BILL NUMBER: AB 276	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2011
	AMENDED IN ASSEMBLY  APRIL 4, 2011

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 7, 2011

   An act to amend  Sections 12463, 53890, and 53895 of, and
to repeal Sections 53892.1, 53895.5, and 53895.7 of, the Government
Code, relating to local government.   Section 1164 of,
and to repeal Section 1164.11 of, the Labor Code, relating to
agricultural labor relations. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 276, as amended, Alejo. Local government: financial reports.

   Existing law specifies the time for filing a declaration by an
agricultural employer or a certified labor organization representing
agricultural employees that the parties have failed to reach a
collective bargaining agreement, thus triggering mandatory mediation.
Under existing law, the declaration may be filed 90 days after a
renewed demand to bargain where the parties have failed to reach
agreement for at least one year, the employer committed an unfair
labor practice, and the parties have not previously had a binding
contract between them or 180 days after an initial request to
bargain.  
   This bill would repeal the provision specifying the conditions
necessary for making a renewed demand to bargain and would instead
provide that the declaration may be filed 180 days after any request
to bargain.  
   (1) Existing law requires the officer of each local agency, who
has charge of the financial records of the agency, to furnish to the
Controller a report of all the financial transactions of the local
agency during the next preceding fiscal year within 90 days of the
close of each fiscal year, as specified. Existing law defines local
agency, for purposes of these financial reports to mean any city,
county, district, and specified community redevelopment agencies.
 
   This bill would also include within the definition of local agency
any joint powers agency, formed pursuant to the Joint Exercise of
Powers Act, that issues conduit revenue bonds, and would require
these joint powers agencies to furnish the Controller with the
required financial reports.  
   (2) Existing law provides that an officer of a local agency who
fails or refuses to make and file his or her report within 20 days
after receipt of a written notice of the failure from the Controller
forfeits to the state $1,000 in the case of a local agency with total
revenue, in the prior year, of less than $100,000; $2,500 in the
case of a local agency with total revenue, in the prior year, of at
least $100,000 but less than $250,000; and $5,000 in the case of a
local agency with total revenue in the prior year of at least
$250,000. Existing law raises these amounts in the case of a
community redevelopment agency, and a joint powers agency that issues
conduit revenue bonds in the second and third consecutive year.
 
   This bill would raise the forfeiture amounts for all local
agencies to $2,500 in the case of a local agency with total revenue,
in the prior year, of less than $100,000; $5,000 in the case of a
local agency with total revenue, in the prior year, of at least
$100,000 but less than $250,000; and $10,000 in the case of a local
agency with total revenue, in the prior year, of at least $250,000.
The bill would double these fines if the agency fails to submit the
report to the Controller for 2 consecutive years, and would triple
the fines if the agency fails to submit the report to the Controller
for 3 consecutive years. The bill would also require the Controller
to conduct an audit, as specified, of the local agency if the local
agency fails to provide the financial reports for 3 consecutive
years.  
   (3) Existing law requires the Superintendent of Public Instruction
to make available to the Controller, on an as-needed basis, data and
other matters required to permit the compilation of the financial
transactions of school districts by the Controller. 

