AB 151: State employment: State Bargaining Unit 6 agreement.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-08-28
Current Status:
Failed
(2023-09-13: Re-referred to Com. on B. & F.R.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
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 have elapsed since the memorandum was received by the Legislative Analyst.
This bill, notwithstanding the above-described statutory provisions, would approve provisions of the memorandum of understanding entered into by the state employer and State Bargaining Unit 6. The bill would provide that the provisions of the memorandum of understanding described above 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 State Bargaining Unit 6 to reopen negotiations if funds for these provisions are not specifically appropriated by the Legislature. The bill would require the provisions of the agreement 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.
Existing law, for the 202324 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 of 2023 is not enacted by July 1, 2023. Existing law includes within these continuous appropriation provisions a memorandum of understanding for State Bargaining Unit 6, effective July 3, 2020, to July 2, 2023.
This bill would instead include the memorandum of understanding for State Bargaining Unit 6 that is effective July 3, 2023, to July 2, 2025.
Existing law, for the 202425 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 and compensation and employee benefits to state employees covered by specified memoranda of understanding if the Budget Act of 2024 is not enacted by July 1, 2024. Existing law includes within these continuous appropriation provisions a memorandum of understanding for State Bargaining Unit 6, effective July 3, 2020, to July 2, 2023.
This bill would instead include the memorandum of understanding for State Bargaining Unit 6 that is effective July 3, 2023, to June 2, 2025, inclusive.
Existing law, for the 202526 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 of 2025 is not enacted by July 1, 2025. Existing law includes within these provisions a memorandum of understanding for State Bargaining Unit 6, effective July 3, 2020, to July 2, 2023.
This bill would instead include the memorandum of understanding for State Bargaining Unit 6 that is effective July 3, 2023, to June 2, 2025, inclusive.
The bill would appropriate the sum of $296,891,000 for State Bargaining Unit 6 for expenditure in the 202324 fiscal year in augmentation of, and for the purpose of, state employee compensation as provided in the Budget Act of 2023.
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 incorporate additional changes to Sections 19829.9851, 19829.9852, and 19829.9853 of the Government Code proposed by AB 148, SB 148, or both, to be operative only if this bill and either AB 148, SB 148, or both are enacted and this bill is enacted last.
This bill would express the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2023.This bill would express the intent of the Legislature to enact statutory changes changes, relating to the Budget Act of 2023.
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2023.
The Legislature finds and declares that the purpose of this act is to approve the agreements and make conforming statutory changes for the agreements entered into by the state employer and State Bargaining Unit 6 pursuant to Section 3517.5 of the Government Code.
SEC. 2.Notwithstanding Section 19829.5 of the Government Code, the provisions of the memorandum of understanding prepared pursuant to Section 3517.5 of the Government Code and entered into by the state employer and State Bargaining Unit 6, dated August 19, 2023, that require the expenditure of funds, are hereby approved for the purposes of Section 3517.61 of the Government Code.
SEC. 3.The provisions of the memorandum of understanding approved in Section 2 of this act 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 Unit 6 may reopen negotiations on all or part of the memorandum of understanding.
SEC. 4.Notwithstanding Section 3517.61 of the Government Code, the provisions of the memorandum of understanding included in Section 2 of this act that require the expenditure of funds shall become effective even if the provisions of the memorandum of understanding are approved by the Legislature in legislation other than the annual Budget Act.
SEC. 5.Section 19829.9851 of the Government Code is amended to read:19829.9851.(a)Notwithstanding Section 13340, for the 202324 fiscal year, if the Budget Act of 2023 is not enacted by July 1, 2023, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), and State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2023 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2023, of the 202324 fiscal year and the enactment of the Budget Act of 2023.
(b)If the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), and State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment.
(c)Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2023, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2023 for each affected department.
(d)This section shall only apply to an employee covered by the terms of the State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), and State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), memorandum of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 5 expires on July 3, 2024, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2023, 2025, the memorandum of understanding for State Bargaining Unit 8 expires on June 30, 2024, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 16 expires on July 1, 2023, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025, and the memorandum of understanding for State Bargaining Unit 19 expires on July 1, 2023.
SEC. 5.5.Section 19829.9851 of the Government Code is amended to read:19829.9851.(a)Notwithstanding Section 13340, for the 202324 fiscal year, if the Budget Act of 2023 is not enacted by July 1, 2023, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, July 1, 2023, to July 2, 2025, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), and State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2023 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2023, of the 202324 fiscal year and the enactment of the Budget Act of 2023.
(b)If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), and State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment.
(c)Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2023, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2023 for each affected department.
(d)This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026,) State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), and State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), memorandum (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and the State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum memoranda of understanding has have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 5 expires on July 3, 2024, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2023, 2025, the memorandum of understanding for State Bargaining Unit 8 expires on June 30, 2024, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 16 expires on July 1, 2023, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025, and the memorandum of understanding for State Bargaining Unit 19 expires on July 1, 2023. June 30, 2025, the memorandum of understanding for State Bargaining Unit 20 expires June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026.
SEC. 6.Section 19829.9852 of the Government Code is amended to read:19829.9852.(a)Notwithstanding Section 13340, for the 202425 fiscal year, if the Budget Act of 2024 is not enacted by July 1, 2024, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), and State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2024 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2024, of the 202425 fiscal year and the enactment of the Budget Act of 2024.
(b)If the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), and State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment.
(c)Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2024, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2024 for each affected department.
(d)This section shall only apply to an employee covered by the terms of the State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), and State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 5 expires on July 3, 2024, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2025, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2025, and the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025.
SEC. 6.5.Section 19829.9852 of the Government Code is amended to read:19829.9852.(a)Notwithstanding Section 13340, for the 202425 fiscal year, if the Budget Act of 2024 is not enacted by July 1, 2024, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023 to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), and State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023 to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026 inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2024 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2024, of the 202425 fiscal year and the enactment of the Budget Act of 2024.
(b)If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), and State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment.
(c)Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2024, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2024 for each affected department.
(d)This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), and State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive) inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum memoranda of understanding has have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 5 expires on July 3, 2024, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2025, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2025, and the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025. 2025, the memorandum of understanding for State Bargaining Unit 19 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 20 expires June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026.
SEC. 7.Section 19829.9853 of the Government Code is amended to read:19829.9853.(a)Notwithstanding Section 13340, for the 202526 fiscal year, if the Budget Act of 2025 is not enacted by July 1, 2025, for the memorandum memoranda of understanding entered into between the state employer and State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive) and State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2025 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memorandum of understanding for work performed between July 1, 2025, of the 202526 fiscal year and the enactment of the Budget Act of 2025.
(b)If the memorandum memoranda of understanding entered into between the state employer and State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive) and State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive) is are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memorandum memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment.
(c)Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2025, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2025 for each affected department.
(d)This section shall only apply to an employee covered by the terms of the State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), and State Bargaining Unit 18 memorandum of understanding (effective July 1, 2022, to July 1, 2025). 2025) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2025, and the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025.
SEC. 7.5.Section 19829.9853 of the Government Code is amended to read:19829.9853.(a)Notwithstanding Section 13340, for the 202526 fiscal year, if the Budget Act of 2025 is not enacted by July 1, 2025, for the memorandum memoranda of understanding entered into between the state employer and and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2025 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memorandum of understanding for work performed between July 1, 2025, of the 202526 fiscal year and the enactment of the Budget Act of 2025.
(b)If the memorandum memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive) is inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memorandum memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment.
(c)Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2025, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2025 for each affected department.
(d)This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 memorandum of understanding (effective July 1, 2022, to July 1, 2025). 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum memoranda of understanding has have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2025, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025. 2025, the memorandum of understanding for State Bargaining Unit 20 expires on June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026.
SEC. 8.(a)Section 5.5 of this bill incorporates amendments to Section 19829.9851 of the Government Code proposed by this bill, Assembly Bill 148, and Senate Bill 148. That section of this bill shall only become operative if (1) both this bill and either AB 148 or SB 148, or both, are enacted and become effective on or before January 1, 2024, (2) this bill and either AB 148 or SB 148, or both, amend Section 19829.9851 of the Government Code, and (3) this bill is enacted after Assembly Bill 148 or Senate Bill 148, or both, in which case Section 5 of this bill shall not become operative.
