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Legislative Report

ACSS monitors legislative activity that affects members. We maintain a current list of bills and measures that we either sponsor, support, oppose, or are simply keeping a close watch over. Read the legislative activity in its entirety on this page, or download the PDF version:

 Legislative Activity Report (Updated May 10, 2022)

 


 

ACSS Legislative Report

5/10/2022

 

Co-Sponsor

 

AB 1714

(Cooper D)   Excluded employees: binding arbitration.

 

Current Text: Introduced: 1/26/2022  html   pdf

 

Introduced: 1/26/2022

 

Status: 4/6/2022-In committee: Set, first hearing. Referred to suspense file.

 

Location: 4/6/2022-A. APPR. SUSPENSE FILE

 

Summary: Existing law, the Bill of Rights for State Excluded Employees, permits, among other things, excluded employee organizations to represent their excluded members in their employment relations, including grievances, with the state. That law defines excluded employees as all managerial employees, confidential employees, supervisory employees, and specified employees of the Department of Personnel Administration, the Department of Finance, the Controller’s office, the Legislative Counsel Bureau, the Bureau of State Audits, the Public Employment Relations Board, the Department of Industrial Relations, and the State Athletic Commission.This bill would enact the Excluded Employee Arbitration Act to permit an employee organization that represents an excluded employee who has filed certain grievances with the Department of Human Resources to request binding arbitration of the grievance if specified conditions are met. The bill would require the designation of a standing panel of arbitrators and, under specified circumstances, the provision of arbitrators from the California State Mediation and Conciliation Service within the Public Employment Relations Board. The bill would then require the arbitrator to be chosen in a specified manner and would prescribe the duties of that arbitrator. This bill contains other related provisions.

 

 

Memo:

 

Co-Sponsor letter sent to Author -- 01/31/22

Co-Sponsor letter sent to Asm. PE&R -- 02/04/22

Co-Sponsor letter sent to Asm. JUD -- 02/04/22

Co-Sponsor letter sent to Asm. APPR-- 04/05/22

 

SB 1406

(Durazo D)   Excluded employees: binding arbitration.

 

Current Text: Introduced: 2/18/2022  html   pdf

 

Introduced: 2/18/2022

 

Status: 5/2/2022-May 2 hearing: Placed on APPR suspense file.

 

Location: 5/2/2022-S. APPR. SUSPENSE FILE

 

Summary: Existing law, the Bill of Rights for State Excluded Employees, permits, among other things, excluded employee organizations to represent their excluded members in their employment relations, including grievances, with the state. That law defines excluded employees as all managerial employees, confidential employees, supervisory employees, and specified employees of the Department of Personnel Administration, the Department of Finance, the Controller’s office, the Legislative Counsel Bureau, the Bureau of State Audits, the Public Employment Relations Board, the Department of Industrial Relations, and the State Athletic Commission.This bill would enact the Excluded Employee Arbitration Act to permit an employee organization that represents an excluded employee who has filed certain grievances with the Department of Human Resources to request binding arbitration of the grievance if specified conditions are met. The bill would require the designation of a standing panel of arbitrators and, under specified circumstances, the provision of arbitrators from the California State Mediation and Conciliation Service within the Public Employment Relations Board. The bill would then require the arbitrator to be chosen in a specified manner and would prescribe the duties of that arbitrator. This bill contains other related provisions.

 

 

Memo:

 

Co-Sponsor letter sent to Author -- 04/12/22

Co-Sponsor letter sent to Sen. JUD -- 04/12/22

Co-Sponsor letter sent to Sen. LPE&R -- 04/14/22

Co-Sponsor letter sent to Sen. APPR -- 4/28/22

 

Support

 

AB 84

(Committee on Budget)   Employment: COVID-19: supplemental paid sick leave.

 

Current Text: Amended: 2/2/2022  html   pdf

 

Introduced: 12/7/2020

 

Last Amend: 2/2/2022

 

Status: 2/9/2022-Re-referred to Com. on B. & F.R.

 

Location: 2/9/2022-S. BUDGET & F.R.

 

