BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | ACR 95|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: ACR 95
Author: Gomez (D)
Amended: 4/28/14 in Assembly
Vote: 21
SENATE EDUCATION COMMITTEE : 4-2, 6/4/14
AYES: Liu, Block, Hancock, Monning
NOES: Wyland, Huff
NO VOTE RECORDED: Correa
ASSEMBLY FLOOR : 55-23, 5/15/14 - See last page for vote
SUBJECT : Community college part-time faculty
SOURCE : Author
DIGEST : This resolution expresses the intent of the
Legislature that California Community College (CCC) districts
not reduce the hours of part-time faculty or part-time
classified employees for the purpose of avoiding implementation
of the federal Patient Protection and Affordable Care Act (Act).
ANALYSIS :
Existing law:
1.Requires businesses with at least 50 full-time and or
full-time equivalent employees to provide affordable health
care coverage that meets a minimum level of coverage to their
employees, or otherwise pay a penalty. Defines full-time
CONTINUED
ACR 95
Page
2
employees as an employee who works an average of 30 hours per
week.
2.Defines "faculty" as those employees of a CCC district who are
employed in academic positions that are not designated as
supervisory or management, as specified. Faculty include, but
are not limited to, instructors, librarians, counselors, CCC
health services professionals, handicapped student programs
and services professionals, and extended opportunity programs
and services professionals.
3.Defines any person who is employed to teach adult or CCC
classes for not more than 67% of the hours per week considered
a full-time assignment for regular employees having comparable
duties to be classified as a temporary (part-time) employee.
This resolution makes the following declarations and findings:
1.The provisions of the Act relating to employer shared
responsibility require large employers, including CCC
districts, to provide minimum essential health care coverage
for anyone working an average of at least 30 hours per week;
2.ACR 138 (Nava, Chapter 142, 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;
3.The Internal Revenue Service's final ruling in the Shared
Responsibility for Employers Regarding Health Care Coverage
defines service hours to include work paid outside of the
classroom, including office hours and preparation, for
purposes of calculating full-time employment status; and
4.Individual college and university employers across the United
States have reduced the hours of part-time faculty and
part-time employees specifically to avoid compliance with the
provisions of the Act relating to employer shared
responsibility, the operation of which has been delayed until
January 1, 2015.
This resolution states the intent of the Legislature that CCC
districts not reduce the hours of part-time faculty or part-time
CONTINUED
ACR 95
Page
3
classified employees for the purpose of avoiding implementation
of the Act.
Prior Legislation
ACR 138 (Nava, Chapter 142, Statutes of 2010) states legislative
intent 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
that the CCCs increase the percentage of full-time tenured and
tenure-track faculty.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 6/4/14)
Faculty Association of California Community Colleges (source)
California Labor Federation
California Manufacturers & Technology Association
California School Employees Association
California Teachers Association
ARGUMENTS IN SUPPORT : According to the author's office, the
United States Internal Revenue Service in its final ruling in
the Employers Shared Responsibility provisions regarding health
coverage defines service hours to include work paid outside of
the classroom, including office hours and preparation, for
purposes of calculating full-time status. This ruling may cause
some districts to open up the discussion to move employees from
employer based health care or to simply reduce the number of
hours faculty and classified employees teach in order to avoid
having to provide them with health care. The author's office
indicates, "Part-time faculty and classified employees who are
represented by a union have significantly more protection
through local collective bargaining agreements, but districts
may still avoid providing benefits through the hiring of
additional part-time faculty and instructional aids as new
courses become available, rather than offering them to current
employees so they can be eligible for the maximum amount of
benefits and any coverage that would include them in the federal
Patient Protection and Affordable Care Act requirements."
ASSEMBLY FLOOR : 55-23, 5/15/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
CONTINUED
ACR 95
Page
4
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman, Fong, Fox,
Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Hall,
Roger Hern�ndez, Holden, Jones-Sawyer, Levine, Lowenthal,
Medina, Mullin, Muratsuchi, Nazarian, Pan, Perea, John A.
P�rez, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Weber,
Wieckowski, Williams, Yamada, Atkins
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Dahle,
Donnelly, Beth Gaines, Gorell, Grove, Hagman, Harkey, Jones,
Linder, Logue, Maienschein, Melendez, Nestande, Olsen,
Patterson, Wagner, Waldron, Wilk
NO VOTE RECORDED: Mansoor, Vacancy
PQ:e 6/3/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED