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Sponsor
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SB 76
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(Nielsen R)
Excluded employees: binding arbitration.
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Current Text: Amended: 3/3/2021 html pdf
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Introduced: 12/15/2020
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Last Amend: 3/3/2021
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Status: 3/11/2021-Re-referred to Coms. on L., P.E.
& R. and JUD.
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Location: 3/11/2021-S. L., P.E.
& R.
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Summary: Existing law, 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, and 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 would enact the Excluded Employee Arbitration
Act to permit an employee organization that represents an excluded employee
who has filed certain grievances with the Department of Human Resources to
request binding arbitration of the grievance if specified conditions are met.
The bill would require the designation of a standing panel of arbitrators
and, under specified circumstances, the provision of arbitrators from the
California State Mediation and Conciliation Service within the Public
Employment Relations Board. The bill would then require the arbitrator to be
chosen in a specified manner and would prescribe the duties of that
arbitrator.This bill would grant a party to the arbitration the right to have
a certified shorthand reporter transcribe the proceeding and would deem the
transcription the official record of the proceeding. The bill would require a
nonprevailing party, other than an excluded employee, to bear the costs of
arbitration and would prohibit passing the costs of arbitration on to the
excluded employee.
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Memo:
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Co-Sponsor letter sent to Author -- 3/9/21
Co-Sponsor letter sent to Sen. JUD -- 3/19/21
Co-Sponsor letter sent to Sen. LPE&R -- 3/19/21
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Support
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AB 84
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(Committee on Budget) Employment: COVID-19: supplemental
paid sick leave.
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Current Text: Amended: 3/12/2021 html pdf
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Introduced: 12/7/2020
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Last Amend: 3/12/2021
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Status: 3/15/2021-From committee: Do pass. (Ayes
13. Noes 5.) (March 15).
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Location: 1/25/2021-S. THIRD READING
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Calendar: 3/22/2021 #34
SENATE ASSEMBLY BILLS - THIRD READING FILE
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Summary: Existing law, the Healthy
Workplaces, Healthy Families Act of 2014, entitles an employee who works in
California for the same employer for 30 or more days within a year from the
commencement of employment to paid sick days. Under existing law, an employee
accrues paid sick days at a rate of not less than one hour per every 30 hours
worked, subject to certain use, accrual, and yearly carryover limitations.
Existing law requires the Labor Commissioner to enforce the act and provides
for procedures, including investigation and hearing, and for remedies and
penalties.Existing law, until December 31, 2020, provided for COVID-19 food
sector supplemental paid sick leave for food sector workers and required a
hiring entity to provide COVID-19 food sector supplemental paid sick leave,
as described, to each food sector worker unable to work due to specified
reasons relating to COVID-19. Existing law also established, until December
31, 2020, COVID-19 supplemental paid sick leave for covered workers,
including certain persons employed by private businesses of 500 or more
employees or persons employed as certain types of health care providers or
emergency responders by public or private entities.This bill would provide
for COVID-19 supplemental paid sick leave for covered employees, as defined,
who are unable to work or telework due to certain reasons related to
COVID-19, including that the employee has been advised by a health care
provider to self-quarantine due to concerns related to COVID-19. The bill
would entitle a covered employee to 80 hours of COVID-19 supplemental paid
sick leave if that employee either works full time or was scheduled to work,
on average, at least 40 hours per week for the employer in the 2 weeks
preceding the date the covered employee took COVID-19 supplemental paid sick
leave. The bill would provide a different calculation for supplemental paid
sick leave for a covered employee who is a firefighter subject to certain
work schedule requirements and for a covered employee working fewer or variable
hours, as specified. The bill would provide that the total number of hours of
COVID-19 supplemental paid sick leave to which a covered employee is entitled
to under these provisions is in addition to any paid sick leave available
under the act, as specified.This bill would set the compensation rate for a
nonexempt covered employee at the highest of the covered employee’s regular
rate of pay for the pay period in which the supplemental paid sick leave is
taken, the state minimum wage, or the local minimum wage to which the covered
employee is entitled, up to certain daily and aggregate total maximum payment
limits and subject to specified federal law increases. The bill would
prohibit an employer from requiring a covered employee to use other paid or
unpaid leave, paid time off, or vacation time provided by the employer to the
covered employee before that employee uses COVID-19 supplemental paid leave
or in lieu thereof, except in certain circumstances in which the employer
provides another supplemental benefit for leave for COVID-19, as prescribed.
The bill would require the Labor Commissioner to enforce these COVID-19
supplemental paid sick leave provisions, as provided. The bill would also
require the Labor Commissioner to make publicly available a model notice
relating to COVID-19 supplemental paid sick leave.This bill would also
provide for COVID-19 supplemental paid sick leave for specified in-home
supportive service providers and personal waiver care service providers, as
defined, who are unable to work or telework due to certain reasons related to
COVID-19. Under the bill, a provider would be entitled to COVID-19
supplemental paid leave if, among other reasons, the provider is subject to a
quarantine or isolation period related to COVID-19 pursuant to an order or
guidelines of the State Department of Public Health, the federal Centers for
Disease Control and Prevention, or a local health officer, or has been
advised by a health care provider to self-quarantine due to concerns related
to COVID-19. The bill would entitle a provider to up to 80 hours of COVID-19
supplemental paid leave, if the provider worked or was scheduled to work, on
average, at least 40 hours per week, as specified, or met certain other work
conditions. The bill would set the compensation rate for this supplemental
paid sick leave, as specified. The bill would authorize the State Department
of Social Services and the State Department of Health Care Services to
implement, interpret, or make these provisions specific by means of all-county
letters or similar instructions, without taking any regulatory action.The
bill would make these requirements, with respect to covered employees,
in-home supportive service providers, and personal waiver care service
providers, to provide COVID-19 supplemental paid sick leave take effect 10
days after the date of enactment of the bill and would apply these provisions
retroactively to January 1, 2021, as specified. The bill would provide that
the requirement to provide COVID-19 supplemental paid sick leave would apply
until September 30, 2021, as specified.This bill would appropriate $100,000
from the General Fund to the Labor Commissioner for staffing resources to
implement and enforce these provisions.This bill would declare that it is to
take effect immediately as a bill providing for appropriations related to the
Budget Bill.
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SB 95
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(Skinner D)
Employment: COVID-19: supplemental paid sick leave.
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Current Text: Enrollment: 3/18/2021 html pdf
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Introduced: 12/16/2020
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Last Amend: 3/15/2021
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Status: 3/18/2021-Assembly amendments concurred in.
(Ayes 29. Noes 8.) Ordered to engrossing and enrolling. Enrolled and
presented to the Governor at 12:30 p.m.
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Location: 3/18/2021-S. ENROLLMENT
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Summary: Existing law, the Healthy
Workplaces, Healthy Families Act of 2014, entitles an employee who works in
California for the same employer for 30 or more days within a year from the
commencement of employment to paid sick days. Under existing law, an employee
accrues paid sick days at a rate of not less than one hour per every 30 hours
worked, subject to certain use, accrual, and yearly carryover limitations.
