaries, and would prescribe a process in this regard. The bill would immunize contracting agencies for failure to provide notice if the contact information is incomplete or incorrect.

 

 

Memo:

 

Support letter sent to Author -- 4/13/18

Support letter sent to Sen. PE&R -- 4/13/18

Support letter sent to Sen. APPR -- 5/1/18

Support letter sent to Sen. Floor -- 5/10/18

Support letter sent to Asm. PER&SS -- 6/12/18

 

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 1031

(Moorlach R)   Public employees’ retirement: cost-of-living adjustments: prohibitions.

 

Current Text: Amended: 4/5/2018  html   pdf

 

Introduced: 2/8/2018

 

Last Amend: 4/5/2018

 

Status: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was P.E. & R. on 4/23/2018)

 

Location: 4/27/2018-S. DEAD

 

Summary: The Public Employees’ Retirement Law establishes the Public Employees’ Retirement System and the Teachers’ Retirement Law establishes the State Teachers’ Retirement System for the purpose of providing pension benefits to specified public employees and teachers. Existing law establishes the Judges’ Retirement System II, which provides pension benefits to elected judges, and the Legislators’ Retirement System, which provides pension benefits to elective officers of the state other than judges and to legislative statutory officers. The County Employees Retirement Law of 1937 authorizes counties to establish retirement systems pursuant to its provisions in order to provide pension benefits to county, city, and district employees. Existing law provides for the application of cost-of-living adjustments to allowances paid to persons retired under, or survivors or beneficiaries of persons retired under, various public retirement systems. The California Public Employees’ Pension Reform Act of 2013, on and after January 1, 2013, requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, for its purposes, defines pensionable compensation, establishes limits on benefits, and requires the sharing of normal costs between members and employers for the pension systems to which it applies. The bill would prohibit a public retirement system, as defined, from making a cost-of-living adjustment to any allowance payable to, or on behalf of, a person retired under the system who becomes a new member on or after January 1, 2019, or to any survivor or beneficiary of that member or person retired under the system, for any year in which the unfunded actuarial liability of that system is greater than 20%. The bill would require that the determination of unfunded actuarial liability be based on a specified financial report and would apply the prohibition on cost-of-living adjustments, if any, to the calendar year following the fiscal year upon which the report is based.

 

 

Memo:

 

Oppose letter sent to Author -- 04/19/18

Oppose letter sent to Sen. PE&R -- 04/19/18

 

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: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was P.E. & R. on 4/23/2018)

 

Location: 4/27/2018-S. DEAD

 

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.

 

 

Memo:

 

Oppose letter sent to Author -- 04/19/18

Oppose letter sent to Sen. PE&R -- 04/19/18

 

SB 1033

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

 

Current Text: Amended: 4/5/2018  html   pdf

 

Introduced: 2/8/2018

 

Last Amend: 4/5/2018

 

Status: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was P.E. & R. on 4/24/2018)

 

Location: 4/27/2018-S. DEAD

 

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 borne 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: Amended: 4/10/2018  html   pdf

 

Introduced: 2/14/2018

 

Last Amend: 4/10/2018

 

Status: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was P.E. & R. on 4/23/2018)

 

Location: 4/27/2018-S. DEAD

 

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. Under PERL, membership in PERS is compulsory for specified public employees and optional for other public employees.This bill would create a new optional defined contribution plan for new state employees who first begin employment in a miscellaneous or industrial classification on or after January 1, 2020, and who were not members of any public retirement system prior to that date. The bill would require state employees who are subject to the bill’s provisions, within 30 days of beginning employment, to choose either to contribute to the defined contribution plan or to become a member of PERS. The bill would require, if an employee fails to make this decision within the above timeframe, that the employee automatically be placed in PERS. 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)   Remote accessible vote by mail system.

 

Current Text: Amended: 4/19/2018  html   pdf

 

Introduced: 2/16/2017

 

Last Amend: 4/19/2018

 

Status: 5/15/2018-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (May 15). Re-referred to Com. on APPR.

 

Location: 5/15/2018-S. APPR.

 

Calendar: 6/25/2018  10 a.m. - John L. Burton Hearing Room (4203)  SENATE APPROPRIATIONS, PORTANTINO, Chair

 

Summary: Existing law permits a person, corporation, or public agency to apply to the Secretary of State for certification or conditional approval of a remote accessible vote by mail system. Existing law requires the Secretary of State to examine and certify remote accessible vote by mail systems, as specified.Existing law permits a voter, including a voter with a disability or a military or overseas voter, to apply for and receive a vote by mail ballot from his or her county elections official. Existing law also authorizes specified counties to conduct an election as an all-mailed ballot election if specified requirements are satisfied, including requirements relating to accessibility by voters with disabilities.This bill would require a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible vote by mail system. This requirement would not apply to a county when conducting an all-mailed ballot election, as specified. These provisions would become operative on January 1, 2020, or one year after the date on which the Secretary of State certifies a remote accessible vote by mail system pursuant to existing provisions of law, whichever is later.By imposing additional duties on local elections officials, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

 

 

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: 6/11/2018  html   pdf

 

Introduced: 2/17/2017

 

Last Amend: 6/11/2018

 

Status: 6/11/2018-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on P.E. & R.

 

Location: 6/11/2018-S. P.E. & R.

 

Calendar: 6/25/2018  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 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: Amended: 5/31/2018  html   pdf

 

Introduced: 1/10/2018

 

Last Amend: 5/31/2018

 

Status: 6/4/2018-Re-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 1818

(Committee on Budget)   State public employment: memorandum of understanding: Bargaining Unit 6: approval.

 

Current Text: Amended: 6/11/2018  html   pdf

 

Introduced: 1/10/2018

 

Last Amend: 6/11/2018

 

Status: 6/13/2018-From committee: Do pass. (Ayes 14. Noes 2.) (June 13). Read second time. Ordered to third reading.

 

Location: 6/13/2018-S. THIRD READING

 

Calendar: 6/18/2018  #49  SENATE SEN THIRD READING FILE - ASM BILLS

 

Summary: (1)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 requiring the expenditure of funds in the memorandum of understanding entered into between the state employer and State Bargaining Unit 6, California Correctional Peace Officers Association.This bill would provide that provisions of the memorandum of understanding described above and 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. The bill would authorize the state employer and State Bargaining Unit 6 to meet and confer to renegotiate the affected provisions if funds for those provisions are not specifically appropriated by the Legislature. The bill would require the provisions of this memorandum of understanding that require the expenditure of funds to become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act.The bill would appropriate to the Controller from the General Fund, unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the memorandum of understanding described above if the Budget Act is not enacted on or before July 1 in the 2018–19 or 2019–20 fiscal year, as specified.(2)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

 

 

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 1937

(Santiago D)   Public employment: payroll deductions.

 

Current Text: Amended: 5/10/2018  html   pdf

 

Introduced: 1/25/2018

 

Last Amend: 5/10/2018

 

Status: 6/7/2018-Referred to Com. on P.E. & R.

 

Location: 6/7/2018-S. P.E. & R.

 

Calendar: 6/25/2018  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 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 require public employers to make rules and regulations for the administration of specified payroll deductions, subject to meeting and conferring with the applicable employee organizations.This bill contains other related provisions and other existing laws.

 

 

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: 6/13/2018-Read second time. Ordered to Consent Calendar.

 

Location: 6/13/2018-S. CONSENT CALENDAR

 

Calendar: 6/18/2018  #98  SENATE SEN CONSENT CALENDAR SECOND LEGISLATIVE DAY

 

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: 4/11/2018  html   pdf

 

Introduced: 2/5/2018

 

Last Amend: 4/11/2018

 

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

 

Location: 5/3/2018-S. P.E. & R.

 

Calendar: 6/25/2018  2 p.m. or upon adjournment of Session - Rose Ann Vuich Hearing Room (2040)  SENATE PUBLIC EMPLOYMENT AND RETIREMENT, PAN, Chair

 

Summary: Existing law 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 and would include in the definition of “public employee” those employees of a public transit agency with specified labor relation provisions. 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 2196

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

 

Current Text: Amended: 6/13/2018  html   pdf

 

Introduced: 2/12/2018

 

Last Amend: 6/13/2018

 

Status: 6/13/2018-Read second time and amended. Re-referred to Com. on APPR.

 

Location: 6/13/2018-S. APPR.

 

Calendar: 6/25/2018  10 a.m. - John L. Burton Hearing Room (4203)  SENATE APPROPRIATIONS, PORTANTINO, Chair

 

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, on or after January 1, 2020, 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 2199

(Irwin D)   State budget.

 

Current Text: Amended: 5/9/2018  html   pdf

 

Introduced: 2/12/2018

 

Last Amend: 5/9/2018

 

Status: 5/30/2018-Referred to Com. on B. & F.R.

 

Location: 5/30/2018-S. BUDGET & F.R.

 

Summary: Existing law requires the Governor to submit to the Legislature, within the first 10 days of each calendar year, a budget for the ensuing fiscal year. Existing law requires the Director of Finance to provide to the Legislature, on or before February 1 of each year, all proposed statutory changes necessary to implement the Governor’s Budget.This bill would require the Director of Finance, if the director proposes to limit the operation of a recently amended or added statute as a part of the budget process described above, to, at the same time that the director proposes statutory changes to the Legislature, notify the author of the bill that last amended or added that statute, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the relevant policy committees of the Legislature of the proposed changes in writing. The bill would also define various terms for the purposes of these provisions.