(b)Section 6.5 of this bill incorporates amendments to Section 19829.9852 of the Government Code proposed by this bill, Assembly Bill 148, and Senate Bill 148. That section of this bill shall only become operative if (1) both this bill and either AB 148 or SB 148, or both, are enacted and become effective on or before January 1, 2024, (2) this bill and either AB 148 or SB 148, or both, amend Section 19829.9852 of the Government Code, and (3) this bill is enacted after Assembly Bill 148 or Senate Bill 148, or both, in which case Section 6 of this bill shall not become operative.
(c)Section 7.5 of this bill incorporates amendments to Section 19829.9853 of the Government Code proposed by this bill, Assembly Bill 148, and Senate Bill 148. That section of this bill shall only become operative if (1) both this bill and either AB 148 or SB 148, or both, are enacted and become effective on or before January 1, 2024, (2) this bill and either AB 148 or SB 148, or both, amend Section 19829.9853 of the Government Code, and (3) this bill is enacted after Assembly Bill 148 or Senate Bill 148, or both, in which case Section 7 of this bill shall not become operative.
SEC. 9.The sum of two hundred ninety-six million eight hundred ninety-one thousand dollars ($296,891,000) is hereby appropriated for State Bargaining Unit 6 and employees excluded from collective bargaining for expenditure in the 202324 fiscal year in augmentation of, for the purpose of, state employee compensation, as provided in Item 9800-001-0001 of Section 2.00 of the Budget Act of 2023.
SEC. 10.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 2023.It is the intent of the Legislature to enact statutory changes changes, relating to the Budget Act of 2023.
It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2023.
|
Date
|
Status
|
|---|---|
| Sep 13, 2023 | Re-referred to Com. on B. & F.R. |
| Aug 31, 2023 | Read second time. Ordered to third reading. |
| Aug 30, 2023 | From committee: Do pass. (Ayes 10. Noes 2.) (August 30). |
| Aug 28, 2023 | 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. |
| Apr 12, 2023 | Referred to Com. on B. & F.R. |
| Mar 23, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Mar 23, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 14. Page 854.) |
| Mar 21, 2023 | Read second time. Ordered to third reading. |
| Mar 20, 2023 | Assembly Rule 96 suspended. (Ayes 61. Noes 17. Page 732.) |
| Mar 20, 2023 | Ordered to second reading. |
| Mar 20, 2023 | Withdrawn from committee. |
| Feb 2, 2023 | Re-referred to Com. on BUDGET. |
| Feb 1, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on BUDGET. Read second time and amended. |
| Jan 26, 2023 | Referred to Com. on BUDGET. |
| Jan 10, 2023 | From printer. May be heard in committee February 9. |
| Jan 9, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2023 | Do pass | Senate Standing Committee on Budget and Fiscal Review |
Passed |
|
| Mar 23, 2023 | AB 151 Budget Assembly Third Reading By TING | Assembly Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 151 |
THIRD READING
Bill No: AB 151
Author: Committee on Budget
Amended: 8/28/23 in Senate
Vote: 21 - Urgency
SENATE BUDGET & FISCAL REVIEW COMMITTEE: 10-2, 8/30/23
AYES: Skinner, Becker, Dahle, Durazo, Grove, Laird, McGuire, Min, Newman, Roth
NOES: Eggman, Menjivar
NO VOTE RECORDED: Niello, Caballero, Ochoa Bogh, Padilla, Seyarto, Smallwood-Cuevas
ASSEMBLY FLOOR: Not relevant
SUBJECT: State employment: State Bargaining Unit 6 agreement
SOURCE: Author
DIGEST:
This bill makes necessary statutory changes to ratify and implement a memorandum of understanding (MOU) between the state and Bargaining Unit (BU) 6.
ANALYSIS: This bill makes necessary statutory changes to ratify and implement a MOU between the state and Bargaining Unit BU 6 (Correctional Peace Officers). The agreement covers state employees represented by the California Correctional Peace Officers Association (CCPOA).
Existing law:
- Establishes the Ralph C. Dills Act, which requires the state to collectively bargain with the exclusive representatives of employee groups (i.e., bargaining units) - regarding wages and working conditions, and to define negotiated agreements in MOUs.
- Establishes the California Department of Human Resources (CalHR) as the official representative of the Governor in all matters related to collective bargaining with state employees.
- Requires that any MOU between the state and an exclusive representative be ratified by the Legislature.
