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 (October 7, 2022)

 


 

ACSS Legislative Report

10/7/2022

   

 

Co-Sponsor

 

AB 1714

(Cooper D)   Excluded employees: binding arbitration.

 

Current Text: Vetoed: 9/19/2022  html   pdf

 

Introduced: 1/26/2022

 

Status: 9/18/2022-Vetoed by Governor.

 

Location: 9/18/2022-A. VETOED

 

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

Co-Sponsor letter sent to Sen. LPE&R -- 06/08/22

Co-Sponsor letter sent to Sen. APPR -- 07/28/22

Signature request letter sent to Governor -- 09/08/22

 

SB 1406

(Durazo D)   Excluded employees: binding arbitration.

 

Current Text: Vetoed: 9/19/2022  html   pdf

 

Introduced: 2/18/2022

 

Status: 9/18/2022-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

 

Location: 9/19/2022-S. VETOED

 

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

Co-Sponsor letter sent to Asm. JUD -- 6/23/22

Co-Sponsor letter sent to Asm. APPR -- 7/28/22

Signature request letter sent to Governor -- 09/08/22

 

Support

 

AB 152

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

 

Current Text: Chaptered: 9/29/2022  html   pdf

 

Introduced: 1/8/2021

 

Last Amend: 8/27/2022

 

Status: 9/29/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 736, Statutes of 2022.

 

Location: 9/29/2022-A. CHAPTERED

 

Summary: (1)Existing law establishes the Governor’s Office of Business and Economic Development, also known as GO-Biz, to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law prescribes the duties and functions of the Director of the Governor’s Office of Business and Economic Development.This bill would establish the California Small Business and Nonprofit COVID-19 Relief Grant Program within GO-Biz to assist qualified small businesses or nonprofits that are incurring costs for COVID-19 supplemental paid sick leave. The bill would require GO-Biz to provide grants to qualified small businesses or nonprofits, as defined. The bill would repeal these provisions on January 1, 2024. This bill contains other related provisions and other existing laws.

 

 

AB 316

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

 

Current Text: Chaptered: 9/13/2022  html   pdf

 

Introduced: 1/25/2021

 

Last Amend: 6/23/2022

 

Status: 9/13/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 312, Statutes of 2022.

 

Location: 9/13/2022-A. CHAPTERED

 

Summary: Existing law, the State Civil Services Act, requires each state agency to establish an equal opportunity plan which includes, at a minimum, identifying the areas of significant underutilization of specific groups based on race, ethnicity, and gender, within each department and job category level, as provided.This bill would require that each agency, prior to January 1, 2024, and once every 2 years thereafter, establish a plan to recruit, attract, and retain employees identified as belonging to these underutilized groups. The bill would further require that the Department of Human Resources, by January 1, 2024, develop and implement a monitoring and compliance program to address deficiencies, and provide guidance and recommendations. This bill contains other related provisions and 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

 

ACR 190

(Jones-Sawyer D)   Juneteenth.

 

Current Text: Chaptered: 8/19/2022  html   pdf

 

Introduced: 5/12/2022

 

Status: 8/19/2022-Chaptered by Secretary of State- Chapter 139, Statutes of 2022

 

Location: 8/19/2022-A. CHAPTERED

 

Summary: This measure would recognize June 19, 2022, as Juneteenth and would urge the people of California to join in celebrating Juneteenth as a day to honor and reflect on the significant role that African Americans have played in the history of the United States and how they have enriched society through their steadfast commitment to promoting unity and equality.

 

 

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: Chaptered: 8/26/2022  html   pdf

 

Introduced: 1/6/2022

 

Last Amend: 3/15/2022

 

Status: 8/26/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 189, Statutes of 2022.

 

Location: 8/26/2022-S. CHAPTERED

 

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

Support letter sent to Asm. APPR -- 7/28/22

 

SCR 109

(Bradford D)   Juneteenth.

 

Current Text: Chaptered: 8/19/2022  html   pdf

 

Introduced: 5/19/2022

 

Status: 8/19/2022-Chaptered by Secretary of State- Chapter 117, Statutes of 2022

 

Location: 8/19/2022-S. CHAPTERED

 

Summary: This measure would recognize June 19, 2022, as Juneteenth and would urge the people of California to join in celebrating Juneteenth as a day to honor and reflect on the significant role that African Americans have played in the history of the United States and how they have enriched society through their steadfast commitment to promoting unity and equality.

 

 

Oppose

 

AB 1133

(Chen R)   State employee hybrid pension system.

 

Current Text: Introduced: 2/18/2021  html   pdf

 

Introduced: 2/18/2021

 

Status: 2/1/2022-Died at Desk.

 

Location: 1/21/2022-A. DEAD

 

Summary: Existing law creates the Public Employees’ Retirement System (PERS), which offers a defined benefit pension and other benefits to its members based on age at retirement, service credit, and final compensation, subject to certain variations. Existing law generally provides that state employees become members of PERS upon employment. Existing law authorizes the Department of Personnel Administration to create a tax-deferred savings plan, which has been named Savings Plus, that permits state employees to build a retirement savings account using payroll deductions. The bill would state the intent of the Legislature to enact legislation that would create a hybrid retirement benefit, consisting of a defined benefit pension and a defined contribution program, within the Public Employees’ Retirement System, that state employees would have the option of electing.

 

 

AB 2782

(Mayes I)   Public employment: health benefits and reimbursement: Medicare.

