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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 August 24, 2020)



ACSS Legislative Report

8/24/2020

Support

 

AB 271

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

 

Current Text: Enrollment: 9/11/2019  html   pdf

 

Introduced: 1/24/2019

 

Last Amend: 3/6/2019

 

Status: 9/15/2019-9/15/2019-Failed Deadline pursuant to Rule 61(a)(15). (Last location was DESK on 9/11/2019)(May be acted upon Jan 2020)

 

Location: 9/15/2019-S. 2 YEAR

 

Summary: Existing law, the State Civil Service Act, provides for filling certain state positions through the process of examinations and the establishment of eligible lists and promotional lists. Existing law requires the Department of Human Resources to administer the Personnel Classification Plan for state civil service positions, including the allocation of every position to the appropriate class in the classification plan.This bill would require the Department of Human Resources to, by December 31, 2020, and every 2 years thereafter, evaluate all civil service classifications and prepare a detailed report on gender and ethnicity pay equity in each classification where there is an underrepresentation of women and minorities. The bill would require each state agency to submit specified information to the department about each state civil service classification within the agency. The bill would require the department to prepare a plan for each state agency to attain pay equity if a discrepancy is found and a specified plan to recruit, attract, and retain women and minorities into positions where there is an underrepresentation of those subgroups. The bill would, until January 1, 2030, require the department to submit the report to the Legislature, not later than January 1 of each year, as specified.

 

 

Memo:

 

Support letter sent to Author -- 3/14/19

Support letter sent to Asm. PE&R -- 3/15/19

Support letter sent to Asm. APPR -- 4/5/19

Support letter sent to Sen. LPE&R -- 6/14/19

 

AB 499

(Mayes I)   Personal information: social security numbers: state agencies.

 

Current Text: Amended: 8/20/2020  html   pdf

 

Introduced: 2/13/2019

 

Last Amend: 8/20/2020

 

Status: 8/20/2020-From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 20). Read second time and amended. Ordered returned to second reading.

 

Location: 8/20/2020-S. SECOND READING

 

Calendar: 8/24/2020  #8  SENATE ASSEMBLY BILLS - SECOND READING FILE

 

Summary: Existing law prohibits a state agency from sending any outgoing United States mail to an individual that contains personal information about that individual, including, but not limited to, the individual’s social security number, telephone number, driver’s license number, or credit card account number, unless that personal information is contained within sealed correspondence and cannot be viewed from the outside of that sealed correspondence.This bill would prohibit a state agency from sending any outgoing United States mail that contains an individual’s social security number unless the number is truncated to its last 4 digits or in specified circumstances, including when federal law requires inclusion of the social security number or when documents are mailed to a current or prospective state employee. The bill would require each state agency that mails an individual’s full or truncated part of a social security number to that individual to report to the Legislature, on or before September 1, 2021, regarding when and why it does so. The bill would require a state agency that, in its own estimation, is unable to comply with the restrictions on mailing social security numbers that have not been truncated to submit an annual corrective action plan to the Legislature until it is in compliance. The bill would make the reports, action plans, and related correspondence confidential and would prohibit their public disclosure.This bill contains other related provisions and other existing laws.

 

 

SB 179

(Nielsen R)   Excluded employees: arbitration.

 

Current Text: Introduced: 1/28/2019  html   pdf

 

Introduced: 1/28/2019

 

Status: 9/15/2019-Failed Deadline pursuant to Rule 61(a)(15). (Last location was INACTIVE FILE on 9/5/2019)(May be acted upon Jan 2020)

 

Location: 9/15/2019-A. 2 YEAR

 

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 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 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. The bill would provide that a party to the arbitration has the right to have a certified shorthand reporter transcribe the proceeding and that the transcription would be 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 the costs of arbitration from being passed on to the excluded employee.

 

 

Memo:

 

Support letter sent to Author -- 3/22/19

Support letter sent to Sen. LPE&R -- 3/22/19

Support letter sent to Sen. Judiciary -- 4/5/19

Support letter sent to Sen. APPR -- 4/19/19

Support letter sent to Asm. PE&R -- 6/14/19

Support letter sent to Asm. Judiciary -- 6/14/19

 

SB 266

(Leyva D)   Public Employees’ Retirement System: disallowed compensation: benefit adjustments.

