Amended in Assembly April 28, 2014

California Legislature—2013–14 Regular Session

Assembly Concurrent Resolution No. 95

Introduced by Assembly Member Gomez

February 11, 2014

Assembly Concurrent Resolution No. 95—Relative to the California Community Colleges.

LEGISLATIVE COUNSEL’S DIGEST

ACR 95, as amended, Gomez. California Community Colleges: part-time faculty begin insert and classified employees end insert .

This measure would express the intent of the Legislature that community college districts not reduce the hours of part-time faculty begin insert or part-time classified employees end insert for the purpose of avoiding implementation of the federal Patient Protection and Affordable Care Act.

Fiscal committee: no.

WHEREAS, The provisions of the federal Patient Protection
and Affordable Care Act (PPACA) relating to employer shared
responsibility require large employers, including California
community college districts, to provide minimum essential health
care coverage for anyone working an average of at least 30 hours
per week; and

WHEREAS, Assembly Concurrent Resolution 138 of the
2009-10 Regular Session, chaptered as Resolution Chapter 142
of the Statutes of 2010, expressed the intent of the Legislature that
part-time and temporary faculty receive pay and benefits that are
equal to those of specified tenured and tenure-track faculty, to the
extent funding is provided; and

WHEREAS, begin delete Proposed Internal Revenue Service Regulation
138006-12 would define end delete begin insert The Internal Revenue Service’s final
ruling in the Shared Responsibility for Employers Regarding
Health Coverage defines end insert service hours to include work paid outside
of the classroom, including office hours and preparation, for
purposes of calculating full-time employment status; and

WHEREAS, Individual college and university employers across
the United States have reduced the hours of part-time faculty begin insert and
part-time employees end insert specifically to avoid compliance with the
provisions of the PPACA relating to employer shared
responsibility, the operation of which has been delayed until
January 1, 2015; now, therefore, be it

Resolved by the Assembly of the State of California, the Senate
thereof concurring, That it is the intent of the Legislature that
community college districts not reduce the hours of part-time
faculty begin insert or part-time classified employees end insert for the purpose of
avoiding implementation of the federal Patient Protection and
Affordable Care Act; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies
of this resolution to the Chancellor of the California Community
Colleges and to the author for appropriate distribution.