BILL NUMBER: AB 88	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 20, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009

INTRODUCED BY    Assembly Member   Davis
  Committee on Public Employees, Retirement and Social
Security 

                        JANUARY 5, 2009

   An act relating to state  employees  
employees, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 88, as amended,  Davis   Committee on
Public Employees, Retirement and Social Security  . State
employees:  memorandum   memoranda  of
understanding. 
   (1) Under existing law, 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.  
   This bill would approve provisions that require the expenditure of
funds pursuant to memoranda of understanding entered into between
the state employer and State Bargaining Units 1, 3, 4, 11, 14, 15,
17, 20, and 21, the Service Employees International Union, Local
1000, and would provide that these provisions will become effective
even if these provisions are approved by the Legislature in
legislation other than the annual Budget Act.  
   (2) The annual Budget Act appropriates specified amounts from the
General Fund, unallocated special funds, and unallocated
nongovernmental cost funds, for state employee compensation. 

   This bill would appropriate $9,474,000 from those funds for state
employee compensation in augmentation of the Budget Act of 2009.
 
   (3) This bill would provide that provisions of the memoranda of
understanding approved by this bill that require the expenditure of
funds will not take effect unless funds for these provisions are
specifically appropriated by the Legislature, and would authorize
either party to reopen negotiations on all or part of a memorandum of
understanding if the Legislature does not approve or fully fund any
provision of the memorandum of understanding that requires the
expenditure of funds.  
   (4) This bill would declare that it is to take effect immediately
as an urgency statute.  
   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. 

   This bill would approve provisions of a memorandum of
understanding entered into between the state employer and the
American Federation of State and County Municipal Employees for State
Bargaining Unit 19 that require the expenditure of funds, and would
provide that these provisions will become effective even if these
provisions are approved by the Legislature in legislation other than
the annual Budget Act.  
   The bill would provide that provisions of the memorandum of
understanding approved by this bill that require the expenditure of
funds will not take effect unless funds for those provisions are
specifically appropriated by the Legislature, and would require the
state employer and the affected employee organization to meet and
confer to renegotiate the affected provisions if funds for those
provisions are not specifically appropriated by the Legislature.

   Vote:  majority   2/3  . Appropriation:
 no  yes  . Fiscal committee: yes.
State-mandated 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 agreements pursuant to Section
3517 of the Government Code entered into by the state employer and
State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21 on
February 13, 2009, that require the expenditure of funds. 
   SEC. 2.    The provisions of the memoranda of
understanding prepared pursuant to Section 3517.5 of the Government
Code and entered into by the state employer and the following
employee organizations, and that require the expenditure of funds,
are hereby approved for the purposes of subdivision (b) of Section
3517.6 of the Government Code:  
   (a) State Bargaining Unit 1, Service Employees International
Union, Local 1000.  
   (b) State Bargaining Unit 3, Service Employees International
Union, Local 1000.  
   (c) State Bargaining Unit 4, Service Employees International
Union, Local 1000.  
   (d) State Bargaining Unit 11, Service Employees International
Union, Local 1000.  
   (e) State Bargaining Unit 14, Service Employees International
Union, Local 1000.  
   (f) State Bargaining Unit 15, Service Employees International
Union, Local 1000.  
   (g) State Bargaining Unit 17, Service Employees International
Union, Local 1000.  
   (h) State Bargaining Unit 20, Service Employees International
Union, Local 1000.  
   (i) State Bargaining Unit 21, Service Employees International
Union, Local 1000. 
   SEC. 3.    The provisions of the memoranda of
understanding approved by Section 2 of this act that are scheduled to
take effect on or after February 1, 2009, and that require the
expenditure of funds, shall not take effect unless funds for these
provisions are specifically appropriated by the Legislature. If the
Legislature does not approve or fully fund any provision of a
memorandum of understanding that requires the expenditure of funds,
either party may reopen negotiations on all or part of the memorandum
of understanding. 
   SEC. 4.    Notwithstanding Section 3517.6 of the
Government Code, the provisions of any memorandum of understanding
included in Section 2 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.    The sum of nine million four hundred
seventy-four thousand dollars ($9,474,000) is hereby appropriated for
expenditure in the 2009-10 fiscal year in augmentation of, and for
the purpose of, state employee compensations as provided in Items
9800-001-0001, 9800-001-0494, and 9800-001-0988 of Section 2.00 of
the Budget Act of 2009, in accordance with the following schedule:
 
   (a) Four million three hundred fifty-seven thousand dollars
($4,357,000) from the General Fund in augmentation of Item
9800-001-0001.  
   (b) Three million four hundred twenty-eight thousand dollars
($3,428,000) from unallocated special funds in augmentation of Item
9800-001-0494.  
   (c) One million six hundred eighty-nine thousand dollars
($1,689,000) from other unallocated nongovernmental cost funds in
augmentation of Item 9800-001-0988. 
   SEC. 6.    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, and thereby facilitate the orderly administration of
state government at the earliest possible time, it is necessary that
this act take effect immediately.  
  SECTION 1.    The Legislature finds and declares
that the purpose of this act is to approve an agreement pursuant to
Section 3517.5 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
19, dated ____, and that require the expenditure of funds, are
hereby approved for the purposes of subdivision (b) 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 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, the provisions of the memorandum of understanding
included in Section 2 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.