 

Current Text: Amended: 9/3/2019  html   pdf

 

Introduced: 2/12/2019

 

Last Amend: 9/3/2019

 

Status: 9/15/2019-9/15/2019-Failed Deadline pursuant to Rule 61(a)(15). (Last location was DESK on 9/11/2019)(May be acted upon Jan 2020)

 

Location: 9/15/2019-S. 2 YEAR

 

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.

 

 

Memo:

 

Support letter sent to Author -- 6/14/19

Support letter sent to Asm. PE&R -- 6/14/19

Support letter sent to Asm. APPR -- 7/5/19

 

SB 852

(Pan D)   Health care: prescription drugs.

 

Current Text: Amended: 8/24/2020  html   pdf

 

Introduced: 1/13/2020

 

Last Amend: 8/24/2020

 

Status: 8/20/2020-From committee: Do pass as amended. (Ayes 13. Noes 5.) (August 20). (Text Published 8/21/2020)

 

Location: 8/18/2020-A. SECOND READING

 

Calendar: 8/24/2020  #44  ASSEMBLY SECOND READING FILE -- SENATE BILLS

 

Summary: Existing law 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. Existing law authorizes the department to obtain from those manufacturers and suppliers discounts, rebates, or refunds based on quantities purchased, as permissible under federal law. Existing law authorizes those contracts to include price discounts, rebates, refunds, or other strategies aimed at managing escalating prescription drug prices. Existing law requires certain state agencies to participate in that prescription drug bulk purchasing program, including the State Department of State Hospitals and the State Department of Developmental Services. Existing law establishes the California Health and Human Services Agency, which includes departments charged with the administration of health, social, and other human services.This bill would require the California Health and Human Services Agency (CHHSA) to enter into partnerships, in consultation with other state departments as necessary to, among other things, increase patient access to affordable drugs. The bill would require CHHSA to enter into partnerships to produce or distribute generic prescription drugs and at least one form of insulin, provided that a viable pathway for manufacturing a more affordable form of insulin exists at a price that results in savings. The bill would, subject to appropriation by the Legislature, require CHHSA to submit a report to the Legislature on or before July 1, 2023, that, among other things, assesses the feasibility and advantages of directly manufacturing generic prescription drugs and selling generic prescription drugs at a fair price. The bill would require CHHSA to report to the Legislature on or before July 1, 2022, a description of the status of the drugs targeted for manufacture and an analysis of how CHHSA’s activities have impacted competition, access, and costs for those drugs. The bill would exempt all nonpublic information and documents relating to this program from disclosure under the California Public Records Act in order to protect proprietary, confidential information regarding manufacturer or distribution costs and drug pricing, utilization, and rebates. The bill would state that its provisions are severable.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.

 

 

Memo:

 

Support letter sent to Author -- 6/1/2020

Support letter sent to Sen. APPR -- 6/1/2020

Support letter sent to Asm. Health -- 7/30/2020

Watch

 

AB 106

(Committee on Budget)   State employment: State Bargaining Units.

 

Current Text: Amended: 7/27/2020  html   pdf

 

Introduced: 12/3/2018

 

Last Amend: 7/27/2020

 

Status: 7/31/2020-Read second time. Ordered to third reading.

 

Location: 7/31/2020-S. THIRD READING

 

Calendar: 8/24/2020  #102  SENATE ASSEMBLY BILLS - THIRD READING FILE

 