- Establishes the California Public Employees' Retirement System (CalPERS), which administers health and retirement benefits for state employees.
- Requires the Legislative Analyst's Office (LAO) to analyze all state MOUs and to provide analysis of an MOU and its fiscal impact to the Legislature within 10 days of receipt of an MOU from CalHR.
- Provides that fully vested state retirees (e.g., with 20 or more years of state employment or with 25 years or more, depending on the bargaining unit) are entitled to an employer contribution for retiree health care equal to 80 or 100 percent of the weighted average premium of the four health plans most highly utilized by all members. Depending on the bargaining unit, dependents are eligible for a contribution based on 80 or 90 percent of the average additional premiums paid for dependents during the benefit year in which the formula is applied. These are referred to as the 80/80 and 100/90 formulas.
- Requires that Medicare-eligible retirees enroll in Medicare and choose a Medicare-coordinated health plan.
- Provides that the employer contribution for active state employee health care shall be determined through collective bargaining.
This bill ratifies an MOU entered into on August 19, 2023, between the state and BU 6, represented by the California Correctional Peace Officers Association. Includes provisions to take effect immediately. The MOU agreement is as follows:
Compensation
General Salary Increases (GSI)
- Effective July 1, 2023, retroactively, all BU 6 classifications shall receive a GSI of three percent.
- Effective July 1, 2024, all BU 6 classifications shall receive a GSI of three percent.
Retention Differential for Hard-to-Keep/Fill Institutions
- Effective the first day of the pay period following ratification by both parties, new and current BU 6 employees who work at Salinas Valley State Prison, California State Prison, Sacramento, or R.J. Donovan will be eligible to accrue a $10,000 retention differential, payable in two payments during the term of the MOU. For the first payment, BU 6 employees shall receive $416.66 for each qualifying pay period worked between July 2023 and June 2024, to be paid in a single lump sum on July 1, 2024. For the second payment, BU 6 employees shall receive $416.66 for each qualifying pay period worked between July 2024 through June 2025, to be paid in a single lump sum on July 1, 2025.
Employer Contributions to Savings Plus
- Effective with the November 2024 pay period, the state shall make a one-time contribution in the amount of $475 to a Savings Plus 401(k) plan on behalf of all permanent full-time employees in the bargaining unit who are active as of November 1, 2024. Effective with the January 2025 pay period, the state shall make a monthly contribution equivalent to one percent of the employee’s monthly base salary to a Savings Plus 401(k) plan on behalf of all permanent full-time employees in the bargaining unit.
Mental Health and Wellness Differential
- Effective the first day of the pay period following ratification by both parties, BU 6 employees will receive two one-time payments of $1,200 to be paid once in November 2023 and once in November 2024 for employees to support their health and well-being. To be eligible for this mental health and wellness differential, employees must be on pay status as of November 1, 2023, and November 1, 2024.
Location Incentive Bonus
- Effective the first day of the pay period following ratification by both parties, cadets who accept/choose to work at one of the 13 eligible institutions listed below will be eligible to receive a $5,000 location incentive bonus, payable in two payments, upon graduation from the academy and reporting to the institution if the following applies:
- The institution they accept/choose is 50 or more miles away from their current home address; and,
- They are required to move their home address.
The first payment of $2,500 will be provided upon graduation from the academy and the second payment of $2,500 will be provided within 30 calendar days upon reporting to the institution.
Eligible Institutions include:
Salinas Valley State Prison (SVSP)
California State Prison, Sacramento (SAC)
R.J. Donovan Correctional Facility (RJD)
Kern Valley State Prison (KVSP)
California Health Care Facility (CHCF)
Pelican Bay State Prison (PBSB)
High Desert State Prison (HDSP)
San Quentin State Prison (SQ)
Substance Abuse Treatment Facility and State Prison, Corcoran (SATF) California State Prison, Los Angeles County (LAC)
California State Prison, Corcoran (COR)
Correctional Training Facility (CTF)
California Medical Facility (CMF)
Class B Driver’s License
- Effective the first day of the pay period following ratification by both parties, an employee who is required by their Hiring Authority to obtain, maintain, and utilize a Commercial Driver’s License (CDL) as part of their duties shall receive a $200 per month CDL pay differential.