Summary: (1)Existing law, the Healthy Workplaces, Healthy Families Act of 2014, entitles an employee who works in California for the same employer for 30 or more days within a year from the commencement of employment to paid sick days. Under existing law, an employee accrues paid sick days at a rate of not less than one hour per every 30 hours worked, subject to certain use, accrual, and yearly carryover limitations. Existing law requires the Labor Commissioner to enforce the act and provides for procedures, including investigation and hearing, and for remedies and penalties.Existing law, until December 31, 2020, provided for COVID-19 food sector supplemental paid sick leave for food sector workers and required a hiring entity to provide COVID-19 food sector supplemental paid sick leave, as described, to each food sector worker unable to work due to specified reasons relating to COVID-19. Existing law also established, until December 31, 2020, COVID-19 supplemental paid sick leave for covered workers, including certain persons employed by private businesses of 500 or more employees or persons employed as certain types of health care providers or emergency responders by public or private entities.Existing law, until September 30, 2021, provided for COVID-19 supplemental paid sick leave for covered employees, in-home supportive service providers, and personal waiver care service providers who were unable to work or telework due to certain reasons related to COVID-19, including that the employee or provider was advised by a health care provider to self-quarantine due to concerns related to COVID-19. Existing law entitled a covered employee or provider to 80 hours of COVID-19 supplemental paid sick leave, as specified, and set the compensation for that leave.This bill, beginning January 1, 2022, until September 30, 2022, would provide for COVID-19 supplemental paid sick leave for covered employees who are unable to work or telework due to certain reasons related to COVID-19, including that the employee is attending a COVID-19 vaccine or vaccine booster appointment for themselves or a family member, or is experiencing symptoms, or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster. The bill would entitle a covered employee to 40 hours of COVID-19 supplemental paid sick leave if that employee either works full time or was scheduled to work, on average, at least 40 hours per week for the employer in the 2 weeks preceding the date the covered employee took COVID-19 supplemental paid sick leave. The bill would provide a different calculation for supplemental paid sick leave for a covered employee who is a firefighter subject to certain work schedule requirements and for a covered employee working fewer or variable hours, as specified.This bill would entitle a covered employee, in addition to the COVID-19 supplemental paid sick leave described above, to take up to 40 more hours of COVID-19 supplemental paid sick leave if the covered employee, or a family member for whom the covered employee is providing care, tests positive for COVID-19. The bill would authorize the employer to require the covered employee, if that employee tests positive, to submit to another test on or after the fifth day after the first positive test and provide documentation of those results. The bill would also authorize the employer to require the covered employee to provide documentation of a family member’s test result before paying the additional COVID-19 supplemental paid sick leave, as applicable. The bill would specify that the employer has no obligation to provide additional COVID-19 supplemental paid sick leave if the employee refuses to provide documentation of a test result.This bill would provide that the total number of hours of COVID-19 supplemental paid sick leave to which a covered employee is entitled to under these provisions is in addition to any paid sick leave available under the Healthy Workplaces, Healthy Families Act of 2014, and in addition to prior COVID-19 supplemental paid sick leave the employee was entitled to, as specified.This bill would specify the compensation rate for a nonexempt and exempt covered employees. The bill would require the Labor Commissioner to enforce these COVID-19 supplemental paid sick leave provisions, as provided. The bill would also require the Labor Commissioner to make publicly available a model notice relating to COVID-19 supplemental paid sick leave.This bill would also provide for COVID-19 supplemental paid sick leave for specified in-home supportive service providers and personal waiver care service providers, as defined, who are unable to work or telework due to certain reasons related to COVID-19. Under the bill, a provider would be entitled to COVID-19 supplemental paid leave for the same reasons as a covered employee. The bill would entitle a provider to up to 40 hours of COVID-19 supplemental paid leave, if the provider worked or was scheduled to work, on average, at least 40 hours per week, as specified, or met certain other work conditions, and entitle a provider to take additional COVID-19 supplemental paid sick leave under specified conditions. The bill would set the compensation rate for this supplemental paid sick leave, as specified. The bill would authorize the State Department of Social Services and the State Department of Health Care Services to implement, interpret, or make these provisions specific by means of all-county letters or similar instructions, without taking any regulatory action.This bill would make these requirements, with respect to covered employees, in-home supportive service providers, and personal waiver care service providers, to provide COVID-19 supplemental paid sick leave take effect 10 days after the date of enactment of the bill and would apply these provisions retroactively to January 1, 2022, as specified. The bill would provide that the requirement to provide COVID-19 supplemental paid sick leave would apply until September 30, 2022, as specified.(2)This bill would appropriate $100,000 from the General Fund to the Labor Commissioner to implement the provisions related to the COVID-19 supplemental paid sick leave, as specified.(3)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

 

 

AB 142

(Committee on Budget)   State employment: State Bargaining Units: memoranda of understanding: addenda.

 

Current Text: Amended: 2/1/2022  html   pdf

 

Introduced: 1/8/2021

 

Last Amend: 2/1/2022

 

Status: 2/9/2022-Re-referred to Com. on B. & F.R.

 

Location: 2/9/2022-S. BUDGET & F.R.

 

Summary: 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. Existing law requires the Department of Human Resources to provide a memorandum of understanding to the Legislative Analyst who then has 10 calendar days from the date the tentative agreement is received to issue a fiscal analysis to the Legislature. Existing law prohibits the memorandum of understanding from being subject to legislative determination until either the Legislative Analyst has presented a fiscal analysis of the memorandum of understanding or until 10 calendar days has elapsed since the memorandum was received by the Legislative Analyst.This bill, notwithstanding the above provisions, would approve provisions of agreements entered into between the state employer and State Bargaining Units 2, 7, 9, 10, 12, and 13. The bill would provide that the provisions of the addenda included above that require the expenditure of funds will not take effect unless funds for these provisions are specifically appropriated by the Legislature. The bill would authorize the state employer or these state bargaining units to reopen negotiations if funds for these provisions are not specifically appropriated by the Legislature. The bill would require the provisions of these agreements that require the expenditure of funds to become effective even if the provisions are approved by the Legislature in legislation other than the annual Budget Act.