Summary: (1)Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve the agreements entered into by the state employer and State Bargaining Unit 12 - Craft and Maintenance, and State Bargaining Unit 13 - Stationary Engineers. The bill would also approve provisions requiring the expenditure of funds in the addenda entered into between the state employer and State Bargaining Unit 12 - Craft and Maintenance, and State Bargaining Unit 13 - Stationary Engineers. The bill would also, among other things, make the conforming statutory changes for the agreements entered into by the state employer and State Bargaining Unit 2 - Attorneys and Hearing Officers, State Bargaining Unit 5 - Highway Patrol, State Bargaining Unit 7 - Protective Services and Public Safety, State Bargaining Unit 8 - Firefighters, State Bargaining Unit 9 - Professional Engineers, State Bargaining Unit 10 - Professional Scientific, State Bargaining Unit 16 - Physicians, Dentists, and Podiatrists, State Bargaining Unit 18 - Psychiatric Technicians, and State Bargaining Unit 19 - Health and Social Services/Professional. The bill would provide that provisions of the memoranda of understanding or addenda, or both, described above and approved by this bill or previously approved that require the expenditure of funds will not take effect unless funds for those provisions are specifically appropriated by the Legislature. The bill would authorize the state employer or these state bargaining units to reopen negotiations if funds for those provisions are not specifically appropriated by the Legislature.This bill would require the provisions of these memoranda of understanding or addenda, or both, that require the expenditure of funds to become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act.Existing law, for the 2020– 21 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by specified memoranda of understanding, if the Budget Act for that fiscal year is not enacted by July 1, 2020. Existing law includes within this appropriation provision a memorandum of understanding for State Bargaining Unit 5, effective July 1, 2019, to June 30, 2023.This bill would revise the expiry date of the memorandum of understanding described above for State Bargaining Unit 5 to July 3, 2024. The bill would also include, within that continuous appropriation provision, the amount necessary for the payment of compensation and employee benefits to state employees covered by memoranda of understanding entered into between the state employer and State Bargaining Unit 12 (effective July 1, 2020, to June 30, 2021, inclusive), and State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2022, inclusive).Existing law, for the 2021–22 and 2022–23 fiscal years, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by specified memoranda of understanding, if the Budget Act is not enacted by July 1, 2021, for the 2021–22 fiscal year, or by July 1, 2022, for the 2022–23 fiscal year, respectively.This bill would further include, within these continuous appropriation provisions, the amount necessary for the payment of compensation and employee benefits to state employees covered by the memorandum of understanding entered into for State Bargaining Unit 16. The bill would also change the expiry date of the memorandum of understanding described above for State Bargaining Unit 5 to July 3, 2024.This bill, for the 2023–24 and 2024–25 fiscal years, would continuously appropriate to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits covered by the memorandum of understanding entered into between the state employer and State Bargaining Unit 5, if the Budget Act is not enacted by July 1, 2023, for the 2023–24 fiscal year, or by July 1, 2024, for the 2024–25 fiscal year.(2)The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System for the purpose of providing public employees pension and other benefits, which are funded by employee and employer contributions and investment returns. Contributions and investment returns are deposited in the Public Employees’ Retirement Fund, which is continuously appropriated for the payment of benefits and administration of the system. PERL and labor agreements prescribe different normal rates of contribution for employees depending on bargaining unit, employer, and inclusion of service in the federal social security system, among other factors. Existing law adjusts the normal rate of contribution for specified state miscellaneous or state industrial members who are represented by State Bargaining Unit 2 to 10% of compensation in excess of $317 per month paid to a member whose service is not included in the federal system and to 9% of compensation in excess of $513 per month paid to a member whose service has been included in the federal system, if certain conditions occur.This bill would adjust those contribution rates, effective July 1, 2022, to 9½% of compensation in excess of $317 per month paid to a member whose service is not included in the federal system and to 8½% of compensation in excess of $513 per month paid to a member whose service is included in the federal system.Existing law authorizes the Director of the Department of Human Resources to establish the normal rate of contribution, as described above, for a state employee who is excepted from a specific statutory definition of “state employee” and an officer or employee of the executive branch of state government who is not a member of the civil service, subject to certain conditions.This bill would require the normal rate of contribution for the above-described members to be consistent with the normal rate of contribution for all members identified in this provision.This bill, effective July 1, 2023, would require the normal contribution rates for state miscellaneous or state industrial members who are represented by State Bargaining Unit 2 to be adjusted when both: (A) the total normal cost rate for the category in effect for the 2022–23 fiscal year has increased or decreased by at least 1% and (B) 50% of the new normal cost rate, as rounded, is greater or less than the established normal contribution rate, as specified. The bill would require the