Bill Text: CA SB217 | 2013-2014 | Regular Session | Amended

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Bill Title: State employees: memorandum of understanding: State

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB217 Detail]

Download: California-2013-SB217-Amended.html

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BILL NUMBER: SB 217	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 18, 2013

INTRODUCED BY   Senator Beall

                        FEBRUARY 11, 2013

   An act  to amend Section 20022 of the Government Code,
relating to retirement   relating to state employees,
and declaring the urgency thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 217, as amended, Beall.  Public Employees' Retirement
System.   State employees: memorandum of understanding:
State Bargaining Unit 9.  
   Existing law provides that a provision of a memorandum of
understanding 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 9, the Professional Engineers in California
Government, 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 require the
state employer and the affected employee organization to meet and
confer to renegotiate the affected provisions if funds for those
provisions are not specifically appropriated by the Legislature.
 
    This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law, the Public Employees' Retirement Law (PERL)
establishes the Public Employees' Retirement System (PERS) for the
purpose of providing pension benefits to specified public employees.
Existing law defines "contracting agency" for purposes of the PERL.
 
   This bill would make nonsubstantive changes to these provisions.

   Vote:  majority   2/3  . Appropriation:
no. 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 9. 
   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 State Bargaining Unit
9, dated ____, and that require the expenditure of funds, are hereby
approved for the purposes of subdivision (b) 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 require the
expenditure of funds shall not take effect unless funds for these
provisions are specifically appropriated by the Legislature. 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. 
   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.    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 20022 of the Government Code
is amended to read:
   20022.  "Contracting agency" means a public agency that has
elected to have all or any part of its employees become members of
this system and that has contracted with the board for that purpose.
"Contracting agency" also means a county office of education, school
district, or community college district that has elected to have all
or part of its employees participate in a risk pool and that has
contracted with the board for that purpose.