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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 February 2, 2018)



ACSS Legislative Report

2/2/2018

Support

 

AB 183

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

 

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

 

Introduced: 1/19/2017

 

Last Amend: 5/25/2017

 

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

 

Location: 9/7/2017-A. INACTIVE FILE

 

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

 

 

Memo:

 

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

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

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

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

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

 

SB 76

(Nielsen R)   Excluded employees: arbitration.

 

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

 

Introduced: 1/10/2017

 

Last Amend: 6/29/2017

 

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

 

Location: 9/11/2017-A. INACTIVE FILE

 

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

 

 

Memo:

 

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

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

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

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

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

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

 

SB 646

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

 

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

 

Introduced: 2/17/2017

 

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

 

Location: 9/13/2017-A. INACTIVE FILE

 

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

 

 

Memo:

 

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

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

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

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

 

SCA 2

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

 

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

 

Introduced: 1/18/2017

 

Last Amend: 3/30/2017

 

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

 

Location: 4/3/2017-S. INACTIVE FILE

 

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

 

 

Memo:

 

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

Oppose

 

ACA 15

(Brough R)   Public employee retirement benefits.

 

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

 

Introduced: 5/9/2017

 

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

 

Location: 5/9/2017-A. PRINT

 

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

 

 

SCA 8

(Moorlach R)   Public employee retirement benefits.

 

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

 

Introduced: 2/15/2017

 

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

 

Location: 2/23/2017-S. P.E. & R.

 

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

 

 

SCA 10

(Moorlach R)   Public employee retirement benefits.

 

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

 

Introduced: 2/17/2017

 

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

 

Location: 3/2/2017-S. P.E. & R.

 

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

 

Watch

 

AB 86

(Calderon D)   Government innovation fellows program.

 

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

 

Introduced: 1/5/2017

 

Last Amend: 6/20/2017

 

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

 

Location: 9/1/2017-S. 2 YEAR

 

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

 

 

AB 157

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

 

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

 

Introduced: 1/12/2017

 

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

 

Location: 9/13/2017-S. INACTIVE FILE

 

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

 

 

AB 161

(Levine D)   Department of Finance: infrastructure investment.

 

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

 

Introduced: 1/13/2017

 

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

 

Location: 9/1/2017-S. 2 YEAR

 

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

 

 

AB 315

(Wood D)   Pharmacy benefit management.

 

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

 

Introduced: 2/6/2017

 

Last Amend: 7/11/2017

 

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

 

Location: 9/7/2017-S. INACTIVE FILE

 

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

 

 

AB 526

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

 

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

 

Introduced: 2/13/2017

 

Last Amend: 5/18/2017

 

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

 

Location: 7/21/2017-S. 2 YEAR

 

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

 

 

AB 587

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

 

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

 

Introduced: 2/14/2017

 

Last Amend: 7/12/2017

 

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

 

Location: 9/1/2017-S. 2 YEAR

 

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

 

 

AB 827

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

 

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

 

Introduced: 2/16/2017

 

Last Amend: 4/3/2017

 

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

 

Location: 9/1/2017-S. 2 YEAR

 

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

 

 

AB 1013

(Low D)   Chiropractors.

 

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

 

Introduced: 2/16/2017

 

Last Amend: 1/3/2018

 

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

 

Location: 1/29/2018-S. DESK

 

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

 

 

AB 1017

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

 

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

 

Introduced: 2/16/2017

 

Last Amend: 7/5/2017

 

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

 

Location: 9/15/2017-S. DESK

 

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

 

 

AB 1080

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

 

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

 

Introduced: 2/16/2017

 

Last Amend: 7/3/2017

 

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

 

Location: 9/15/2017-S. INACTIVE FILE

 

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

 

 

AB 1597

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

 

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

 

Introduced: 2/17/2017

 

Last Amend: 6/22/2017

 

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

 

Location: 7/14/2017-S. 2 YEAR

 

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

 

 

AB 1756

(Brough R)   Transportation funding.

 

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

 

Introduced: 1/4/2018

 

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

 

Location: 1/16/2018-A. TRANS.

 

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

 

 

AB 1806

(Ting D)   Budget Act of 2018.

 

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

 

Introduced: 1/10/2018

 

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

 

Location: 1/29/2018-A. BUDGET

 

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

 

 

AB 1866

(Fong R)   Transportation funding.

 

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

 

Introduced: 1/12/2018

 

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

 

Location: 1/29/2018-A. TRANS.

 

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

 

 

AB 1902

(Levine D)   Eligible employers: personal services contracts.

 

Current Text: Introduced: 1/22/2018  html   pdf

 

Introduced: 1/22/2018

 

Status: 1/23/2018-From printer. May be heard in committee February 22.

 

Location: 1/22/2018-A. PRINT

 

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

 

 

AB 1912

(Rodriguez D)   Public employees’ retirement.

 

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

 

Introduced: 1/23/2018

 

Status: 1/24/2018-From printer. May be heard in committee February 23.

 

Location: 1/23/2018-A. PRINT

 

Summary: The Public Employees’ Retirement Law (PERL) establishes the Public Employees’ Retirement System (PERS), which provides pension and other benefits to members of PERS. Under PERL, certain public employers and employees are required 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 make nonsubstantive changes to that provision.

 

 

AB 1916

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

 

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

 

Introduced: 1/23/2018

 

Status: 1/24/2018-From printer. May be heard in committee February 23.

 

Location: 1/23/2018-A. PRINT

 

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

 

 

AB 1938

(Burke D)   Employment discrimination: familial status.

 

Current Text: Introduced: 1/25/2018  html   pdf

 

Introduced: 1/25/2018

 

Status: 1/26/2018-From printer. May be heard in committee February 25.

 

Location: 1/25/2018-A. PRINT

 

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

 

 

SB 134

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

 

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

 

Introduced: 1/11/2017

 

Status: 7/13/2017-From consent calendar on motion of Assembly Member Bonta. Ordered to inactive file on request of Assembly Member Bonta.

 

Location: 7/13/2017-A. INACTIVE FILE

 

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

 

 

SB 548

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

 

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

 

Introduced: 2/16/2017

 

Last Amend: 9/5/2017

 

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

 

Location: 9/14/2017-A. INACTIVE FILE

 

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

 

 

SB 562

(Lara D)   The Healthy California Act.

 

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

 

Introduced: 2/17/2017

 

Last Amend: 5/26/2017

 

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

 

Location: 7/14/2017-A. 2 YEAR

 

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

 

 

SB 656

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

 

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

 

Introduced: 2/17/2017

 

Last Amend: 1/23/2018

 

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

 

Location: 1/29/2018-A. DESK

 

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

 

 

SB 774

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

 

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

 

Introduced: 2/17/2017

 

Last Amend: 9/11/2017

 

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

 

Location: 9/14/2017-A. INACTIVE FILE

 

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

 

 

SB 783

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

 

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

 

Introduced: 2/17/2017

 

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

 

Location: 1/22/2018-A. DESK

 

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

 

 

SB 790

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

 

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

 

Introduced: 2/17/2017

 

Last Amend: 7/6/2017

 

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

 

Location: 9/11/2017-A. INACTIVE FILE

 

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

 

 

SB 839

(Mitchell D)   Budget Act of 2018.

 

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

 

Introduced: 1/10/2018

 

Status: 1/11/2018-From printer.

 

Location: 1/10/2018-S. BUDGET & F.R.

 

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

 

Total Measures: 33

Total Tracking Forms: 33

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

SB 76 - Creates excluded employees arbitration for grievances

SB 646 - Reduction in adverse action investigative period

Updated 2/2/2018