 

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

 

Introduced: 2/18/2022

 

Status: 4/29/2022-Failed Deadline pursuant to Rule 61(b)(5). (Last location was P.E. & R. on 3/17/2022)

 

Location: 4/29/2022-A. DEAD

 

Summary: The Public Employees’ Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees’ Retirement System, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA prohibits employees, annuitants, and family members who become eligible to enroll on or after January 1, 1985, in Part A and Part B of Medicare from being enrolled in a basic health benefit plan. Existing provides that if the employee, annuitant, or family member is enrolled in Part A and Part B of Medicare, they may enroll in a Medicare health benefit plan. This bill would prohibit a person who enters into service with the state or any agency, department, authority, or instrumentality of the state or a contracting agency subject to PEMHCA, on or after January 1, 2023, from being reimbursed for, or receiving, any subsidy for health care expenses or coverage after retirement from service, if that the person is eligible to enroll in Part A and Part B of Medicare.

 

 

Memo:

 

Oppose letter sent to Author -- 4/8/22

Oppose letter sent to Asm. PE&R -- 4/8/22

 

Watch

 

AB 53

(Low D)   Election day holiday.

 

Current Text: Amended: 3/15/2021  html   pdf

 

Introduced: 12/7/2020

 

Last Amend: 3/15/2021

 

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

 

Location: 1/21/2022-A. DEAD

 

Summary: Existing law requires that an election for congressional and state elective offices be held on the first Tuesday after the first Monday in November of each even-numbered year. Existing law requires a presidential general election to be held on the first Tuesday after the first Monday in November in any year that is evenly divisible by the number 4. This bill would add the day on which a statewide general election is held, which is the first Tuesday after the first Monday in November of any even-numbered year, to these lists of holidays. The bill would require community colleges and public schools to close on any day on which a statewide general election is held. The bill would require the California State University, and request the University of California, to close campuses on a day on which a statewide general election is held. The bill would require that state employees, with specified exceptions, be given time off with pay for days on which a statewide general election is held. The bill would provide that the third Monday in February, also known as Washington Day, is observed only in odd-numbered years. This bill contains other related provisions and other existing laws.

 

 

AB 105

(Holden D)   The Upward Mobility Act of 2021: boards and commissions: civil service: examinations: classifications.

 

Current Text: Vetoed: 10/8/2021  html   pdf

 

Introduced: 12/14/2020

 

Last Amend: 8/31/2021

 

Status: 2/3/2022-Consideration of Governor's veto stricken from file.

 

Location: 10/8/2021-A. VETOED

 

Summary: Existing law provides that it is the policy of the State of California that the composition of state boards and commissions shall be broadly reflective of the general public, including ethnic minorities and women.This bill would require that, on or after January 1, 2022, all state boards and commissions consisting of one or more volunteer members have at least one board member or commissioner from an underrepresented community. The bill would define the term "board member or commissioner from an underrepresented community" as an individual who self-identifies as Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native; who self-identifies as gay, lesbian, bisexual, or transgender; who is a veteran, as defined; or who has a disability, as defined. The bill would apply these requirements only as vacancies on state boards and commissions occur. This bill contains other related provisions and other existing laws.

 

 

AB 214

(Ting D)   Budget Act of 2021.

 

Current Text: Introduced: 1/8/2021  html   pdf

 

Introduced: 1/8/2021

 

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

 

Location: 1/31/2022-A. DEAD

 

Summary: This bill would make appropriations for the support of state government for the 2021–22 fiscal year. This bill contains other related provisions.

 

 

AB 230

(Voepel R)   Employment: flexible work schedules.

 

Current Text: Introduced: 1/12/2021  html   pdf

 

Introduced: 1/12/2021

 

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

 

Location: 1/14/2022-A. DEAD

 

Summary: Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law authorizes the adoption by 2/3 of employees in a work unit of alternative workweek schedules providing for workdays no longer than 10 hours within a 40-hour workweek.This bill would enact the Workplace Flexibility Act of 2021. The bill would permit an individual nonexempt employee to request an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek, and would allow an employer to implement this schedule without the obligation to pay overtime compensation for those additional hours in a workday, except as specified. The bill would require that the flexible work schedule contain specified information and the employer’s and the employee’s original signature. The bill would also require the Division of Labor Standards Enforcement in the Department of Industrial Relations to enforce this provision and adopt regulations.

 

 

AB 314

(Gonzalez, Lorena D)   Collective bargaining: Legislature.

 

Current Text: Introduced: 1/25/2021  html   pdf

 

Introduced: 1/25/2021

 

Status: 2/1/2022-Died at Desk.

 

Location: 1/14/2022-A. DEAD

 

Summary: Existing law, the Ralph C. Dills Act (Dills Act), governs collective bargaining between the state and recognized state public employee organizations. Existing law excludes certain employees from coverage under the Dills Act, including, among others, managerial employees, supervisory employees, and confidential employees, as defined. Existing law creates the Public Employment Relations Board and authorizes it, among other things, to determine appropriate state employee bargaining units, as specified. This bill would enact the Legislature Employer-Employee Relations Act, to provide employees of the Legislature, including some supervisory and managerial employees, the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. The bill would prescribe rights, duties, and prohibitions in this context that parallel those in the Dills Act. The bill would prohibit the Public Employment Relations Board from including employees of the Legislature in a bargaining unit that includes employees other than those of the Legislature. The bill would make it a misdemeanor for any person to willfully resist, prevent, impede, or interfere with any member of the board, or any of its agents, in the performance of duties pursuant to its provisions. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would provide that the provisions of the Legislature Employer-Employee Relations Act are severable. This bill contains other related provisions and other existing laws.

