Bills

AB 212: State employment: State Bargaining Units 5, 6, 7, and 8: agreements.

Session Year: 2021-2022
House: Assembly
Latest Version Date: 2022-06-25

Version:

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.

Existing law requires the Department of Human Resources to provide a memorandum of understanding to the Legislative Analyst who then has 10 calendar days from the date the tentative agreement is received to issue a fiscal analysis to the Legislature. Existing law prohibits the memorandum of understanding from being subject to legislative determination until either the Legislative Analyst has presented a fiscal analysis of the memorandum of understanding or until 10 calendar days has elapsed since the memorandum was received by the Legislative Analyst.

This bill, notwithstanding the above statutory provisions, would approve provisions of agreements entered into between the state employer and State Bargaining Units 5, 6, 7, and 8. The bill would provide that the provisions of the addenda or memorandum of understanding that require the expenditure of funds will not take effect unless funds for these 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 these provisions are not specifically appropriated by the Legislature. The bill would require the provisions of the agreements that require the expenditure of funds to become effective even if the provisions are approved by the Legislature in legislation other than the annual Budget Act.

This bill would appropriate the sum of $79,403,000 for State Bargaining Units 5, 6, 7, 8, and all employees excluded from collective bargaining, for the purpose of state employee compensation, as provided in specified items of the Budget Act of 2022, 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.

This bill would express the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2021.

Version:

The people of the State of California do enact as follows:SECTION 1.

The Legislature finds and declares that the purpose of this act is to approve the agreements and make conforming changes for the agreements entered into by the state employer and State Bargaining Units 5, 6, 7, and 8 pursuant to Section 3517.5 of the Government Code.

SEC. 2.

Notwithstanding Section 19829.5 of the Government Code, the provisions of the addenda prepared pursuant to Section 3517.5 of the Government Code and entered into by the state employer and State Bargaining Unit 5, dated June 9, 2022 (Public Safety Recognition Payment), State Bargaining Unit 6, dated June 15, 2022 (Health Care Facility Retention Payment), State Bargaining Unit 7, dated June 15, 2022 (Public Safety Recognition Payment), State Bargaining Unit 8, dated June 23, 2022 (Public Safety Recognition Payment), and that require the expenditure of funds, are hereby approved for the purposes of Section 3517.6 of the Government Code.

SEC. 3.

The provisions of the addenda included in Section 2 that require the expenditure of funds shall not take effect unless funds for these provisions are specifically appropriated by the Legislature. If funds for these provisions are not specifically appropriated by the Legislature, either the state employer or State Bargaining Units 5, 6, 7, or 8 may reopen negotiations on the memorandum of understanding.

SEC. 4.

Notwithstanding Section 3517.6 of the Government Code, the provisions of the addenda included in Section 2 that require the expenditure of funds shall become effective even if the provisions of the addenda are approved by the Legislature in legislation other than the annual Budget Act.

SEC. 5.

The sum of seventy-nine million four hundred three thousand dollars ($79,403,000) is hereby appropriated for State Bargaining Units 5, 6, 7, 8, and all employees excluded from collective bargaining for the purpose of, state employee compensation, as provided in Items 9800-001-0001, 9800-001-0494, and 9800-001-0988 of Section 2.00 of the Budget Act of 2022, in accordance with the following schedule:

(a)Fifty-two million two hundred twenty-seven thousand dollars ($52,227,000) from the General Fund in augmentation of Item 9800-001-0001 of Section 2.00 of the Budget Act of 2022.

(b)Twenty million eight hundred ninety-one thousand dollars ($20,891,000) from unallocated special funds in augmentation of Item 9800-001-0494 of Section 2.00 of the Budget Act of 2022.

(c)Six million two hundred eighty-five thousand dollars ($6,285,000) from other unallocated nongovernmental cost funds in augmentation of Item 9800-001-0988 of Section 2.00 of the Budget Act of 2022.

SEC. 6.

This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.

SECTION 1.It is the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2021.

Date	Status
Aug 1, 2022	Re-referred to Com. on B. & F.R.
Jun 28, 2022	Read second time. Ordered to third reading.
Jun 27, 2022	From committee: Do pass. (Ayes 15. Noes 0.) (June 27).
Jun 25, 2022	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.
Mar 11, 2021	Referred to Com. on B. & F.R.
Feb 25, 2021	In Senate. Read first time. To Com. on RLS. for assignment.
Feb 25, 2021	Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 18. Page 517.)
Feb 23, 2021	Read second time. Ordered to third reading.
Feb 22, 2021	Re-referred to Com. on BUDGET.
Feb 18, 2021	From committee chair, with author's amendments: Amend, and re-refer to Com. on BUDGET. Read second time and amended.
Jan 28, 2021	Referred to Com. on BUDGET.
Jan 11, 2021	Read first time.
Jan 9, 2021	From printer. May be heard in committee February 9.
Jan 8, 2021	Introduced. To print.

Date	Description	Location	Votes
Feb 25, 2021	AB 212 BUDGET Assembly Third Reading By TING	Assembly Floor	56 18 6 Passed

Key

Pro

Against

Did Not Vote

Authors shown for version:
Amended Senate (6/25/2022)