 

 

AB 316

(Cooper D)   State employees: pay equity: under-represented groups.

 

Current Text: Amended: 3/4/2021  html   pdf

 

Introduced: 1/25/2021

 

Last Amend: 3/4/2021

 

Status: 9/10/2021-Failed Deadline pursuant to Rule 61(a)(15). (Last location was INACTIVE FILE on 9/8/2021)(May be acted upon Jan 2022)

 

Location: 9/10/2021-S. 2 YEAR

 

Summary: Existing law prohibits an employer, including both public and private employers, from paying any of its employees at wage rates less than the rates paid to employees of the opposite sex or another race or ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, unless the employer demonstrates the wage differential is based upon specified factors including, but not limited to, a seniority system, a merit system, or a system that measures earnings based on quality or quantity of production.Existing law establishes the Department of Human Resources (department) and requires the department to administer the Personnel Classification Plan, including allocating every position to the appropriate class. Existing law requires the allocation of a position to a class be derived from, and determined by, ascertaining the duties and responsibilities of the position, and be based on the principle that all positions are to be included in the same class if certain qualifications apply, including, but not limited to, that the positions are sufficiently similar in respect to duties and responsibilities that the same descriptive title may be used, and substantially the same requirements as to education, experience, knowledge, and ability are demanded of incumbents. This bill would require the department, prior to January 1, 2023, and every 2 years thereafter, to prepare a report on gender and ethnicity pay equity in each classification under the Personnel Classification Plan where there is an underrepresentation of women and minorities. The bill would require the report to contain a plan for each state agency to attain pay equity that is consistent with existing state and federal law if a discrepancy is found, a plan to recruit, attract, and retain women and minorities that is consistent with existing state and federal law in positions where there is an underrepresentation of those groups, and each state agency’s efforts that are consistent with state and federal law toward meeting the goals for wage parity and increasing the number of women and minorities in the state agency. The bill would require the department to submit the report to the Legislature no later than January 1 following the completion of the report. The bill would further require the head of each state agency, or their representative, to present the facts and findings from the report for that state agency to the appropriate legislative budget committees when the budget of that state agency is before the subcommittee. This bill contains other existing laws.

 

 

Memo:

 

Support letter sent to Author -- 4/13/20

Support letter sent to Asm. PE&R -- 4/13/20

Support letter sent to Asm. APPR -- 4/23/20

Support letter sent to Sen. LPE&R -- 6/11/21

Support letter sent to Sen. APPR -- 8/16/21

 

SB 114

(Committee on Budget and Fiscal Review)   Employment: COVID-19: supplemental paid sick leave.

 

Current Text: Chaptered: 2/9/2022  html   pdf

 

Introduced: 1/8/2021

 

Last Amend: 2/2/2022

 

Status: 2/9/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 4, Statutes of 2022.

 

Location: 2/9/2022-S. CHAPTERED

 

Summary: Existing law, the Healthy Workplaces, Healthy Families Act of 2014, entitles an employee who works in California for the same employer for 30 or more days within a year from the commencement of employment to paid sick days. Under existing law, an employee accrues paid sick days at a rate of not less than one hour per every 30 hours worked, subject to certain use, accrual, and yearly carryover limitations. Existing law requires the Labor Commissioner to enforce the act and provides for procedures, including investigation and hearing, and for remedies and penalties.This bill, beginning January 1, 2022, until September 30, 2022, would provide for COVID-19 supplemental paid sick leave for covered employees who are unable to work or telework due to certain reasons related to COVID-19, including that the employee is attending a COVID-19 vaccine or vaccine booster appointment for themselves or a family member, or is experiencing symptoms, or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster. The bill would entitle a covered employee to 40 hours of COVID-19 supplemental paid sick leave if that employee works full time or was scheduled to work, on average, at least 40 hours per week for the employer in the 2 weeks preceding the date the covered employee took COVID-19 supplemental paid sick leave. The bill would provide a different calculation for supplemental paid sick leave for a covered employee who is a firefighter subject to certain work schedule requirements and for a covered employee working fewer or variable hours, as specified. This bill contains other related provisions and other existing laws.

 

 

SB 117

(Committee on Budget and Fiscal Review)   State employment: State Bargaining Units: memoranda of understanding: addenda.

 

Current Text: Chaptered: 2/9/2022  html   pdf

 

Introduced: 1/8/2021

 

Last Amend: 2/2/2022

 

Status: 2/9/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 6, Statutes of 2022.

