Bill Text: CA SB270 | 2011-2012 | Regular Session | Introduced
Bill Title: State employees: compensation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB270 Detail]
Download: California-2011-SB270-Introduced.html
BILL NUMBER: SB 270 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hernandez
FEBRUARY 14, 2011
An act to add Section 1232 to the Government Code, relating to
state employees, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 270, as introduced, Hernandez. State employees: compensation.
The California Constitution requires the Legislature to pass a
budget bill by June 15 of each year for the fiscal year commencing on
July 1. Existing law provides that no state officer or employee
shall be deemed to have a break in service or to have terminated his
or her employment, for any purpose, or to have incurred any change in
his or her authority, status, or jurisdiction or in his or her
salary or other conditions of employment, solely because of the
failure to enact a Budget Act for a fiscal year prior to the
beginning of that fiscal year. Under the California Constitution,
money may be drawn from the State Treasury only through an
appropriation made by law and upon a Controller's duly drawn warrant.
This bill would continuously appropriate from the General Fund and
other specified funds to the Controller an amount necessary for the
payment of compensation and employee benefits to state employees, as
defined, for work performed on or after July 1 of a fiscal year for
which no budget has been enacted.
This bill would specify, if a memorandum of understanding is in
effect that has been approved by the Legislature, that the
compensation and contribution for employee benefits for represented
state employees be at a rate consistent with the memorandum of
understanding and, for state employees excluded from collective
bargaining, at the rate approved by the Department of Personnel
Administration prior to the commencement of the fiscal year for which
a Budget Act has not been enacted. The bill would require, if a
memorandum of understanding is not in effect for represented state
employees and the department has not approved a compensation package
for state employees excluded from collective bargaining, that the
compensation and contribution for employee benefits for represented
state employees and state employees excluded from collective
bargaining be at the rate in effect at the expiration of the last
fiscal year for which a budget was enacted.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1232 is added to the Government Code, to read:
1232. (a) Notwithstanding Section 13340, in any fiscal year in
which the Budget Act is not enacted by July 1 of that fiscal year,
there is hereby continuously appropriated without regard to fiscal
years to the Controller from the General Fund, unallocated special
funds, federal funds, and any other fund from which state employees
are compensated, the amount necessary for the payment of compensation
and employee benefits to state employees until the Budget Act of
that fiscal year is enacted. The Controller may expend an amount no
greater than that necessary to enable the Controller to compensate
state employees for work performed between July 1 of the applicable
fiscal year and the enactment of the Budget Act.
(b) If there is a memorandum of understanding in effect that has
been approved by the Legislature, the compensation and contribution
for employee benefits for represented state employees shall be at a
rate consistent with the memorandum of understanding and compensation
and contribution for employee benefits for state employees excluded
from collective bargaining shall be at the rate approved by the
Department of Personnel Administration prior to the commencement of
the fiscal year for which a Budget Act has not been enacted. If a
memorandum of understanding is not in effect and if the department
has not approved a compensation package for state employees excluded
from collective bargaining, compensation and contribution for
employee benefits for represented state employees and state employees
excluded from collective bargaining shall be at the rate in effect
at the expiration of the last fiscal year for which a budget was
enacted.
(c) The Department of Finance may, upon enactment of the Budget
Act and in the absence of this action being taken by the Legislature
or the Governor in that Budget Act, reduce the applicable Budget Act
allocations by the amount of any warrants drawn pursuant to
subdivision (a).
(d) For the purposes of this section, "state employee" means an
employee as defined in Section 19815.
SEC. 2. 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 that state employees may be compensated for work
performed without delay in the event of a budget impasse, and in
order that funds may be continuously appropriated to the Controller
at the earliest possible time for the purposes of compensating state
employees, it is necessary that this act take effect immediately.
