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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 October 9, 2018)



ACSS Legislative Report

10/9/2018

Support

 

AB 183

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

 

Current Text: Vetoed: 9/6/2018  html   pdf

 

Introduced: 1/19/2017

 

Last Amend: 5/25/2017

 

Status: 9/6/2018-Vetoed by Governor.

 

Location: 9/6/2018-A. VETOED

 

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

Signature request letter sent to Governor -- 09-06-18

 

AB 1912

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

 

Current Text: Chaptered: 9/29/2018  html   pdf

 

Introduced: 1/23/2018

 

Last Amend: 8/24/2018

 

Status: 9/29/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 909, Statutes of 2018.

 

Location: 9/29/2018-A. CHAPTERED

 

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. Existing law authorizes a contracting agency, as defined, to terminate a contract under the Public Employees’ Retirement System pursuant to specified procedures and authorizes the Board of Administration of the Public Employees’ Retirement System to terminate a contract with a contracting agency under specified circumstances, including if a contracting agency fails to pay any installment of contributions into the Public Employees’ Retirement Fund.This bill would specify that the parties to the joint powers agreement may not specify otherwise with respect to retirement liabilities of the agency if the agency contracts with a public retirement system, and would eliminate an authorization for a party to a joint powers agreement to separately contract or assume responsibilities for specific debts, liabilities, or obligations of the agency.This bill contains other related provisions and other existing laws.

 

 

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

Support letter sent to Sen. Floor -- 7/3/18

Support letter sent to Sen. APPR -- 8/10/18

Signature request letter sent to Governor -- 09-06-18

 

AB 1916

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

 

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

 

Introduced: 1/23/2018

 

Last Amend: 5/25/2018

 

Status: 9/30/2018-Vetoed by Governor.

 

Location: 9/30/2018-A. VETOED

 

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

Support letter sent to Sen. APPR -- 8/10/18

Signature request letter sent to Governor -- 09-06-18

 

AB 2777

(Daly D)   State employees: travel reimbursements.

 

Current Text: Chaptered: 9/23/2018  html   pdf

 

Introduced: 2/16/2018

 

Last Amend: 5/24/2018

 

Status: 9/23/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 719, Statutes of 2018.

 

Location: 9/23/2018-A. CHAPTERED

 

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.

 

 

Memo:

 

Support letter sent to Author -- 06/15/18

Support letter sent to Sen. GOV ORG -- 06/15/18

Support letter sent to Sen. Floor -- 8/6/18

Signature request letter sent to Governor -- 09-06-18

 

AB 3145

(Salas D)   Disability insurance: state employees.

 

Current Text: Vetoed: 9/28/2018  html   pdf

 

Introduced: 2/16/2018

 

Last Amend: 6/18/2018

 

Status: 9/28/2018-Vetoed by Governor.

 

Location: 9/28/2018-A. VETOED

 

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 would authorize a state employee who is not subject to a certain memorandum of understanding to elect to participate in the State Disability Insurance Program, as specified, in lieu of receiving nonindustrial disability benefits.This bill contains other related provisions and other existing laws.

 

 

Memo:

 

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

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

Support letter sent to Sen. PE&R -- 6/15/18

Support letter sent to Sen. L&IR -- 6/25/18

Support letter sent to Sen. APPR -- 8/10/18

Signature request letter sent to Governor -- 09-06-18

 

ACR 204

(Baker R)   Equal Pay Day.

 

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

 

Introduced: 3/15/2018

 

Status: 4/26/2018-Chaptered by Secretary of State- Chapter 52, Statutes of 2018

 

Location: 4/26/2018-A. CHAPTERED

 

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

 

 

SB 76

(Bates R)   Vehicles: driver’s licenses and foreign vehicle registrations.

 

Current Text: Amended: 8/22/2018  html   pdf

 

Introduced: 1/10/2017

 

Last Amend: 8/22/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. TRANS. on 8/16/2018)

 

Location: 8/31/2018-S. DEAD

 

Summary: (1)Under existing law, subject to exception, an application for registration is required to be made to the Department of Motor Vehicles (DMV) within 20 days following the date registration became due for a vehicle last registered in a foreign jurisdiction that is subject to registration in California.This bill would additionally provide that for a vehicle described above whose registration becomes due in 2018, an application for California registration is required to be made to the DMV within 90 days following the date registration became due.This bill contains other related provisions and other existing laws.