 

Location: 2/9/2022-S. CHAPTERED

 

Summary: 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. Existing law requires the Department of Human Resources to provide a memorandum of understanding to the Legislative Analyst who then has 10 calendar days from the date the tentative agreement is received to issue a fiscal analysis to the Legislature. Existing law prohibits the memorandum of understanding from being subject to legislative determination until either the Legislative Analyst has presented a fiscal analysis of the memorandum of understanding or until 10 calendar days has elapsed since the memorandum was received by the Legislative Analyst. This bill, notwithstanding the above provisions, would approve provisions of agreements entered into between the state employer and State Bargaining Units 2, 7, 9, 10, 12, and 13. The bill would provide that the provisions of the addenda included above that require the expenditure of funds will not take effect unless funds for these provisions are specifically appropriated by the Legislature. The bill would authorize the state employer or these state bargaining units to reopen negotiations if funds for these provisions are not specifically appropriated by the Legislature. The bill would require the provisions of these agreements that require the expenditure of funds to become effective even if the provisions are approved by the Legislature in legislation other than the annual Budget Act. This bill contains other related provisions and other existing laws.

 

 

SB 835

(Newman D)   Employee benefits: Legislature: employees and officers: benefits.

 

Current Text: Amended: 3/15/2022  html   pdf

 

Introduced: 1/6/2022

 

Last Amend: 3/15/2022

 

Status: 5/9/2022-Read third time. Passed. (Ayes 33. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.

 

Location: 5/9/2022-A. DESK

 

Summary: Existing law grants state employees certain health, dental, and vision benefits, and authorizes other public agencies, including the Legislature, to elect to contract for these benefits. Existing law, which is applicable to certain state employees, requires the state employer, upon the death of an employee while in state service, to continue to pay employer contributions for health, dental, and vision benefits for a period not to exceed 120 days, as specified. Existing law also requires in this context that the state employer provide certain information and notifications to surviving spouses and other eligible family members.This bill would require the Legislature, upon the death of a legislative employee while in service, to continue to pay employer contributions for health benefits for a period not to exceed 120 days, as specified, to the extent the benefits have been elected. The bill would specify, for these purposes, that the employer is the Senate or the Assembly, as may be applicable, and would identify the entities responsible for providing certain advisements to surviving spouses and other eligible family members.

 

 

Memo:

 

Support letter sent to Author -- 4/7/22

Support letter sent to Sen. LPE&R -- 4/7/22

Support letter sent to Sen. APPR -- 4/28/22

 

Watch

 

AB 551

(Rodriguez D)   Disability retirement: COVID-19: presumption.

 

Current Text: Amended: 5/9/2022  html   pdf

 

Introduced: 2/10/2021

 

Last Amend: 5/9/2022

 

Status: 5/9/2022-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

 

Location: 1/27/2022-S. RLS.

 

Summary: Existing law, until January 1, 2023, establishes a disability retirement presumption that is applicable to the members of various public employee retirement systems who are employed in certain firefighter, public safety officer, and health care job classifications, among others, who test positive for COVID-19, as specified. Existing law requires, if the member retires for disability on the basis, in whole or in part, of a COVID-19-related illness, that it be presumed that the disability arose out of, or in the course of, the member’s employment, unless rebutted. This bill would extend the operation of the provisions described above until January 1, 2025.

 

 

AB 1041

(Wicks D)   Employment: leave.

 

Current Text: Amended: 9/3/2021  html   pdf

 

Introduced: 2/18/2021

 

Last Amend: 9/3/2021

 

Status: 9/10/2021-Failed Deadline pursuant to Rule 61(a)(15). (Last location was INACTIVE FILE on 9/9/2021)(May be acted upon Jan 2022)

 

Location: 9/10/2021-S. 2 YEAR

 

Summary: (1)Existing law, commonly known as the California Family Rights Act, makes it an unlawful employment practice for any government employer or employer with 5 or more employees to refuse to grant a request by any employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period or who meets certain other requirements, to take up to a total of 12 workweeks in any 12-month period to, among other things, bond with a new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as specified.This bill would expand the population that an employee can take leave to care for to include a designated person. The bill would define "designated person" to mean a person identified by the employee at the time the employee requests family care and medical leave. The bill would authorize an employer to limit designation of a person, as prescribed. This bill contains other related provisions and other existing laws.

 

 

AB 1130

(Wood D)   California Health Care Quality and Affordability Act.

 

Current Text: Amended: 2/14/2022  html   pdf

 

Introduced: 2/18/2021

 

Last Amend: 2/14/2022

 

Status: 2/14/2022-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

 

Location: 2/14/2022-S. HEALTH

 

Summary: Existing law generally requires the State Department of Public Health to license, inspect, and regulate health facilities, including hospitals. Existing law requires health facilities to meet specified cost and disclosure requirements, including maintaining an understandable written policy regarding discount payments and charity.This bill would establish, within HCAI, the Office of Health Care Affordability to analyze the health care market for cost trends and drivers of spending, develop data-informed policies for lowering health care costs for consumers and purchasers, set and enforce cost targets, and create a state strategy for controlling the cost of health care and ensuring affordability for consumers and purchasers. The bill would also establish the Health Care Affordability Board, composed of 8 members, appointed as prescribed. This bill contains other related provisions and other existing laws.