Existing law requires the Labor Commissioner to enforce the act and provides
for procedures, including investigation and hearing, and for remedies and
penalties.This bill would provide for COVID-19 supplemental paid sick leave
for covered employees, as defined, who are unable to work or telework due to
certain reasons related to COVID-19, including that the employee has been
advised by a health care provider to self-quarantine due to concerns related
to COVID-19. The bill would entitle a covered employee to 80 hours of
COVID-19 supplemental paid sick leave if that employee either works full time
or was scheduled to work, on average, at least 40 hours per week for the
employer in the 2 weeks preceding the date the covered employee took COVID-19
supplemental paid sick leave. The bill would provide a different calculation
for supplemental paid sick leave for a covered employee who is a firefighter
subject to certain work schedule requirements and for a covered employee
working fewer or variable hours, as specified. The bill would provide that
the total number of hours of COVID-19 supplemental paid sick leave to which a
covered employee is entitled to under these provisions is in addition to any
paid sick leave available under the act, as specified.This bill contains
other related provisions and other existing laws.
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SB 278
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(Leyva D)
Public Employees’ Retirement System: disallowed compensation: benefit
adjustments.
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Current Text: Introduced: 1/29/2021 html pdf
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Introduced: 1/29/2021
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Status: 3/17/2021-Set for hearing April 6.
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Location: 3/8/2021-S. JUD.
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Calendar: 4/6/2021 1:30 p.m. -
Senate Chamber SENATE JUDICIARY, UMBERG, Chair
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Summary: (1)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 PERS determines that the benefits of
a member or annuitant are, or would be, based on disallowed compensation that
conflicts with PEPRA and other specified laws and thus impermissible under
PERL. The bill would also apply these procedures retroactively to
determinations made on or after January 1, 2017, if an appeal has been filed
and the employee member, survivor, or beneficiary has not exhausted their
administrative or legal remedies. At the threshold, after determining that
compensation for an employee member reported by the state, school employer,
or a contracting agency is disallowed, the bill would require the applicable
employer to discontinue the reporting of the disallowed compensation. The
bill would require that contributions made on the disallowed compensation,
for active members, be credited against future contributions on behalf of the
state, school employer, or contracting agency that reported the disallowed
compensation and would require that the state, school employer, or
contracting agency return to the member any contributions paid by the member
or on the member’s behalf.This bill contains other related provisions and
other existing laws.
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Memo:
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Support letter sent to Author -- 3/2/21
Support letter sent to Sen. LPE&R -- 3/2/21
Support letter sent to Sen. JUD -- 3/17/21
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Oppose
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AB 1133
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(Chen R)
State employee hybrid pension system.
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Current Text: Introduced: 2/18/2021 html pdf
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Introduced: 2/18/2021
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Status: 2/19/2021-From printer. May be heard in
committee March 21.
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Location: 2/18/2021-A. PRINT
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Summary: Existing law creates the Public
Employees’ Retirement System (PERS), which offers a defined benefit pension
and other benefits to its members based on age at retirement, service credit,
and final compensation, subject to certain variations. Existing law generally
provides that state employees become members of PERS upon employment.
Existing law authorizes the Department of Personnel Administration to create
a tax-deferred savings plan, which has been named Savings Plus, that permits
state employees to build a retirement savings account using payroll
deductions. The bill would state the intent of the Legislature to enact
legislation that would create a hybrid retirement benefit, consisting of a
defined benefit pension and a defined contribution program, within the Public
Employees’ Retirement System, that state employees would have the option of
electing.
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Watch
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AB 53
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(Low D)
Election day holiday.
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Current Text: Amended: 3/15/2021 html pdf
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Introduced: 12/7/2020
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Last Amend: 3/15/2021
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Status: 3/16/2021-Re-referred to Com. on ELECTIONS.
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Location: 3/15/2021-A. ELECTIONS
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Summary: Existing law requires that an
election for congressional and state elective offices be held on the first
Tuesday after the first Monday in November of each even-numbered year.
Existing law requires a presidential general election to be held on the first
Tuesday after the first Monday in November in any year that is evenly
divisible by the number 4. This bill would add the day on which a statewide
general election is held, which is the first Tuesday after the first Monday
in November of any even-numbered year, to these lists of holidays. The bill
would require community colleges and public schools to close on any day on
which a statewide general election is held. The bill would require the
California State University, and request the University of California, to
close campuses on a day on which a statewide general election is held. The
bill would require that state employees, with specified exceptions, be given
time off with pay for days on which a statewide general election is held. The
bill would provide that the third Monday in February, also known as
Washington Day, is observed only in odd-numbered years. This bill contains
other related provisions and other existing laws.
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AB 105
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(Holden D)
The Upward Mobility Act of 2021: boards and commissions: civil
service: examinations: classifications.
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Current Text: Amended: 3/1/2021 html pdf
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Introduced: 12/14/2020
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Last Amend: 3/1/2021
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Status: 3/2/2021-Re-referred to Com. on P.E. &
R.
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Location: 1/11/2021-A. P.E. & R.
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Summary: Existing law provides that it
is the policy of the State of California that the composition of state boards
and commissions shall be broadly reflective of the general public, including
ethnic minorities and women.This bill would require that by December 31,
2022, all state boards and commissions have at least one director or
commissioner from an underrepresented community. The bill would require by
December 31, 2023, all state boards and commissions have at least 2 or 3
directors or commissioners, depending on the size of the entity, from an
underrepresented community. The bill would define the term “director or
commissioner from an underrepresented community” as an individual who
self-identifies as Black, African American, Hispanic, Latino, Asian, Pacific
Islander, Native American, Native Hawaiian, or Alaska Native, or who
self-identifies as gay, lesbian, bisexual, or transgender. The bill would
require that these requirements only apply as vacancies on state boards and
commissions occur.This bill contains other related provisions and other
existing laws.
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AB 214
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(Ting D)
Budget Act of 2021.
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Current Text: Introduced: 1/8/2021 html pdf
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Introduced: 1/8/2021
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Status: 1/28/2021-Referred to Com. on BUDGET.
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Location: 1/28/2021-A. BUDGET
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Summary: This bill would make
appropriations for the support of state government for the 2021–22 fiscal
year.This bill contains other related provisions.
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AB 230
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(Voepel R)
Employment: flexible work schedules.
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Current Text: Introduced: 1/12/2021 html pdf
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Introduced: 1/12/2021
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Status: 1/28/2021-Referred to Com. on L. & E.
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Location: 1/28/2021-A. L. & E.
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Summary: Existing law, with certain
exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and
requires payment of prescribed overtime compensation for additional hours
worked. Existing law authorizes the adoption by 2/3 of employees in a work
unit of alternative workweek schedules providing for workdays no longer than
10 hours within a 40-hour workweek.This bill would enact the Workplace
Flexibility Act of 2021. The bill would permit an individual nonexempt
employee to request an employee-selected flexible work schedule providing for
workdays up to 10 hours per day within a 40-hour workweek, and would allow an
employer to implement this schedule without the obligation to pay overtime
compensation for those additional hours in a workday, except as specified.
The bill would require that the flexible work schedule contain specified
information and the employer’s and the employee’s original signature. The
bill would also require the Division of Labor Standards Enforcement in the
Department of Industrial Relations to enforce this provision and adopt
regulations.
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AB 237
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(Gray D)
Public employment: unfair practices: health protection.
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Current Text: Amended: 3/1/2021 html pdf
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Introduced: 1/13/2021
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Last Amend: 3/1/2021
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Status: 3/2/2021-Re-referred to Com. on P.E. &
R.
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Location: 1/28/2021-A. P.E. & R.