Cash Out of Vacation/Annual Leave
- All BU 6 employees shall be eligible for a one-time cash out of up to 80 hours of compensable leave (compensable leave does not include sick leave) in 2023.
Commute Program
- Effective the first day of the pay period following ratification by both parties, employees working in areas served by mass transit will be eligible for a 100 percent discount on public transit passes up to the exclusion amount provided by the Internal Revenue Service.
- Effective the first day of the pay period following ratification by both parties, employees riding in vanpools or driving vanpools will be eligible for a 100 percent reimbursement of the monthly fee up to the exclusion amount provided by the Internal Revenue Service.
Bilingual Differential Pay
- Effective the first day of the pay period following ratification by both parties, the bilingual pay differential will increase from $100 to $200 per month.
Night Shift/Weekend Differential
- Effective the first day of the pay period following ratification by both parties, the night shift pay differential shall increase from $1.50 per hour to $2.50 per hour for work shifts that fall between 1800 and 0600.
- Effective the first day of the pay period following ratification by both parties, the weekend pay differential shall increase from $1.50 per hour to $2.50 per hour.
Education Incentive Pay
- Effective the first day of the pay period following ratification by both parties, Parole Services Associates (PSA) who have attained either an Associate of Arts degree from an accredited college or university, 60 semester units from an accredited college or university or the equivalent quarter units, or a Bachelor’s Degree or higher from an accredited college or university, will receive an additional $100, or the equivalent of 2.2% of the top step of their salary range, per qualifying pay period.
Health Benefits
Health, Dental, Vision
- The State’s monthly health benefit contribution for each employee shall continue to be a flat dollar amount equal to 80 percent of the weighted average of the basic health benefit plan premiums of the four largest enrolled basic health plans. The flat dollar amounts shall be increased or decreased as appropriate pursuant to the formula on January 1, 2024, and January 1, 2025.
Miscellaneous Benefits
California State Payroll System Project
- The parties shall, upon notice, reopen pertinent contract sections needed to implement changes required by the California State Payroll System Project.
Video Recordings
- Language is added to allow employees to view body worn camera recordings before investigative interviews are conducted.
Bereavement Leave
- Language added to incorporate statutory requirements expanding bereavement leave to five unpaid days.
- Clarifies a workday is eight hours.
Union Leave
- Increases union reimbursement rates payable to the State for authorized Union Leave as follows:
- January 1, 2024, increase from 132% to 153% of base pay.
- January 1, 2025, increase from 153% to the actual total expenses related to the affected employee’s salary and benefits, equal to 174.25% of base salary.
Holidays
- Language added to include four recognized unpaid holidays.
Duration
- July 3, 2023, through July 2, 2025.
Fiscal
- Fiscal Year 2023-24: $230.8 million General Fund.
This bill includes a notwithstanding clause from Government Code Section 19829.5, which requires the Legislative Analyst to prepare a fiscal analysis within ten days of receiving any tentative agreement from the Department of Human Resources, prior to the final legislative ratification of an MOU.
This bill includes chaptering out amendments to ensure that if AB 148 and AB 151 are both signed, both measures will take effect.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No
According to the Senate Budget and Fiscal Review Committee, this bill appropriates $296,891,000 General Fund to implement the MOU described above.
SUPPORT: (Verified 8/31/23)
None received
OPPOSITION: (Verified 8/31/23)
None received
Prepared by: Hans Hemann / B. & F.R. / (916) 651-4103
8/31/23 16:16:56
**** END ****
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Senator Nancy Skinner, Chair
2023 - 2024 Regular
Bill No: AB 151 Hearing Date: August 30, 2023
Author: | |||
Version: | August 28, 2023 As amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Hans Hemann | ||
Subject: State employment: State Bargaining Unit 6 agreement
Summary:
Makes necessary statutory changes to ratify and implement a memorandum of understanding (MOU) between the state and Bargaining Unit (BU) 6. The agreement covers state employees represented by:
California Correctional Peace Officers Association (CCPOA)
- Bargaining Unit 6: Correctional Peace Officers
Existing Law:
- Establishes the Ralph C. Dills Act, which requires the state to collectively bargain with the exclusive representatives of employee groups (i.e., bargaining units) - regarding wages and working conditions, and to define negotiated agreements in MOUs.