board, if, on July 1, 2023, those conditions are met, to adjust the normal rate of contribution for those members to 50% of the normal cost rate of contributions, subject to certain conditions. The bill would require, each year thereafter, the rate to be adjusted only if the board determines the normal cost rate increases or decreases by more than 1% of payroll, as specified, and would prohibit the increase from exceeding 1% per year, applicable to specified compensation. The bill would authorize the Director of the Department of Human Resources to exercise their discretion to establish the normal rate of contributions for a state employee who is excepted from a specified definition of “state employee” and an officer or employee of the executive branch who is not a member of civil service, subject to the normal rate of contribution being the same for al members identified in this provision, as specified.This bill, effective July 1, 2023, would also require the normal contribution rate for state safety members who are represented by State Bargaining Unit 2 to be adjusted when both: (A) the normal total cost rate for the category in effect for the 2020–21 fiscal year has increased or decreased by at least 1% and (B) 50% of the new normal cost rate, as rounded, is greater or less than the normal contribution rate established, as specified. The bill would require the board, if, on July 1, 2023, these conditions have been met, to adjust the normal rate of contribution for these members to 50% of the normal cost, and each year thereafter, to adjust the rate only if the board determines that the total normal cost increases by more than 1% of payroll, as specified, subject to certain limits.Existing law requires the normal contribution rate for state industrial members who are represented by State Bargaining Unit 10 to be adjusted when specified conditions occur. Existing law requires the normal rate of contribution rate to return to the normal rate established on July 1, 2021.This bill would instead require that contribution rate to return to the normal rate on July 1, 2020.Existing law, applicable to state industrial members who are represented by State Bargaining Unit 10, authorizes the Director of the Department of Human Resources to exercise discretion to establish the normal contribution rate for a related state employee who is excepted from a specific definition of “state employee” and an officer or employee of the executive branch of state government who is not a member of the civil service, consistent with the normal rate of contribution for certain members.This bill would require the normal rate of contribution to be the same for all of those employee identified above.Existing law, with respect to the normal contribution rate for patrol members and state miscellaneous members represented by State Bargaining Unit 5, requires an adjustment to these rates, effective July 1, 2020.This bill would instead require that adjustment to be effective July 1, 2022, or July 1, 2023, depending on when the employees’ and employer’s monthly contribution for prefunding other postemployment benefits is restored. The bill would require the normal rate of contribution, for a related state employee who is excepted from the definition of a “state employee” and an officer or employee of the executive branch who is not a member of civil service, to be the same for all of members identified in that category, as prescribed.By increasing employee contributions into a continuously appropriated fund, this bill would make an appropriation.(3)The Public Employees’ Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees’ Retirement System, prescribes methods for calculating the state employer contribution for postemployment health care benefits for eligible retired public employees and their families and for the vesting of these benefits. PEMHCA establishes the Annuitants’ Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs.PEMHCA requires the state and employees in specified State Bargaining Units to prefund retiree health care and other postemployment benefits, subject to certain conditions. PEMHCA requires employees in State Bargaining Unit 9 to make contributions to prefund retiree health care and the state to make a matching contribution, as specified. PEMHCA suspends those employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 and 2021–22 fiscal years beginning on the first day of the pay period following ratification and ending on June 30, 2022.This bill would provide that the above employees’ monthly contribution for prefunding those other benefits is suspended and shall not be withheld from employees’ salaries beginning with the July 2020 pay period and ending on June 30, 2022.PEMHCA requires the employees in State Bargaining Unit 10 to prefund retiree health care and the state to make a matching contribution, which, effective July 1, 2020, is 2.8% of pensionable compensation.This bill instead would suspend the requirement that those employees make a monthly contribution for prefunding other postemployment benefits for the 2020–21 and 2021–22 fiscal years, and would not permit that contribution amount to be withheld from employees’ salaries during a specified timeframe.PEMHCA requires the employees in State Bargaining Unit 12 to make contributions to prefund retiree health care based on a specified schedule, and the state to make a matching contribution, as provided. The act further requires, effective July 1, 2020, an additional 1.1% for a total employee contribution of 4.6% of pensionable compensation.This bill would suspend the above-described employee contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, and would not permit that contribution amount to be withheld from employees’ salaries during a specified timeframe.PEMHCA law requires the employees in State Bargaining Unit 2 to make contributions to prefund retiree health care based on a specified schedule, and the state to make a matching contribution. The act further requires, effective July 1, 2019, an additional 0.7% compensation be made for a total employee contribution of 2% of pensionable compensation.This bill