 

 

AB 2305

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

 

Current Text: Amended: 4/3/2018  html   pdf

 

Introduced: 2/13/2018

 

Last Amend: 4/3/2018

 

Status: 6/7/2018-Referred to Com. on P.E. & R.

 

Location: 6/7/2018-S. P.E. & R.

 

Calendar: 6/25/2018  2 p.m. or upon adjournment of Session - Rose Ann Vuich Hearing Room (2040)  SENATE PUBLIC EMPLOYMENT AND RETIREMENT, PAN, Chair

 

Summary: Existing law 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.This bill would specify that these provisions apply to peace officer employee organizations but do not apply to 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.This bill contains other existing laws.

 

 

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: 6/12/2018-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 11). Re-referred to Com. on APPR.

 

Location: 6/11/2018-S. APPR.

 

Calendar: 6/25/2018  10 a.m. - John L. Burton Hearing Room (4203)  SENATE APPROPRIATIONS, PORTANTINO, Chair

 

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 2361

(Weber D)   University of California: outsource contracts.

 

Current Text: Amended: 5/1/2018  html   pdf

 

Introduced: 2/13/2018

 

Last Amend: 5/1/2018

 

Status: 6/13/2018-Referred to Com. on ED.

 

Location: 6/13/2018-S. ED.

 

Calendar: 6/27/2018  9 a.m. - John L. Burton Hearing Room (4203)  SENATE EDUCATION, ALLEN, Chair

 

Summary:  Existing law establishes the 3 segments of public postsecondary education in this state, including the University of California, which is administered by the Regents of the University of California.This bill would request the Regents of the University of California to record and report to the Legislature, through a publicly accessible Internet Web site maintained by the university and updated each January 1 and July 1, specified information regarding service work performed by a contractor, as defined, pursuant to an outsource contract, as defined, with links to specified related documents. To qualify as the lowest responsible bidder or the best value awardee, or otherwise to perform any service work for the University of California, the bill would require that a contractor agree to provide the university with specified information. If a contractor fails to provide any of the specified required information, or provides information that is false, the contractor would be disqualified from bidding on any contract with the university for a period of 2 calendar years from the date that the accurate information should have been provided or the date on which the violation was discovered, whichever is later.

 

 

AB 2396

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

 

Current Text: Amended: 4/18/2018  html   pdf

 

Introduced: 2/14/2018

 

Last Amend: 4/18/2018

 

Status: 6/12/2018-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (June 12). Re-referred to Com. on APPR.

 

Location: 6/12/2018-S. APPR.

 

Calendar: 6/25/2018  10 a.m. - John L. Burton Hearing Room (4203)  SENATE APPROPRIATIONS, PORTANTINO, 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 or state officer, not including a member of the board of directors, 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 or state officer.

 

 

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: 6/7/2018-Referred to Com. on P.E. & R.

 

Location: 6/7/2018-S. P.E. & R.

 

Calendar: 6/25/2018  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) 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: Amended: 4/10/2018  html   pdf

 

Introduced: 2/14/2018

 

Last Amend: 4/10/2018

 

Status: 6/7/2018-Referred to Com. on P.E. & R.

 

Location: 6/7/2018-S. P.E. & R.

 

Calendar: 6/25/2018  2 p.m. or upon adjournment of Session - Rose Ann Vuich Hearing Room (2040)  SENATE PUBLIC EMPLOYMENT AND RETIREMENT, PAN, Chair

 

Summary: Existing law 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. The bill would prohibit a state agency from adopting the program in circumstances that are inappropriate based on safety, health, or other concerns for the infant or adult, as specified.

 

 

AB 2483

(Voepel R)   Indemnification of public officers and employees: antitrust awards.

 

Current Text: Amended: 4/9/2018  html   pdf

 

Introduced: 2/14/2018

 

Last Amend: 4/9/2018

 

Status: 5/17/2018-Referred to Com. on JUD.

 

Location: 5/17/2018-S. JUD.

 

Calendar: 6/26/2018  1:30 p.m. - Room 112  SENATE JUDICIARY, JACKSON, Chair

 

Summary: The Government Claims Act, except as provided, requires a public entity to pay any judgment or any compromise or settlement of a claim or action against an employee or former employee of the public entity if the employee or former employee requests the public entity to defend him or her against any claim or action against him or her for an injury arising out of an act or omission occurring within the scope of his or her employment as an employee of the public entity, the request is made in writing not less than 10 days before the day of trial, and the employee or former employee reasonably cooperates in good faith in the defense of the claim or action. That act prohibits the payment of punitive or exemplary damages by a public entity, except as specified.This bill would require a public entity to pay a judgment or settlement for treble damage antitrust awards against a member of a regulatory board within the Department of Consumer Affairs for an act or omission occurring within the scope of the member’s official capacity as a member of that regulatory board. The bill would specify that treble damages awarded pursuant to a specified federal law for violation of another federal law are not punitive or exemplary damages within the act.