 

 

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

Co-Sponsor letter sent to Asm. Floor -- 8/10/18

Note: Formerly the Excluded Employees Arbitration Act.  This bill was gutted & amended on 8/16/18.  

 

SB 646

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

 

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

 

Introduced: 2/17/2017

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. INACTIVE FILE on 9/13/2017)

 

Location: 8/31/2018-S. DEAD

 

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 1021

(Wiener D)   Prescription drugs.

 

Current Text: Chaptered: 9/26/2018  html   pdf

 

Introduced: 2/7/2018

 

Last Amend: 8/23/2018

 

Status: 9/26/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 787, Statutes of 2018.

 

Location: 9/26/2018-S. CHAPTERED

 

Summary: Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance.This bill would extend those provisions until January 1, 2024. The bill would, until January 1, 2024, prohibit a drug formulary maintained by a health care service plan or health insurer from containing more than 4 tiers, as specified. The bill would require a prescription drug benefit to provide that an enrollee or an insured is not required to pay more than the retail price for a prescription drug if a pharmacy’s retail price is less than the applicable copayment or coinsurance amount, and the payment rendered by an enrollee or insured would constitute the applicable cost sharing, as specified.This bill contains other related provisions and other existing laws.

 

 

SB 1124

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

 

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

 

Introduced: 2/13/2018

 

Last Amend: 8/23/2018

 

Status: 9/30/2018-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

 

Location: 9/30/2018-S. VETOED

 

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 would require the system, upon determining on or after January 1, 2019, or on or after January 1, 2017, if an appeal has been filed and the employee member, survivor, or beneficiary has not exhausted his or her administrative or legal remedies, that compensation for an employee member reported by the state or a contracting agency conflicts with specified law, to discontinue the reporting of the disallowed compensation. The bill would require the contributions made on the disallowed compensation, for active members, to be credited against future contributions on behalf of the state or contracting agency that reported the disallowed compensation and would require that state or contracting agency to return to the member any contributions paid by the member.This bill contains other related provisions and other existing laws.

 

 

SB 1166

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

 

Current Text: Amended: 6/18/2018  html   pdf

 

Introduced: 2/14/2018

 

Last Amend: 6/18/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. INACTIVE FILE on 8/16/2018)

 

Location: 8/31/2018-S. DEAD

 

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, and that fails to cure the delinquency within 7 days, 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

Support letter sent to Asm. APPR -- 8/6/18

Support letter sent to Asm. Floor -- 8/10/18

Oppose

 

ACA 15

(Brough R)   Public employee retirement benefits.

 

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

 

Introduced: 5/9/2017

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. PRINT on 5/9/2017)

 

Location: 8/31/2018-A. DEAD

 

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: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. P.E. & R. on 2/23/2017)

 

Location: 8/31/2018-S. DEAD

 

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.

 

 

Memo:

 

Oppose letter sent to Author -- 8/9/18

Oppose letter sent to Sen. PE&R -- 8/9/18

 

SCA 10

(Moorlach R)   Public employee retirement benefits.

 

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

 

Introduced: 2/17/2017

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. P.E. & R. on 3/2/2017)

 

Location: 8/31/2018-S. DEAD

 

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.

 

 

Memo:

 

Oppose letter sent to Author -- 8/9/18

Oppose letter sent to Sen. PE&R -- 8/9/18

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: 8/17/2018-Failed Deadline pursuant to Rule 61(b)(15). (Last location was S. 2 YEAR on 9/1/2017)

 

Location: 8/17/2018-S. DEAD

 

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: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. INACTIVE FILE on 9/13/2017)

 

Location: 8/31/2018-S. DEAD

 

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)   Public employees’ retirement: pension fund management.

