Sponsor

AB 1137

(Jones-Sawyer D)   Excluded employees.

Current Text: Introduced: 2/15/2023  html   pdf

Introduced: 2/15/2023

Status: 3/2/2023-Referred to Com. on P.E. & R.

Location: 3/2/2023-A. P.E. & R.

Calendar: 3/22/2023  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYMENT AND RETIREMENT, MCKINNOR, TINA, Chair

Summary: Existing law requires the Department of Human Resources to establish and adjust salary ranges for each class of position in the state civil service, subject to any merit limits contained in the California Constitution. Existing law provides that, after completion of the first year in a position, an employee shall receive a merit salary adjustment during each year when they meet the standards of efficiency, as prescribed by the department.This bill would require an employee who is excluded from the definition of “state employee” to be informed in writing of a merit salary adjustment denial 10 working days before the proposed effective date of the adjustment. This bill contains other related provisions and other existing laws.

Memo:

Sponsor letter sent to Author -- 3/13/23

Sponsor letter sent to Asm. PE&R -- 3/13/23

Support

SB 716

(Alvarado-Gil D)   Excluded employees: binding arbitration.

Current Text: Introduced: 2/16/2023  html   pdf

Introduced: 2/16/2023

Status: 3/1/2023-Referred to Coms. on L., P.E. & R. and JUD.

Location: 3/1/2023-S. L., P.E. & R.

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:

Support letter sent to Author -- 3/13/23

Support letter sent to Sen. LPE&R -- 3/13/23

SJR 1

(Cortese D)   Social Security Act: repeal of benefit reductions.

Current Text: Amended: 3/2/2023  html   pdf

Introduced: 12/5/2022

Last Amend: 3/2/2023

Status: 3/9/2023-Read second time. Ordered to consent calendar.

Location: 3/8/2023-S. CONSENT CALENDAR

Calendar: 3/13/2023  #30  SENATE CONSENT CALENDAR FIRST LEGISLATIVE DAY

Summary: This measure would request the Congress of the United States to enact, and the President to sign, legislation that would repeal the Government Pension Offset and the Windfall Elimination Provision from the Social Security Act.

Watch

AB 1

(McKinnor D)   Collective bargaining: Legislature.

Current Text: Introduced: 12/5/2022  html   pdf

Introduced: 12/5/2022

Status: 1/26/2023-Referred to Com. on P.E. & R.

Location: 1/26/2023-A. P.E. & R.

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 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. The bill would become operative on July 1, 2024. This bill contains other related provisions and other existing laws.

AB 13

(Essayli R)   Elections: Election Day holiday: voting by mail.

Current Text: Amended: 1/26/2023  html   pdf

Introduced: 12/5/2022

Last Amend: 1/26/2023

Status: 1/30/2023-Re-referred to Com. on ELECTIONS.

Location: 1/26/2023-A. ELECTIONS

Calendar: 3/15/2023  9 a.m. - State Capitol, Room 444  ASSEMBLY ELECTIONS, BRYAN, ISAAC, Chair

Summary: Existing law requires the statewide general election to be held on the first Tuesday after the first Monday in November of each even-numbered year. Existing law designates specific days as holidays in this state. This bill would add the first Tuesday after the first Monday in November of any even-numbered year to the list of state holidays. By increasing the duties of local officials in connection with the creation of a new state holiday, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 96

(Kalra D)   Public employment: local public transit agencies: autonomous transit vehicle technology.

Current Text: Introduced: 1/9/2023  html   pdf

Introduced: 1/9/2023

Status: 1/30/2023-Re-referred to Com. on P.E. & R. pursuant to Assembly Rule 96.

Location: 1/30/2023-A. P.E. & R.

Calendar: 3/22/2023  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYMENT AND RETIREMENT, MCKINNOR, TINA, Chair

Summary: Existing law creates various transit districts and prescribes requirements applicable to their labor relations, including those that address the recognition and certification of exclusive employee representatives, unit determinations, and procedures for meeting and conferring on matters subject to collective bargaining. This bill would require a public transit employer to provide written notice to the exclusive employee representative of the workforce affected by autonomous transit vehicle technology of its determination to begin, or its substantive progress toward initiating, any procurement process or a plan to acquire or deploy any autonomous transit vehicle technology for public transit services that would eliminate job functions or jobs of the workforce to which the autonomous transit vehicle technology applies not less than 12 months before commencing the process, plan, or deployment. The bill would require a public transit employer, upon a written request of the exclusive employee representative, to provide specified information to the exclusive employee representative, including the potential gaps in skills that may result from the new service. The bill would require the public transit employer, following the written request for information by the exclusive employee representative, and within 30 days of receiving the specified information, to commence collective bargaining on specified subjects, including creating plans to train and prepare the affected workforce to fill new positions created by the autonomous transit vehicle technology.

AB 221

(Ting D)   Budget Act of 2023.

Current Text: Introduced: 1/10/2023  html   pdf

Introduced: 1/10/2023

Status: 1/26/2023-Referred to Com. on BUDGET.

Location: 1/26/2023-A. BUDGET

Summary: This bill would make appropriations for the support of state government for the 2023–24 fiscal year. This bill contains other related provisions.

AB 227

(Sanchez R)   State employment: social media platforms.

Current Text: Introduced: 1/11/2023  html   pdf

Introduced: 1/11/2023

Status: 2/17/2023-Referred to Coms. on P. & C.P. and P.E. & R.

Location: 2/17/2023-A. P. & C.P.

Summary: The California Constitution establishes the State Personnel Board (board) and requires the board to, among other things, enforce the civil service statutes, prescribe probationary periods and classifications, adopt rules authorized by statute, and review disciplinary actions. The Constitution also requires the executive officer of the board to administer the civil service statutes under the rules of the board. Under existing law, the board is authorized to conduct audits and investigations of the personnel practices of the Department of Human Resources (department) and appointing authorities to ensure compliance with civil service policies, procedures, and statutes. Existing law establishes the department and provides that, subject to the requirements of the California Constitution, it succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the board as its designee with respect to the board’s administrative and ministerial functions. This bill, except as specified, would prohibit a person from installing an application for a social media platform on a state-owned or state-issued electronic device if specified conditions are met, including that the social media company that owns the application is domiciled in, has its principal place of business in, has its headquarters in, or is organized under the laws of, a country of concern. The bill would also prohibit a person from installing an application for a social media platform owned or controlled by specified companies from being installed on a state-owned or state-issued electronic device. The bill would define various terms for these purposes.

AB 236

(Holden D)   Health care coverage: provider directories.

Current Text: Amended: 2/14/2023  html   pdf

Introduced: 1/13/2023

Last Amend: 2/14/2023

Status: 2/15/2023-Re-referred to Com. on HEALTH.

Location: 1/26/2023-A. HEALTH

Calendar: 3/14/2023  1:30 p.m. - 1021 O Street, Room 1100  ASSEMBLY HEALTH, WOOD, JIM, Chair

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, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan and a health insurer that contracts with providers for alternative rates of payment to publish and maintain a provider directory or directories with information on contracting providers that deliver health care services enrollees or insureds, and requires a health care service plan and health insurer to regularly update its printed and online provider directory or directories, as specified. This bill would require a plan or insurer to annually audit and delete inaccurate listings from its provider directories, and would require a provider directory to be 60% accurate on January 1, 2024, with increasing required percentage accuracy benchmarks to be met each year until the directories are 95% accurate on or before January 1, 2027. The bill would subject a plan or insurer to administrative penalties for failure to meet the prescribed benchmarks and for each inaccurate listing in its directories. If a plan or insurer has not financially compensated a provider in the prior year, the bill would require the plan or insurer to delete the provider from its directory beginning July 1, 2024, unless specified criteria applies. The bill would require a plan or insurer to provide information about in-network providers to enrollees and insureds upon request, and would limit the cost-sharing amounts an enrollee or insured is required to pay for services from those providers under specified circumstances. Because a violation of the bill’s requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 252

(Holden D)   The College Athlete Protection Act.

Current Text: Amended: 3/6/2023  html   pdf

Introduced: 1/19/2023

Last Amend: 3/6/2023

Status: 3/7/2023-Re-referred to Com. on HIGHER ED.