would suspend the employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 and 2021–22 fiscal years, and would not permit that contribution amount to be withheld from employees’ salaries during a specified timeframe.PEMHCA requires the employees in State Bargaining Unit 7 to make contributions to prefund retiree health care, as specified, with that rate set at an additional 1.3% of compensation for a total employee contribution of 4% of pensionable compensation effective July 1, 2019.This bill would suspend the above employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 and 2021–22 fiscal years, and would not permit that amount to be withheld from employees’ salaries during a specified timeframe.PEMHCA requires the employees in State Bargaining Unit 8 to make contributions to prefund retiree health care, as specified, and the state to make a matching contribution. Existing law requires, effective July 1, 2019, an additional 1.4% compensation for a total employee contribution of 4.4% of pensionable compensation.This bill would suspend the above employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, and would not permit that contribution amount to be withheld from employees’ salaries during a specified timeframe.PEMHCA requires the employees in State Bargaining Unit 13 to make contributions to prefund retiree health care, as specified, and the state to make a matching contribution. The act requires, effective July 1, 2019, an additional 1.3% contribution, for a total employee contribution of 3.9% of pensionable compensation.This bill would suspend the above employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 and 2021–22 fiscal years, and would not permit that contribution amount to be withheld from employees’ salaries during a specified timeframe.PEMHCA requires the employees in State Bargaining Unit 18 to make contributions to prefund retiree health care based, as specified, and the state to make a matching contribution. PEMHCA requires, after July 1, 2019, a total employee contribution of 4% of pensionable compensation and that the employer and employee contribution percentages be adjusted based on actuarially determined total normal costs, as specified. PEMHCA further requires, commencing no sooner than July 1, 2021, and on July 1 of each fiscal year thereafter, if an adjustment is determined to be necessary, that the employer and employee contribution percentages be increased to maintain a 50% cost sharing of actuarially determined normal costs, as specified.This bill would suspend the employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 and 2021–22 fiscal years, and would not permit that contribution amount to be withheld from employees’ salaries during a specified timeframe.PEMHCA requires employees in State Bargaining Unit 19 to make contributions to prefund retiree health care and the state to make a matching contribution, with that rate for the total employee contribution being 3% of pensionable compensation effective July 1, 2019.This bill would suspend the above employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 and 2021–22 fiscal years, and would not permit that contribution amount to be withheld from employees’ salaries during a specified timeframe.PEMHCA requires employees in State Bargaining Unit 16 to make contributions to prefund retiree health care and the state to make a matching contribution, with that rate for the total employee contribution being set at 1.4% effective July 1, 2018.This bill would suspend the above employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 and 2021–22 fiscal years, and would not permit that contribution amount to be withheld from employees’ salaries during a specified timeframe.PEMHCA requires employees in State Bargaining Unit 5 to make contributions to prefund retiree health care and the state to make a matching contribution. The act further requires, after July 1, 2020, the employer and employee contributions to be adjusted based on actuarially determined total normal costs. The act requires, commencing July 1, 2021, and July 1 of each fiscal year thereafter, that if the adjustment is necessary, the employer and employee contribution percentages be increased or decreased to maintain a 50% cost sharing of actuarially determined normal costs, as specified.This bill would suspend the above employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 and 2021–22 fiscal years, and would not permit that contribution amount to be withheld from employees’ salaries during a specified timeframe. The bill would provide that, effective July 1, 2022, if the Director of Finance does not restore the state and employee share of other postemployment benefits, the employer and employee contributions shall be restored and the parties shall incorporate the 3.5% employee share of pensionable compensation into a specified salary survey. The bill would also provide that if projected state revenues continue to be insufficient to fully fund existing statutory and constitutional obligations, and the above postemployment benefit contributions, the employees’ and employer’s other postemployment benefit contributions and the inclusion of the 3.4% employee share shall become effective on July 1, 2023. The bill would grant sole discretion to the Department of Finance to determine funding availability under this provision.This bill, upon the other postemployment benefits being restored for employees in State Bargaining Unit 5, as described above, would then require those employees and the state to make contributions based on a specified schedule, which, effective July 1, 2022, or July 1, 2023, would require employees to contribute 1.1% and the employer to contribute 5.7% of pensionable compensation for a total of 6.8% pensionable compensation. The bill would also adjust these rates for future years, as specified.The bill would appropriate the sum of $5,913,000 for Bargaining Units 2, 5, 7, 8, 10, 12, 13, 16, and 19 for expenditure in augmentation of, and for the purpose of, state employee compensation, in accordance with a specified schedule.This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