 

 

AB 1624

(Ting D)   Budget Act of 2022.

 

Current Text: Introduced: 1/10/2022  html   pdf

 

Introduced: 1/10/2022

 

Status: 1/20/2022-Referred to Com. on BUDGET.

 

Location: 1/10/2022-A. BUDGET

 

Summary: This bill would make appropriations for the support of state government for the 2022–23 fiscal year. This bill contains other related provisions.

 

 

AB 1722

(Cooper D)   Public employees’ retirement: safety members: industrial disability retirement.

 

Current Text: Introduced: 1/27/2022  html   pdf

 

Introduced: 1/27/2022

 

Status: 4/6/2022-In committee: Set, first hearing. Referred to suspense file.

 

Location: 4/6/2022-A. APPR. SUSPENSE FILE

 

Summary: The Public Employees’ Retirement Law, until January 1, 2023, provides a state safety member of the Public Employees’ Retirement System who retires for industrial disability a retirement benefit equal to the greatest amount resulting from 3 possible calculations. In this regard, the benefit amount is based on an actuarially reduced service retirement, a service retirement allowance, if the member is qualified, or 50% of the member’s final compensation, plus an annuity purchased with their accumulated contributions, if any. Existing law establishes the Public Employees’ Retirement Fund, which is a trust fund that is appropriated continuously for various purposes, including the payment of benefits.This bill would delete the termination of these provisions on January 1, 2023, thereby making them operative in perpetuity. By providing that a continuously appropriated fund may be spent for a new purpose, this bill would make an appropriation. The bill also would make nonsubstantive style changes.

 

 

AB 1751

(Daly D)   Workers’ compensation: COVID-19: critical workers.

 

Current Text: Introduced: 2/1/2022  html   pdf

 

Introduced: 2/1/2022

 

Status: 4/27/2022-In committee: Set, first hearing. Referred to suspense file.

 

Location: 4/27/2022-A. APPR. SUSPENSE FILE

 

Summary: Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee, as defined, for injuries sustained in the course of employment. Existing law creates a disputable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of the employment. Existing law governs the procedures for filing a claim for workers’ compensation, including filing a claim form, and provides that an injury is presumed compensable if liability is not rejected within 90 days after the claim form is filed, as specified. Existing case law provides for how certain presumptions may be rebutted. Existing law defines "injury" for an employee to include illness or death resulting from the 2019 novel coronavirus disease (COVID-19) under specified circumstances, until January 1, 2023. Existing law create a disputable presumption, as specified, that the injury arose out of and in the course of the employment and is compensable, for specified dates of injury. Existing law requires an employee to exhaust their paid sick leave benefits and meet specified certification requirements before receiving any temporary disability benefits or, for police officers, firefighters, and other specified employees, a leave of absence. Existing law also make a claim relating to a COVID-19 illness presumptively compensable, as described above, after 30 days or 45 days, rather than 90 days. Existing law, until January 1, 2023, allows for a presumption of injury for all employees whose fellow employees at their place of employment experience specified levels of positive testing, and whose employer has 5 or more employees.This bill would extend the above-described provisions relating to COVID-19 until January 1, 2025. This bill contains other existing laws.

 

 

AB 1768

(Cooper D)   State employees: active duty compensation and benefits.

 

Current Text: Introduced: 2/2/2022  html   pdf

 

Introduced: 2/2/2022

 

Status: 5/5/2022-Read second time. Ordered to Consent Calendar.

 

Location: 5/4/2022-A. CONSENT CALENDAR

 

Calendar: 5/12/2022  #93  ASSEMBLY CONSENT CALENDAR 2ND DAY-ASSEMBLY BILLS

 

Summary: Existing law grants the right to certain compensation and benefits to state employees who, as members of the California National Guard or a United States military reserve organization, are ordered to active duty by Presidential determination, as specified, or in time of national emergency declared by the President of the United States or otherwise authorized by law. Existing law references specific provisions of federal law for purposes of identifying events that establish how long the affected state employees are required to receive these compensation and benefits, a period which is not to exceed 180 calendar days.This bill, for purposes of the above-described provisions, would delete the references to federal law. For purposes of establishing how long the affected state employees are required to receive these active duty compensation and benefits, the bill would refer instead to the provisions of California law that generally establish the right of state employees to compensation and benefits while on active duty, as described above. The bill would make other nonsubstantive changes.

 

 

AB 1801

(Nazarian D)   State holidays: Genocide Awareness Day.

 

Current Text: Amended: 4/7/2022  html   pdf

 

Introduced: 2/7/2022

 

Last Amend: 4/7/2022

 

Status: 4/27/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 26). Re-referred to Com. on APPR.

 

Location: 4/27/2022-A. APPR.