 

Current Text: Amended: 8/6/2018  html   pdf

 

Introduced: 1/13/2017

 

Last Amend: 8/6/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. RLS. on 8/7/2018)

 

Location: 8/31/2018-S. DEAD

 

Summary: Existing law establishes the Public Employees’ Retirement System and the State Teachers’ Retirement System. These systems provide defined pension benefits to public employees based on age, service credit, and final compensation. The California Constitution confers upon the retirement boards of public retirement systems plenary authority and fiduciary responsibility for the investment of moneys of those systems. Existing law authorizes these public retirement system boards, consistent with their fiduciary duties and the standard for prudent investment, to prioritize investment in an in-state infrastructure project over a comparable out-of-state infrastructure project.This bill would require specified staff of the Public Employees’ Retirement System to work with appropriate state agencies to produce an annual list, that may be provided to each board, of priority infrastructure projects most suitable for funding.

 

 

AB 315

(Wood D)   Pharmacy benefit management.

 

Current Text: Chaptered: 9/29/2018  html   pdf

 

Introduced: 2/6/2017

 

Last Amend: 8/24/2018

 

Status: 9/29/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 905, Statutes of 2018.

 

Location: 9/29/2018-A. CHAPTERED

 

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.This bill would require a pharmacy to inform a customer at the point of sale for a covered prescription drug whether the retail price is lower than the applicable cost-sharing amount for the prescription drug, unless the pharmacy automatically charges the customer the lower price. If the customer pays the retail price, the bill would require the pharmacy to submit the claim to the plan or insurer in the same manner as if the customer had purchased the prescription drug by paying the cost-sharing amount when submitted by the network pharmacy. The bill would provide that the payment rendered by an enrollee would constitute the applicable cost sharing, as specified. The bill would provide that a violation of those provisions would not be grounds for disciplinary or criminal action.This bill contains other related provisions and other existing laws.

 

 

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: 7/6/2018-Failed Deadline pursuant to Rule 61(b)(14). (Last location was S. 2 YEAR on 7/21/2017)

 

Location: 7/6/2018-S. DEAD

 

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 530

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

 

Current Text: Vetoed: 10/14/2017  html   pdf

 

Introduced: 2/13/2017

 

Last Amend: 7/3/2017

 

Status: 1/12/2018-Stricken from file.

 

Location: 10/14/2017-A. VETOED

 

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 expand the jurisdiction of PERB to include resolving disputes and statutory duties and rights of persons who are employed by public agencies, as defined, and are peace officers, as defined. The bill also would authorize a peace officer, or a recognized employee organization that represents any person who is a peace officer, as specified, to bring an action in superior court to seek injunctive and other relief pending a final determination by the board, as specified. The bill would except the employee relations commissions of the County of Los Angeles and the City of Los Angeles from the application of its provisions.This bill contains 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: 8/17/2018-Failed Deadline pursuant to Rule 61(b)(15). (Last location was S. 2 YEAR on 9/1/2017)

 

Location: 8/17/2018-S. DEAD

 

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: 8/17/2018-Failed Deadline pursuant to Rule 61(b)(15). (Last location was S. 2 YEAR on 9/1/2017)

 

Location: 8/17/2018-S. DEAD

 

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: Chaptered: 9/29/2018  html   pdf

 

Introduced: 2/16/2017

 

Last Amend: 4/19/2018

 

Status: 9/29/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 906, Statutes of 2018.

 

Location: 9/29/2018-A. CHAPTERED

 

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.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.This bill contains other related provisions and other existing laws.

 

 

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: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. DESK on 9/15/2017)

 

Location: 8/31/2018-S. DEAD

 

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: Vetoed: 10/1/2018  html   pdf

 

Introduced: 2/16/2017

 

Last Amend: 8/24/2018

 

Status: 9/30/2018-Vetoed by Governor.

 

Location: 9/30/2018-A. VETOED

 

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 that portion of the total bid performed by a bidder or subcontractor if its employees, during the time that they were employed, were covered by credible health care coverage, as defined, during the 12-month period immediately preceding submission of the bid. The bill would establish a procedure for a bidder to claim a bid preference by submitting separate statements from the bidder and each of its qualified listed subcontractors, on a form developed by the Department of General Services with the Department of Industrial Relations, each certifying that it qualifies for the bid preference. The bill would require the bidder and contractors to continue to cover its employees with credible health care coverage, 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: Vetoed: 10/1/2018  html   pdf

 

Introduced: 2/17/2017

 

Last Amend: 8/24/2018

 

Status: 9/30/2018-Vetoed by Governor.