 

 

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: 6/14/2018-In committee: Set, first hearing. Hearing canceled at the request of author.

 

Location: 6/7/2018-S. P.E. & R.

 

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’ Retirement System: limited term appointments.

 

Current Text: Amended: 6/14/2018  html   pdf

 

Introduced: 2/15/2018

 

Last Amend: 6/14/2018

 

Status: 6/14/2018-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on P.E. & R.

 

Location: 5/3/2018-S. P.E. & R.

 

Calendar: 6/25/2018  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) 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 and a school employer to contract to make their employees members of PERS. PERL establishes the compensation earnable by members of the system, defined as the member’s payrate and special compensation, including out-of-class pay. Existing law requires fees and other amounts received by the Board of Administration of PERS pursuant to PERL to be credited to the Public Employees’ Retirement Fund, a continuously appropriated fund.This bill would instead require that the amount of money for this penalty equal 3 times the employee and employer contributions that otherwise would have been paid and reported to the system for the difference between the compensation paid for the out-of-class appointment and the compensation that would have been paid and reported to the system, but for the vacancy, for the position in accordance with a publicly available pay schedule applicable to the vacant position, for the entire period or periods the member serves in an out-of-class appointment. By increasing the amount of moneys deposited in a continuously appropriated fund, this bill would make an appropriation.This bill contains other existing laws.

 

 

AB 2713

(Rodriguez D)   Public employment: sexual harassment tracking.

 

Current Text: Amended: 4/25/2018  html   pdf

 

Introduced: 2/15/2018

 

Last Amend: 4/25/2018

 

Status: 6/12/2018-From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 11). Re-referred to Com. on JUD.

 

Location: 6/11/2018-S. JUD.

 

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 prohibit the equal employment officer from including in the report any individually identifiable information pertaining to a complainant or witness. 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, in a machine readable format, 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, and to provide specified information for each complaint.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: 6/12/2018-From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 12). Re-referred to Com. on APPR.

 

Location: 6/12/2018-S. APPR.

 

Calendar: 6/25/2018  10 a.m. - John L. Burton Hearing Room (4203)  SENATE APPROPRIATIONS, PORTANTINO, Chair

 

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 2822

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

 

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

 

Introduced: 2/16/2018

 

Last Amend: 4/4/2018

 

Status: 5/17/2018-Referred to Com. on G.O.

 

Location: 5/17/2018-S. G.O.

 

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 authorizes the auditor to consult with the Controller, Attorney General, and other state agencies that have oversight responsibilities over any local government agency to identify local governments that are at high risk.This bill would additionally authorize the California State Auditor to review publicly available information to identify local governments that are at high risk.

 

 

AB 2970

(Cooper D)   Public employees: new employee orientations.

 

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

 

Introduced: 2/16/2018

 

Last Amend: 5/3/2018

 

Status: 6/12/2018-From committee: Do pass and re-refer to Com. on JUD. (Ayes 3. Noes 2.) (June 11). Re-referred to Com. on JUD.

 

Location: 6/11/2018-S. JUD.

 

Calendar: 6/26/2018  1:30 p.m. - Room 112  SENATE JUDICIARY, JACKSON, 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, the exclusive representative, or a vendor that is contracted to provide a service for purposes of the orientation.This bill contains other related provisions and other existing laws.

 

 

AB 3034

(Low D)   Public transit employer-employee relations: San Francisco Bay Area Rapid Transit District.

 

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

 

Introduced: 2/16/2018

 

Last Amend: 3/23/2018

 

Status: 5/30/2018-Referred to Com. on P.E. & R.

 

Location: 5/30/2018-S. P.E. & R.

 

Calendar: 6/25/2018  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 contains provisions relating to employer-employee relations between the state and its employees, public schools and their employees, local public agencies and their employees, and postsecondary educational institutions and their employees. The Meyers-Milias-Brown Act, in this regard, generally governs employer-employee relations between local public agencies and their employees. Existing laws provide these public employees with the right to form, join, and participate in the activities of employee organizations for the purpose of representation on all matters of employer-employee relations. The selected employee organization has the right to represent its members on all matters of employer-employee relations, including disputes.Existing law also prescribes the powers and duties of public transit districts, including administering employer-employee relations. The courts have held that the Meyers-Milias-Brown Act, pertaining to employer-employee relations between local public agencies and their employees, does not apply to public transit districts that have a statutorily prescribed method of administering employer-employee relations that was in existence at the time the Meyers-Milias-Brown Act was enacted.This bill would give employees within the supervisory units of the San Francisco Bay Area Rapid Transit District the right to form, join, and participate in the activities of employee organizations of their own choosing for the purposes of representation on all employer-employee relations matters and would permit these employees to meet, confer, and enter into memoranda of understanding for these purposes pursuant to the Meyers-Milias-Brown Act. The bill would provide that the act governs these employer-employee relations and that they are subject to the exclusive jurisdiction of, and are to be administered by, the Public Employment Relations Board.This bill contains other existing laws.