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Summary: Existing law establishes the
Public Employment Relations Board (PERB) in state government for the purpose
of resolving disputes and enforcing the statutory duties and rights of
specified public employers and employees under various acts regulating collective
bargaining, including the Meyers-Milias-Brown Act. Under existing law, PERB
has the power and duty to investigate an unfair practice charge and to
determine whether the charge is justified and the appropriate remedy for the
unfair practice.This bill, the Public Employee Health Protection Act, would
make it an unfair practice for a covered employer, as defined, to fail or
refuse to maintain or pay for continued health care or other medical coverage
for an enrolled employee or their enrolled dependents, for the duration of
the enrolled employee’s participation in the authorized strike, at the level
and under the conditions that coverage would have been provided if the
employee had continued to work in their position for the duration of the
strike. The bill would also make it an unfair practice for a covered employer
to fail to collect and remit the employee’s contributions, if any, to this
coverage, or to maintain any policy purporting to authorize an action
prohibited by this provision or otherwise threaten an employee or their
dependents’ continued access to health or medical care during or as a result
of the employee’s participation in a strike. The bill would require the
restoration of health or other medical care premiums, contributions, or
out-of-pocket expenses actually paid by the employee or their dependents as a
result of the employer’s violation of this provision, or because the employer
failed to ensure continued coverage during a strike, and would require other
equitable adjustments to ensure that the employee and their dependents are
made whole, as specified.This bill contains other related provisions and
other existing laws.
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AB 313
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(Garcia,
Cristina D) Civil service: Limited Examination and
Appointment Program.
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Current Text: Introduced: 1/25/2021 html pdf
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Introduced: 1/25/2021
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Status: 2/12/2021-Referred to Com. on P.E. & R.
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Location: 2/12/2021-A. P.E. & R.
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Summary: Existing law creates the
Department of Human Resources, which succeeds to and is vested with all of
the powers and duties exercised and performed by the Department of Personnel
Administration. Existing law specifically grants the department the powers, duties,
and authority necessary 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 creates the Limited Examination and Appointment
Program (LEAP), which the Department of Human Resources administers, to
provide an alternative to the traditional civil service examination and
appointment process to facilitate the hiring of persons with disabilities.
Existing law will repeal certain provisions of LEAP on January 1, 2022. This
bill would, notwithstanding those provisions, require the department to, upon
request of the appointing power, provide the appointing power a LEAP referral
list without combining that list with a parallel list. The bill would require
the department to establish guidelines for provision of reasonable
accommodation to applicants and employees with disabilities and to adopt a
model reasonable accommodation policy, as specified. This bill contains other
related provisions and other existing laws.
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AB 314
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(Gonzalez,
Lorena D) Collective bargaining: Legislature.
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Current Text: Introduced: 1/25/2021 html pdf
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Introduced: 1/25/2021
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Status: 1/28/2021-Introduced measure version
corrected.
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Location: 1/25/2021-A. PRINT
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Summary: Existing law, the Ralph C.
Dills Act (Dills Act), governs collective bargaining between the state and
recognized state public employee organizations. Existing law excludes certain
employees from coverage under the Dills Act, including, among others, managerial
employees, supervisory employees, and confidential employees, as defined.
Existing law creates the Public Employment Relations Board and authorizes it,
among other things, to determine appropriate state employee bargaining units,
as specified. This bill would enact the Legislature Employer-Employee
Relations Act, to provide employees of the Legislature, including some
supervisory and managerial employees, the right to form, join, and
participate in the activities of employee organizations of their own choosing
for the purpose of representation on all matters of employer-employee
relations. The bill would prescribe rights, duties, and prohibitions in this
context that parallel those in the Dills Act. The bill would prohibit the
Public Employment Relations Board from including employees of the Legislature
in a bargaining unit that includes employees other than those of the
Legislature. The bill would make it a misdemeanor for any person to willfully
resist, prevent, impede, or interfere with any member of the board, or any of
its agents, in the performance of duties pursuant to its provisions. By
expanding the definition of a crime, this bill would impose a state-mandated
local program. The bill would provide that the provisions of the Legislature
Employer-Employee Relations Act are severable.This bill contains other
related provisions and other existing laws.
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AB 316
|
(Cooper D)
State employees: pay equity: under-represented groups.
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Current Text: Amended: 3/4/2021 html pdf
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Introduced: 1/25/2021
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Last Amend: 3/4/2021
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Status: 3/8/2021-Re-referred to Com. on P.E. &
R.
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Location: 3/4/2021-A. P.E. & R.
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Summary: Existing law prohibits an
employer, including both public and private employers, from paying any of its
employees at wage rates less than the rates paid to employees of the opposite
sex or another race or ethnicity for substantially similar work, when viewed
as a composite of skill, effort, and responsibility, and performed under
similar working conditions, unless the employer demonstrates the wage
differential is based upon specified factors including, but not limited to, a
seniority system, a merit system, or a system that measures earnings based on
quality or quantity of production.Existing law establishes the Department of
Human Resources (department) and requires the department to administer the
Personnel Classification Plan, including allocating every position to the
appropriate class. Existing law requires the allocation of a position to a
class be derived from, and determined by, ascertaining the duties and
responsibilities of the position, and be based on the principle that all
positions are to be included in the same class if certain qualifications
apply, including, but not limited to, that the positions are sufficiently
similar in respect to duties and responsibilities that the same descriptive
title may be used, and substantially the same requirements as to education,
experience, knowledge, and ability are demanded of incumbents. This bill
would require the department, prior to January 1, 2023, and every 2 years
thereafter, to prepare a report on gender and ethnicity pay equity in each
classification under the Personnel Classification Plan where there is an
underrepresentation of women and minorities. The bill would require the
report to contain a plan for each state agency to attain pay equity that is
consistent with existing state and federal law if a discrepancy is found, a
plan to recruit, attract, and retain women and minorities that is consistent
with existing state and federal law in positions where there is an
underrepresentation of those groups, and each state agency’s efforts that are
consistent with state and federal law toward meeting the goals for wage
parity and increasing the number of women and minorities in the state agency.
The bill would require the department to submit the report to the Legislature
no later than January 1 following the completion of the report. The bill
would further require the head of each state agency, or their representative,
to present the facts and findings from the report for that state agency to
the appropriate legislative budget committees when the budget of that state
agency is before the subcommittee.This bill contains other existing laws.
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AB 444
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(Committee on Public Employment and Retirement) State and
local employees: pay warrants: designees.
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Current Text: Introduced: 2/8/2021 html pdf
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Introduced: 2/8/2021
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Status: 2/18/2021-Referred to Com. on P.E. & R.
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Location: 2/18/2021-A. P.E. & R.
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Summary: Existing law authorizes a state
employee to designate with their appointing power a person who may receive
the employee’s warrants upon the employee’s death. Existing law requires an
appointing power, upon sufficient proof of identity from an appropriate designee,
to deliver warrants to the person claiming them. Existing law entitles the
designated person who receives warrants to negotiate the warrants as if they
were the payee. This bill would prescribe a process by which an appointing
power would issue a check directly to a designated person instead of
delivering employee warrants to that person, as described above. Upon
sufficient proof of the designee’s identity, the bill would require the
appointing power to endorse and deposit the warrant issued to a deceased
employee back into the Treasury to the credit of the fund or appropriation
upon which it was drawn, as specified, and then issue a revolving fund check
to the designated person in the original amount payable to employee.This bill
contains other related provisions and other existing laws.
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AB 507
|
(Kalra D)
Health care service plans: review of rate increases.
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Current Text: Introduced: 2/9/2021 html pdf
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Introduced: 2/9/2021
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Status: 2/10/2021-From printer. May be heard in
committee March 12.