 

Location: 9/30/2018-A. VETOED

 

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, upon the passage of a federal law that imposes sanctions on Turkey for failure to acknowledge the Armenian Genocide, 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 those sanctions on Turkey. The bill would require these boards, within one year of the passage of a federal law imposing those sanctions on Turkey, to make a specified report to the Legislature and the Governor regarding these actions. The bill would specify 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. The bill would repeal these provisions if a determination is made by the Department of State or the Congress of the United States, or another appropriate federal agency, that the government of Turkey has officially acknowledged its responsibility for the Armenian Genocide.

 

 

AB 1756

(Brough R)   Transportation funding.

 

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

 

Introduced: 1/4/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. TRANS. on 1/16/2018)

 

Location: 8/31/2018-A. DEAD

 

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: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. BUDGET on 1/29/2018)

 

Location: 8/31/2018-A. DEAD

 

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: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. INACTIVE FILE on 7/5/2018)

 

Location: 8/31/2018-S. DEAD

 

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: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. TRANS. on 1/29/2018)

 

Location: 8/31/2018-A. DEAD

 

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: 8/17/2018-Failed Deadline pursuant to Rule 61(b)(15). (Last location was S. APPR. on 6/7/2018)

 

Location: 8/17/2018-S. DEAD

 

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: Chaptered: 7/9/2018  html   pdf

 

Introduced: 2/1/2018

 

Status: 7/9/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 72, Statutes of 2018.

 

Location: 7/9/2018-A. CHAPTERED

 

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: 8/17/2018-Failed Deadline pursuant to Rule 61(b)(15). (Last location was S. APPR. on 5/3/2018)

 

Location: 8/17/2018-S. DEAD

 

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: Chaptered: 8/20/2018  html   pdf

 

Introduced: 2/12/2018

 

Last Amend: 6/13/2018

 

Status: 8/20/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 168, Statutes of 2018.

 

Location: 8/20/2018-A. CHAPTERED

 

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: 6/29/2018-Failed Deadline pursuant to Rule 61(b)(13). (Last location was S. BUDGET & F.R. on 5/30/2018)

 

Location: 6/29/2018-S. DEAD

 

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: Vetoed: 9/28/2018  html   pdf

 

Introduced: 2/13/2018

 

Last Amend: 8/17/2018

 

Status: 9/28/2018-Vetoed by Governor.

 

Location: 9/28/2018-A. VETOED

 

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 do not apply to disputes between a public agency and persons who are peace officers, but do apply to disputes between a public agency and peace officer employee organizations, regardless of whether the charging party or responding party is the individual peace officer, the peace officer employee organization, or the public agency.This bill contains other existing laws.

 

 

AB 2310

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

 

Current Text: Chaptered: 8/28/2018  html   pdf

 

Introduced: 2/13/2018

 

Last Amend: 3/20/2018

 

Status: 8/27/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 213, Statutes of 2018.

 

Location: 8/28/2018-A. CHAPTERED

 

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: Vetoed: 10/1/2018  html   pdf

 

Introduced: 2/13/2018

 

Last Amend: 5/1/2018

 

Status: 9/30/2018-Vetoed by Governor.

 

Location: 9/30/2018-A. VETOED

 

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 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 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: Chaptered: 8/28/2018  html   pdf

 

Introduced: 2/14/2018

 

Last Amend: 4/18/2018

 

Status: 8/27/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 215, Statutes of 2018.

 

Location: 8/28/2018-A. CHAPTERED

 

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: Chaptered: 9/29/2018  html   pdf

 

Introduced: 2/14/2018

 

Last Amend: 8/17/2018

 

Status: 9/29/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 916, Statutes of 2018.

 

Location: 9/29/2018-A. CHAPTERED

 

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. The bill would prohibit the annual percentage increase in salary paid to a person who served as chief health director or as chief operating officer on January 1, 2018, and who does not separate from service in the position prior to the date on which the increase is applied, from exceeding 10% for the 2018–19 fiscal year or 5% for any subsequent fiscal year.