 

 

AB 462

(Rodriguez D)   Asset management: emerging managers.

 

Current Text: Amended: 5/21/2019  html   pdf

 

Introduced: 2/11/2019

 

Last Amend: 5/21/2019

 

Status: 5/21/2019-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

 

Location: 4/23/2019-S. RLS.

 

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 Public Employees’ Retirement Law creates the Public Employees’ Retirement Fund for the benefit of the members and retired members of this retirement system and their survivors and beneficiaries. The Board of Administration of the Public Employees’ Retirement System (PERS) has the exclusive control of the administration and investment of the retirement fund.The Teachers’ Retirement Law establishes the State Teachers’ Retirement System (STRS) for the benefit of teachers and other persons employed in connection with the schools of this state. STRS is administered by the Teachers’ Retirement Board. This bill would require the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board to each provide a report to the Legislature, commencing March 1, 2021, and annually thereafter, on the status of achieving appropriate objectives and initiatives, to be defined by the boards, regarding participation of emerging managers responsible for asset management within each system’s portfolio of investments. The bill would require that the report be based on contracts that the system enters into on and after January 1, 2020, and be based on information from the prior fiscal year. The bill would require each report to include certain elements and would require the boards to define emerging manager for purposes of these provisions.

 

 

AB 2101

(Committee on Public Employment and Retirement)   Public employees’ retirement.

 

Current Text: Amended: 8/7/2020  html   pdf

 

Introduced: 2/6/2020

 

Last Amend: 8/7/2020

 

Status: 8/20/2020-From committee: Do pass. (Ayes 7. Noes 0.) (August 20). Read second time. Ordered to third reading.

 

Location: 8/20/2020-S. THIRD READING

 

Calendar: 8/24/2020  #214  SENATE ASSEMBLY BILLS - THIRD READING FILE

 

Summary: (1)Existing law, the Teachers’ Retirement Law, establishes the State Teachers’ Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers’ Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. STRS is administered by the Teachers’ Retirement Board. The Defined Benefit Program is funded by employer and employee contributions, as well as investment returns and state appropriations, which are deposited or credited to the Teachers’ Retirement Fund.This bill would remove the requirement that the election be filed with the other public retirement system, and would instead require the employer to retain a copy of the election form.This bill contains other related provisions and other existing laws.

 

 

AB 2967

(O'Donnell D)   Public Employees’ Retirement System: contracting agencies: exclusion from membership.

 

Current Text: Amended: 7/28/2020  html   pdf

 

Introduced: 2/21/2020

 

Last Amend: 7/28/2020

 

Status: 8/18/2020-Read second time. Ordered to third reading.

 

Location: 8/18/2020-S. THIRD READING

 

Calendar: 8/24/2020  #144  SENATE ASSEMBLY BILLS - THIRD READING FILE

 

Summary: Existing law, the Public Employees’ Retirement Law (PERL), establishes the Public Employees’ Retirement System (PERS), which provides a defined benefit to members of the system, based on final compensation, credited service, and age at retirement, subject to certain variations. PERS is administered by the Board of Administration of the Public Employees’ Retirement System.This bill would delete provisions of PERL that generally authorize a public agency contracting with PERS to make all or part of its employees members of the system. The bill would generally prohibit exclusions of groups of employees from being made by amendment of a public agency contract with PERS, except as provided. The bill would apply these provisions to contracts entered into, amended, or extended on and after January 1, 2021.This bill contains other existing laws.

 

 

ACA 2

(Nazarian D)   State tax agency.