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Location: 2/9/2021-A. PRINT
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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. Existing law requires a health care service plan in the individual,
small group, or large group markets to file rate information with the
Department of Managed Health Care, as specified. Existing law requires the
information submitted to be made publicly available, except as specified, and
requires the department and the health care service plan to make specified
information, including justification for an unreasonable rate increase,
readily available to the public on their internet websites in plain
language.This bill would make technical, nonsubstantive changes to those
provisions.
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AB 510
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(Wood D)
Out-of-network health care benefits.
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Current Text: Introduced: 2/9/2021 html pdf
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Introduced: 2/9/2021
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Status: 2/18/2021-Referred to Com. on HEALTH.
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Location: 2/18/2021-A. HEALTH
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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. Existing law provides for the regulation of health insurers by the
Department of Insurance. If an enrollee or insured receives services under a
health care service plan contract or health insurance policy issued, amended,
or renewed on or after July 1, 2017, that includes coverage for
out-of-network benefits, existing law authorizes a noncontracting individual
health professional to bill or collect the out-of-network cost-sharing amount
directly from the enrollee or insured if specified criteria are met,
including that the enrollee or insured consents in writing to receive
services from the noncontracting individual health professional at least 24
hours in advance of care. Existing law requires the consent to advise the
enrollee or insured that they may seek care from a contracted provider for
lower out-of-pocket costs and to be provided in the language spoken by the
enrollee or insured, as specified.This bill would instead authorize a
noncontracting individual health professional, excluding specified
professionals, to bill or collect the out-of-network cost-sharing amount
directly from the enrollee or insured receiving services under a health care
service plan contract or health insurance policy issued, amended, or renewed
on or after January 1, 2022, if the enrollee consents in writing or
electronically at least 72 hours in advance of care. The bill would require
the consent to include a list of contracted providers at the facility who are
able to provide the services and to be provided in the 15 most commonly used
languages in the facility’s geographic region.
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AB 539
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(Cooley D)
State teachers’ retirement: investment managers and investment
advisers: contracts.
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Current Text: Introduced: 2/10/2021 html pdf
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Introduced: 2/10/2021
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Status: 2/18/2021-Referred to Com. on P.E. & R.
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Location: 2/18/2021-A. P.E. & R.
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Summary: The California Constitution
provides that the civil service includes every officer and employee in the
state except as otherwise provided in the Constitution, and existing
statutory law, the State Civil Service Act, prescribes a comprehensive civil
service personnel system for the state.This bill would additionally authorize
the board to contract with investment advisers, as defined, upon the same
finding by the board and approval by the State Personnel Board. The bill
would, pursuant to a policy adopted by the board, authorize the board to
establish a competitive bidding process and to specify the contract terms and
conditions the board solely deems necessary and prudent to contract with
qualified investment managers and investment advisers. This bill contains
other existing laws.
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AB 551
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(Rodriguez D)
Teachers’ Retirement System: individual retirement plans:
administration.
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Current Text: Introduced: 2/10/2021 html pdf
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Introduced: 2/10/2021
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Status: 2/18/2021-Referred to Com. on P.E. & R.
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Location: 2/18/2021-A. P.E. & R.
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Summary: Existing law authorizes the
State Teachers’ Retirement System to administer an individual retirement plan
described in Section 408A of Title 26 of the United States Code, commonly
referred to as a Roth IRA, for the purpose of accepting a rollover from an annuity
contract or custodial account offered by the system to the extent the
rollover complies with specified federal law. Existing law establishes the
Teachers’ Deferred Compensation Fund, which is continuously appropriated, to
serve as the repository of funds received by the system for various deferred
compensation plans. Existing law specifies where in the fund certain premium
and fee revenues received by the system are to be deposited.This bill would
also authorize the system to administer an individual retirement plan as
described in Section 408 of Title 26 of the United States Code. The bill
would eliminate the requirement that the administration of these plans be for
the purpose of accepting a rollover from an annuity contract or custodial
account offered by the system, as described above. The bill would instead
specify categories of people for whom the system could provide this service,
including certain former eligible employees and their spouses. By providing
for additional funds to be deposited into a continuously appropriated fund,
this bill would make an appropriation. The bill would make a conforming
change regarding where premium and fee revenues received in this regard are
to be deposited.
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AB 761
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(Chen R)
County employees’ retirement: personnel: Orange County.
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Current Text: Amended: 3/18/2021 html pdf
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Introduced: 2/16/2021
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Last Amend: 3/18/2021
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Status: 3/18/2021-From committee chair, with
author's amendments: Amend, and re-refer to Com. on P.E. & R. Read second
time and amended.
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Location: 2/25/2021-A. P.E. & R.
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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 board of retirement and both the board of
retirement and the board of investment to appoint administrative, technical,
and clerical staff as required to accomplish the necessary work of the board.
Under CERL, these appointments are generally required to be made from
eligible lists created in accordance with the civil service system or merit
system rules of the county. CERL, however, authorizes the retirement boards
of 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. Existing law also applies 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.This bill would authorize the board of retirement for Orange County to
appoint an administrator, assistant administrators, a chief investment
officer, subordinate investment officers, senior management employees, legal
counsel, and other specified employees. The bill would provide that the personnel
appointed pursuant to these provisions would not be county employees subject
to county civil service and merit system rules, and instead would be
employees of the retirement system. The bill would provide that the
compensation of personnel appointed pursuant to these provisions is an
expense of administration of the retirement system. The bill would authorize
the board of retirement and board of supervisors to enter into agreements as
necessary and appropriate to carry out these provisions and would make
related, conforming changes.
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AB 845
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(Rodriguez D)
Disability retirement: COVID-19: presumption.
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Current Text: Introduced: 2/17/2021 html pdf
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Introduced: 2/17/2021
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Status: 2/25/2021-Referred to Com. on P.E. & R.
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Location: 2/25/2021-A. P.E. & R.
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Summary: Existing law, until 2023,
defines “injury” for purposes of workers’ compensation insurance to include
illness or death resulting from the 2019 novel coronavirus disease (COVID-19)
under specified circumstances, and creates a disputable presumption, as specified,
that the injury arose out of the course of employment and is compensable.
This presumption is applicable to specified public safety, firefighter, and
medical occupation, among others, as specified.This bill, until January 1,
2023, would create a presumption, applicable to the retirement systems that
PEPRA regulates and to specified members in those systems, that would be
applied to disability retirements on the basis, in whole or in part, of a
COVID-19-related illness. In this circumstance, the bill would require that
it be presumed the disability arose out of, or in the course of, the member’s
employment. The bill would authorize the presumption to be rebutted by
evidence to the contrary, but unless controverted, the board of
administration of the applicable retirement system would be required to find
in accordance with the presumption. The bill would apply this presumption to
members employed in specified firefighter, public safety officer, and health
care job classifications, or their functional equivalents, and to members in
other job classifications who test positive for COVID-19 during an outbreak
of the disease at their places of employment, as defined.This bill contains
other existing laws.
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AB 1019
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(Holden D)
Public employee retirement systems: prohibited investments: Turkey.
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Current Text: Introduced: 2/18/2021 html pdf
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Introduced: 2/18/2021
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Status: 3/4/2021-Referred to Com. on P.E. & R.
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Location: 3/4/2021-A. P.E. & R.
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Summary: Existing California
Constitution provisions grant 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.
These provisions qualify this grant of powers by reserving to the Legislature
the authority to prohibit investments if it is in the public interest and the
prohibition satisfies standards of fiduciary care and loyalty required of a
retirement board.This bill would, in addition, prohibit state trust moneys
from being used to make additional or new investments or to renew existing
investments in investment vehicles issued or owned by the government of
Turkey, unless the government adopts a policy to acknowledge the Armenian Genocide
and embark on a path of affording justice to its victims. The bill would
define “state trust moneys” to mean funds administered by specified state
employee retirement funds, including the Public Employees’ Retirement Fund
and the Legislators’ Retirement Fund.This bill contains other existing laws.