 

 

AB 3245

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

 

Current Text: Amended: 4/9/2018  html   pdf

 

Introduced: 2/22/2018

 

Last Amend: 4/9/2018

 

Status: 5/24/2018-Referred to Com. on RLS.

 

Location: 5/24/2018-S. RLS.

 

Summary: Existing law establishes various public agency retirement systems, including, among others, the Public Employees’ Retirement System, the Judges’ Retirement System, and the Judges’ Retirement System II. These systems provide defined benefits to public employees based on age, service credit, and amount of final compensation.This bill would make various nonsubstantive changes to provisions governing these retirement systems.

 

 

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 174

(Lara D)   Public employment: eligibility.

 

Current Text: Amended: 4/30/2018  html   pdf

 

Introduced: 1/23/2017

 

Last Amend: 4/30/2018

 

Status: 6/14/2018-From committee: Be re-referred to Com. on JUD. (Ayes 7. Noes 0.) (June 14). Re-referred to Com. on JUD.

 

Location: 6/14/2018-A. JUD.

 

Summary: Existing law provides that citizens of the state are all persons born in the state and residing in it, except the children of transient aliens and of alien public ministers and consuls, and all persons born out of the state who are citizens of the United States and residing within the state.This bill would instead provide that citizens of the state are all persons born in the state and residing in it and all persons born out of the state who are citizens of the United States and residing within the state.Existing law prohibits a person from holding a civil office if, at the time of election or appointment, the person is not 18 years of age and a citizen of the state, as defined.This bill would instead provide that a person is eligible to hold an elective civil office if, at the time of election, the person is 18 years of age and a citizen of the state. The bill would also provide that a person, regardless of citizenship or immigration status, is eligible to hold an appointed civil office if the person is 18 years of age and a resident of the state. The bill would provide that a person appointed to civil office, regardless of citizenship or immigration status, may receive any form of compensation that the person is not otherwise prohibited from receiving pursuant to federal law, including, but not limited to, any stipend, grant, or reimbursement of personal expenses that is associated with carrying out the duties of that office.

 

 

SB 459

(Portantino D)   Public employee retirement systems: prohibited investments: retailers and wholesalers of banned weapons.

 

Current Text: Amended: 6/12/2018  html   pdf

 

Introduced: 2/16/2017

 

Last Amend: 6/12/2018

 

Status: 6/12/2018-From committee with author's amendments. Read second time and amended. Re-referred to Com. on P.E., R., & S.S.

 

Location: 5/31/2018-A. P.E.,R. & S.S.

 

Calendar: 6/20/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, Chair

 

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 board of administration of the Public Employees’ Retirement System (PERS) from making investments in certain countries and in thermal coal companies, as specified, subject to the board’s plenary authority and fiduciary responsibility for investment of moneys and administration of the system. Existing law requires the state to indemnify and hold harmless the present, former, and future board members, officers, and employees of PERS for investment decisions regarding specified business operations.This bill would require the board of administration of PERS, by July 1, 2019, to adopt an investment policy regarding companies that are retailers or wholesalers of banned weapons, based on a limited timeframe of engagement seeking the voluntary removal of banned weapons from the stock of items sold by these companies. The bill would require the board, if unsuccessful in persuading the governing board of a company to cease in the sale of banned weapons, to adopt a divestment action and divest from that company by no later than July 1, 2021. The bill would also require the board, if a company reinitiates the sale of banned weapons after voluntarily choosing to cease sales, to initiate action to divest within 60 days of that decision. The bill would not require the board to take any above-described action unless it determines that the action is consistent with its fiduciary responsibilities. The bill would specify that board members and other officers and employees would be indemnified and held harmless in connection with actions taken pursuant to the bill’s requirements.

 

 

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: 6/7/2018  html   pdf

 

Introduced: 2/17/2017

 

Last Amend: 6/7/2018

 

Status: 6/7/2018-From committee with author's amendments. Read second time and amended. Re-referred to Com. on P.E., R., & S.S.

 

Location: 4/23/2018-A. P.E.,R. & S.S.

 

Calendar: 6/20/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, Chair

 

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. Existing law specifies benefits provided to a surviving spouse or other beneficiary in relation to these provisions.This bill would authorize a judge who is not otherwise eligible to retire and 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 leave his or her monetary credits on deposit with the system, to retire, and upon reaching retirement age, as specified, to receive a monthly retirement allowance, as provided. The bill would prescribe procedures to apply if the judge fails to elect within 30 days of separation and would authorize the board to charge an administrative fee, as specified, to a judge who elects to apply these provisions. The bill would specify the retirement allowance provided to a surviving spouse or other beneficiary, and would make other conforming changes in relation to these provisions. The bill would also provide, for the purposes of the Judges’ Retirement System II, and for a judge first appointed or elected to office on or after January 1, 2019, that a surviving spouse is a spouse who was married to the judge continuously from the date of retirement until the judge’s death.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)   Public employee pension funds: divestment proposals: review.