 

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

 

Introduced: 12/3/2018

 

Status: 5/24/2019-Referred to Com. on REV. & TAX.

 

Location: 5/24/2019-A. REV. & TAX

 

Summary: The California Constitution establishes the State Board of Equalization, consisting of the Controller and 4 other members elected from districts, and provides for the election, recall, impeachment, filling of vacancies, and salaries and benefits of those board members elected from districts. The California Constitution vests the board with various powers, duties, and responsibilities related to the administration of taxes imposed on property, insurance, and alcoholic beverages.This measure would abolish the State Board of Equalization and instead require the Legislature to create a state tax agency by statute for purposes of carrying out those powers, duties, and responsibilities previously vested in the State Board of Equalization by the California Constitution and by statute. The bill would authorize the Legislature to vest all powers, duties, and responsibilities in a single state tax agency or separately in multiple state tax agencies. The measure would deem the California Department of Tax and Fee Administration and the office of Tax Appeals to be state tax agencies for purposes of these provisions and vest in those entities specified powers, duties and responsibilities currently vested in the State Board of Equalization. The measure would make conforming changes by deleting various references to the State Board of Equalization throughout the California Constitution, including in those provisions regarding the election, recall, impeachment, filling of vacancies, and salaries and benefits of members of the board, and make other nonsubstantive changes.

 

 

ACA 24

(Low D)   Legislature: benefits and retirement.

 

Current Text: Introduced: 2/21/2020  html   pdf

 

Introduced: 2/21/2020

 

Status: 2/24/2020-Read first time.

 

Location: 2/21/2020-A. PRINT

 

Summary: (1) The California Constitution directs the California Citizens Compensation Commission to establish and adjust the salary and benefits for state officers, including Members of the Legislature. This measure would remove the commission’s authority to establish and adjust the benefits of Members of the Legislature first elected to the Legislature for terms commencing on or after December 7, 2020, and would instead require that the total monetary value of the medical, dental, insurance, and other similar benefits for a Member of the Legislature who is first elected to the Legislature for a term commencing on or after December 7, 2020, be equal to the total monetary value of those benefits provided to a full-time employee of the house in which the Member serves. This bill contains other related provisions and other existing laws.

 

 

SB 1173

(Durazo D)   Public employment: labor relations: employee information.

 

Current Text: Amended: 8/24/2020  html   pdf

 

Introduced: 2/20/2020

 

Last Amend: 8/24/2020

 

Status: 8/20/2020-From committee: Do pass as amended. (Ayes 11. Noes 7.) (August 20). (Text Published 8/21/2020)

 

Location: 8/11/2020-A. SECOND READING

 

Calendar: 8/24/2020  #58  ASSEMBLY SECOND READING FILE -- SENATE BILLS

 

Summary: Existing law, including the Meyers-Milias-Brown Act, the Ralph C. Dills Act, the Trial Court Employment Protection and Governance Act, the Trial Court Interpreter Employment and Labor Relations Act, and the Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act, provisions commonly referred to as the Educational Employment Relations Act, and the Higher Education Employer-Employee Relations Act, among others, regulates the labor relations of the state, the courts, and specified local public agencies and their employees. Existing law requires these public employers to provide certain labor representatives with the names and home addresses of newly hired employees, as well as their job titles, departments, work locations, telephone numbers, and personal email addresses, within 30 days of hire or by the first pay period of the month following hire. Existing law also requires the public employers to provide this information for all employees in a bargaining unit at least every 120 days, except as specified. This bill, beginning on July 1, 2021, would generally authorize an exclusive representative to file a charge of an unfair labor practice with the Public Employment Relations Board, as specified, alleging a violation of the above-described requirements. The bill would condition this authorization on the exclusive representative giving written notice, as specified, to the public employer, or the public employer’s designated representative, of the alleged violation and would provide a public employer a limited opportunity to cure certain violations. The bill would subject a violator to a penalty, not to exceed $10,000, to be determined by the board based on specified criteria, and would require the penalty to be deposited in the General Fund. The bill would require the board to award a party who prevails in these circumstances specified attorney’s fees and costs.

 

Total Measures: 12

Total Tracking Forms: 12