California Legislature—2015–16 Regular Session

Assembly BillNo. 186


Introduced by Assembly Member Rendon

January 26, 2015


An act relating to state employees, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 186, as introduced, Rendon. State employees: memorandum of understanding.

Existing law provides that a provision of a memorandum of understanding reached 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 6, the California Correctional Peace Officers Association, 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.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

The Legislature finds and declares that the
2purpose of this act is to approve an agreement pursuant to Section
33517.5 of the Government Code entered into by the state employer
4and a recognized employee organization.

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SEC. 2.  

The provisions of the memorandum of understanding
6prepared pursuant to Section 3517.5 of the Government Code and
7entered into by the state employer and State Bargaining Unit 6,
8dated ____, and that require the expenditure of funds, are hereby
9approved for the purposes of subdivision (b) of Section 3517.6 of
10the Government Code.

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SEC. 3.  

The provisions of the memorandum of understanding
12approved by Section 2 of this act that require the expenditure of
13funds shall not take effect unless funds for these provisions are
14specifically appropriated by the Legislature. If funds for these
15provisions are not specifically appropriated by the Legislature, the
16state employer and the affected employee organization shall meet
17and confer to renegotiate the affected provisions.

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SEC. 4.  

Notwithstanding Section 3517.6 of the Government
19Code, the provisions of the memorandum of understanding
20included in Section 2 that require the expenditure of funds shall
21become effective even if the provisions of the memorandum of
22understanding are approved by the Legislature in legislation other
23than the annual Budget Act.

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SEC. 5.  

This act is an urgency statute necessary for the
25immediate preservation of the public peace, health, or safety within
26the meaning of Article IV of the Constitution and shall go into
27immediate effect. The facts constituting the necessity are:

28In order for the provisions of this act to be applicable as soon as
29possible in the 2015-16 fiscal year and thereby facilitate the orderly
30administration of state government at the earliest possible time, it
31is necessary that this act take effect immediately.



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