 

 

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: 8/17/2018-Failed Deadline pursuant to Rule 61(b)(15). (Last location was S. APPR. SUSPENSE FILE on 8/6/2018)

 

Location: 8/17/2018-S. DEAD

 

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: 6/29/2018-Failed Deadline pursuant to Rule 61(b)(13). (Last location was S. JUD. on 5/17/2018)

 

Location: 6/29/2018-S. DEAD

 

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: 6/29/2018-Failed Deadline pursuant to Rule 61(b)(13). (Last location was S. P.E. & R. on 6/7/2018)

 

Location: 6/29/2018-S. DEAD

 

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: Chaptered: 9/26/2018  html   pdf

 

Introduced: 2/15/2018

 

Last Amend: 6/14/2018

 

Status: 9/26/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 767, Statutes of 2018.

 

Location: 9/26/2018-A. CHAPTERED

 

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: Vetoed: 10/1/2018  html   pdf

 

Introduced: 2/15/2018

 

Last Amend: 4/25/2018

 

Status: 9/30/2018-Vetoed by Governor.

 

Location: 9/30/2018-A. VETOED

 

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: Chaptered: 8/28/2018  html   pdf

 

Introduced: 2/16/2018

 

Last Amend: 3/22/2018

 

Status: 8/27/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 220, Statutes of 2018.

 

Location: 8/28/2018-A. CHAPTERED

 

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: Chaptered: 9/18/2018  html   pdf

 

Introduced: 2/16/2018

 

Last Amend: 8/22/2018

 

Status: 9/18/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 498, Statutes of 2018.

 

Location: 9/18/2018-A. CHAPTERED

 

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.This bill contains other related provisions.

 

 

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: 6/29/2018-Failed Deadline pursuant to Rule 61(b)(13). (Last location was S. JUD. on 6/11/2018)

 

Location: 6/29/2018-S. DEAD

 

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: Vetoed: 9/28/2018  html   pdf

 

Introduced: 2/16/2018

 

Last Amend: 3/23/2018

 

Status: 9/28/2018-Vetoed by Governor.

 

Location: 9/28/2018-A. VETOED

 

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.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 related provisions and 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: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. RLS. on 5/24/2018)

 

Location: 8/31/2018-S. DEAD

 

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)   Regional center contracts.

 

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

 

Introduced: 1/11/2017

 

Last Amend: 8/23/2018

 

Status: 9/30/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 975, Statutes of 2018.

 

Location: 9/30/2018-S. CHAPTERED

 

Summary: (1)Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide services and supports to individuals with developmental disabilities. Existing law requires the state to enter into 5-year contracts with regional centers, subject to an annual appropriation by the Legislature, and specifies the responsibilities of the department and the requirements and qualifications of appropriate agencies for purposes of contracting for regional center services. Among other provisions, existing law requires a regional center contract to include annual performance objectives, as specified, and to provide that the regional center will render services in accordance with applicable laws and regulations.This bill would require a contract between the State Department of Developmental Services and a private nonprofit association for the operation of a regional center that is entered into or renewed on and after January 1, 2019, to include specified procedures for employee retention, including requiring a successor contractor to agree to retain designated covered employees of the predecessor contractor for a transition period of 90 days, as specified. The bill would prohibit the successor contractor from reducing the compensation of a covered employee, or terminating a covered employee without cause, during the transition period, and would require the successor contractor to provide each covered employee with a written performance evaluation at the end of the transition period. The bill would authorize a successor contractor and a labor organization to supersede those prohibitions by collective bargaining agreement. If a successor contractor violates certain of these requirements with respect to a covered employee, the bill would authorize the employee to bring an action against the successor contractor for back pay and injunctive relief, as specified. The bill would declare that these provisions are severable.This bill contains other related provisions and other existing laws.

 

 

SB 174

(Lara D)   Citizens of the state.

 

Current Text: Vetoed: 9/27/2018  html   pdf

 

Introduced: 1/23/2017

 

Last Amend: 7/5/2018

 

Status: 9/27/2018-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

 

Location: 9/27/2018-S. VETOED

 

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, except the children 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 contains other related provisions and other existing laws.

 

 

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: 6/29/2018-Failed Deadline pursuant to Rule 61(b)(13). (Last location was A. P.E.,R. & S.S. on 5/31/2018)

 

Location: 6/29/2018-S. DEAD

 

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: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. INACTIVE FILE on 9/14/2017)

 

Location: 8/31/2018-S. DEAD

 

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: 6/29/2018-Failed Deadline pursuant to Rule 61(b)(13). (Last location was A. 2 YEAR on 7/14/2017)

 

Location: 6/29/2018-S. DEAD

 

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 599

(Portantino D)   Public Employees’ Medical and Hospital Care Act: Peace Officers Research Association of California Insurance and Benefits Trust.

