BILL NUMBER: AB 736	CHAPTERED  09/11/02

	CHAPTER  456
	FILED WITH SECRETARY OF STATE  SEPTEMBER 11, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 11, 2002
	PASSED THE ASSEMBLY  AUGUST 23, 2002
	PASSED THE SENATE  AUGUST 19, 2002
	AMENDED IN SENATE  AUGUST 5, 2002

INTRODUCED BY   Assembly Member Oropeza

                        FEBRUARY 22, 2001

   An act to add and repeal Sections 20677.9 and 20683.6 to the
Government Code, relating to state employees, and declaring the
urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 736, Oropeza.  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 or legislative action, of a memorandum of understanding
entered into between the state employer and State Bargaining Unit 13,
International Union of Operating Engineers, Stationary Engineers,
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, as specified, for
those members in State Bargaining Unit 13 until June 30, 2003.
  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 State
Bargaining Unit 13, International Union of Operating Engineers,
Stationary Engineers.
  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 13, and that require
the expenditure of funds or legislative action to permit their
implementation, 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, 2002, and 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, 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, any
provisions of the 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 20677.9 is added to the Government Code, to read:

   20677.9.  (a) Notwithstanding any provisions of this part to the
contrary, the normal rate of contribution for state miscellaneous and
state industrial members in State Bargaining Unit 13 shall be the
following:
   (1) Effective July 1, 2002, to June 30, 2003, inclusive, the
normal rate of contribution for a member whose service is not
included in the federal system shall be 1 percent of the compensation
in excess of three hundred seventeen dollars ($317) per month paid
that member for service rendered.
   (2) Effective July 1, 2002, to June 30, 2003, inclusive, the
normal rate of contribution for a member whose service has been
included in the federal system shall be zero percent of the
compensation per month paid that member for service rendered.
   (b) Notwithstanding any provisions of Section 21073.3 to the
contrary, 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.
   (c) This section does not apply to state miscellaneous members who
are subject to Section 21076.
   (d) 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
the memorandum of understanding require the expenditure of funds, the
provisions may not become effective unless approved by the
Legislature in the annual Budget Act.
   (e) 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, 2004, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 6.  Section 20683.6 is added to the Government Code, to read:

   20683.6.  (a) Notwithstanding any provisions of Section 20683 to
the contrary, effective July 1, 2002, to June 30, 2003, inclusive,
the normal rate of contribution for state safety members subject to
Section 21369.1 in State Bargaining Unit 13 shall be 1 percent of the
compensation in excess of three hundred seventeen dollars ($317) per
month paid to that member for service rendered.
   (b) This section does not apply to members employed by the
California State University or the University of California.
   (c) 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.
   (d) This section shall become inoperative on July 1, 2003, and, as
of January 1, 2004, is repealed, unless a later enacted statute,
that is enacted before January 1, 2004, deletes or extends the date
on which it becomes inoperative and is repealed.
  SEC. 7.  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 2002-03 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.