BILL NUMBER: AB 606 CHAPTERED 09/27/01 CHAPTER 363 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2001 APPROVED BY GOVERNOR SEPTEMBER 27, 2001 PASSED THE ASSEMBLY SEPTEMBER 15, 2001 PASSED THE SENATE SEPTEMBER 14, 2001 AMENDED IN SENATE SEPTEMBER 14, 2001 INTRODUCED BY Assembly Member Negrete McLeod (Principal coauthor: Senator Machado) FEBRUARY 22, 2001 An act to add Sections 20677.3 and 20683.2 to the Government Code, and to amend Section 1808.4 of the Vehicle Code, relating to state employees, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 606, NegreteMcLeod. State employees: memorandum of understanding. Existing law provides that if any provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees requires the expenditure of funds, those provisions of the memorandum of understanding shall not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve provisions that require the expenditure of funds of a memorandum of understanding entered into between the state employer and State Bargaining Unit 7, the California Union of Safety Employees, and would provide that the provisions of any memorandum of understanding 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. This bill would provide that provisions of the memorandum of understanding approved by this bill that require the expenditure of funds shall not take effect unless funds for these provisions are specifically appropriated by the Legislature, and would provide that if funds for these provisions are not specifically appropriated by the Legislature, the state employer, and the affected employee organization shall meet and confer to renegotiate the affected provisions. Existing law prescribes contribution rates for state employees who are state miscellaneous, state industrial, or state safety members of the Public Employees' Retirement System. This bill would reduce the contribution rates by 21/2% during the period from August 31, 2001, to June 30, 2002, inclusive, and by an additional 21/2% during the period from July 1, 2002, to June 30, 2003, inclusive for state employees who are state miscellaneous, state industrial, and state safety members of the Public Employees' Retirement System in State Bargaining Units 7 and 8. Existing law provides that the home address of any of a list of state officers and employees that appears in any record of the Department of Motor Vehicles is confidential if requested by the officer or employee. This bill would add to that list state employees employed as Museum Security Officers and state employees in specified job classifications within the Department of Motor Vehicles and California Highway Patrol. The bill would also declare that it is to take effect immediately as an urgency statute. 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 an agreement pursuant to Section 3517 of the Government Code entered into by the state employer and a recognized employee organization. SEC. 2. 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 7, the California Union of Safety Employees, 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 memorandum of understanding approved by Section 2 of this act that are scheduled to take effect on or after July 1, 2001, and that require the expenditure of funds, shall not take effect unless funds for these provisions are specifically appropriated by the Legislature. In the event that funds for these provisions are not specifically appropriated by the Legislature, the state employer and the affected employee organization shall meet and confer to renegotiate the affected provisions. SEC. 4. Notwithstanding Section 3517.6 of the Government Code, the provisions of any memorandum of understanding 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 20677.3 is added to the Government Code, to read: 20677.3. (a) Notwithstanding any provisions of Section 20677 to the contrary, the normal rate of contribution for state miscellaneous and state industrial members in State Bargaining Units 7 and 8 shall be the rate specified in this section. (b) (1) Subject to the provisions of subdivision (f), for a member described in subdivision (a) whose service is not included in the federal system, the normal rate of contribution shall be 3.5 percent of the compensation in excess of three hundred seventeen dollars ($317) per month paid that member for service rendered during the period from August 31, 2001, to June 30, 2002, inclusive. (2) Subject to the provisions of subdivision (f), for a member described in subdivision (a) whose service is not included in the federal system, the normal rate of contribution shall be 1 percent of the compensation in excess of three hundred seventeen dollars ($317) per month paid that member for service rendered during the period from July 1, 2002, to June 30, 2003, inclusive. (3) Subject to the provisions of subdivision (f), for a member described in subdivision (a) whose service has been included in the federal system, the normal rate of contribution shall be 2.5 percent for the compensation in excess of five hundred thirteen dollars ($513) per month paid that member for service rendered during the period from August 31, 2001, to June 30, 2002, inclusive. (4) Subject to the provisions of subdivision (f), for member described in subdivision (a) whose service has been included in the federal system, the normal rate of contribution shall be 0 percent for the compensation in excess of five hundred thirteen dollars ($513) per month paid that member for service rendered during the period from July 1, 2002, to June 30, 2003, inclusive. (c) Subject to the provisions of subdivision (f) and notwithstanding any provisions of Section 21073.3, a member who elects to become subject to the benefits prescribed in Section 21354.1 and who is subject to this section shall be subject to the normal rate of contribution set forth in this section as of the first day of the month following the date the election is described by the system and shall be applicable to state serviced rendered subject to Section 21354.1. (d) This section does not apply to members employed by the California State University or the University of California. (e) This section does not apply to state miscellaneous and state industrial members who are subject to Section 21076. (f) If the membership of State Bargaining Unit 7 or 8 does not ratify its respective memorandum of understanding on or before December 15, 2001, the normal contribution rate for the members of that specific state bargaining unit shall be restored to the level in effect on August 30, 2001, as set forth in Section 20677, beginning with the December 2001 pay period for the compensation paid that member for service. (g) This subdivision shall apply to state employees in State Bargaining Units 7 and 8. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act. (h) This section shall become inoperative on July 1, 2003, and, as of January 1, 2004, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2002, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 6. Section 20683.2 is added to the Government Code, to read: 20683.2. Notwithstanding any provisions of Section 20683 to the contrary, the normal rate of contribution for state safety members subject to Section 21369.1 in State Bargaining Units 7 and 8 shall be the rate specified in this section. (b) (1) Subject to the provisions of subdivision (e), from August 31, 2001, to June 30, 2002, inclusive, the normal rate of contribution shall be 3.5 percent of the compensation in excess of three hundred seventeen dollars ($317) per month paid that member for service rendered. (2) Subject to the provisions of subdivision (e), from July 1, 2002, to June 30, 2003, inclusive, the normal rate of contribution shall be 1 percent of the compensation in excess of three hundred seventeen dollars ($317) per month paid that member for service rendered. (c) This section does not apply to members employed by the California State University or the University of California. (d) If the membership of State Bargaining Unit 7 or 8 does not ratify its respective memorandum of understanding on or before December 15, 2001, the normal contribution rate for the members of that specific state bargaining unit shall be restored to the level in effect on August 30, 2001, as set forth in Section 20683, beginning with the December 2001 pay period for the compensation paid that member for service. (e) This subdivision shall apply to state employees in State Bargaining Units 7 and 8. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act. (f) This section shall become inoperative on July 1, 2003, and, as of January 1, 2004, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2002, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 7. Section 1808.4 of the Vehicle Code is amended to read: 1808.4. (a) The home address of any of the following persons, that appears in any record of the department, is confidential, if the person requests the confidentiality of that information: (1) Attorney General. (2) State public defender. (3) Members of the Legislature. (4) Judges or court commissioners. (5) District attorneys. (6) Public defenders. (7) Attorneys employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender. (8) City attorneys and attorneys who submit verification from their public employer that they represent the city in matters that routinely place them in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if those attorneys are employed by city attorneys. (9) Nonsworn police dispatchers. (10) Child abuse investigators or social workers, working in child protective services within a social services department. (11) Active or retired peace officers, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (12) Employees of the Department of Corrections, the Department of the Youth Authority, or the Prison Industry Authority specified in Sections 20403 and 20405 of the Government Code. (13) Nonsworn employees of a city police department, a county sheriff's office, the Department of the California Highway Patrol, federal, state, and local detention facilities, and local juvenile halls, camps, ranches, and homes, who submit agency verification that, in the normal course of their employment, they control or supervise inmates or are required to have a prisoner in their care or custody. (14) County counsels assigned to child abuse cases. (15) Investigators employed by the Department of Justice, a county district attorney, or a county public defender. (16) Members of a city council. (17) Members of a board of supervisors. (18) Federal prosecutors and criminal investigators and National Park Service Rangers working in this state. (19) Any active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances. (20) State employees in the following classifications: (A) Licensing Registration Examiner, Department of Motor Vehicles. (B) Motor Carrier Specialist 1, California Highway Patrol. (C) Museum Security Officer and Supervising Museum Security Officer. (21) (A) The spouse or child of any person listed in paragraphs (1) to (20), inclusive, regardless of the spouse's or child's place of residence. (B) The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty. (b) The confidential home address of any of the persons listed in subdivision (a) shall not be disclosed to any person, except a court, a law enforcement agency, the State Board of Equalization, or any governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department. (c) Any record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record. The home address shall be withheld from public inspection for three years following termination of office or employment except with respect to retired peace officers, whose home addresses shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (20) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer. The department shall inform any person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides. (d) A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriff's office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (20) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriff's office, or the spouses or children of these persons is a felony. SEC. 8. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order for the provisions of this act to be applicable as soon as possible in the 2001-02 fiscal year, and thereby facilitate the orderly administration of state government at the earliest possible time, it is necessary that this act take effect immediately.