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AB 1028
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(Seyarto R)
Telework Flexibility Act.
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Current Text: Introduced: 2/18/2021 html pdf
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Introduced: 2/18/2021
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Status: 3/4/2021-Referred to Coms. on L. & E.
and JUD.
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Location: 3/4/2021-A. L. & E.
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Summary: Existing law, with various
exceptions, generally establishes 8 hours as a day’s work and a 40-hour
workweek and requires the payment of prescribed overtime compensation for
additional hours worked. This bill would permit an individual nonexempt
employee to request an employee-selected remote work flexible work schedule
providing for workdays up to 10 hours per day within a 40-hour workweek and
would allow an employer to implement this schedule without the obligation to
pay overtime compensation for those additional hours in a workday, except as
specified. The authorization would apply only if an employee is working
remotely and not under the physical control of the employer. The bill would
require that the flexible work schedule contain specified information and the
employer’s and the employee’s original signatures. The bill would except
split shift premiums from application to the work of employees who are
working an employee-selected remote work flexible work schedule. The bill
would require the Division of Labor Standards Enforcement in the Department
of Industrial Relations to enforce this provision and adopt regulations. This
bill contains other related provisions and other existing laws.
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AB 1032
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(Cooper D)
State employees: active duty order: pay and benefits.
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Current Text: Amended: 3/18/2021 html pdf
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Introduced: 2/18/2021
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Last Amend: 3/18/2021
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Status: 3/18/2021-Referred to Com. on P.E. & R.
From committee chair, with author's amendments: Amend, and re-refer to Com.
on P.E. & R. Read second time and amended.
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Location: 3/18/2021-A. P.E. & R.
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Summary: Existing law requires a state
employee who, as a member of the California National Guard or a United States
military reserve organization, is ordered to active duty by Presidential
determination that it is necessary to augment the active forces for any
operational mission, or when in time of national emergency declared by the
President or otherwise authorized by law, to receive the difference between
the amount of the state employee’s military pay and the amount they would
have received as a state employee, and all benefits the state employee would
have received had they not served on active duty, as specified, for the
duration of the event for a period not to exceed 180 days.Existing law limits
the events in which a state employee may be ordered to active duty by the
President to specified emergencies under federal law, including an emergency
involving a use or threatened use of a weapon of mass destruction.This bill
would extend the period of pay and benefits for a state employee who is a
member of the California National Guard or a United States military reserve
organization and is ordered to active duty to 365 days, and would authorize
the Governor to extend that period for up to an additional 1,460 days by
executive order. The bill would remove the limitations regarding the specific
events for which the President may order the state employee to active duty,
but would retain the requirement that the order to active duty be pursuant to
a Presidential determination that it is necessary to augment the active
forces for any operational mission or a time of national emergency declared
by the President or otherwise authorized by law.
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AB 1041
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(Wicks D)
Leave.
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Current Text: Introduced: 2/18/2021 html pdf
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Introduced: 2/18/2021
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Status: 3/4/2021-Referred to Coms. on L. & E.
and INS.
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Location: 3/4/2021-A. L. & E.
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Calendar: 4/8/2021 10:30 a.m. -
State Capitol, Room 437 ASSEMBLY LABOR AND EMPLOYMENT, KALRA,
Chair
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Summary: (1)Existing law, commonly known
as the California Family Rights Act, makes it an unlawful employment practice
for any government employer or employer with 5 or more employees to refuse to
grant a request by any employee with more than 12 months of service with the
employer, and who has at least 1,250 hours of service with the employer
during the previous 12-month period or who meets certain other requirements,
to take up to a total of 12 workweeks in any 12-month period to, among other
things, bond with a new child of the employee or to care for themselves or a
child, parent, grandparent, grandchild, sibling, spouse, or domestic partner,
as specified.This bill would expand the population that an employee can take
leave to care for to include any other individual related by blood or whose
close association with the employee is the equivalent of a family
relationship.This bill contains other related provisions and other existing
laws.
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AB 1048
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(Bonta D)
Alameda Health System Hospital Authority: labor negotiations.
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Current Text: Amended: 3/18/2021 html pdf
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Introduced: 2/18/2021
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Last Amend: 3/18/2021
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Status: 3/18/2021-Referred to Com. on P.E. & R.
From committee chair, with author's amendments: Amend, and re-refer to Com.
on P.E. & R. Read second time and amended.
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Location: 3/18/2021-A. P.E. & R.
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Summary: Existing law establishes an
independent public agency to manage, administer, and control the Alameda
Health System, which is known as the Alameda Health System Hospital
Authority. The hospital authority is governed by a board that is appointed by
the Board of Supervisors of the County of Alameda. Existing law prescribes
the characteristics of employees of the hospital authority who are and are
not authorized to participate in the Alameda County Employees’ Retirement
Association at the time the provisions authorizing the creation of the
hospital authority become effective. Existing law generally prohibits a
person employed by the hospital authority on or before the date these
provisions became effective who was not qualified for membership in the
Alameda County Employees’ Retirement Association at that time from becoming
qualified for membership as a result of subsequent employment with the
hospital authority. This bill would repeal the above-described prohibition on
certain employees of the Alameda Health System Hospital Authority qualifying
for membership in the Alameda County Employees’ Retirement Association. The
bill, during a specified time period, would require that a request to meet
and confer by a recognized union or bargaining agent result in the reopening
of an effective memorandum of understanding for the purpose of negotiating an
agreement regarding the inclusion of certain people within the applicable
bargaining unit in the Alameda County Employees’ Retirement Association. The
bill would authorize a side letter or similar agreement to be negotiated in
lieu of reopening the memorandum of understanding. The bill would prescribe
membership tier requirements for people who are members of the Alameda County
Employees’ Retirement Association and who transfer, reassign, or are hired,
as specified, which wold apply if the facility or hospital authority and a
recognized union or bargaining agent agree to include people within an
applicable bargaining unit participating in the Alameda County Employees’
Retirement Association. The bill would delete a provision relating to people
who are not members of the Alameda County Employees’ Retirement Association
in connection with the characteristics of people who may become a member of
the association, subject to a memorandum of understanding, as specified.
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AB 1063
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(Voepel R)
State employment: memoranda of understanding: ancillary agreements.
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Current Text: Introduced: 2/18/2021 html pdf
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Introduced: 2/18/2021
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Status: 3/4/2021-Referred to Com. on P.E. & R.
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Location: 3/4/2021-A. P.E. & R.
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Summary: Existing law prohibits
provisions of the memorandum of understanding between the state employer and
a recognized employee organization that require the expenditure of funds from
becoming effective unless approved by the Legislature in the annual Budget
Act. Existing law requires that any side letter, appendix, or other addendum
to a ratified memorandum of understanding that requires the expenditure of
$250,000 or more related to salary and benefits and that is not already
contained in the original memorandum of understanding or the Budget Act be
provided by the Department of Human Resources to the Joint Legislative Budget
Committee. Existing law requires the Joint Legislative Budget Committee to
determine if that side letter, appendix, or other addendum presents
substantial additions that are not reasonably within the parameters of the
original memorandum of understanding and requires ratification by legislative
action. This bill would remove the requirement that the side letter,
appendix, or other addendum requires the expenditure of $250,000 or more
related to salary and benefits in connection with the provisions described
above.