 

Current Text: Amended: 6/14/2018  html   pdf

 

Introduced: 2/17/2017

 

Last Amend: 6/14/2018

 

Status: 6/14/2018-From committee with author's amendments. Read second time and amended. Re-referred to Com. on P.E., R., & S.S.

 

Location: 4/19/2018-A. P.E.,R. & S.S.

 

Calendar: 6/20/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, Chair

 

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 their respective systems. The bill would authorize the Chairperson of the Assembly Committee on Public Employees, Retirement, and Social Security, the Chairperson of the Senate Committee on Public Employment and Retirement, the Speaker of the Assembly, or the President pro Tempore of the Senate to request assessment of a divestment proposal and would require the requesting party to forward the proposal to the program. Not later than 60 days after receiving a request, the bill would require the program to provide its analysis to the appropriate policy and fiscal committees of the Legislature. The bill would require the program’s analysis to be made publicly available. The bill would create the Pension Divestment Review Program the moneys in which, upon appropriation by the Legislature, would be available to support the work of the program. The bill would appropriate $2,000,000 from the General Fund for support of the program for the 2018–19 fiscal year. The bill would require the program to submit a report to the Governor and the Legislature on or before January 1, 2020, regarding the implementation of these provisions.This bill contains other existing laws.

 

 

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: Amended: 5/24/2018  html   pdf

 

Introduced: 1/10/2018

 

Last Amend: 5/24/2018

 

Status: 5/24/2018-From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.R.

 

Location: 1/10/2018-S. BUDGET & F.R.

 

Summary: This bill would make appropriations for the support of the government of the State of California and for several public purposes in accordance with the provisions of Section 12 of Article IV of the Constitution of the State of California, relating to the state budget, to take effect immediately, budget bill.

 

 

SB 840

(Mitchell D)   Budget Act of 2018.

 

Current Text: Enrolled: 6/14/2018  html   pdf

 

Introduced: 1/10/2018

 

Last Amend: 6/10/2018

 

Status: 6/14/2018-Senate adopted Conference Committee report. (Ayes 27. Noes 10.) Assembly adopted Conference Committee report. (Ayes 57. Noes 23.)

 

Location: 5/25/2018-S. CONFERENCE COMMITTEE

 

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 852

(Committee on Budget and Fiscal Review)   State public employment: memorandum of understanding: Bargaining Unit 6: approval.

 

Current Text: Enrollment: 6/14/2018  html   pdf

 

Introduced: 1/10/2018

 

Last Amend: 6/11/2018

 

Status: 6/14/2018-Assembly Rule 96 suspended. Withdrawn from committee. Ordered to third reading. Assembly Rule 63 suspended. Read third time. Passed. Ordered to the Senate. In Senate. Concurrence in Assembly amendments pending. Unanimous consent granted to take up without reference to file. Assembly amendments concurred in. (Ayes 30. Noes 3.) Ordered to engrossing and enrolling.

 

Location: 6/14/2018-S. ENROLLMENT

 

Summary: Current 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 requiring the expenditure of funds in the memorandum of understanding entered into between the state employer and State Bargaining Unit 6, California Correctional Peace Officers Association. This bill would provide that provisions of the memorandum of understanding described above and 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. The bill would authorize the state employer and State Bargaining Unit 6 to meet and confer to renegotiate the affected provisions if funds for those provisions are not specifically appropriated by the Legislature. The bill would require the provisions of this memorandum of understanding that require the expenditure of funds to become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

 

 

Memo:

 

 

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: 6/11/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 6/11/2018-A. P.E.,R. & S.S.

 

Calendar: 6/20/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, 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: 4/12/2018  html   pdf

 

Introduced: 2/7/2018

 

Last Amend: 4/12/2018

 

Status: 5/17/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 5/17/2018-A. P.E.,R. & S.S.

 

Calendar: 6/20/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, 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 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 1085

(Skinner D)   Public employees: leaves of absence: exclusive bargaining representative service.

 

Current Text: Amended: 5/29/2018  html   pdf

 

Introduced: 2/12/2018

 

Last Amend: 5/29/2018

 

Status: 5/29/2018-From committee with author's amendments. Read second time and amended. Re-referred to Com. on P.E., R., & S.S.

 

Location: 5/17/2018-A. P.E.,R. & S.S.