Location: 2/2/2023-A. HIGHER ED.

Summary: The Student Athlete Bill of Rights requires intercollegiate athletic programs at 4-year private universities or campuses of the University of California or the California State University that receive, as an average, $10,000,000 or more in annual revenue derived from media rights for intercollegiate athletics to comply with prescribed requirements relating to student athlete rights. Existing law authorizes an institution of higher education, as defined, to establish a degree completion fund, in accordance with applicable rules and bylaws. Existing law requires an institution of higher education to post in a conspicuous location in its athletic department that is frequented by student athletes a notice detailing certain student athlete rights. Existing law prohibits an institution of higher education from intentionally retaliating against a student athlete for making or filing a complaint about, testifying or otherwise assisting in any investigation into, or opposing any practice that the student athlete believes is, a violation of student athlete rights. This bill would establish the College Athlete Protection (CAP) Act for purposes of providing various rights, benefits, and protections to college athletes. The bill instead would require certain institutions of higher education to establish a degree completion fund for its college athletes, as provided. The bill instead would require an institution of higher education to distribute to each college athlete a notice containing college athlete rights and would require the institution to post this notice in a conspicuous location frequented by college athletes, as specified. The bill instead would prohibit an institution of higher education, its employees, coaches, and affiliated medical personnel, as defined, from retaliating against a college athlete for filing a complaint or reporting a violation of college athlete rights provided in the CAP Act. By imposing new duties on community college districts, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 261

(Kalra D)   Mushrooms.

Current Text: Introduced: 1/19/2023  html   pdf

Introduced: 1/19/2023

Status: 3/9/2023-From committee: Do pass. To Consent Calendar. (Ayes 22. Noes 0.) (March 8).

Location: 3/8/2023-A. CONSENT CALENDAR

Calendar: 3/13/2023  #1  ASSEMBLY SECOND READING FILE -- ASSEMBLY BILLS

Summary: Existing law establishes the state flag and the state’s emblems, including, among other things, the golden poppy as the official state flower and the California redwood as the official state tree. This bill would establish the California Golden Chanterelle (Cantharellus californicus) as the official state mushroom.

AB 276

(Dixon R)   Vehicles: electronic wireless communication devices.

Current Text: Introduced: 1/23/2023  html   pdf

Introduced: 1/23/2023

Status: 2/2/2023-Referred to Com. on TRANS.

Location: 2/2/2023-A. TRANS.

Calendar: 3/27/2023  2:30 p.m. - 1021 O Street, Room 1100  ASSEMBLY TRANSPORTATION, FRIEDMAN, LAURA, Chair

Summary: Under existing law, it is an infraction for a person to drive a motor vehicle while holding and operating a handheld wireless telephone or electronic wireless communications device, unless the device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving. Notwithstanding those provisions, existing law makes it an infraction for a person under 18 years of age to drive a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device. This bill would instead make it an infraction for a person under 21 years of age to drive a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device. The bill would create an exception to that prohibition for a person 18 to 20 years of age, inclusive, who is using a wireless telephone or an electronic wireless communications device, as defined, while driving, when the telephone or device is used exclusively as required by, and in the course and scope of, the person’s work activities. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 513

(Rodriguez D)   State employment: labor negotiations.

Current Text: Introduced: 2/7/2023  html   pdf

Introduced: 2/7/2023

Status: 2/8/2023-From printer. May be heard in committee March 10.

Location: 2/7/2023-A. PRINT

Summary: Existing law, the Ralph C. Dills Act, grants to state employees the right to form employee organizations for the purpose of representing their members in negotiating terms and conditions of employment with the state and prescribes definitions and procedures in this regard. Existing law states the purpose of these provisions and prohibits construing them to contravene the spirit or intent of the merit system in state employment. This bill would make nonsubstantive changes to the above-described provisions regarding construction of the Ralph C. Dills Act.

AB 518

(Wicks D)   Paid family leave.

Current Text: Introduced: 2/7/2023  html   pdf

Introduced: 2/7/2023

Status: 2/17/2023-Referred to Com. on INS.

