BILL NUMBER: AB 965	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009

INTRODUCED BY   Committee on Public Employees, Retirement and Social
Security (Hernandez (Chair), Fong (Vice Chair), Beall, and Torrico)

                        FEBRUARY 26, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 965, as amended, Committee on Public Employees, Retirement and
Social Security. State employees: memorandum of understanding.
   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 of a memorandum of
understanding entered into between the state employer and State
Bargaining Unit 10, the California Association of Professional
Scientists, 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.
   This 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 these 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 these
provisions are not specifically appropriated by the Legislature.

   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  2/3   majority  . Appropriation:
no. 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 an agreement pursuant to Section 3517 of the
Government Code entered into by the state employer and State
Bargaining Unit 10.
  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 10, dated ____, 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
immediately, 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, 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.    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 2008-09 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.