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AB-129 State employment: State Bargaining Units 16 and 18: agreements.(2021-2022)

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Date Published: 06/24/2022 05:40 PM
AB129:v95#DOCUMENT

Amended  IN  Senate  June 24, 2022
Amended  IN  Senate  February 16, 2022
Amended  IN  Senate  June 25, 2021
Amended  IN  Assembly  February 17, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 129


Introduced by Assembly Member Ting Committee on Budget (Assembly Members Ting (Chair), Arambula, Bennett, Bloom, Carrillo, Cooper, Friedman, Cristina Garcia, Jones-Sawyer, Lee, McCarty, Medina, Mullin, Nazarian, O’Donnell, Ramos, Reyes, Luz Rivas, Blanca Rubio, Stone, Wicks, and Wood)

January 08, 2021


An act relating to the Budget Act of 2022. state employment, and making an appropriation therefor, to take effect immediately, bill related to the budget.


LEGISLATIVE COUNSEL'S DIGEST


AB 129, as amended, Committee on Budget. Budget Act of 2022. State employment: State Bargaining Units 16 and 18: agreements.
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 statutory provisions, would approve agreements entered into between the state employer and State Bargaining Units 16 and 18. The bill would provide that the provisions of the addenda 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 $14,002,000 for State Bargaining Units 16, 18, and all employees excluded from collective bargaining, for the purpose of state employee compensation, as provided in a specified item of the Budget Act of 2022.
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 2022.

Vote: MAJORITY   Appropriation: NOYES   Fiscal Committee: NOYES   Local Program: NO  

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 16 and 18 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 16, dated May 1, 2022 (California Correctional Health Care Services Retention and Recruitment Pay Differential), and State Bargaining Unit 18, dated May 3, 2022 (California Correctional Health Care Services Retention and Recruitment Pay Differential), and that requires 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 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 Units 16 and 18 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 of this act 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 fourteen million two thousand dollars ($14,002,000) is hereby appropriated for State Bargaining Units 16, 18, and all employees excluded from collective bargaining for the purpose of state employee compensation, as provided in Item 9800-001-0001 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 2022.