   This bill would repeal this provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1164 of the   Labor
Code   is amended to read: 
   1164.  (a) An agricultural employer or a labor organization
certified as the exclusive bargaining agent of a bargaining unit of
agricultural employees may file with the board, at any time following
 (1) 90 days after a renewed demand to bargain by an
agricultural employer or a labor organization certified prior to
January 1, 2003, which meets the conditions specified in Section
1164.11 or (2) 180 days after an initial request to bargain by an
agricultural employer or a labor organization certified after January
1, 2003   180 days after any request to bargain by an
agricultural employer or a certified labor organization  , a
declaration that the parties have failed to reach a collective
bargaining agreement and a request that the board issue an order
directing the parties to mandatory mediation and conciliation of
their issues. "Agricultural employer," for purposes of this chapter,
means an agricultural employer, as defined in subdivision (c) of
Section 1140.4, who has employed or engaged 25 or more agricultural
employees during any calendar week in the year preceding the filing
of a declaration pursuant to this subdivision.
   (b) Upon receipt of a declaration pursuant to subdivision (a), the
board shall immediately issue an order directing the parties to
mandatory mediation and conciliation of their issues. The board shall
request from the California State Mediation and Conciliation Service
a list of nine mediators who have experience in labor mediation. The
California State Mediation and Conciliation Service may include
names chosen from its own mediators, or from a list of names supplied
by the American Arbitration Association or the Federal Mediation
Service. The parties shall select a mediator from the list within
seven days of receipt of the list. If the parties cannot agree on a
mediator, they shall strike names from the list until a mediator is
chosen by process of elimination. If a party refuses to participate
in selecting a mediator, the other party may choose a mediator from
the list. The costs of mediation and conciliation shall be borne
equally by the parties.
   (c) Upon appointment, the mediator shall immediately schedule
meetings at a time and location reasonably accessible to the parties.
Mediation shall proceed for a period of 30 days. Upon expiration of
the 30-day period, if the parties do not resolve the issues to their
mutual satisfaction, the mediator shall certify that the mediation
process has been exhausted. Upon mutual agreement of the parties, the
mediator may extend the mediation period for an additional 30 days.
   (d) Within 21 days, the mediator shall file a report with the
board that resolves all of the issues between the parties and
establishes the final terms of a collective bargaining agreement,
including all issues subject to mediation and all issues resolved by
the parties prior to the certification of the exhaustion of the
mediation process. With respect to any issues in dispute between the
parties, the report shall include the basis for the mediator's
determination. The mediator's determination shall be supported by the
record.
   (e) In resolving the issues in dispute, the mediator may consider
those factors commonly considered in similar proceedings, including:
   (1) The stipulations of the parties.
   (2) The financial condition of the employer and its ability to
meet the costs of the contract in those instances where the employer
claims an inability to meet the union's wage and benefit demands.
   (3) The corresponding wages, benefits, and terms and conditions of
employment in other collective bargaining agreements covering
similar agricultural operations with similar labor requirements.
   (4) The corresponding wages, benefits, and terms and conditions of
employment prevailing in comparable firms or industries in
geographical areas with similar economic conditions, taking into
account the size of the employer, the skills, experience, and
training required of the employees, and the difficulty and nature of
the work performed.
   (5) The average consumer prices for goods and services according
to the California Consumer Price Index, and the overall cost of
living, in the area where the work is performed.
   SEC. 2.    Section 1164.11 of the   Labor
Code   is repealed.  
   1164.11.  A demand made pursuant to paragraph (1) of subdivision
(a) of Section 1164 may be made only in cases which meet all of the
following criteria: (a) the parties have failed to reach agreement
for at least one year after the date on which the labor organization
made its initial request to bargain, (b) the employer has committed
an unfair labor practice, and (c) the parties have not previously had
a binding contract between them.  
  SECTION 1.    Section 12463 of the Government Code
is amended to read:
   12463.  (a) The Controller shall compile and publish reports of
the financial transactions of each county, city, special district,
and joint powers agency formed pursuant to the Joint Exercise of
Powers Act (Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 of Title 1) that issues conduit revenue bonds,
respectively, within this state, together with any other matter he or
she deems of public interest. The reports shall include the
appropriations limits and the total annual appropriations subject to
limitation of the counties, cities, and special districts. The
reports to the Controller shall be made in the time, form, and manner
prescribed by the Controller.
   (b) Effective January 1, 2005, the Controller shall compile and
publish reports of the financial transactions of each county, city,
and special district pursuant to subdivision (a) on or before August
1, September 1, and October 1 respectively, of each year following
the end of the annual reporting period. The Controller shall make
data collected pursuant to this subdivision available upon request to
the Legislature and its agents, on or before April 1 of each year.
   (c) As used in this section, "special district" means any of the
following:
   (1) A special district as defined in Section 95 of the Revenue and
Taxation Code.
   (2) A commission provided for by a joint powers agreement pursuant
to Chapter 5 (commencing with 6500) of Division 7 of Title 1.
   (3) A nonprofit corporation that is any of the following:
   (A) Was formed in accordance with the provisions of a joint powers
agreement to carry out functions specified in the agreement.
   (B) Issued bonds, the interest on which is exempt from federal
income taxes, for the purpose of purchasing land as a site for, or
purchasing or constructing, a building, stadium, or other facility,
that is subject to a lease or agreement with a local public entity.
   (C) Is wholly owned by a public agency.  
  SEC. 2.    Section 53890 of the Government Code is
amended to read:
   53890.  As used in this article, "local agency" means any city,
county, any district, any community redevelopment agency required to
furnish financial reports pursuant to Section 12463.1 or 12463.3, and
a joint powers agency formed pursuant to the Joint Exercise of
Powers Act (Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 of Title 1) that issues conduit revenue bonds. 

  SEC. 3.    Section 53892.1 of the Government Code
is repealed.  
  SEC. 4.    Section 53895 of the Government Code is
amended to read:
   53895.  (a) An officer of a local agency who fails or refuses to
make and file his or her report within 20 days after receipt of a
written notice of the failure from the Controller shall forfeit to
the state:
   (1) Two thousand five hundred dollars ($2,500), in the case of a
local agency with total revenue, in the prior year, of less than one
hundred thousand dollars ($100,000), as reported in the Controller's
annual financial reports.
   (2) Five thousand dollars ($5,000), in the case of a local agency
with total revenue, in the prior year, of at least one hundred
thousand dollars ($100,000) but less than two hundred fifty thousand
dollars ($250,000), as reported in the Controller's annual financial
reports.
   (3) Ten thousand dollars ($10,000), in the case of a local agency
with total revenue, in the prior year, of at least two hundred fifty
thousand dollars ($250,000), as reported in the Controller's annual
financial reports.
   (b) (1) Upon the request of the Controller, the Attorney General
shall prosecute an action for the forfeiture in the name of the
people of the State of California.
   (2) Upon a satisfactory showing of good cause, the Controller may
waive the penalties for late filing provided in this section.
   (c) If an officer of a local agency fails or refuses to make and
file his or her report within 20 days after receipt of a written
notice pursuant to subdivision (a) for two consecutive years, the
forfeiture or fine assessed pursuant to paragraphs (1), (2), and (3)
of subdivision (a) in the second year shall be doubled.
   (d) (1) If an officer of a local agency fails or refuses to make
and file his or her report within 20 days after receipt of a written
notice pursuant to subdivision (a) for three consecutive years, the
forfeiture or fine assessed pursuant to paragraphs (1), (2), and (3)
of subdivision (a) in the third year shall be tripled. The Controller
shall also conduct or cause to be conducted an independent financial
audit report. In the case of a community redevelopment agency, the
audit report shall be consistent with the requirements of Section
33080.1 of the Health and Safety Code, and in the case of a joint
powers agency, the audit report shall be consistent with Section
6505. The agency shall reimburse the Controller for the cost of
complying with this subdivision.
   (2) A redevelopment agency shall not use any of the funds in the
Low and Moderate Income Housing Fund to fund any forfeiture or fine
assessed pursuant to this section.
   (e) An agency that makes a forfeiture or payment pursuant to this
section shall still file the report required pursuant to Section
53891.  
  SEC. 5.    Section 53895.5 of the Government Code
is repealed.  
  SEC. 6.    Section 53895.7 of the Government Code
is repealed.