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AB 1092
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(Mayes I)
Public employees’ retirement: health benefits.
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Current Text: Amended: 3/18/2021 html pdf
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Introduced: 2/18/2021
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Last Amend: 3/18/2021
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Status: 3/18/2021-Referred to Com. on P.E. & R.
From committee chair, with author's amendments: Amend, and re-refer to Com.
on P.E. & R. Read second time and amended.
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Location: 3/18/2021-A. P.E. & R.
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Summary: Existing law, the Public
Employees’ Retirement Law (PERL), creates the Public Employees’ Retirement
System (PERS), which provides defined benefits to its members based on age at
retirement, service credit, and final compensation. PERL vests the Board of
Administration of PERS with management and control of the system.This bill
would preclude a person who has retired under PERS and who obtains work with
a subsequent employer from receiving any health benefits offered under PEMHCA
if the person’s subsequent employer offers health care coverage that provides
reasonably comparable benefits. The bill would grant the person reinstatement
rights upon termination of employment with the subsequent employer. The bill
would authorize the board to request information regarding employment and
health care coverage offered by a person’s subsequent employer.This bill
contains other existing laws.
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AB 1130
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(Wood D)
California Health Care Quality and Affordability Act.
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Current Text: Introduced: 2/18/2021 html pdf
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Introduced: 2/18/2021
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Status: 3/4/2021-Referred to Com. on HEALTH.
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Location: 3/4/2021-A. HEALTH
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Calendar: 4/6/2021 1:30 p.m. -
Assembly Chambers ASSEMBLY HEALTH, WOOD, Chair
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Summary: Existing law generally requires
the State Department of Public Health to license, inspect, and regulate
health facilities, including hospitals. Existing law requires health
facilities to meet specified cost and disclosure requirements, including
maintaining an understandable written policy regarding discount payments and
charity.This bill would establish, within OSHPD, the Office of Health Care
Affordability to analyze the health care market for cost trends and drivers
of spending, develop data-informed policies for lowering health care costs
for consumers, set and enforce cost targets, and create a state strategy for
controlling the cost of health care and ensuring affordability for consumers
and purchasers. The bill would also establish the Health Care Affordability
Advisory Board, composed of 9 members and 2 ex officio members, appointed as
prescribed, to recommend health care cost targets and to advise the Director
of Statewide Health Planning and Development and the office.This bill
contains other related provisions and other existing laws.
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AB 1131
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(Wood D)
Health information exchange.
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Current Text: Introduced: 2/18/2021 html pdf
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Introduced: 2/18/2021
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Status: 3/4/2021-Referred to Com. on HEALTH.
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Location: 3/4/2021-A. HEALTH
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Calendar: 4/6/2021 1:30 p.m. - Assembly
Chambers ASSEMBLY HEALTH, WOOD, Chair
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Summary: Existing law makes legislative
findings and declarations on health information technology, including that
there is a need to promote secure electronic health data exchange among
specified individuals, such as health care providers and consumers of health
care, and that specified federal law provides unprecedented opportunity for
California to develop a statewide health information technology
infrastructure to improve the state’s health care system.This bill would
require, by January 1, 2023, health plans, hospitals, medical groups, testing
laboratories, and nursing facilities, at a minimum, contribute to, access,
exchange, and make available data through the network of health information
exchanges for every person, as a condition of participation in a state health
program, including Medi-Cal, Covered California, and CalPERS. The bill would
also state the intent of the Legislature to enact legislation that would
expand the use of clinical and administrative data and further build on the
promise of health information exchange, including specified strategies for
achieving these goals.
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AB 1293
|
(Cooley D)
Judges’ Retirement System II: federal law limits: cost-of-living
adjustments.
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Current Text: Amended: 3/18/2021 html pdf
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Introduced: 2/19/2021
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Last Amend: 3/18/2021
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|
Status: 3/18/2021-Referred to Com. on P.E. & R.
From committee chair, with author's amendments: Amend, and re-refer to Com.
on P.E. & R. Read second time and amended.
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Location: 3/18/2021-A. P.E. & R.
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Summary: Existing law establishes the
Judges’ Retirement System II, which the Board of Administration of the Public
Employees’ Retirement System administers. Existing law authorizes a judge who
is a member of the system and retires after meeting specified conditions to
receive pension benefits. This bill would prohibit the amount payable to a
member under the Judges’ Retirement System II, including cost-of-living
adjustments, from exceeding the limits established by federal law, and would
incorporate specified provisions of federal law by reference. The bill would
also require the retirement allowance of a member or monetary credits available
to a member to be increased to reflect cost-of-living adjustments contained
in federal law, in accordance with specified limits.This bill contains other
existing laws.
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AB 1301
|
(Gray D)
Labor Code: protections, obligations, and prohibitions: Legislature.
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Current Text: Introduced: 2/19/2021 html pdf
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Introduced: 2/19/2021
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Status: 2/22/2021-Read first time.
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Location: 2/19/2021-A. PRINT
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Summary: Existing law provides specified
protections for employees and specified obligations and prohibitions for
employers in regard to payment of wages, gratuities, working conditions,
bonds and photographs required by employers, contracts and applications for
employment, purchases by employees, employee working hours, agreements
regarding joining or becoming a member of a labor organization or employer
organization, solicitation of employees by misrepresentation, enrollment in
drug and alcohol rehabilitation programs, employee political affiliations,
public works, employee indemnification and contributory negligence, provision
of health benefits, termination, and occupational safety and health. A
violation of several of these provisions by an employer or an agent, manager,
superintendent, or officer of an employer is a misdemeanor or infraction, as
specified.This bill would expressly provide that these provisions apply to
the Legislature and legislative employees, as specified. By expanding the
scope of existing crimes, the bill would impose a state-mandated local
program. The bill would declare the intent of the Legislature that these
changes operate retroactively, except to the extent that retroactive
operation would impose criminal liability for violations of law occurring
before January 1, 2022.This bill contains other related provisions and other
existing laws.
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AB 1354
|
(Grayson D)
Public employees’ retirement.
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Current Text: Introduced: 2/19/2021 html pdf
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Introduced: 2/19/2021
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|
|
Status: 2/22/2021-Read first time.
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|
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Location: 2/19/2021-A. PRINT
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Summary: Existing law, the California
Public Employees’ Pension Reform Act of 2013, prescribes various limits on
public employee retirement systems and public employers, as specified. The
act generally prohibits a retired person from being employed by a public
employer in the same public retirement system from which the retiree receives
pension benefits without reinstatement from retirement into that system,
subject to certain exceptions. This bill would make nonsubstantive changes to
that provision.
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AB 1460
|
(Bigelow R)
State employment: COVID-19 telework: costs.
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|
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Current Text: Introduced: 2/19/2021 html pdf
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|
|
Introduced: 2/19/2021
|
|
|
Status: 3/11/2021-Referred to Com. on P.E. & R.
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|
|
Location: 3/11/2021-A. P.E. & R.
|
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|
Summary: Existing law authorizes the
Department of Human Resources (CalHR) to expend, in accordance with law,
moneys made available for its use or for the administration of any statute
administered by it. Existing law vests in CalHR the administration of
salaries generally and provides for the payment of miscellaneous compensation
under specified circumstances. Existing law requires CalHR to provide the
extent to which, and establish the method by which, ordered overtime or
overtime in times of critical emergency is compensated, as specified.This
bill would authorize CalHR to provide a one-time payment of an unspecified
amount to employees who have been required to telework as a result of the
COVID-19 pandemic in order to offset costs associated with working remotely.