 

 

AB 410

(Fong R)   Licensed registered nurses and licensed vocational nurses: Nurse Licensure Compact.

 

Current Text: Amended: 3/25/2021  html   pdf

 

Introduced: 2/3/2021

 

Last Amend: 3/25/2021

 

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

 

Location: 1/14/2022-A. DEAD

 

Summary: Existing law, the Nursing Practice Act, provides for the licensure and regulation of the practice of nursing by the Board of Registered Nursing. The Vocational Nursing Practice Act provides for the licensure and regulation of vocational nurses by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. The Nursing Practice Act establishes the Board of Registered Nursing Fund and the Vocational Nursing Practice Act establishes the Vocational Nursing and Psychiatric Technicians Fund.This bill would enact the Nurse Licensure Compact, under which the Board of Registered Nursing and the Board of Vocational Nursing and Psychiatric Technicians would be authorized to issue a multistate license that would authorize the holder to practice as a registered nurse or a licensed vocational nurse, as applicable, in all party states under a multistate licensure privilege, as specified. The bill would designate the Board of Registered Nursing as the licensing board for registered nurses for purposes of the compact and would designate the Board of Vocational Nursing and Psychiatric Technicians as the licensing board for vocational nurses for purposes of the compact. The bill would require the boards to participate in a coordinated licensure information system that would include all of the licensure and disciplinary history of all licensed registered nurses and licensed vocational nurses. The bill would provide that the Board of Registered Nursing and the Board of Vocational Nursing and Psychiatric Technicians shall alternate as the administrator of the compact for the state and as members of an entity known as the Interstate Commission of Nurse Licensure Compact Administrators. The bill would authorize the commission to adopt rules that have the force and effect of law. The bill would prohibit fees collected by the Board of Registered Nursing or the Board of Vocational Nursing and Psychiatric Technicians for purposes of granting a multistate license pursuant to the bill from exceeding the cost of administering that multistate license under the compact and would require those fees to be deposited in the Board of Registered Nursing Fund or the Board of Vocational Nursing and Psychiatric Technicians Fund, as applicable. This bill contains other related provisions and other existing laws.

 

 

AB 507

(Kalra D)   Health care service plans: review of rate increases.

 

Current Text: Introduced: 2/9/2021  html   pdf

 

Introduced: 2/9/2021

 

Status: 2/1/2022-Died at Desk.

 

Location: 1/21/2022-A. DEAD

 

Summary: Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law requires a health care service plan in the individual, small group, or large group markets to file rate information with the Department of Managed Health Care, as specified. Existing law requires the information submitted to be made publicly available, except as specified, and requires the department and the health care service plan to make specified information, including justification for an unreasonable rate increase, readily available to the public on their internet websites in plain language.This bill would make technical, nonsubstantive changes to those provisions.

 

 

AB 510

(Wood D)   Out-of-network health care benefits.

 

Current Text: Introduced: 2/9/2021  html   pdf

 

Introduced: 2/9/2021

 

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

 

Location: 1/21/2022-A. DEAD

 

Summary: Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law provides for the regulation of health insurers by the Department of Insurance. If an enrollee or insured receives services under a health care service plan contract or health insurance policy issued, amended, or renewed on or after July 1, 2017, that includes coverage for out-of-network benefits, existing law authorizes a noncontracting individual health professional to bill or collect the out-of-network cost-sharing amount directly from the enrollee or insured if specified criteria are met, including that the enrollee or insured consents in writing to receive services from the noncontracting individual health professional at least 24 hours in advance of care. Existing law requires the consent to advise the enrollee or insured that they may seek care from a contracted provider for lower out-of-pocket costs and to be provided in the language spoken by the enrollee or insured, as specified.This bill would instead authorize a noncontracting individual health professional, excluding specified professionals, to bill or collect the out-of-network cost-sharing amount directly from the enrollee or insured receiving services under a health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2022, if the enrollee consents in writing or electronically at least 72 hours in advance of care. The bill would require the consent to include a list of contracted providers at the facility who are able to provide the services and to be provided in the 15 most commonly used languages in the facility’s geographic region.

 

 

AB 551

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

 

Current Text: Chaptered: 9/29/2022  html   pdf

 

Introduced: 2/10/2021

 

Last Amend: 6/28/2022

 

Status: 9/29/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 741, Statutes of 2022.

 

Location: 9/29/2022-A. CHAPTERED

 

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, 2024.

 

 

AB 650

(Muratsuchi D)   Employer-provided benefits: health care workers: COVID-19: hazard pay retention bonuses.

 

Current Text: Amended: 6/1/2021  html   pdf

 

Introduced: 2/12/2021

 

Last Amend: 6/1/2021

 

Status: 2/1/2022-Died on inactive file.

 

Location: 2/1/2022-A. DEAD

 

Summary: Existing law, the Healthy Workplaces, Healthy Families Act of 2014, requires employers to provide an employee, who works in California for 30 or more days within a year from the commencement of employment, with paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. Existing law authorizes an employer to limit an employee’s use of paid sick days to 24 hours or 3 days in each year of employment. Existing law charges the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement, with enforcement of various labor laws.This bill, the Health Care Workers Recognition and Retention Act, would require a covered employer, as defined, to pay hazard pay retention bonuses in the prescribed amounts on January 1, 2022, April 1, 2022, July 1, 2022, and October 1, 2022, to each covered health care worker, as defined, that it employs. This bill contains other related provisions.

 

 

AB 1019

(Holden D)   Public employee retirement systems: prohibited investments: Turkey.

