BILL NUMBER: AB 1639 CHAPTERED 10/10/99 CHAPTER 926 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 9, 1999 PASSED THE SENATE SEPTEMBER 10, 1999 PASSED THE ASSEMBLY SEPTEMBER 10, 1999 AMENDED IN SENATE SEPTEMBER 9, 1999 AMENDED IN ASSEMBLY MAY 28, 1999 INTRODUCED BY Committee on Public Employees, Retirement and Social Security (Correa (Chair), Firebaugh, Honda, Knox, and Pescetti) MARCH 3, 1999 An act to amend Section 19817 of, to add Sections 19827.3 and 19849.15 to, and to add Article 2.2 (commencing with Section 19817.10) to Chapter 1 of Part 2.6 of Division 5 of Title 2 of, the Government Code, relating to state employees, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1639, Committee on Public Employees, Retirement and Social Security. State employees: State Bargaining Unit 8. (1) Existing law generally requires state agencies to adopt regulations pursuant to procedures set forth in the Administrative Procedure Act, but exempts the Department of Personnel Administration from that act with respect to regulations that apply to state employees in State Bargaining Unit 5, 6, 8, or 16. This bill would delete the specific exemption for the department with respect to regulations that apply to state employees in State Bargaining Unit 8, and would generally exempt the department from the Administrative Procedure Act with respect to regulations concerning matters within the scope of collective bargaining that apply to state employees in a state bargaining unit that has agreed to this exemption in a memorandum of understanding. (2) Existing law requires the Department of Personnel Administration to establish and adjust salary ranges for each class of position in the state civil service. The bill would require the department to take into consideration the salary and benefits of other jurisdictions employing 75 or more full-time firefighters who work in California prior to making salary recommendations for state firefighters. (3) Existing law authorizes the Board of Administration of the Public Employees' Retirement System to adopt regulations permitting a temporary extension of coverage of family members in the case of the death of an employee or annuitant for a period of not less than 30 days. This bill would require the state employer, with respect to specified state employees and officers and employees of the executive branch of state government who are not members of the state civil service, to continue, upon the death of an employee while in state service, to pay employer contributions for health, dental, and vision benefits for a period not to exceed 120 days beginning in the month of the employee's death, and would require the surviving spouse or other eligible family member to be advised of specified rights and obligations. (4) Existing law provides that if any provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees requires the expenditure of funds, those provisions of the memorandum of understanding shall not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve provisions of a specified memorandum of understanding entered into between the state employer and the California Department of Forestry Employees Association, and would provide that the provisions of any memorandum of understanding 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. This bill would provide that provisions of the memorandum of understanding approved by this bill that require the expenditure of funds shall not take effect unless funds for these provisions are specifically appropriated by the Legislature, and would provide that 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. (5) This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 19817 of the Government Code is amended to read: 19817. This article applies only with respect to regulations that apply to state employees in State Bargaining Unit 5, 6, or 16. SEC. 2. Article 2.2 (commencing with Section 19817.10) is added to Chapter 1 of Part 2.6 of Division 5 of Title 2 of the Government Code, to read: Article 2.2. Administrative Procedure 19817.10. (a) This article shall apply only to employees in state bargaining units who have agreed to this article in a memorandum of understanding. (b) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3) shall not apply to any agreements, orders, standards of general application, or any other directives or guidance entered into or issued by the department concerning matters that are within the scope of collective bargaining as defined by Section 3516. This article shall not in any way diminish the state's obligation to meet and confer with recognized employee organizations regarding matters within the scope of bargaining as defined by Section 3516. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not be effective unless approved by the Legislature in the annual Budget Act. SEC. 3. Section 19827.3 is added to the Government Code, to read: 19827.3. In order for the state to recruit skilled firefighters for the California Department of Forestry and Fire Protection, it is the policy of the state to consider prevailing salaries and benefits prior to making salary recommendations. In order to provide comparability in pay, the Department of Personnel Administration shall take into consideration the salary and benefits of other jurisdictions employing 75 full-time firefighters or more who work in California. SEC. 4. Section 19849.15 is added to the Government Code, to read: 19849.15. (a) Notwithstanding Section 22777, the state employer shall, upon the death of an employee while in state service, continue to pay employer contributions for health, dental, and vision benefits for a period not to exceed 120 days beginning in the month of the employee's death. The surviving spouse or other eligible family member shall be advised of all rights and obligations during this period regarding the continuation of health and dental benefits as an annuitant by the California Public Employees' Retirement System. The surviving spouse or other eligible family member shall also be notified by the department during this period regarding COBRA rights for the continuation of vision benefits. (b) This section shall apply to state employees in state bargaining units that have agreed to this section in a memorandum of understanding, state employees excluded from the definition of "state employee" in subdivision (c) of Section 3513, and officers or employees of the executive branch of state government who are not members of the civil service. SEC. 5. 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 the California Department of Forestry Employees Association, and that require the expenditure of funds or legislative action to permit their implementation, are hereby approved for the purposes of Section 3517.6 of the Government Code. SEC. 6. Provisions of the memorandum of understanding approved by Section 5 of this act that are scheduled to take effect on or after July 1, 1999, and that require the expenditure of funds shall not take effect unless funds for these provisions are specifically appropriated by the Legislature. In the event that 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. SEC. 7. Notwithstanding Section 3517.6 of the Government Code, the provisions of any memorandum of understanding 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. 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 1999-2000 fiscal year and thereby facilitate the orderly administration of state government at the earliest possible time, it is necessary for this act to take effect immediately.