 

Current Text: Vetoed: 10/15/2017  html   pdf

 

Introduced: 2/17/2017

 

Last Amend: 8/24/2017

 

Status: 3/3/2018-Last day to consider Governor’s veto pursuant to Joint Rule 58.5.

 

Location: 10/15/2017-S. VETOED

 

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

 

 

SB 656

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

 

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

 

Introduced: 2/17/2017

 

Last Amend: 8/24/2018

 

Status: 9/30/2018-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

 

Location: 9/30/2018-S. VETOED

 

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 either attained 60 years of age with a minimum of 5 years of service or 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 monthly 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 702

(Stern D)   State vehicles: bicycles.

 

Current Text: Vetoed: 10/9/2017  html   pdf

 

Introduced: 2/17/2017

 

Last Amend: 9/8/2017

 

Status: 3/3/2018-Last day to consider Governor’s veto pursuant to Joint Rule 58.5.

 

Location: 10/9/2017-S. VETOED

 

Summary: Existing law requires the State Energy Resources Conservation and Development Commission, the Department of General Services, and the State Air Resources Board, in consultation with other state agencies deemed necessary, to develop and adopt fuel-efficiency specifications governing the purchase by the state of motor vehicles and replacement tires that, on an annual basis, will reduce petroleum consumption of the state vehicle fleet to the maximum extent practicable and cost effective. Existing law also requires the Secretary of the Government Operations Agency, in consultation with the Department of General Services and other appropriate state agencies that maintain or purchase vehicles for the state fleet, including the campuses of the California State University, to develop and implement a plan to improve the overall state fleet’s use of alternative fuels, synthetic lubricants, and fuel-efficient vehicles by reducing or displacing the consumption of petroleum products by the state fleet.This bill would require the Department of General Services to expand the State Employee BikeShare Program to state employees throughout the state at any location that the department determines that it is feasible and reasonable to do so. The bill would require the department to prepare and administer a program that offers state employees the ability to use bicycles during the workday, as specified.This bill contains other existing laws.

 

 

SB 774

(Leyva D)   Research program: firefighting: wildland and wildland-urban interface.

 

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

 

Introduced: 2/17/2017

 

Last Amend: 8/21/2018

 

Status: 9/29/2018-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

 

Location: 9/30/2018-S. VETOED

 

Summary: Existing law requires the California State University to offer undergraduate and graduate instruction through the master’s degree in the liberal arts and sciences and professional education. Existing law authorizes research, scholarship, and creative activity in support of the university’s undergraduate and graduate instructional mission.This bill would require the Trustees of the California State University to oversee a competitive process to award funds for the Wildland and Wildland-Urban Interface Wildfire Research Grant Program to one or more campuses of the California State University that can demonstrate an ability to fulfill certain criteria for, among other purposes, conducting research in critical areas of advancement and reform in wildland firefighting and issues vital to the state in the advancement of the understanding of fires in the wildland-urban interface. The bill would require trustees, by July 1, 2020, and every July 1 thereafter, to submit a report to the Legislature on the research and activities of the program. The bill would appropriate $5,000,000 from the General Fund to the trustees for these purposes, thereby making an appropriation.

 

 

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: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. APPR. SUSPENSE FILE on 8/8/2018)

 

Location: 8/31/2018-S. DEAD

 

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)   Dreissenid mussel infestation prevention: grants.

 

Current Text: Chaptered: 9/19/2018  html   pdf

 

Introduced: 2/17/2017

 

Last Amend: 8/24/2018

 

Status: 9/19/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 558, Statutes of 2018.

