BILL NUMBER: SB 503 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 12, 2013
INTRODUCED BY Senator Galgiani
FEBRUARY 21, 2013
An act to amend Section 9656 of the Business and
Professions Code, relating to cemeteries 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 .
LEGISLATIVE COUNSEL'S DIGEST
SB 503, as amended, Galgiani. Cemeteries.
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 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.
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.
The bill also would appropriate $1,005,000 for expenditure in the
2013-14 fiscal year for state employee compensation, as prescribed.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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.
This bill would make nonsubstantive changes to a provision of the
Cemetery Act related to endowment care funds.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: no
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 3517.5 of the Government Code entered into by the state
employer and State Bargaining Unit 18, that require the expenditure
of funds.
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 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.
SEC. 3. 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.
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.
SEC. 5. Section 19829.984 is added to the
Government Code , to read:
19829.984. (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.
SEC. 6. Section 19829.985 is added to the
Government Code , to read:
19829.985. (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.
SEC. 7. 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:
(a) Nine hundred twenty-four thousand dollars ($924,000) from the
General Fund in augmentation of Item 9800-001-0001.
(b) Fifty-four thousand dollars ($54,000) from unallocated special
funds in augmentation of Item 9800-001-0494.
(c) Twenty-seven thousand dollars ($27,000) from other unallocated
nongovernmental cost funds in augmentation of Item 9800-001-0988.
SEC. 8. 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 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.
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.