- Establishes the California Department of Human Resources (CalHR) as the official representative of the Governor in all matters related to collective bargaining with state employees.
- Requires that any MOU between the state and an exclusive representative be ratified by the Legislature.
- Establishes the California Public Employees' Retirement System (CalPERS), which administers health and retirement benefits for state employees.
- Requires the Legislative Analyst's Office (LAO) to analyze all state MOUs and to provide analysis of an MOU and its fiscal impact to the Legislature within 10 days of receipt of an MOU from CalHR.
- Provides that fully vested state retirees (e.g., with 20 or more years of state employment or with 25 years or more, depending on the bargaining unit) are entitled to an employer contribution for retiree health care equal to 80 or 100 percent of the weighted average premium of the four health plans most highly utilized by all members. Depending on the bargaining unit, dependents are eligible for a contribution based on 80 or 90 percent of the average additional premiums paid for dependents during the benefit year in which the formula is applied. These are referred to as the 80/80 and 100/90 formulas.
- Requires that Medicare-eligible retirees enroll in Medicare and choose a Medicare-coordinated health plan.
- Provides that the employer contribution for active state employee health care shall be determined through collective bargaining.
Proposed Law:
This bill ratifies an MOU entered into on August 19, 2023 between the state and BU 6, represented by the California Correctional Peace Officers Association. Includes provisions to take effect immediately. The MOU agreement is as follows:
Compensation
General Salary Increases (GSI)
- Effective July 1, 2023, retroactively, all BU 6 classifications shall receive a GSI of 3 percent (3%).
- Effective July 1, 2024, all BU 6 classifications shall receive a GSI of 3 percent (3%).
Retention Differential for Hard-to-Keep/Fill Institutions
- Effective the first day of the pay period following ratification by both parties, new and current BU 6 employees who work at Salinas Valley State Prison, California State Prison, Sacramento, or R.J. Donovan will be eligible to accrue a $10,000 retention differential, payable in two (2) payments during the term of the MOU. For the first payment, BU 6 employees shall receive $416.66 for each qualifying pay period worked between July 2023 and June 2024, to be paid in a single lump sum on July 1, 2024. For the second payment, BU 6 employees shall receive $416.66 for each qualifying pay period worked between July 2024 through June 2025, to be paid in a single lump sum on July 1, 2025.
Employer Contributions to Savings Plus
- Effective with the November 2024 pay period, the state shall make a one-time contribution in the amount of $475 to a Savings Plus 401(k) plan on behalf of all permanent full-time employees in the bargaining unit who are active as of November 1, 2024. Effective with the January 2025 pay period, the state shall make a monthly contribution equivalent to one percent (1%) of the employee’s monthly base salary to a Savings Plus 401(k) plan on behalf of all permanent full-time employees in the bargaining unit.
Mental Health and Wellness Differential
- Effective the first day of the pay period following ratification by both parties, BU 6 employees will receive two (2) one-time payments of $1,200 to be paid once in November 2023 and once in November 2024 for employees to support their health and well-being. To be eligible for this mental health and wellness differential, employees must be on pay status as of November 1, 2023, and November 1, 2024.
Location Incentive Bonus
- Effective the first day of the pay period following ratification by both parties, cadets who accept/choose to work at one of the 13 eligible institutions listed below will be eligible to receive a $5,000 location incentive bonus, payable in two (2) payments, upon graduation from the academy and reporting to the institution if the following applies:
- The institution they accept/choose is 50 or more miles away from their current home address; and,
- They are required to move their home address.
The first payment of $2,500 will be provided upon graduation from the academy and the second payment of $2,500 will be provided within thirty (30) calendar days upon reporting to the institution.
Eligible Institutions include:
Salinas Valley State Prison (SVSP)
California State Prison, Sacramento (SAC)
R.J. Donovan Correctional Facility (RJD)
Kern Valley State Prison (KVSP)
California Health Care Facility (CHCF)
Pelican Bay State Prison (PBSB)
High Desert State Prison (HDSP)
San Quentin State Prison (SQ)
Substance Abuse Treatment Facility and State Prison, Corcoran (SATF) California State Prison, Los Angeles County (LAC)
California State Prison, Corcoran (COR)
Correctional Training Facility (CTF)
California Medical Facility (CMF)
Class B Driver’s License
- Effective the first day of the pay period following ratification by both parties, an employee who is required by their Hiring Authority to obtain, maintain, and utilize a Commercial Driver’s License (CDL) as part of their duties shall receive a $200 per month CDL pay differential.
