Amended in Senate August 12, 2013

Senate Bill No. 503

Introduced by Senator Galgiani

February 21, 2013

An act to begin delete amend Section 9656 of the Business and Professions Code, relating to cemeteries end delete begin insert add Sections 19829.984 and 19829.985 to the Government Code, relating to state employees, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 503, as amended, Galgiani. begin delete Cemeteries. end delete begin insert State employees: memorandum of understanding. end insert

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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.

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This bill would approve provisions of a memorandum of understanding entered into between the state employer and State Bargaining Unit 18, the California Association of Psychiatric Technicians, 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 authorize the state employer and the affected employee organization to reopen negotiations on all or part of the memorandum of understanding if funds for those provisions are not specifically appropriated by the Legislature.

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The bill also would appropriate $1,005,000 for expenditure in the 2013-14 fiscal year for state employee compensation, as prescribed.

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If a Budget Act is not enacted by July 1 of each year covered by the memorandum of understanding, the bill would continuously appropriate to the Controller unspecified amounts as necessary for the payment of compensation and employee benefits until the Budget Act is enacted for the 2013-14 and 2014-15 fiscal years and would require these expenditures to be subsumed by the eventual expenditure authority approved for each fiscal year.

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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 Cemetery Act, establishes the Cemetery and Funeral Bureau within the Department of Consumer Affairs and sets forth its powers and duties, including, but not limited to, licensing and regulating cemetery managers, salespersons, and brokers. Existing law requires the bureau to examine the endowment care funds of cemetery authorities, as specified.

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This bill would make nonsubstantive changes to a provision of the Cemetery Act related to endowment care funds.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation:  begin delete no end delete begin insert yes end insert . 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 18, that require the expenditure of
funds.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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 California Association of
Psychiatric Technicians, State Bargaining Unit 18, on July 9,
2013, and that require the expenditure of funds, are hereby
approved for the purposes of Section 3517.6 of the Government
Code.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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, 2013, 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 the memorandum
of understanding that requires the expenditure of funds, either
party may reopen negotiations on all or part of the memorandum
of understanding.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

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.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 19829.984 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 19829.984. end insert   

(a) Notwithstanding Section 13340, for the
2014-15 fiscal year, if the 2014-15 Budget Act is not enacted by
July 1, 2014, for the memorandum of understanding entered into
between the state employer and State Bargaining Unit 18 (effective
July 1, 2013, to July 1, 2016, inclusive) there is hereby
continuously appropriated to the Controller from the General
Fund, unallocated special funds, including, but not limited to,
federal funds and unallocated nongovernmental cost funds, and
any other fund from which state employees are compensated, the
amount necessary for the payment of compensation and employee
benefits to state employees covered by the above memorandum of
understanding until the 2014-15 Budget Act is enacted. The
Controller may expend an amount no greater than necessary to
enable the Controller to compensate state employees covered by
the above memorandum of understanding for work performed
between July 1, 2014, of the 2014-15 fiscal year and the enactment
of the 2014-15 Budget Act.

(b) If the memorandum of understanding entered into between
the state employer and State Bargaining Unit 18 (effective July 1,
2013, to July 1, 2016, inclusive) is in effect and approved by the
Legislature, the compensation and contribution for employee
benefits for state employees represented by these bargaining units
shall be at a rate consistent with the applicable memorandum of
understanding referenced above.

(c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority
of a department. Upon the enactment of the 2014-15 Budget Act,
these expenditures shall be subsumed by the expenditure authority
approved in the 2014-15 Budget Act for each affected department.

(d) This section shall apply only to an employee covered by the
terms of the State Bargaining Unit 18 (effective July 1, 2013, to
July 1, 2016, inclusive) memorandum of understanding.
Notwithstanding Section 3517.8, this section shall not apply after
the term of the memorandum of understanding has expired. For
purposes of this section, the memorandum of understanding for
State Bargaining Unit 18 expires on July 1, 2016.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 19829.985 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 19829.985. end insert   

(a) Notwithstanding Section 13340, for the
2015-16 fiscal year, if the 2015-16 Budget Act is not enacted by
July 1, 2015, for the memorandum of understanding entered into
between the state employer and State Bargaining Unit 18 (effective
July 1, 2013, to July 1, 2016, inclusive) there is hereby
continuously appropriated to the Controller from the General
Fund, unallocated special funds, including, but not limited to,
federal funds and unallocated nongovernmental cost funds, and
any other fund from which state employees are compensated, the
amount necessary for the payment of compensation and employee
benefits to state employees covered by the above memorandum of
understanding until the 2015-16 Budget Act is enacted. The
Controller may expend an amount no greater than necessary to
enable the Controller to compensate state employees covered by
the above memorandum of understanding for work performed
between July 1, 2015, of the 2015-16 fiscal year and the enactment
of the 2015-16 Budget Act.

(b) If the memorandum of understanding entered into between
the state employer and State Bargaining Unit 18 (effective July 1,
2013, to July 1, 2016, inclusive) is in effect and approved by the
Legislature, the compensation and contribution for employee
benefits for state employees represented by these bargaining units
shall be at a rate consistent with the applicable memorandum of
understanding referenced above.

(c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority
of a department. Upon the enactment of the 2015-16 Budget Act,
these expenditures shall be subsumed by the expenditure authority
approved in the 2015-16 Budget Act for each affected department.

(d) This section shall apply only to an employee covered by the
terms of the State Bargaining Unit 18 (effective July 1, 2013, to
July 1, 2016, inclusive) memorandum of understanding.
Notwithstanding Section 3517.8, this section shall not apply after
the term of the memorandum of understanding has expired. For
purposes of this section, the memorandum of understanding for
State Bargaining Unit 18 expires on July 1, 2016.

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begin insert SEC. 7. end insert   

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The sum of one million five thousand dollars
($1,005,000) is hereby appropriated for expenditure in the 2013-14
fiscal year in augmentation of, and for the purpose of state
employee compensation as provided in Items 9800-001-0001,
9800-001-0494, and 9800-001-0988 of Section 2.00 of the Budget
Act of 2013 (Chapter 20 of the Statutes of 2013) in accordance
with the following schedule:

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(a) Nine hundred twenty-four thousand dollars ($924,000) from
the General Fund in augmentation of Item 9800-001-0001.

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(b) Fifty-four thousand dollars ($54,000) from unallocated
special funds in augmentation of Item 9800-001-0494.

end insert begin insert

(c) Twenty-seven thousand dollars ($27,000) from other
unallocated nongovernmental cost funds in augmentation of Item
9800-001-0988.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert begin insert

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:

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 9656 of the Business and Professions
Code is amended to read:

9656.  

If the bureau finds, after notice and hearing, that any
endowment care funds have been invested in violation of the
provisions of the Health and Safety Code, the bureau shall, by
written order mailed to the person or body in charge of the fund,
require the reinvestment of the funds in conformity to that code
within a period that shall be not less than two years if the
investment was made prior to October 1, 1949, not less than six
months if the investment was made on or after October 1, 1949,
and before the effective date of the amendment of this section by
the 1969 Regular Session of the Legislature, and not less than 30
days if the investment is made on or after the effective date of the
amendment. The period may be extended by the bureau in its
discretion.

end delete