 

Current Text: Introduced: 2/18/2021  html   pdf

 

Introduced: 2/18/2021

 

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

 

Location: 1/14/2022-A. DEAD

 

Summary: Existing California Constitution provisions grant 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, in addition, prohibit state trust moneys from being used to make additional or new investments or to renew existing investments in investment vehicles issued or owned by the government of Turkey, unless the government adopts a policy to acknowledge the Armenian Genocide and embark on a path of affording justice to its victims. The bill would define "state trust moneys" to mean funds administered by specified state employee retirement funds, including the Public Employees’ Retirement Fund and the Legislators’ Retirement Fund. This bill contains other existing laws.

 

 

AB 1028

(Seyarto R)   Telework Flexibility Act.

 

Current Text: Introduced: 2/18/2021  html   pdf

 

Introduced: 2/18/2021

 

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

 

Location: 1/14/2022-A. DEAD

 

Summary: Existing law, with various exceptions, generally establishes 8 hours as a day’s work and a 40-hour workweek and requires the payment of prescribed overtime compensation for additional hours worked. This bill would permit an individual nonexempt employee to request an employee-selected remote work flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek and would allow an employer to implement this schedule without the obligation to pay overtime compensation for those additional hours in a workday, except as specified. The authorization would apply only if an employee is working remotely and not under the physical control of the employer. The bill would require that the flexible work schedule contain specified information and the employer’s and the employee’s original signatures. The bill would except split shift premiums from application to the work of employees who are working an employee-selected remote work flexible work schedule. The bill would require the Division of Labor Standards Enforcement in the Department of Industrial Relations to enforce this provision and adopt regulations. This bill contains other related provisions and other existing laws.

 

 

AB 1032

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

 

Current Text: Amended: 3/18/2021  html   pdf

 

Introduced: 2/18/2021

 

Last Amend: 3/18/2021

 

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

 

Location: 1/14/2022-A. DEAD

 

Summary: Existing law requires a state employee who, as a member of the California National Guard or a United States military reserve organization, is ordered to active duty by Presidential determination that it is necessary to augment the active forces for any operational mission, or when in time of national emergency declared by the President or otherwise authorized by law, to receive the difference between the amount of the state employee’s military pay and the amount they would have received as a state employee, and all benefits the state employee would have received had they not served on active duty, as specified, for the duration of the event for a period not to exceed 180 days.Existing law limits the events in which a state employee may be ordered to active duty by the President to specified emergencies under federal law, including an emergency involving a use or threatened use of a weapon of mass destruction.This bill would extend the period of pay and benefits for a state employee who is a member of the California National Guard or a United States military reserve organization and is ordered to active duty to 365 days, and would authorize the Governor to extend that period for up to an additional 1,460 days by executive order. The bill would remove the limitations regarding the specific events for which the President may order the state employee to active duty, but would retain the requirement that the order to active duty be pursuant to a Presidential determination that it is necessary to augment the active forces for any operational mission or a time of national emergency declared by the President or otherwise authorized by law.

 

 

AB 1041

(Wicks D)   Employment: leave.

 

Current Text: Chaptered: 9/29/2022  html   pdf

 

Introduced: 2/18/2021

 

Last Amend: 8/16/2022

 

Status: 9/29/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 748, Statutes of 2022.

 

Location: 9/29/2022-A. CHAPTERED

 

Summary: (1)Existing law, commonly known as the California Family Rights Act, makes it an unlawful employment practice for a California public employer or an employer with 5 or more employees to refuse to grant a request from an employee who meets specified requirements to take up to a total of 12 workweeks in any 12-month period for family care and medical leave, as defined.This bill would expand the class of people for whom an employee may take leave to care for to include a designated person. The bill would define “designated person” to mean any individual related by blood or whose association with the employee is the equivalent of a family relationship. The bill would authorize a designated person to be identified at the time the employee requests the leave. The bill would authorize an employer to limit an employee to one designated person per 12-month period. This bill contains other related provisions and other existing laws.

 

 

AB 1063

(Voepel R)   State employment: memoranda of understanding: ancillary agreements.

 

Current Text: Introduced: 2/18/2021  html   pdf

 

Introduced: 2/18/2021

 

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

 

Location: 1/14/2022-A. DEAD

 

Summary: Existing law prohibits provisions of the memorandum of understanding between the state employer and a recognized employee organization that require the expenditure of funds from becoming effective unless approved by the Legislature in the annual Budget Act. Existing law requires that any side letter, appendix, or other addendum to a ratified memorandum of understanding that requires the expenditure of $250,000 or more related to salary and benefits and that is not already contained in the original memorandum of understanding or the Budget Act be provided by the Department of Human Resources to the Joint Legislative Budget Committee. Existing law requires the Joint Legislative Budget Committee to determine if that side letter, appendix, or other addendum presents substantial additions that are not reasonably within the parameters of the original memorandum of understanding and requires ratification by legislative action. This bill would remove the requirement that the side letter, appendix, or other addendum requires the expenditure of $250,000 or more related to salary and benefits in connection with the provisions described above.

 

 

AB 1092

(Mayes I)   Public employees’ retirement: health benefits.