Location: 2/17/2023-A. INS.

Calendar: 4/12/2023  9 a.m. - State Capitol, Room 437  ASSEMBLY INSURANCE, CALDERON, LISA, Chair

Summary: Existing unemployment compensation disability law requires workers to pay contribution rates based on, among other things, wages received in employment and benefit disbursement, for payment into the Unemployment Compensation Disability Fund, a special fund in the State Treasury. That fund is continuously appropriated for the purpose of providing disability benefits and making payment of expenses in administering those provisions. Existing law establishes, within the above state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits for up to 8 weeks to workers who take time off work for prescribed purposes, including to care for a seriously ill family member. Existing law defines terms for its purposes, including “family care leave” and “family member.” This bill would expand eligibility for benefits under the paid family leave program to include individuals who take time off work to care for a seriously ill individual related by blood or whose association with the employee is the equivalent of a family relationship. The bill would make conforming changes to the definitions of the terms “family care leave” and “family member.” This bill contains other existing laws.

AB 621

(Irwin D)   Workers’ compensation: special death benefit.

Current Text: Introduced: 2/9/2023  html   pdf

Introduced: 2/9/2023

Status: 2/17/2023-Referred to Com. on INS.

Location: 2/17/2023-A. INS.

Calendar: 3/22/2023  9 a.m. - State Capitol, Room 437  ASSEMBLY INSURANCE, CALDERON, LISA, Chair

Summary: Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment, which, in the case of the death of an employee, includes a death benefit. Existing law provides, however, that no benefits, except reasonable expenses of burial not exceeding $1,000, shall be awarded under the workers’ compensation laws on account of the death of an employee who is an active member of the Public Employees’ Retirement System, unless the death benefits available under the Public Employees’ Retirement Law are less than the workers’ compensation death benefits. In that case, the surviving spouse and children of the employee are also entitled to the difference between the 2 death benefit amounts. Existing law exempts local safety members and patrol members, as defined, from this limitation. This bill would expand that exemption to include state safety members, peace officers, and firefighters for the Department of Forestry and Fire Protection who are members of Bargaining Unit 8.

AB 658

(Fong, Mike D)   Public Employees’ Medical and Hospital Care Act.

Current Text: Introduced: 2/9/2023  html   pdf

Introduced: 2/9/2023

Status: 2/10/2023-From printer. May be heard in committee March 12.

Location: 2/9/2023-A. PRINT

Summary: Existing law, the Public Employees’ Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees’ Retirement System, authorizes the board to contract for health benefit plans for employees and annuitants, as defined, which may include employees and annuitants of contracting agencies. The act prescribes requirements for the contributions of contracting agencies and their employees and annuitants. Existing law entitles a contracting agency annuitant to a single employer contribution. This bill would make a nonsubstantive change to the restrictions on the employer contribution for a contracting agency annuitant.

AB 699

(Weber D)   Workers’ compensation: presumed injuries.

Current Text: Introduced: 2/13/2023  html   pdf

Introduced: 2/13/2023

Status: 2/23/2023-Referred to Com. on INS.

Location: 2/23/2023-A. INS.

Calendar: 3/22/2023  9 a.m. - State Capitol, Room 437  ASSEMBLY INSURANCE, CALDERON, LISA, Chair

Summary: Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law creates a rebuttable presumption that specified injuries, such as meningitis, tuberculosis, or hernia, 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 employment. Existing law creates a rebuttable presumption that skin cancer that develops or manifests in the course of employment of a lifeguard, as specified, arose out of and in the course of employment. Existing law authorizes a lifeguard to file a claim for skin cancer after employment has terminated for a specified period based on years of employment, not to exceed 60 months. This bill would expand presumptions for hernia, pneumonia, heart trouble, cancer, tuberculosis, bloodborne infectious disease, methicillin-resistant Staphylococcus aureus skin infection, and meningitis-related illnesses and injuries to a lifeguard employed on a year-round, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department. The bill would increase the period of time after termination of employment that a lifeguard employed on a year-round, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department can file a claim for skin cancer. The bill would expand the presumptions for illness or injury related to post-traumatic stress disorder or exposure to biochemical substances, as defined, to a lifeguard employed in the Boating Safety Unit by the City of San Diego Fire-Rescue Department. This bill contains other related provisions.