 

Calendar: 5/11/2022  9 a.m. - 1021 O Street, Room 1100  ASSEMBLY APPROPRIATIONS, HOLDEN, Chair

 

Summary: Existing law designates specific days as holidays in this state. Existing law designates holidays on which community colleges and public schools are required to close. Existing law entitles state employees, with specified exceptions, to be given time off with pay for specified holidays. Existing law designates optional bank holidays. This bill would add April 24, known as “Genocide Awareness Day,” to these lists of holidays. The bill would require community colleges and public schools to close on April 24. The bill would require the California State University, and request the University of California, to close campuses on April 24. The bill would require that state employees, with specified exceptions, be given time off with pay on April 24. This bill contains other related provisions and other existing laws.

 

 

AB 1824

(Committee on Public Employment and Retirement)   Public employees’ retirement.

 

Current Text: Amended: 3/7/2022  html   pdf

 

Introduced: 2/7/2022

 

Last Amend: 3/7/2022

 

Status: 5/4/2022-Referred to Com. on L., P.E. & R.

 

Location: 5/4/2022-S. L., P.E. & R.

 

Summary: Existing law, the Teachers’ Retirement Law (TRL), establishes the State Teachers’ Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers’ Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, creditable service, and age at retirement, subject to certain variations. STRS is administered by the Teachers’ Retirement Board. Existing law creates the Cash Balance Benefit Program, which is administered by the board, to provide a retirement plan for the benefit of participating employees who provide creditable service for less than 50% of full time. The TRL defines “creditable service” in connection with the Cash Balance Benefit Program with reference to specified activities performed for certain employers, including for a prekindergarten through grade 12 employer, as specified, and for a community college employer, as specified. STRS prescribes the activities that earn creditable service in this regard to include trustee service, as specified. This bill would revise the description of trustee service to link it to the definition of this service, which means duties performed by a member of the governing body of an employer. This bill contains other related provisions and other existing laws.

 

 

AB 1949

(Low D)   Employees: bereavement leave.

 

Current Text: Amended: 3/30/2022  html   pdf

 

Introduced: 2/10/2022

 

Last Amend: 3/30/2022

 

Status: 4/27/2022-In committee: Set, first hearing. Referred to suspense file.

 

Location: 4/27/2022-A. APPR. SUSPENSE FILE

 

Summary: Existing law, commonly known as the California Family Rights Act, which is a part of the California Fair Employment and Housing Act, makes it an unlawful employment practice for an employer, as defined, to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period for family care and medical leave, as specified. This bill would additionally make it an unlawful employment practice for an employer to refuse to grant a request by an eligible employee to take up to 5 days of bereavement leave upon the death of a family member, as defined. The bill would require that leave be completed within 3 months of the date of death. The bill would require that leave be taken pursuant to any existing bereavement leave policy of the employer. Under the bill, in the absence of an existing policy, the bereavement leave would be unpaid, however, the bill would authorize an employee to use certain other leave balances otherwise available to the employee, including accrued and available paid sick leave. This bill contains other related provisions and other existing laws.

 

 

AB 2133

(Medina D)   Wages: final payments.

 

Current Text: Amended: 3/23/2022  html   pdf

 

Introduced: 2/15/2022

 

Last Amend: 3/23/2022

 

Status: 3/31/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (March 30). Re-referred to Com. on APPR.

 

Location: 3/31/2022-A. APPR.

 

Calendar: 5/11/2022  9 a.m. - 1021 O Street, Room 1100  ASSEMBLY APPROPRIATIONS, HOLDEN, Chair

 

Summary: Existing law regulates the terms and conditions of employment, and, specifically, the payment of wages. Existing law generally requires that if an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately. Under existing law, an employer who lays off a group of seasonal employees, as specified, is deemed to have made immediate payment of the employees’ wages if the wages are paid within a reasonable time as may be necessary for their computation and payment, provided that the time may not exceed 72 hours. This bill would reduce the time limit on the payment of wages, as described above, to 48 hours.

 

 

AB 2443

(Cooley D)   Public employees’ retirement: federal law: limitation on benefits.

 

Current Text: Amended: 3/17/2022  html   pdf

 

Introduced: 2/17/2022

 

Last Amend: 3/17/2022

 

Status: 5/5/2022-Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 0.) In Senate. Read first time. To Com. on RLS. for assignment.

 

Location: 5/5/2022-S. RLS.

 

Summary: Existing law establishes the Legislators’ Retirement System, Public Employees’ Retirement System, the Judges’ Retirement System, and the Judges’ Retirement System II, all of which provide retirement and other benefits to their respective members and are administered by the Board of Administration of the Public Employees’ Retirement System. Existing federal law prescribes limits on the amount of retirement benefits that a member may receive if a retirement system is to maintain its tax-qualified status and may require that benefits from different retirement plans maintained by the same employer be aggregated. This bill, for purposes of the above-described retirement systems, would prescribe the method by which benefits are to be reduced when federal law requires aggregation of benefits from different plans maintained by the same employer and federal limits on benefits are reached.

 

 

AB 2493

(Chen R)   County employees’ retirement: disallowed compensation: benefit adjustments.