 

Current Text: Amended: 4/26/2021  html   pdf

 

Introduced: 2/18/2021

 

Last Amend: 4/26/2021

 

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

 

Location: 1/14/2022-A. DEAD

 

Summary: Existing law, the Public Employees’ Retirement Law (PERL), creates the Public Employees’ Retirement System (PERS), which provides defined benefits to its members based on age at retirement, service credit, and final compensation. PERL vests the Board of Administration of PERS with management and control of the system.This bill would preclude a person who has retired under PERS and who obtains work with a subsequent employer from receiving any health benefits offered under PEMHCA if the person’s subsequent employer offers health care coverage that provides reasonably comparable benefits. The bill would grant the person reinstatement rights upon termination of employment with the subsequent employer. The bill would authorize the board to request information regarding employment and health care coverage offered by a person’s subsequent employer. 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: 7/5/2022-Failed Deadline pursuant to Rule 61(b)(14). (Last location was S. HEALTH on 2/14/2022)

 

Location: 7/5/2022-S. DEAD

 

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 1131

(Wood D)   Health information network.

 

Current Text: Amended: 3/29/2021  html   pdf

 

Introduced: 2/18/2021

 

Last Amend: 3/29/2021

 

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

 

Location: 1/21/2022-A. DEAD

 

Summary: Existing law makes legislative findings and declarations on health information technology, including that there is a need to promote secure electronic health data exchange among specified individuals, such as health care providers and consumers of health care, and that specified federal law provides unprecedented opportunity for California to develop a statewide health information technology infrastructure to improve the state’s health care system. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. This bill would establish the statewide health information network (statewide HIN) governing board, an independent public entity not affiliated with an agency or department with specified membership, to provide the data infrastructure needed to meet California’s health care access, equity, affordability, public health, and quality goals, as specified. The bill would require the governing board to issue a request for proposals to select an operating entity with specified minimum capabilities to support the electronic exchange of health information between, and aggregate and integrate data from multiple sources within, the State of California, among other responsibilities. The bill would require the statewide HIN to take specified actions with respect to reporting on, and auditing the security and finances of, the health information network. The bill would require the statewide HIN to convene a health technology advisory committee with specified membership to advise the statewide HIN and set agendas, hold public meetings with stakeholders, and solicit external input on behalf of the statewide HIN This bill contains other existing laws.

 

 

AB 1301

(Gray D)   Labor Code: protections, obligations, and prohibitions: Legislature.

 

Current Text: Introduced: 2/19/2021  html   pdf

 

Introduced: 2/19/2021

 

Status: 2/1/2022-Died at Desk.

 

Location: 1/14/2022-A. DEAD

 

Summary: Existing law provides specified protections for employees and specified obligations and prohibitions for employers in regard to payment of wages, gratuities, working conditions, bonds and photographs required by employers, contracts and applications for employment, purchases by employees, employee working hours, agreements regarding joining or becoming a member of a labor organization or employer organization, solicitation of employees by misrepresentation, enrollment in drug and alcohol rehabilitation programs, employee political affiliations, public works, employee indemnification and contributory negligence, provision of health benefits, termination, and occupational safety and health. A violation of several of these provisions by an employer or an agent, manager, superintendent, or officer of an employer is a misdemeanor or infraction, as specified.This bill would expressly provide that these provisions apply to the Legislature and legislative employees, as specified. By expanding the scope of existing crimes, the bill would impose a state-mandated local program. The bill would declare the intent of the Legislature that these changes operate retroactively, except to the extent that retroactive operation would impose criminal liability for violations of law occurring before January 1, 2022. This bill contains other related provisions and other existing laws.

 

 

AB 1354

(Grayson D)   Public employees’ retirement.

 

Current Text: Introduced: 2/19/2021  html   pdf

 

Introduced: 2/19/2021

 

Status: 2/1/2022-Died at Desk.

 

Location: 1/21/2022-A. DEAD

 

Summary: Existing law, the California Public Employees’ Pension Reform Act of 2013, prescribes various limits on public employee retirement systems and public employers, as specified. The act generally prohibits a retired person from being employed by a public employer in the same public retirement system from which the retiree receives pension benefits without reinstatement from retirement into that system, subject to certain exceptions. This bill would make nonsubstantive changes to that provision.

 

 

AB 1460

(Bigelow R)   State employment: COVID-19 telework: costs.

 

Current Text: Introduced: 2/19/2021  html   pdf

 

Introduced: 2/19/2021

 

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

 

Location: 1/14/2022-A. DEAD

 

Summary: Existing law authorizes the Department of Human Resources (CalHR) to expend, in accordance with law, moneys made available for its use or for the administration of any statute administered by it. Existing law vests in CalHR the administration of salaries generally and provides for the payment of miscellaneous compensation under specified circumstances. Existing law requires CalHR to provide the extent to which, and establish the method by which, ordered overtime or overtime in times of critical emergency is compensated, as specified.This bill would authorize CalHR to provide a one-time payment of an unspecified amount to employees who have been required to telework as a result of the COVID-19 pandemic in order to offset costs associated with working remotely.

 

 

AB 1496

(Cooper D)   Educational employment relations: Public Employment Relations Board: investigations: unfair practices.

 

Current Text: Introduced: 2/19/2021  html   pdf

 

Introduced: 2/19/2021

 

Status: 2/1/2022-Died at Desk.

 

Location: 1/21/2022-A. DEAD

 

Summary: Existing law gives public school employees the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Existing law establishes the Public Employment Relations Board and gives the board specified powers relating to employer-employee relations, including investigating unfair practice charges filed by an employee, employee organization, or employer. Existing law gives the board exclusive jurisdiction to make an initial determination whether the charges of unfair practices are justified, and, if so, what remedy is necessary, as specified.This bill would make nonsubstantive changes to the latter provision.

 

 

AB 1528

(Santiago D)   Wages: final payments.

 

Current Text: Introduced: 2/19/2021  html   pdf

 

Introduced: 2/19/2021

 

Status: 2/1/2022-Died at Desk.