 

Location: 9/19/2018-S. CHAPTERED

 

Summary: Existing law requires any person, or federal, state, or local agency, district, or authority that owns or manages a reservoir, as defined, where recreational, boating, or fishing activities are permitted, except a privately owned reservoir that is not open to the public, to assess the vulnerability of the reservoir for the introduction of nonnative dreissenid mussel species and to develop and implement a program designed to prevent the introduction of that species, as prescribed.This bill would additionally make any person or entity that manages any aspect of the water in a reservoir, as defined, where recreational, boating, or fishing activities are permitted, eligible for a grant to be used for the reasonable regulatory costs of implementation of a dreissenid mussel infestation prevention plan.This bill contains 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: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. BUDGET & F.R. on 1/10/2018)

 

Location: 8/31/2018-S. DEAD

 

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: Chaptered: 6/27/2018  html   pdf

 

Introduced: 1/10/2018

 

Last Amend: 6/10/2018

 

Status: 6/27/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 29, Statutes of 2018.

 

Location: 6/27/2018-S. CHAPTERED

 

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 844

(Monning D)   Water quality: agricultural safe drinking water fees.

 

Current Text: Amended: 8/22/2018  html   pdf

 

Introduced: 1/10/2018

 

Last Amend: 8/22/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. APPR. on 8/24/2018)

 

Location: 8/31/2018-S. DEAD

 

Summary: (1)Existing law requires every person who manufactures or distributes fertilizing materials to be licensed by the Secretary of Food and Agriculture and to pay a license fee that does not exceed $300. Existing law requires every lot, parcel, or package of fertilizing material to have a label attached to it, as required by the secretary. Existing law requires a licensee who sells or distributes bulk fertilizing materials to pay to the secretary an assessment not to exceed $0.002 per dollar of sales for all sales of fertilizing materials, as prescribed, for the purposes of the administration and enforcement of provisions relating to fertilizing materials. In addition to that assessment, existing law authorizes the secretary to impose an assessment in an amount not to exceed $0.001 per dollar of sales for all sales of fertilizing materials for the purpose of providing funding for research and education regarding the use of fertilizing materials. Existing law specifies that a violation of the fertilizing material laws or the regulations adopted pursuant to those laws is a misdemeanor.This bill, during calendar years 2019 to 2033, inclusive, would require a licensee to pay to the secretary a fertilizer safe drinking water fee of $0.008 per dollar of sale for all sales of fertilizing materials intended for noncommercial use and $0.004 per dollar of sale for all sales of packaged fertilizing materials intended for noncommercial use. The bill, beginning calendar year 2034, would reduce the fee to $0.004 per dollar of sale intended for noncommercial use and $0.002 per dollar of sale of packaged materials intended for noncommercial use. The bill, on and after January 1, 2034, would authorize the secretary to adjust the fee as necessary to meet but not exceed 70% of the anticipated funding need for nitrate in the most recent assessment of funding need adopted by the state board pursuant to Senate Bill 845 of the 2017–18 Regular Session or the sum of $7,000,000, whichever is less and would authorize the secretary to adopt regulations relating to the administration and enforcement of these provisions. Because a violation of these provisions or regulations adopted pursuant to these provisions would be a crime, the bill would impose a state-mandated local program.This bill contains other related provisions and other existing laws.

 

 

SB 845

(Monning D)   Safe and Affordable Drinking Water Fund.

 

Current Text: Amended: 8/22/2018  html   pdf

 

Introduced: 1/10/2018

 

Last Amend: 8/22/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. APPR. on 8/24/2018)

 

Location: 8/31/2018-S. DEAD

 

Summary: (1)Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law declares it to be the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. This bill would establish the Safe and Affordable Drinking Water Fund in the State Treasury and would provide that moneys in the fund are continuously appropriated to the board. By creating a new continuously appropriated fund, the bill would make an appropriation. The bill would require the board to administer the fund to secure access to safe drinking water for all Californians, while also ensuring the long-term sustainability of drinking water service and infrastructure. The bill would authorize the board to provide for the deposit into the fund of federal contributions, voluntary contributions, gifts, grants, and bequests. The bill would require the board to expend moneys in the fund for grants, loans, contracts, or services to assist eligible applicants with projects relating to the provision of safe and affordable drinking water and, beginning January 1, 2020, would require the expenditure to be consistent with a fund implementation plan adopted by July 1 of each odd-numbered year by the board, as prescribed. The bill would require the board, working with a multistakeholder advisory group, to adopt by July 1 of each odd-numbered year a policy handbook with priorities and guidelines for expenditures of the fund. The bill would require the board annually to publish on its Internet Web site a report of expenditures from the fund and a summary of progress made with respect to the implementation of these provisions. The bill would require the board to adopt by July 1 of each odd-numbered year, an assessment of funding need that estimates the anticipated funding needed for the next two fiscal years to achieve the purposes of the fund. The bill would require, by January 1, 2020, the board, in consultation with local health officers and other relevant stakeholders, to make available a map of aquifers that are used or likely to be used as a source of drinking water that are at high risk of containing contaminants. For purposes of the map, the bill would require local health officers and other relevant local agencies to provide all results of, and data associated with, water quality testing performed by certified laboratories to the board, as specified. By imposing additional duties on local health officers and local agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