AB 739

(Lackey R)   Public retirement systems: defined benefit plans: funding.

Current Text: Introduced: 2/13/2023  html   pdf

Introduced: 2/13/2023

Status: 2/23/2023-Referred to Com. on P.E. & R.

Location: 2/23/2023-A. P.E. & R.

Calendar: 3/22/2023  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYMENT AND RETIREMENT, MCKINNOR, TINA, Chair

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 prohibits a public employer’s contribution to a defined benefit plan, in combination with employee contributions to the plan, from being less than the normal cost rate, as defined, for the plan in a fiscal year. Existing law authorizes a public retirement system to suspend contributions if certain conditions are satisfied, one of which is that the plan be funded by more than 120%, based on a computation by the retirement system actuary in accordance with specified standards, that is included in the annual valuation. This bill would revise the conditions for suspending contributions to a public retirement system defined benefit plan to increase the threshold percentage amount of plan funding to more than 130%.

AB 775

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

Current Text: Introduced: 2/13/2023  html   pdf

Introduced: 2/13/2023

Status: 2/23/2023-Referred to Com. on P.E. & R.

Location: 2/23/2023-A. P.E. & R.

Calendar: 3/22/2023  9 a.m. - State Capitol, Room 444  ASSEMBLY PUBLIC EMPLOYMENT AND RETIREMENT, MCKINNOR, TINA, Chair

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, 2025, a physician registry for the Patton State Hospital to be composed of members of State Bargaining Unit 16, under a 3-year pilot program. 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. By January 10, 2026, and each year thereafter for the duration of the pilot program, the bill would require the department 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 make the implementation of its provisions contingent upon an appropriation by the Legislature in the annual Budget Act or other statute, and would repeal its provisions on January 1, 2029.

AB 901

(Ting D)   State government: state funds.

Current Text: Introduced: 2/14/2023  html   pdf

Introduced: 2/14/2023

Status: 2/15/2023-From printer. May be heard in committee March 17.

Location: 2/14/2023-A. PRINT

Summary: Under existing law, all money in the possession of or collected by any state agency or department is state money, as defined, and is subject to provisions governing its deposit and handling in trust accounts. Existing law creates the State Treasury System to deposit state moneys held by state agencies prior to expenditure. Existing law, except as otherwise authorized by statute, makes it a misdemeanor, punishable by up to one year in a county jail or a $2,500 fine, or both, for any state employee to knowingly transfer, expend, or use state money outside of the State Treasury System. This bill would instead make the knowing transfer by a state employee, as described above, punishable by up to one year in a county jail or a $3,000 fine, or both.

AB 1020

(Grayson D)   County Employees Retirement Law of 1937.

Current Text: Introduced: 2/15/2023  html   pdf

Introduced: 2/15/2023

Status: 3/9/2023-Referred to Com. on P.E. & R.

Location: 3/9/2023-A. P.E. & R.

Summary: Existing law, the County Employees Retirement Law of 1937, prescribes the rights, benefits, and duties of members of the retirement systems established pursuant to its provisions. Existing law requires, if a safety member, a firefighter member, or a member in active law enforcement who has completed 5 years or more of service develops heart trouble, that the heart trouble be presumed to arise out of and in the course of employment. This bill would make nonsubstantive changes to those provisions.

AB 1048

(Wicks D)   Dental benefits and rate review.

Current Text: Introduced: 2/15/2023  html   pdf

Introduced: 2/15/2023

Status: 2/23/2023-Referred to Com. on HEALTH.

Location: 2/23/2023-A. HEALTH

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 and makes a willful violation of the act’s requirements a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law imposes specified coverage and disclosure requirements on health care service plans and health insurers, including specialized plans and insurers, that cover dental services. This bill, on and after January 1, 2024, would prohibit a health care service plan or health insurer that covers dental services, and a specialized health care service plan or health insurer that covers dental services, from issuing, amending, renewing, or offering a plan contract or policy that imposes a dental waiting period provision or preexisting condition provision, as defined, upon an enrollee or insured. On and after January 1, 2024, the bill also would require a health care service plan or health insurer to disclose, at the time of verification for patient eligibility, whether or not the enrollee’s or insured’s dental coverage is subject to regulation by the relevant department. Because a violation of these requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 1246

(Nguyen, Stephanie D)   Public Employees’ Retirement System optional settlements.