 

Location: 1/21/2022-A. DEAD

 

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. Existing law authorizes a state employee to provide for certain amounts, including those associated with unpaid vacation, to be contributed to specified supplemental retirement plans. Existing law also authorizes a state employee to defer certain payments until the next calendar year in certain circumstances. This bill would make nonsubstantive changes to these provisions.

 

 

AB 1624

(Ting D)   Budget Act of 2022.

 

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

 

Introduced: 1/10/2022

 

Status: 8/31/2022-Failed Deadline pursuant to Rule 61(b)(18). (Last location was BUDGET on 1/10/2022)

 

Location: 8/31/2022-A. DEAD

 

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: Chaptered: 9/19/2022  html   pdf

 

Introduced: 1/27/2022

 

Status: 9/18/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 404, Statutes of 2022.

 

Location: 9/19/2022-A. CHAPTERED

 

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: Chaptered: 9/29/2022  html   pdf

 

Introduced: 2/1/2022

 

Last Amend: 8/25/2022

 

Status: 9/29/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 758, Statutes of 2022.

 

Location: 9/29/2022-A. CHAPTERED

 

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.This bill would extend the above-described provisions relating to COVID-19 until January 1, 2024. The bill would also expand the above-described provisions applicable to firefighters and police officers to include active firefighting members of a fire department at the State Department of State Hospitals, the State Department of Developmental Services, the Military Department, and the Department of Veterans Affairs and to officers of a state hospital under the jurisdiction of the State Department of State Hospitals and the State Department of Developmental Services. This bill contains other existing laws.

 

 

AB 1761

(Voepel R)   Employment: flexible work schedules.

 

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

 

Introduced: 2/2/2022

 

Status: 4/29/2022-Failed Deadline pursuant to Rule 61(b)(5). (Last location was L. & E. on 2/10/2022)

 

Location: 4/29/2022-A. DEAD

 

Summary: Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law authorizes the adoption by 2/3 of employees in a work unit of alternative workweek schedules providing for workdays no longer than 10 hours within a 40-hour workweek.This bill would enact the Workplace Flexibility Act of 2022. The bill would permit an individual nonexempt employee to request an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek, and would allow an employer to implement this schedule without the obligation to pay overtime compensation for those additional hours in a workday, except as specified. The bill would require that the flexible work schedule contain specified information and the employer’s and the employee’s original signature. The bill would also require the Division of Labor Standards Enforcement in the Department of Industrial Relations to enforce this provision and adopt regulations.

 

 

AB 1768

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

 

Current Text: Vetoed: 8/29/2022  html   pdf

 

Introduced: 2/2/2022

 

Status: 8/29/2022-Vetoed by Governor.

 

Location: 8/29/2022-A. VETOED

 

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 the 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 Remembrance Day.

 

Current Text: Chaptered: 9/29/2022  html   pdf

 

Introduced: 2/7/2022

 

Last Amend: 8/18/2022

 

Status: 9/29/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 761, Statutes of 2022.

 

Location: 9/29/2022-A. CHAPTERED

 

Summary: Existing law designates specific days as holidays in this state. Existing law designates holidays on which community colleges and public schools are authorized to close pursuant to a memorandum of understanding between the governing board and represented employees, including “Native American Day” on the 4th Friday in September. Existing law entitles state employees, with specified exceptions, to be given time off with pay for specified holidays.This bill would add April 24, known as “Genocide Remembrance Day,” to the list of state holidays. The bill would authorize community colleges and public schools to close on April 24, known as “Genocide Remembrance Day,” as specified. The bill would authorize state employees to elect to take time off with pay in recognition of “Genocide Remembrance Day,” as specified. This bill contains other related provisions and other existing laws.

 

 

AB 1824

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

 

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

 

Introduced: 2/7/2022

 

Last Amend: 8/1/2022

 

Status: 9/2/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 231, Statutes of 2022.

 

Location: 9/2/2022-A. CHAPTERED

 

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: Chaptered: 9/29/2022  html   pdf

 

Introduced: 2/10/2022

 

Last Amend: 8/16/2022

 

Status: 9/29/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 767, Statutes of 2022.

 

Location: 9/29/2022-A. CHAPTERED

 

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 may 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

(Quirk D)   California Global Warming Solutions Act of 2006: emissions limit.

 

Current Text: Amended: 8/23/2022  html   pdf

 

Introduced: 2/15/2022

 

Last Amend: 8/23/2022

 

Status: 8/31/2022-Failed Deadline pursuant to Rule 61(b)(18). (Last location was CONCURRENCE on 8/31/2022)

 

Location: 8/31/2022-A. DEAD

 

Summary: The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. Under the act, the state board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by no later than December 31, 2030. Under the act, a violation of a rule, regulation, order, emission limitation, emission reduction measure, or other measure adopted by the state board under the act is a crime. This bill instead would require the state board to ensure that statewide greenhouse gas emissions are reduced to at least 55% below the 1990 level by no later than December 31, 2030. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

 

 

AB 2261

(Voepel R)   Employment relations: state.

 

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

 

Introduced: 2/16/2022

 

Status: 5/6/2022-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. PRINT on 2/16/2022)

 

Location: 5/6/2022-A. DEAD

 

Summary: The Ralph C. Dills Act provides that once an employee organization is recognized as the exclusive representative of an appropriate unit, it may enter into an agreement with the state employer providing for organizational security in the form of maintenance of membership or fair share fee deduction. The act provides that fair share fee deductions shall continue, until the effective date of a successor agreement or implementation of the state’s last, best, and final offer, whichever comes first. Existing law requires every employee organization subject to these provisions to keep itemized financial records and to make those records available within 90 days after the end of its fiscal year, as specified. This bill would shorten that timeframe and instead require the financial records to be made available within 60 days after the end of the fiscal year.