 

Calendar: 6/20/2018  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, the Judicial Council Employer-Employee 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, specified local public agencies, and their employees. Existing law establishes other requirements relating to labor relations that are applicable to certain 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 require 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 requires the California State University, the governing board of a school district, and the governing board of a community college district to grant specified employees a leave of absence without loss of compensation, as specified, for the purpose of enabling the employee to serve as an elected officer of specified employee organizations. This bill would require public employers, subject to the acts described above, and specified public employers of transit workers, upon request of the exclusive representative of an employee, to grant reasonable leaves of absence without loss of compensation or other benefits for the purpose of enabling employees to serve as stewards or officers of the exclusive representative, or of any statewide or national employee organization with which the exclusive representative is affiliated. The bill would specify that leave may be granted on a full-time, part-time, periodic, or intermittent basis, in accordance with certain procedures. The bill would grant the steward or representative, at the conclusion or termination of the leave granted, the right of reinstatement to the same position and work location held before the leave, or if not feasible, a substantially similar position without loss of seniority, rank, or classification. The bill would provide that the exclusive representative is not obligated to use leave under this provision and may terminate that leave at any time, for any reason. The bill would require the exclusive representation or employee organization to reimburse the public employer for all compensation paid to the employee on leave, unless otherwise agreed to, as specified. The bill would specify that compensation during leave granted is required to include retirement fund contributions, the employee is to earn full service credit during the leave, and is required to pay his or her membership contributions, unless the employer has agreed to pay the contributions on the employee’s behalf, as specified. The bill would also provide that a public employer is not liable for acts, omissions, or injuries suffered by employees that occur during the course and scope of the employee’s leave, as prescribed.

 

 

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: 5/25/2018  html   pdf

 

Introduced: 2/13/2018

 

Last Amend: 5/25/2018

 

Status: 6/7/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 6/7/2018-A. P.E.,R. & S.S.

 

Calendar: 6/20/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, Chair

 

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.This bill would establish new procedures under PERL for cases in which a member’s benefits are erroneously calculated by the state or a contracting agency. The bill, with respect to a memorandum of understanding (MOU) entered into before January 1, 2019, would require the system, upon determining that compensation for an employee member covered by that MOU reported by the state or a contracting agency conflicts with specified law, to discontinue the reporting of the disallowed compensation and not to pay benefits based on the disallowed compensation, except as provided. The bill would require the contributions made on the disallowed compensation, for active members, to be credited against future contributions on behalf of the member. The bill would require PERS, with respect to retired members or beneficiaries whose final compensation at retirement was predicated upon disallowed compensation, to permanently adjust the benefit to reflect the inclusion of the disallowed compensation. The bill would also require that the retired member or beneficiary be permitted to retain the benefit level and not be required to repay that benefit, if, among other things, the member was unaware the compensation was disallowed when reported. The bill would require the applicable state or contracting agency to pay the cost associated with the new entitlement, as specified.This bill contains other related provisions and other existing laws.

 

 

SB 1144

(Dodd D)   Enhanced industrial disability leave: State Bargaining Unit 8.

 

Current Text: Amended: 4/9/2018  html   pdf

 

Introduced: 2/14/2018

 

Last Amend: 4/9/2018

 

Status: 6/11/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 6/11/2018-A. P.E.,R. & S.S.

 

Calendar: 6/20/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, Chair

 

Summary: Existing law generally grants to state officers and employees who are members of the Public Employees’ Retirement System or the State Teachers’ Retirement System, among others, a right to industrial disability leave, as defined. Existing law also grants an employee who is a member of State Bargaining Unit 8 and is temporarily disabled in the course of state employment for more than 22 days an extended industrial disability leave benefit based on his or her net salary, as defined. Existing law authorizes the employee to receive this benefit for a period not to exceed 52 weeks after the date of injury or until the date the injury is declared permanent, whichever is earlier. Existing law also authorizes an eligible employee whose injuries are burn-related to receive that benefit for up to 156 weeks.This bill would delete the above requirement that an employee of State Bargaining Unit 8 be temporarily disabled for a period that exceeds 22 consecutive days to be entitled to the enhanced industrial disability leave benefit. The bill would also include within this benefit any salary increases that the employee would have received during his or her leave. The bill would revise the above condition concerning an injury or illness being declared permanent, to include that it also be declared stationary.

 

 

SB 1195

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

 

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

 

Introduced: 2/15/2018

 

Last Amend: 4/2/2018

 

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

 

Location: 5/3/2018-A. P.E.,R. & S.S.

 

Calendar: 6/20/2018  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 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. The bill would prohibit the trustees of these health benefit plan trusts from using geographic regions that are different from the geographic regions established by the board for the regional premiums authorized for contracting agencies, except as specified.

 

 

SB 1207

(De León D)   CalSavers Retirement Savings Program.

 

Current Text: Amended: 4/9/2018  html   pdf

 

Introduced: 2/15/2018

 

Last Amend: 4/9/2018

 

Status: 6/14/2018-June 20 hearing postponed by committee.

 

Location: 5/17/2018-A. L. & E.