 

Current Text: Amended: 4/5/2022  html   pdf

 

Introduced: 2/17/2022

 

Last Amend: 4/5/2022

 

Status: 5/3/2022-In Senate. Read first time. To Com. on RLS. for assignment.

 

Location: 5/3/2022-S. RLS.

 

Summary: Existing law, the California Public Employees’ Pension Reform Act of 2013 (PEPRA), generally requires a public retirement system, as defined, to modify its plan or plans to comply with the act. PEPRA, among other things, establishes new defined benefit formulas and caps on pensionable compensation. This bill would similarly authorize a county retirement system to adjust retirement payments based on disallowed compensation for sworn peace officers and firefighters of that system. The bill would provide that if the retirement system determines that the compensation reported for a sworn peace officer or firefighter of the system is disallowed compensation, as defined, the system would require the county employer or agency to discontinue reporting the disallowed compensation. The bill would apply this to determinations made on or after July 30, 2020, if an appeal has been filed and the applicable member, retired member, survivor, or beneficiary has not exhausted their administrative or legal remedies. The bill would require, for an active sworn peace officer or firefighter, that all contribution made on the disallowed compensation be credited against future contributions to the benefit of the employer or agency that reported the disallowed compensation, and any contribution paid by, or on behalf of, that member, be returned to the member by the employer or agency, as specified. The bill would require, for a retired sworn peace officer or firefighter, survivor, or beneficiary whose final compensation was predicated upon the disallowed compensation, that contributions made on the disallowed compensation be credited against future contributions to the benefit of the employer or agency that reported the disallowed compensation and would require the system to permanently adjust the benefit of the affected retired member, survivor, or beneficiary to reflect the exclusion of the disallowed compensation. The bill would specify other conditions required to be satisfied with respect to a retired sworn peace officer or firefighter, survivor, or beneficiary whose final compensation was predicated upon disallowed compensation, including, among others, requiring payment of a penalty by the employer or agency that reported contributions on the disallowed compensation. The bill would also require certain information regarding the relevant retired member, survivor, or beneficiary needed for purposes of these provisions to be kept confidential by the recipient. This bill contains other related provisions and other existing laws.

 

 

AB 2860

(Arambula D)   Civil service: appointments: supervisory positions.

 

Current Text: Amended: 4/5/2022  html   pdf

 

Introduced: 2/18/2022

 

Last Amend: 4/5/2022

 

Status: 4/20/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 20). Re-referred to Com. on APPR.

 

Location: 4/20/2022-A. APPR.

 

Calendar: 5/11/2022  9 a.m. - 1021 O Street, Room 1100  ASSEMBLY APPROPRIATIONS, HOLDEN, Chair

 

Summary: Existing law, the State Civil Service Act, creates the Department of Human Resources, which succeeds to and is vested with all of the powers and duties exercised and performed by the Department of Personnel Administration. Existing law specifically grants the department the powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Article VII, among other provisions, exempts specific categories of officers and employees from civil service. Existing law requires vacancies in state civil service positions to be filled in a manner that is consistent with the best interests of the state from among employees holding positions in appropriate classes and requires promotional lists to be established to facilitate this purpose, except in limited cases. Existing law requires the appointing power in all cases not excepted or exempted by virtue of Article VII to fill positions by appointment, including cases of transfers, reinstatements, promotions, and demotions, in strict accordance with the act and, except as provided, to fill vacant positions from employment lists. Existing law permits the use of personal services contracts for purposes of cost savings when specified conditions are met, including when the potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by the state government. This bill, except as specified, would prohibit filling a vacancy in a position in a facility operated by the State Department of State Hospitals or by the California Department of Corrections and Rehabilitation that includes supervision of state civil service employees in specified State Bargaining Units other than by appointment of a permanent full-time civil service employee. This bill contains other existing laws.

 

 

SB 422

(Pan D)   Personal services contracts: state employees: physician and professional registry.

 

Current Text: Introduced: 2/12/2021  html   pdf

 

Introduced: 2/12/2021

 

Status: 9/10/2021-Failed Deadline pursuant to Rule 61(a)(15). (Last location was INACTIVE FILE on 9/9/2021)(May be acted upon Jan 2022)

 

Location: 9/10/2021-A. 2 YEAR

 

Summary: Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law permits the use of personal services contracts for purposes of cost savings when specified conditions are met, including when the potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by the state government.This bill would require the Department of Human Resources to establish, by March 1, 2022, a physician and professional registry composed of prescribed members of state bargaining units who are employed by the state. The bill would require the Department of Corrections and Rehabilitation and the State Department of State Hospitals to participate in the registry and to designate a coordinator for the registry. The bill would require an employee in the applicable bargaining units who elects to join the registry to notify the coordinator of their interest and provide the coordinator with their availability for work on a monthly basis. The bill would establish eligibility and compensation for registry work. The bill would require each state department employing physicians or professionals from the registry, by January 1, 2026, to conduct a study of the effectiveness of the registry to determine if the registry compensation rates were successful in addressing the operational needs for flexible services at a lower cost than contract registries. The bill would also require each such department to conduct and post on its internet website a semiannual survey of managers and employees to determine the efficacy of the registry. The bill would repeal these provisions on January 1, 2027.

