Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2225


Introduced by Assembly Member Low

February 18, 2016


An actbegin delete to amend Section 6307 of the Labor Code, relating to employment. end deletebegin insert relating to state employment.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2225, as amended, Low. begin deleteOccupational safety. end deletebegin insertState employment: State Bargaining Unit 19: memorandum of understanding.end insert

begin insert

Existing law provides that 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.

end insert
begin insert

This bill would approve provisions of a memorandum of understanding entered into between the state employer and State Bargaining Unit 19 that require the expenditure of funds and would provide that these provisions will become effective 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 the 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 employee organization to meet and confer to renegotiate if funds for those provisions are not specifically appropriated by the Legislature.

end insert
begin delete

The California Occupational Safety and Health Act of 1973 provides the Division of Occupational Safety and Health with all the power, jurisdiction, and supervision over all employment and places of employment that is necessary to enforce and administer all occupational health and safety laws and to protect employees.

end delete
begin delete

This bill would make technical, nonsubstantive changes to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe Legislature finds and declares that the
2purpose of this act is to approve an agreement pursuant to Section
33517.5 of the Government Code entered into by the state employer
4and State Bargaining Unit 19.end insert

5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertThe provisions of the memorandum of understanding
6prepared pursuant to Section 3517.5 of the Government Code and
7entered into by the state employer and American Federation of
8State, County and Municipal Employees (AFSCME), State
9Bargaining Unit 19, dated ____, that require the expenditure of
10funds are hereby approved for the purposes of subdivision (b) of
11Section 3517.6 of the Government Code.end insert

12begin insert

begin insertSEC. 3.end insert  

end insert

begin insertThe provisions of the memorandum of understanding
13approved by Section 2 of this act that require the expenditure of
14funds shall not take effect unless funds for these provisions are
15specifically appropriated by the Legislature. If funds for these
16provisions are not specifically appropriated by the Legislature,
17the state employer and the affected employee organization shall
18meet and confer to renegotiate the affected provisions.end insert

19begin insert

begin insertSEC. 4.end insert  

end insert

begin insertNotwithstanding Section 3517.6 of the Government
20Code, the provisions of the memorandum of understanding included
21in Section 2 that require the expenditure of funds shall become
22effective even if the provisions of the memorandum of
23understanding are approved by the Legislature in legislation other
24than the annual Budget Act. end insert

begin delete25

SECTION 1.  

Section 6307 of the Labor Code is amended to
26read:

27

6307.  

The division has the power, jurisdiction, and supervision
28over every employment and place of employment in this state, that
P3    1is necessary to adequately enforce and administer all laws and
2lawful standards and orders, or special orders requiring every
3employment and place of employment to be safe, and requiring
4the protection of the life, safety, and health of every employee in
5every employment or place of employment.

end delete


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