Cash Out of Vacation/Annual Leave
- All BU 6 employees shall be eligible for a one-time cash out of up to eighty (80) hours of compensable leave (compensable leave does not include sick leave) in 2023.
Commute Program
- Effective the first day of the pay period following ratification by both parties, employees working in areas served by mass transit will be eligible for a 100 percent (100%) discount on public transit passes up to the exclusion amount provided by the Internal Revenue Service.
- Effective the first day of the pay period following ratification by both parties, employees riding in vanpools or driving vanpools will be eligible for a 100 percent (100%) reimbursement of the monthly fee up to the exclusion amount provided by the Internal Revenue Service.
Bilingual Differential Pay
- Effective the first day of the pay period following ratification by both parties, the bilingual pay differential will increase from $100 to $200 per month.
Night Shift/Weekend Differential
- Effective the first day of the pay period following ratification by both parties, the night shift pay differential shall increase from $1.50 per hour to $2.50 per hour for work shifts that fall between 1800 and 0600.
- Effective the first day of the pay period following ratification by both parties, the weekend pay differential shall increase from $1.50 per hour to $2.50 per hour.
Education Incentive Pay
- Effective the first day of the pay period following ratification by both parties, Parole Services Associates (PSA) who have attained either an Associate of Arts degree from an accredited college or university, sixty (60) semester units from an accredited college or university or the equivalent quarter units, or a Bachelor’s Degree or higher from an accredited college or university, will receive an additional $100, or the equivalent of two point two percent (2.2%) of the top step of their salary range, per qualifying pay period.
Health Benefits
Health, Dental, Vision
- The State’s monthly health benefit contribution for each employee shall continue to be a flat dollar amount equal to 80 percent (80%) of the weighted average of the basic health benefit plan premiums of the four largest enrolled basic health plans. The flat dollar amounts shall be increased or decreased as appropriate pursuant to the formula on January 1, 2024, and January 1, 2025.
Miscellaneous Benefits
California State Payroll System Project
- The parties shall, upon notice, reopen pertinent contract sections needed to implement changes required by the California State Payroll System Project.
Video Recordings
- Language is added to allow employees to view body worn camera recordings before investigative interviews are conducted.
Bereavement Leave
- Language added to incorporate statutory requirements expanding bereavement leave to five (5) unpaid days.
- Clarifies a workday is eight (8) hours.
Union Leave
- Increases union reimbursement rates payable to the State for authorized Union Leave as follows:
- January 1, 2024, increase from 132% to 153% of base pay.
- January 1, 2025, increase from 153% to the actual total expenses related to the affected employee’s salary and benefits, equal to 174.25% of base salary.
Holidays
- Language added to include four (4) recognized unpaid holidays.
Duration
- July 3, 2023, through July 2, 2025.
Fiscal
- Fiscal Year 2023-24: $230.8 million General Fund.
This measure includes a notwithstanding clause from Government Code Section 19829.5, which requires the Legislative Analyst to prepare a fiscal analysis within ten days of receiving any tentative agreement from the Department of Human Resources, prior to the final legislative ratification of an MOU
This measure includes chaptering out amendments to ensure that if AB 148 and AB 151 are both signed, both measures will take effect.
Fiscal Effect:
This bill appropriates $296,891,000 General Fund to implement the MOU described above.
Support:
None on file.
Opposed:
None on file.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 151
Author:(Committee on Budget)
As Amended Ver:February 1, 2023
Majority vote. Budget Bill Appropriation Takes Effect Immediately
SUMMARY
This bill expresses the intent of the Legislature to enact statutory changes relating to the Budget Act of 2023.
Major Provisions
COMMENTS
According to the Author
Arguments in Support
Arguments in Opposition
FISCAL COMMENTS
VOTES
UPDATED
VERSION: February 1, 2023
CONSULTANT: Christian Griffith / BUDGET / (916) 319-2099 FN: 0000085
Discussed in Hearing
Senate Standing Committee on Budget and Fiscal Review
Bill Author
Bill Co-Author(s):