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AB 1496
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(Cooper D)
Educational employment relations: Public Employment Relations Board:
investigations: unfair practices.
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Current Text: Introduced: 2/19/2021 html pdf
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Introduced: 2/19/2021
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Status: 2/22/2021-Read first time.
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Location: 2/19/2021-A. PRINT
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Summary: Existing law gives public
school employees the right to form, join, and participate in the activities
of employee organizations of their own choosing for the purpose of
representation on all matters of employer-employee relations. Existing law
establishes the Public Employment Relations Board and gives the board
specified powers relating to employer-employee relations, including
investigating unfair practice charges filed by an employee, employee
organization, or employer. Existing law gives the board exclusive
jurisdiction to make an initial determination whether the charges of unfair
practices are justified, and, if so, what remedy is necessary, as
specified.This bill would make nonsubstantive changes to the latter
provision.
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AB 1528
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(Santiago D)
Wages: final payments.
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Current Text: Introduced: 2/19/2021 html pdf
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Introduced: 2/19/2021
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Status: 2/22/2021-Read first time.
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Location: 2/19/2021-A. PRINT
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Summary: Existing law regulates the
terms and conditions of employment and, specifically, the payment of wages.
Existing law generally requires that if an employer discharges an employee,
the wages earned and unpaid at the time of discharge are due and payable immediately.
Existing law authorizes a state employee to provide for certain amounts,
including those associated with unpaid vacation, to be contributed to
specified supplemental retirement plans. Existing law also authorizes a state
employee to defer certain payments until the next calendar year in certain
circumstances. This bill would make nonsubstantive changes to these
provisions.
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SB 93
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(Skinner D)
COVID-19 pandemic emergency: contact tracing: childcare.
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Current Text: Amended: 2/17/2021 html pdf
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Introduced: 12/16/2020
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Last Amend: 2/17/2021
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Status: 2/17/2021-From committee with author's
amendments. Read second time and amended. Re-referred to Com. on BUDGET.
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Location: 1/22/2021-A. BUDGET
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Summary: (1)The Child Care and
Development Services Act establishes a system of childcare and development
services for children up to 13 years of age. Commencing July 1, 2021,
existing law transfers specified childcare programs, responsibilities,
services, and systems from the State Department of Education and the
Superintendent of Public Instruction to the State Department of Social
Services.Existing law provides that the Legislature finds and declares that
the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act
(Public Law 116-136) Child Care and Development Block Grant supplemental
payment awarded funds to California to address the impact of the COVID-19
pandemic on childcare providers and the families they serve, including to
prevent, prepare for, and respond to the pandemic emergency, to provide
assistance to childcare providers in the case of decreased enrollment or
closures, and to provide childcare assistance to essential workers during the
response to the pandemic. Existing law provides that it is the intent of the
Legislature to allocate funds to restore amounts either directly or through
reimbursement for obligations incurred relating to childcare and the
pandemic. Existing law requires the Controller to transfer, on July 1, 2020,
$152,314,000 from the Federal Trust Fund, and consistent with the federal
Coronavirus Aid, Relief, and Economic Security (CARES) Act Child Care and
Development Block Grant supplemental payment requirements, to the General
Fund to offset the state costs incurred in the 2019–20 fiscal year. For the
2020–2021 fiscal year, existing law appropriates $198,000,000 from the
Federal Trust Fund to the Superintendent of Public Instruction for COVID-19
pandemic-related relief and assistance for childcare providers, the families those
childcare providers serve, and essential workers, as prescribed.This bill
would instead require $42,014,000 to be transferred on July 1, 2020, and
would instead appropriate $308,000,000 for the 2020–2021 fiscal year thereby
making an appropriation. Of the funds appropriated for the 2020–2021 fiscal
year, the bill would allocate $30,000,000 to the State Department of
Education to reimburse contractors for the cost of waived family fees for
families not receiving in-person services from September 1, 2020, to June 30,
2021, inclusive, and would allocate $80,000,000 to the State Department of
Education to reimburse contractors pursuant to prioritized factors, including
to support costs associated with increased childcare service hours for
ongoing enrollments due to school closures. (2)Existing law expresses the
intent of the Legislature to prepare for the effective use of childcare funds
available from the federal government during the COVID-19 pandemic and
recovery period in order to support the essential workforce through
necessary, high-quality childcare, support healthy child development during
this historic time, and ensure the stability of California’s childcare
system. Contingent on the receipt of federal funds that may be used for these
purposes during the 2020–21 fiscal year, existing law requires the State
Department of Education to prioritize childcare-related funding, as
prescribed, including up to $35,000,000 to support alternative payment
programs, including migrant alternative payment programs, to reimburse
providers for providing short-term childcare to eligible children when a
provider is closed. Existing law authorizes the State Department of Education
to transfer specified program expenditure authority between schedules to
accurately reflect expenditures in the program schedules, upon the approval
of the Department of Finance, and authorizes the Department of Finance, at
its discretion, to approve a transfer of program expenditure authority to the
extent total allocations do not exceed a specified total amount. Upon
approval from the Department of Finance, existing law requires the
Superintendent of Public Instruction to notify the chairs of the relevant
policy committees and budget subcommittees of the Legislature of the
Superintendent of Public Instruction’s intent to transfer program expenditure
authority between programs.This bill would repeal these provisions, would
instead appropriate the sum of $402,000,000 in specified federal funding to
provide subsidized childcare and preschool providers with COVID-19
pandemic-related assistance, and would allocate the money, as specified,
including allocating $244,000,000 to provide a flat-rate one-time stipend
amount of $525 per child enrolled in a subsidized childcare or a state
preschool program, as prescribed. Among other allocations, the bill would
allocate $80,000,000 to provide additional emergency vouchers for specified
children, including the children of essential workers, through June 30, 2022.
The bill would make a state-subsidized childcare provider operating or
serving alternative payment programs eligible for an additional 16 paid
nonoperational days when the provider is closed due to the COVID-19 pandemic
emergency. The bill would require specified entities, including alternative
payments programs, to track the usage of paid nonoperational days and
associated costs due to the COVID-19 pandemic emergency and short-term
childcare to eligible children, and to report monthly on usage to the State
Department of Education and the State Department of Social Services. The bill
would require the State Department of Education to issue guidance related to
the additional 16 nonoperational days for COVID-19-related closures to family
childcare home education network programs. The bill would make related findings
and declarations. (3)Existing law requires the Department of Human Resources
to provide to the Joint Legislative Budget Committee any side letter,
appendix, or other addendum to a properly ratified memorandum of
understanding that requires the expenditure of $250,000 or more related to
salary and benefits and that is not already contained in the original
memorandum of understanding or the Budget Act. Existing law requires the
Joint Legislative Budget Committee, within 30 days after receiving the side
letter, appendix, or other addendum, to determine if the addendum presents
substantial additions that are not reasonably within the parameters of the
original memorandum of understanding and thereby requires legislative action
to ratify the addendum.Existing law provisions of the Budget Act of 2020
provide an exception to the above-described provisions and, instead, makes
implementation of an addendum that results in any expenditure of funds
contingent upon legislative action to ratify the addendum if the agreement
results in total net costs greater than $1,000,000 during the 2020–21 fiscal
year. Existing law provisions of the Budget Act of 2020 relating to
augmentation for employee compensation from the General Fund, unallocated
special funds, or unallocated nongovernmental cost funds also make
implementation of an addendum that requires those funds contingent upon
legislative approval.This bill would approve the addendum to the memorandum
of understanding entered into between the state employer and State Bargaining
Unit 1, Professional, Administrative, Financial, and Staff Services, State
Bargaining Unit 3, Professional Educators and Librarians, State Bargaining
Unit 4, Office and Allied, State Bargaining Unit 11, Engineering and
Scientific Technicians, State Bargaining Unit 14, Printing and Allied Trades,
State Bargaining Unit 15, Allied Services, State Bargaining Unit 17,
Registered Nurses, State Bargaining Unit 20, Medical and Social Services, and
State Bargaining Unit 21, Educational Consultants and Library, regarding
employees that have been assigned to assist with COVID-19 contact tracing,
and would appropriate for this purpose $1,793,000 previously appropriated in
the Budget Act of 2020 for other purposes related to state employee
compensation, as specified.(4)This bill would declare that it is to take
effect immediately as a bill providing for appropriations related to the
Budget Bill.
