California Senate Bill SB503 Latest Draft

 BILL NUMBER: SB 503AMENDED BILL TEXT AMENDED IN SENATE AUGUST 12, 2013 INTRODUCED BY Senator Galgiani FEBRUARY 21, 2013 An act to  amend Section 9656 of the Business and Professions Code, relating to cemeteries   add Sections 19829.984 and 19829.985 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 503, as amended, Galgiani.  Cemeteries.   State employees: memorandum of understanding.   Under existing law, 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 18, the California Association of Psychiatric Technicians, 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 authorize the state employer and the affected employee organization to reopen negotiations on all or part of the memorandum of understanding if funds for those provisions are not specifically appropriated by the Legislature.   The bill also would appropriate $1,005,000 for expenditure in the 2013-14 fiscal year for state employee compensation, as prescribed.   If a Budget Act is not enacted by July 1 of each year covered by the memorandum of understanding, the bill would continuously appropriate to the Controller unspecified amounts as necessary for the payment of compensation and employee benefits until the Budget Act is enacted for the 2013-14 and 2014-15 fiscal years and would require these expenditures to be subsumed by the eventual expenditure authority approved for each fiscal year.   This bill would declare that it is to take effect immediately as an urgency statute.   Existing law, the Cemetery Act, establishes the Cemetery and Funeral Bureau within the Department of Consumer Affairs and sets forth its powers and duties, including, but not limited to, licensing and regulating cemetery managers, salespersons, and brokers. Existing law requires the bureau to examine the endowment care funds of cemetery authorities, as specified.   This bill would make nonsubstantive changes to a provision of the Cemetery Act related to endowment care funds.  Vote:  majority   2/3  . Appropriation:  no   yes  . 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 18, that require the expenditure of funds.   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 California Association of Psychiatric Technicians, State Bargaining Unit 18, on July 9, 2013, and that require the expenditure of funds, are hereby approved for the purposes 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 are scheduled to take effect on or after July 1, 2013, and that require the expenditure of funds shall not take effect unless funds for these provisions are specifically appropriated by the Legislature. If the Legislature does not approve or fully fund any provision of the memorandum of understanding that requires the expenditure of funds, either party may reopen negotiations on all or part of the memorandum of understanding.   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.   Section 19829.984 is added to the   Government Code   , to read:   19829.984. (a) Notwithstanding Section 13340, for the 2014-15 fiscal year, if the 2014-15 Budget Act is not enacted by July 1, 2014, for the memorandum of understanding entered into between the state employer and State Bargaining Unit 18 (effective July 1, 2013, to July 1, 2016, inclusive) there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost 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 covered by the above memorandum of understanding until the 2014-15 Budget Act is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memorandum of understanding for work performed between July 1, 2014, of the 2014-15 fiscal year and the enactment of the 2014-15 Budget Act. (b) If the memorandum of understanding entered into between the state employer and State Bargaining Unit 18 (effective July 1, 2013, to July 1, 2016, inclusive) is in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the 2014-15 Budget Act, these expenditures shall be subsumed by the expenditure authority approved in the 2014-15 Budget Act for each affected department. (d) This section shall apply only to an employee covered by the terms of the State Bargaining Unit 18 (effective July 1, 2013, to July 1, 2016, inclusive) memorandum of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2016.   SEC. 6.   Section 19829.985 is added to the   Government Code   , to read:   19829.985. (a) Notwithstanding Section 13340, for the 2015-16 fiscal year, if the 2015-16 Budget Act is not enacted by July 1, 2015, for the memorandum of understanding entered into between the state employer and State Bargaining Unit 18 (effective July 1, 2013, to July 1, 2016, inclusive) there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost 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 covered by the above memorandum of understanding until the 2015-16 Budget Act is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memorandum of understanding for work performed between July 1, 2015, of the 2015-16 fiscal year and the enactment of the 2015-16 Budget Act. (b) If the memorandum of understanding entered into between the state employer and State Bargaining Unit 18 (effective July 1, 2013, to July 1, 2016, inclusive) is in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the 2015-16 Budget Act, these expenditures shall be subsumed by the expenditure authority approved in the 2015-16 Budget Act for each affected department. (d) This section shall apply only to an employee covered by the terms of the State Bargaining Unit 18 (effective July 1, 2013, to July 1, 2016, inclusive) memorandum of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2016.   SEC. 7.   The sum of one million five thousand dollars ($1,005,000) is hereby appropriated for expenditure in the 2013-14 fiscal year in augmentation of, and for the purpose of state employee compensation as provided in Items 9800-001-0001, 9800-001-0494, and 9800-001-0988 of Section 2.00 of the Budget Act of 2013 (Chapter 20 of the Statutes of 2013) in accordance with the following schedule:   (a) Nine hundred twenty-four thousand dollars ($924,000) from the General Fund in augmentation of Item 9800-001-0001.   (b) Fifty-four thousand dollars ($54,000) from unallocated special funds in augmentation of Item 9800-001-0494.   (c) Twenty-seven thousand dollars ($27,000) from other unallocated nongovernmental cost funds in augmentation of Item 9800-001-0988.   SEC. 8.   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 9656 of the Business and Professions Code is amended to read: 9656. If the bureau finds, after notice and hearing, that any endowment care funds have been invested in violation of the provisions of the Health and Safety Code, the bureau shall, by written order mailed to the person or body in charge of the fund, require the reinvestment of the funds in conformity to that code within a period that shall be not less than two years if the investment was made prior to October 1, 1949, not less than six months if the investment was made on or after October 1, 1949, and before the effective date of the amendment of this section by the 1969 Regular Session of the Legislature, and not less than 30 days if the investment is made on or after the effective date of the amendment. The period may be extended by the bureau in its discretion.