 

Summary:  Existing law, known as the California Secure Choice Retirement Savings Trust Act, establishes the California Secure Choice Retirement Savings Program, administered by the California Secure Choice Retirement Savings Investment Board. The program requires specified eligible employers, as defined, to offer a payroll deposit retirement savings arrangement and requires eligible employees, as defined, who do not opt out of the program, to contribute a portion of their salary or wages to a retirement savings account in the program, as specified.This bill would change the name of the California Secure Choice Retirement Savings Program to the CalSavers Retirement Savings Program and would make conforming changes.

 

 

SB 1270

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

 

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

 

Introduced: 2/16/2018

 

Status: 5/17/2018-June 6 hearing postponed by committee.

 

Location: 5/3/2018-A. P.E.,R. & S.S.

 

Calendar: 6/20/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, 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: Amended: 4/16/2018  html   pdf

 

Introduced: 2/16/2018

 

Last Amend: 4/16/2018

 

Status: 6/14/2018-Referred to Coms. on P.E., R., & S.S. and V.A.

 

Location: 6/14/2018-A. P.E.,R. & S.S.

 

Calendar: 6/20/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, 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. 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. The bill would state that sick leave credited under these provisions is ineligible for conversion to service credit, as specified.

 

 

SB 1413

(Nielsen R)   Public employees’ retirement: pension prefunding.

 

Current Text: Amended: 5/25/2018  html   pdf

 

Introduced: 2/16/2018

 

Last Amend: 5/25/2018

 

Status: 6/11/2018-Referred to Com. on P.E., R., & S.S.

 

Location: 6/11/2018-A. P.E.,R. & S.S.

 

Calendar: 6/20/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, Chair

 

Summary: Existing law creates the Public Employees’ Retirement System, which provides defined retirement benefits to employees of the state and to employees of other public agencies contracting with the Board of Administration of the Public Employees’ Retirement System for this purpose. The benefits provided by the system are funded by employer and employee contributions and investment returns. This bill would enact the California Employers’ Pension Prefunding Trust Program and establish the California Employers’ Pension Prefunding Trust Fund to allow state and local public agency employers that provide a defined benefit pension plan to their employees to prefund their required pension contributions.This bill contains other related provisions.

 

 

SB 1504

(Committee on Public Employment and Retirement)   Public employment: retirement savings plans, employment conditions, and training.

 

Current Text: Amended: 6/6/2018  html   pdf

 

Introduced: 3/14/2018

 

Last Amend: 6/6/2018

 

Status: 6/6/2018-From committee with author's amendments. Read second time and amended. Re-referred to Com. on P.E., R., & S.S.

 

Location: 5/25/2018-A. P.E.,R. & S.S.

 

Calendar: 6/20/2018  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY, RODRIGUEZ, Chair

 

Summary: (1)Under existing law, the Department of Human Resources succeeds to and is vested with all the powers and duties previously performed by the Department of Personnel Administration. Existing law authorizes the Department of Human Resources to establish a deferred compensation plan that permits state officers and employees, participating pursuant to written agreement, to provide for a deferral of their wages. Existing law requires the department to permit officers and employees participating in a tax-deferred retirement savings plan to invest in a range of specified investment options.This bill would revise these provisions generally to refer to tax-advantaged retirement savings plans and would eliminate the requirement that the participation agreement be written. The bill would delete specific references to investment options that must be offered and instead require the department to offer a broad range of investments. The bill would grant the department the exclusive authority to determine the investment products provided in the core portfolio, subject to certain requirements. The bill would also require the department to offer a brokerage option. The bill would additionally update various references to the Department of Personnel Administration to instead refer to the Department of Human Resources.(2)Existing law provides that when an employer discharges an employee, or he or she quits, as specified, the wages earned and unpaid at the time of discharge are due and payable immediately. Existing law, applicable to the state, permits an employee, when he or she is discharged, quits, or retires, to elect at least 5 workdays prior to his or her last day of employment that unused vacation and leave, as specified, be applied to the employee’s state sponsored supplemental retirement plan or received as a lump sum. Subject to certain requirements, a state employee may elect different options to defer payment into the next calendar year.This bill would provide that the election described above be made no later than 5 days after his or her final day of employment. The bill would provide that certain options apply only to leave if the employee is terminated or leaves employment after November 1 of a calendar year, and would prescribe conditions regarding when payments would be deferred, deposited, or tendered. The bill would make various conforming changes, including to conform with federal regulation.This bill would extend that requirement to training of managers. This bill contains other related provisions and other existing laws.

 

Total Measures: 78

Total Tracking Forms: 78

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

SB 1031 - Public employees’ retirement: cost-of-living adjustments: prohibitions.d

SB 1032 - California Public Employees’ Retirement System: contract members: termination.

SB 1033 - Public employees’ retirement: reciprocal benefits: actuarial liability.

Updated 6/15/2018