 

 

AB 2443

(Cooley D)   Judges’ Retirement System II: benefits.

 

Current Text: Chaptered: 9/25/2022  html   pdf

 

Introduced: 2/17/2022

 

Last Amend: 8/24/2022

 

Status: 9/25/2022-Approved by the Governor. Chaptered by Secretary of State - Chapter 531, Statutes of 2022.

 

Location: 9/25/2022-A. CHAPTERED

 

Summary: Existing law establishes the Judges’ Retirement System II, which provides retirement and other benefits to its members and is administered by the Board of Administration of the Public Employees’ Retirement System. Under the Judges’ Retirement System II, a judge is eligible to retire upon attaining both 65 years of age and 20 or more years of service, or upon attaining 70 years of age with a minimum of 5 years of service. Existing law entitles a judge who retires pursuant to this authorization to elect between a specified a monthly retirement allowance for life or certain monetary credits. Existing law grants the surviving spouse of a judge who was eligible to retire, as specified, the right to elect to receive either a monthly retirement allowance or monetary credits within 90 days after the judge’s death. Existing law establishes the right of the surviving spouse of a retired judge who elected to receive a monthly allowance, or who was retired for disability and receiving an allowance, to a specified monthly allowance. This bill, on and after January 1, 2024, and until January 1, 2029, would authorize a judge who is not eligible to retire pursuant to the provisions described above to elect to retire and defer receipt of a monthly allowance, subject to specified formulations. In order to be eligible for these benefits, the bill would require a judge to be at least 60 years of age and have 15 years or more of service or 65 years of age with a minimum of 10 years of service. The retirement allowances prescribed by the bill would be based on a judge’s final compensation and years of service credit adjusted by certain percentages that vary in relation to “full retirement age,” as defined, and when the judge retires. The bill would prohibit a retirement allowance calculated pursuant to these provisions from exceeding, at the time of retirement, 75 percent of a judge’s final compensation and would prohibit the calculation of the retirement allowance under these provisions from including more than 20 years of service. The bill would prescribe a process for electing these benefits. The bill would specify that a retirement pursuant to these provisions is a service retirement for purposes of law that regulates the employment of retired judges. This bill would also make conforming changes to account for the right to elect to retire and defer receipt of a monthly allowance in connection with the above-described rights of surviving spouses of judges. This bill contains other related provisions and other existing laws.

 

 

AB 2493

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

 

Current Text: Amended: 8/17/2022  html   pdf

 

Introduced: 2/17/2022

 

Last Amend: 8/17/2022

 

Status: 8/31/2022-Failed Deadline pursuant to Rule 61(b)(18). (Last location was CONCURRENCE on 8/31/2022)

 

Location: 8/31/2022-A. DEAD

 

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 require a retirement system established under CERL, upon determining that the compensation reported for a sworn peace officer or firefighter is disallowed compensation, to require the employer, as defined, to discontinue reporting the disallowed compensation. The bill would require, for an active sworn peace officer or firefighter, the retirement system to credit all contributions made on the disallowed compensation against future contributions to the benefit of the employer that reported the disallowed compensation, and return any contribution paid by, or on behalf of, that member, to the member by the employer that reported the disallowed compensation, except in certain circumstances in which a system has already initiated a process, as defined, to recalculate compensation. The bill would require the system, for a retired sworn peace officer or firefighter, survivor, or beneficiary whose final compensation was predicated upon the disallowed compensation, to credit the contributions made on the disallowed compensation against future contributions, to the benefit of the employer that reported the disallowed compensation, and to permanently adjust the benefit of the affected retired member, survivor, or beneficiary to reflect the exclusion of the disallowed compensation. The bill would establish other conditions required to be satisfied with respect to a retired sworn peace officer or firefighter, survivor, or beneficiary when final compensation was predicated upon disallowed compensation, including, among others, requiring a specified payment to be made by the employer that reported contributions on the disallowed compensation to the retired member, survivor, or beneficiary, as appropriate. The bill would authorize a retirement system that has initiated a process prior to July 1, 2022, to permanently adjust the benefit of the affected retired member, survivor, or beneficiary to reflect the exclusion of the disallowed compensation to use that system in lieu of specified provisions that the bill would enact. 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: 5/20/2022-Failed Deadline pursuant to Rule 61(b)(8). (Last location was A. APPR. SUSPENSE FILE on 5/11/2022)

 

Location: 5/20/2022-A. DEAD

 

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.

 

 

AB 2932

(Low D)   Workweek: hours and overtime.

 

Current Text: Amended: 3/24/2022  html   pdf

 

Introduced: 2/18/2022

 

Last Amend: 3/24/2022

 

Status: 4/29/2022-Failed Deadline pursuant to Rule 61(b)(5). (Last location was L. & E. on 3/24/2022)

 

Location: 4/29/2022-A. DEAD

 

Summary: Existing law defines and regulates the terms and conditions of employment. Existing law generally defines “workweek” for these purposes and requires that work in excess of 40 hours in a workweek be compensated at a rate of at least 1 1/2 times the employee’s regular rate of pay, subject to certain exceptions. Existing law makes a violation of these provisions a misdemeanor. This bill would instead require that work in excess of 32 hours in a workweek be compensated at the rate of no less than 1 1/2 times the employee’s regular rate of pay. The bill would require the compensation rate of pay at 32 hours to reflect the previous compensation rate of pay at 40 hours and would prohibit an employer from reducing an employee’s regular rate of pay as a result of this reduced hourly workweek requirement. The bill would exempt an employer with no more than 500 employees from the above provisions. By expanding the scope of a crime, this bill would impose a state-mandated local program

 

 

SB 112

(Skinner D)   Budget Act of 2021.

