Amended in Senate March 18, 2013

Senate Bill No. 217

Introduced by Senator Beall

February 11, 2013

An act begin delete to amend Section 20022 of the Government Code, relating to retirement end delete begin insert relating to state employees, and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 217, as amended, Beall. begin delete Public Employees’ Retirement System. end delete begin insert State employees: memorandum of understanding: State Bargaining Unit 9. end insert

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Existing law provides that a provision of a memorandum of understanding 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.

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This bill would approve provisions of a memorandum of understanding entered into between the state employer and State Bargaining Unit 9, the Professional Engineers in California Government, 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.

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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.

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 This bill would declare that it is to take effect immediately as an urgency statute.

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Existing law, the Public Employees’ Retirement Law (PERL) establishes the Public Employees’ Retirement System (PERS) for the purpose of providing pension benefits to specified public employees. Existing law defines “contracting agency” for purposes of the PERL.

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This bill would make nonsubstantive changes to these provisions.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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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 State Bargaining Unit 9.

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begin insert SEC. 2. end insert   

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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 9,
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.

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begin insert SEC. 3. end insert   

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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.

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begin insert SEC. 4. end insert   

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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.

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begin insert SEC. 5. end insert   

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 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:

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In order for the provisions of this act to be applicable as soon
as possible in the 2013-14 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.

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SECTION 1.  

Section 20022 of the Government Code is
amended to read:

20022.  

“Contracting agency” means a public agency that has
elected to have all or any part of its employees become members
of this system and that has contracted with the board for that
purpose. “Contracting agency” also means a county office of
education, school district, or community college district that has
elected to have all or part of its employees participate in a risk
pool and that has contracted with the board for that purpose.

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