 

 

SB 852

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

 

Current Text: Chaptered: 6/27/2018  html   pdf

 

Introduced: 1/10/2018

 

Last Amend: 6/11/2018

 

Status: 6/27/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 49, Statutes of 2018.

 

Location: 6/27/2018-S. CHAPTERED

 

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 contains other related provisions.

 

 

Memo:

 

 

SB 964

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

 

Current Text: Chaptered: 9/23/2018  html   pdf

 

Introduced: 1/31/2018

 

Last Amend: 3/14/2018

 

Status: 9/23/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 731, Statutes of 2018.

 

Location: 9/23/2018-S. CHAPTERED

 

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 31, 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: Chaptered: 9/23/2018  html   pdf

 

Introduced: 2/7/2018

 

Last Amend: 4/12/2018

 

Status: 9/23/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 732, Statutes of 2018.

 

Location: 9/23/2018-S. CHAPTERED

 

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: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. RLS. on 2/12/2018)

 

Location: 8/31/2018-S. DEAD

 

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: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. RLS. on 2/12/2018)

 

Location: 8/31/2018-S. DEAD

 

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: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. RLS. on 2/12/2018)

 

Location: 8/31/2018-S. DEAD

 

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: Chaptered: 9/28/2018  html   pdf

 

Introduced: 2/12/2018

 

Last Amend: 8/23/2018

 

Status: 9/28/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 893, Statutes of 2018.

 

Location: 9/28/2018-S. CHAPTERED

 

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.This bill contains other related provisions.

 

 

SB 1117

(Beall D)   Department of Transportation: highway engineers.

 

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

 

Introduced: 2/13/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. RLS. on 2/13/2018)

 

Location: 8/31/2018-S. DEAD

 

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 1144

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

 

Current Text: Chaptered: 9/28/2018  html   pdf

 

Introduced: 2/14/2018

 

Last Amend: 4/9/2018

 

Status: 9/28/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 897, Statutes of 2018.

 

Location: 9/28/2018-S. CHAPTERED

 

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: Chaptered: 10/1/2018  html   pdf

 

Introduced: 2/15/2018

 

Last Amend: 4/2/2018

 

Status: 9/30/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 1009, Statutes of 2018.

 

Location: 9/30/2018-S. CHAPTERED

 

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: 6/29/2018-Failed Deadline pursuant to Rule 61(b)(13). (Last location was A. L. & E. on 5/17/2018)

 

Location: 6/29/2018-S. DEAD

 

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: Chaptered: 7/16/2018  html   pdf

 

Introduced: 2/16/2018

 

Status: 7/16/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 114, Statutes of 2018.

 

Location: 7/16/2018-S. CHAPTERED

 

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

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

 

Current Text: Chaptered: 9/18/2018  html   pdf

 

Introduced: 2/16/2018

 

Last Amend: 6/20/2018

 

Status: 9/18/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 516, Statutes of 2018.

 

Location: 9/18/2018-S. CHAPTERED

 

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 state officer or employee employed on or after January 1, 2016, who is a veteran 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: Chaptered: 9/21/2018  html   pdf

 

Introduced: 2/16/2018

 

Last Amend: 6/21/2018

 

Status: 9/21/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 665, Statutes of 2018.

 

Location: 9/21/2018-S. CHAPTERED

 

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: Chaptered: 9/28/2018  html   pdf

 

Introduced: 3/14/2018

 

Last Amend: 8/23/2018

 

Status: 9/28/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 903, Statutes of 2018.

 

Location: 9/28/2018-S. CHAPTERED

 

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.This bill contains other related provisions and other existing laws.

 

Total Measures: 84

Total Tracking Forms: 84

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 10/9/2018