 

Current Text: Amended: 6/9/2021  html   pdf

 

Introduced: 1/8/2021

 

Last Amend: 6/9/2021

 

Status: 2/3/2022-Returned to Secretary of Senate pursuant to Joint Rule 56.

 

Location: 2/3/2022-S. DEAD

 

Summary: This bill would make appropriations for the support of state government for the 2021–22 fiscal year. This bill contains other related provisions.

 

 

SB 154

(Skinner D)   Budget Act of 2022.

 

Current Text: Chaptered: 6/27/2022  html   pdf

 

Introduced: 1/8/2021

 

Last Amend: 6/8/2022

 

Status: 6/27/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 43, Statutes of 2022.

 

Location: 6/27/2022-S. CHAPTERED

 

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 422

(Pan D)   Personal services contracts: state employees: physician registry for state hospitals.

 

Current Text: Vetoed: 9/28/2022  html   pdf

 

Introduced: 2/12/2021

 

Last Amend: 8/24/2022

 

Status: 9/28/2022-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

 

Location: 9/28/2022-S. VETOED

 

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 State Department of State Hospitals to establish, by January 1, 2024, a physician registry for the Patton State Hospital to be composed of members of State Bargaining Unit 16, and would establish compensation for registry work. The bill would require the department to conduct and post on its internet website a semiannual survey of managers and employees to determine the efficacy of the registry, and would also require the department, by January 10 of 2025, 2026, and 2027, to submit a report to the Legislature that includes 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, if the pilot program is demonstrated to save the state money overall based on the report due to the Legislature by January 10, 2026, require the department to extend and maintain the use of the physician registry for all state hospitals under its jurisdiction commencing January 1, 2027. The bill would make implementation of these provisions subject to an appropriation by the Legislature in the annual Budget Act or another statute for these purposes. This bill contains other existing laws.

 

 

SB 457

(Portantino D)   Personal income taxes: credit: reduction in vehicles.

 

Current Text: Vetoed: 9/28/2022  html   pdf

 

Introduced: 2/16/2021

 

Last Amend: 8/25/2022

 

Status: 9/28/2022-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

 

Location: 9/28/2022-S. VETOED

 

Summary: The Personal Income Tax Law allows various credits against the taxes imposed by the law. Existing law establishes the continuously appropriated Tax Relief and Refund Account and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including any amount to be paid as a refundable tax credit in excess of any tax liabilities. This bill, for taxable years beginning on or after January 1, 2023, and before January 1, 2028, would allow a credit against those taxes to a qualified taxpayer in an amount equal to $1,000 for each household with zero registered vehicles, as defined. The bill would require the qualified taxpayer to self-certify the number of registered vehicles owned by the qualified taxpayer and their dependents and by each entity in which the qualified taxpayer or their dependent holds a controlling interest, and that the qualified taxpayer and their dependent do not own or operate a vehicle within the state that is required to be registered with the Department of Motor Vehicles but is not. The bill would require the Department of Motor Vehicles to provide necessary taxpayer and vehicle information to the Franchise Tax Board for administration of the credit. For a qualified taxpayer that was allowed the California Earned Income Tax Credit, the bill would require amounts of this credit in excess of the tax liability be paid to the qualified taxpayer from the Tax Relief and Refund Account. By authorizing new refund payments to be paid from the continuously appropriated Tax Relief and Refund Account, the bill would make an appropriation. This bill contains other related provisions and other existing laws.

 

 

SB 840

(Skinner D)   Budget Act of 2022.

 

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

 

Introduced: 1/10/2022

 

Status: 8/31/2022-Failed Deadline pursuant to Rule 61(b)(18). (Last location was BUDGET & F.R. on 1/10/2022)

 

Location: 8/31/2022-S. DEAD

 

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: emergency condition: retaliation.

 

Current Text: Chaptered: 9/29/2022  html   pdf

 

Introduced: 2/15/2022

 

Last Amend: 8/15/2022

 

Status: 9/29/2022-Approved by the Governor. Chaptered by Secretary of State. Chapter 829, Statutes of 2022.

 

Location: 9/29/2022-S. CHAPTERED

 

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 an emergency condition, as defined, from taking or threatening adverse action against any employee for refusing to report to, or leaving, a workplace or worksite within the affected area because the employee has a reasonable belief that the workplace or worksite is unsafe, except as specified. The bill would also prohibit an employer from preventing any employee, including employees of public entities, as specified, from accessing the employee’s mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to confirm their safety. The bill would require an employee to notify the employer of the emergency condition requiring the employee to leave or refuse to report to the workplace or worksite, as specified. The bill would clarify that these provisions are not intended to apply when emergency conditions that pose an imminent and ongoing risk of harm to the workplace, the worksite, 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: 8/31/2022-Failed Deadline pursuant to Rule 61(b)(18). (Last location was RLS. on 2/16/2022)

 

Location: 8/31/2022-S. DEAD

 

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: 7/5/2022-Failed Deadline pursuant to Rule 61(b)(14). (Last location was A. P.E. & R. on 6/2/2022)

 

Location: 7/5/2022-A. DEAD

 

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: 56

Total Tracking Forms: 56