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SB 112
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(Skinner D)
Budget Act of 2021.
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Current Text: Introduced: 1/8/2021 html pdf
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Introduced: 1/8/2021
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Status: 1/11/2021-From printer. Read first time.
Referred to Com. on B. & F.R.
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Location: 1/11/2021-S. BUDGET &
F.R.
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Summary: This bill would make
appropriations for the support of state government for the 2021–22 fiscal
year.This bill contains other related provisions.
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SB 294
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(Leyva D)
Public retirement: leave of absence: service credit.
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Current Text: Introduced: 2/2/2021 html pdf
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Introduced: 2/2/2021
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Status: 3/12/2021-Set for hearing March 22.
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Location: 3/8/2021-S. APPR.
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Summary: The Public Employees’
Retirement Law (PERL) establishes the Public Employees’ Retirement System
(PERS) for the purpose of providing pension benefits to state employees and
employees of contracting agencies. Existing law requires administration of
PERS by the Board of Administration of PERS. Existing law creates the Public
Employees’ Retirement Fund, a continuously appropriated fund, as a trust fund
to be expended for purposes related to the system and its administration, and
into which employee contributions are deposited.The Teachers’ Retirement Law
establishes the State Teachers’ Retirement System (STRS) for the purpose of
providing a defined benefit to members of the program. STRS is governed by
the Teachers’ Retirement Board. Existing law creates the Teachers’ Retirement
Fund, which is continuously appropriated for specified purposes, and into
which employee contributions are deposited. PERS and STRS require employees
to make contributions to the system based on their creditable compensation,
as defined. Existing law defines “leave of absence” for purposes of both laws
as a period of leave to which a member is entitled that is expressly
authorized or required pursuant to specified provisions, including
employer-approved compensated leave, subject to specified requirements. Under
existing law, during a leave of absence for an employer-approved compensated
leave, an employee earns full service credit and is required to pay employee
contributions, as specified. Existing law limits the maximum amount of the service
credit earned during an employer-approved compensated leave of absence to 12
years. This bill would remove the 12-year limitation for service credit
earned on an employer-approved compensated leave. By increasing contributions
into the continuously appropriated Public Employees’ Retirement Fund and
Teachers’ Retirement Fund, the bill would make an appropriation. This bill
contains other existing laws.
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SB 411
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(Cortese D)
Public Employees’ Retirement System: employment without reinstatement.
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Current Text: Amended: 3/8/2021 html pdf
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Introduced: 2/12/2021
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Last Amend: 3/8/2021
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Status: 3/18/2021-Re-referred to Com. on L., P.E.
& R.
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Location: 3/18/2021-S. L., P.E.
& R.
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Summary: Existing law, the Public
Employees’ Retirement Law (PERL), creates the Public Employees’ Retirement
System (PERS), which provides pension and disability benefits to its members
and prescribes their rights and duties. Existing law, the Public Employees’ Pension
Reform Act of 2013 (PEPRA), prescribed various limitations on public
employees, employers, and retirement systems concerning, among other things,
work after retirement. PERL generally prohibits retired PERS members from
working for an agency participating in the system without reinstatement in
the system, unless that employment is otherwise specifically authorized.
PEPRA also prohibits retirees from serving or being employed directly, or
through a contract, with a public employer, as defined, in the same
retirement system from which they receive their benefits, except as expressly
permitted. Both PERL and PEPRA generally prescribe limits on the manner and
duration that retired members may be employed without reinstatement. PERL
requires a person who is employed in violation of its reinstatement
requirements to be reinstated in the member category previously held and on
the date on which the unlawful employment occurred. In these circumstances,
PERL requires that a retired member reimburse the system for the person’s
allowance received during the periods of the unlawful employment, to pay to
the system employee contributions that otherwise should have been paid, and
to contribute for associated administrative expenses, as specified. PERL
requires employers in these circumstances to pay to the system the employer
contributions that otherwise should have been paid and to contribute for
associated administrative expenses, as specified.This bill would eliminate
the above-described requirement that a person employed without reinstatement
in a manner other than authorized by PERL be reinstated, instead providing
that reinstatement is permissive. The bill would make conforming changes and
make specific reference to the duties of employees and employers regarding reinstatement
after retirement in violation of PEPRA.
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SB 422
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(Pan D)
Personal services contracts: state employees: physician and
professional registry.
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Current Text: Introduced: 2/12/2021 html pdf
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Introduced: 2/12/2021
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Status: 2/25/2021-Referred to Com. on L., P.E.
& R.
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Location: 2/25/2021-S. L., P.E.
& R.
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Summary: Existing law, the State Civil
Service Act, regulates employment with the state and vests in the Department
of Human Resources all powers, duties, and authority necessary to operate the
state civil service system. Existing law permits the use of personal services
contracts for purposes of cost savings when specified conditions are met,
including when the potential economic advantage of contracting is not
outweighed by the public’s interest in having a particular function performed
directly by the state government.This bill would require the Department of
Human Resources to establish, by March 1, 2022, a physician and professional
registry composed of prescribed members of state bargaining units who are
employed by the state. The bill would require the Department of Corrections
and Rehabilitation and the State Department of State Hospitals to participate
in the registry and to designate a coordinator for the registry. The bill
would require an employee in the applicable bargaining units who elects to
join the registry to notify the coordinator of their interest and provide the
coordinator with their availability for work on a monthly basis. The bill
would establish eligibility and compensation for registry work. The bill
would require each state department employing physicians or professionals
from the registry, by January 1, 2026, to conduct a study of the
effectiveness of the registry to determine if the registry compensation rates
were successful in addressing the operational needs for flexible services at
a lower cost than contract registries. The bill would also require each such
department to conduct and post on its internet website a semiannual survey of
managers and employees to determine the efficacy of the registry. The bill
would repeal these provisions on January 1, 2027.
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SB 457
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(Portantino D)
Public employee retirement systems: investment portfolios: divestment
from Turkey.
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Current Text: Introduced: 2/16/2021 html pdf
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Introduced: 2/16/2021
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Status: 2/25/2021-Referred to Com. on L., P.E.
& R.
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Location: 2/25/2021-S. L., P.E.
& R.
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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 prescribes specified duties for the boards of
administration of the Public Employees’ Retirement System and the State
Teachers’ Retirement System in connection with investment in specified
countries and, under certain conditions, limits the authority of the boards
to invest in those countries.This bill would require the boards of
administration of the Public Employees’ Retirement System and the State
Teachers’ Retirement System to provide employers that are school districts
and cities that participate in the systems an option to elect an investment
portfolio that does not contain investment vehicles that are issued or owned
by the government of the Republic of Turkey.
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