 

 

SB 457

(Portantino D)   Public employee retirement systems: investment portfolios: divestment from Turkey.

 

Current Text: Introduced: 2/16/2021  html   pdf

 

Introduced: 2/16/2021

 

Status: 7/14/2021-Failed Deadline pursuant to Rule 61(a)(11). (Last location was P.E. & R. on 5/28/2021)(May be acted upon Jan 2022)

 

Location: 7/14/2021-A. 2 YEAR

 

Summary: The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the retirement fund and system. The California Constitution qualifies this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board. Existing law prescribes specified duties for the boards of administration of the Public Employees’ Retirement System and the State Teachers’ Retirement System in connection with investment in specified countries and, under certain conditions, limits the authority of the boards to invest in those countries.This bill would require the boards of administration of the Public Employees’ Retirement System and the State Teachers’ Retirement System to provide employers that are school districts and cities that participate in the systems an option to elect an investment portfolio that does not contain investment vehicles that are issued or owned by the government of the Republic of Turkey.

 

 

SB 840

(Skinner D)   Budget Act of 2022.

 

Current Text: Introduced: 1/10/2022  html   pdf

 

Introduced: 1/10/2022

 

Status: 1/11/2022-From printer.

 

Location: 1/10/2022-S. BUDGET & F.R.

 

Summary: This bill would make appropriations for the support of state government for the 2022–23 fiscal year. This bill contains other related provisions.

 

 

SB 1044

(Durazo D)   Employers: state of emergency or emergency condition: retaliation.

 

Current Text: Amended: 3/23/2022  html   pdf

 

Introduced: 2/15/2022

 

Last Amend: 3/23/2022

 

Status: 4/4/2022-April 4 hearing: Placed on APPR suspense file.

 

Location: 4/4/2022-S. APPR. SUSPENSE FILE

 

Summary: Existing law establishes within the Department of Industrial Relations the Division of Labor Standards Enforcement, under the direction of the Labor Commissioner. Existing law authorizes the division to enforce the Labor Code and all labor laws of the state the enforcement of which is not specifically vested in any other officer, board, or commission. Existing law prescribes comprehensive requirements relating to minimum wages, overtime compensation, and standards for working conditions for the protection of employees applicable to an employment relationship. This bill would prohibit an employer, in the event of a state of emergency or an emergency condition, as defined, from taking or threatening adverse action against any employee for refusing to report to, or leaving, a workplace within the affected area because the employee feels unsafe. The bill would also prohibit an employer from preventing any employee from accessing the employee’s mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating a person to confirm their safety. The bill would require an employee to notify the employer of the state of emergency or emergency condition requiring the employee to leave or refuse to report to the workplace, as specified. The bill would clarify that these provisions are not intended to apply when an official state of emergency remains in place but emergency conditions that pose an imminent and ongoing risk of harm to the workplace, the worker, or the worker’s home have ceased.

 

 

SB 1114

(Newman D)   Public Employees’ Retirement System.

 

Current Text: Introduced: 2/16/2022  html   pdf

 

Introduced: 2/16/2022

 

Status: 2/23/2022-Referred to Com. on RLS.

 

Location: 2/16/2022-S. RLS.

 

Summary: The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS), which provides a defined benefit to its members based on age at retirement, service credit, and final compensation, and prescribes the rate of employer contributions to PERS. Under PERL, an "employer" is defined for certain purposes generally to mean a contracting agency, except as specified. This bill would make a nonsubstantive change to that definition.

 

 

SB 1173

(Gonzalez D)   Public retirement systems: fossil fuels: divestment.

 

Current Text: Amended: 4/21/2022  html   pdf

 

Introduced: 2/17/2022

 

Last Amend: 4/21/2022

 

Status: 5/2/2022-May 2 hearing: Placed on APPR suspense file.

 

Location: 5/2/2022-S. APPR. SUSPENSE FILE

 

Summary: The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the retirement fund and system. These provisions qualify this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board. This bill would prohibit the boards of the Public Employees’ Retirement System and the State Teachers’ Retirement System from making new investments or renewing existing investments of public employee retirement funds in a fossil fuel company, as defined. The bill would require the boards to liquidate investments in a fossil fuel company on or before July 1, 2030. The bill would temporarily suspend the above-described liquidation provision upon a good faith determination by the board that certain conditions materially impact normal market mechanisms for pricing assets, as specified, and would make this suspension provision inoperative on January 1, 2035. The bill would provide that it does not require a board to take any action unless the board determines in good faith that the action is consistent with the board’s fiduciary responsibilities established in the California Constitution. This bill contains other related provisions and other existing laws.

 

Total Measures: 28

Total Tracking Forms: 28