Current Text: Introduced: 2/16/2023  html   pdf

Introduced: 2/16/2023

Status: 2/17/2023-From printer. May be heard in committee March 19.

Location: 2/16/2023-A. PRINT

Summary: The Public Employees’ Retirement Law (PERL) establishes the Public Employees’ Retirement System (PERS) to provide pension and other benefits to members of PERS. Existing law permits a member of PERS who retires on or before December 1, 2017, to elect from among several optional settlements for the purpose of structuring the member’s retirement allowance. Existing law prohibits a member who elects to receive specified optional settlements from changing the member’s retirement status after election of an optional settlement unless a specified event occurs, including the death of a beneficiary who predeceased the member, a dissolution of marriage or a legal separation in which the judgment dividing the community property awards the total interest in the retirement system to the retired member, or in an annulment of marriage in which the court confirms the annulment. This bill would make nonsubstantive changes to that provision.

AB 1254

(Flora R)   State employees: compensation: firefighters.

Current Text: Introduced: 2/16/2023  html   pdf

Introduced: 2/16/2023

Status: 3/2/2023-Referred to Com. on P.E. & R.

Location: 3/2/2023-A. P.E. & R.

Summary: Existing law provides that in order for the state to recruit skilled firefighters for the Department of Forestry and Fire Protection, it is the policy of the state to consider prevailing salaries and benefits prior to making salary recommendations. Existing law requires the Department of Human Resources, in order to provide comparability in pay, to take into consideration the salary and benefits of other jurisdictions employing 75 or more full-time firefighters who work in California. This bill would require the state to pay firefighters who are rank-and-file members of State Bargaining Unit 8, employed by the Department of Forestry and Fire Protection, within 15% of the average salary for corresponding ranks in 20 listed California fire departments. The bill would require the state and the exclusive representative for State Bargaining Unit 8 to jointly survey annually and calculate the estimated average salaries for those fire departments. The bill would provide that when determining compensation for uniformed classifications of the department, it is the policy of the state to consider the salary of corresponding ranks within the comparable jurisdictions listed, as well as other factors, including internal comparisons. The bill would require any salary increase for firefighters under these provisions to be implemented through a memorandum of understanding, in accordance with specified procedures governing collective bargaining agreements. The bill would include related legislative findings.

AB 1405

(Flora R)   Department of Forestry and Fire Protection: workweek hours.

Current Text: Introduced: 2/17/2023  html   pdf

Introduced: 2/17/2023

Status: 3/2/2023-Referred to Com. on P.E. & R.

Location: 3/2/2023-A. P.E. & R.

Summary: Existing law, the Ralph C. Dills Act, grants state employees the right to form and join employee organizations for the purpose of representation of all matters of employer-employee relations. Existing law establishes procedures by which an agreement in the form of a written memorandum of understanding may be reached between the Governor and the recognized employee organization, and presented, as appropriate, to the Legislature for determination. Existing law establishes that it is the policy of the state that the normal workweek of permanent employees in fire suppression classes of the Department of Forestry and Fire Protection not exceed 84 hours per week. Existing law authorizes work in excess of the designated normal workweek to be compensated in cash or time off in accordance with department regulations. Under existing law, if these provisions conflict with the provisions of a memorandum of understanding, then the memorandum of understanding generally controls without further legislative action. This bill would require the Department of Forestry and Fire Protection to implement a 56-hour maximum workweek for firefighters in State Bargaining Unit 8 who are employed by the department in order to recruit and retain the highest qualified and skilled firefighters. The bill would require the department to work with the Department of Human Resources to implement the changes necessary to comply with these maximum workweek provisions on or before December 1, 2026. This bill contains other existing laws.

AB 1484

(Zbur D)   Temporary public employees.

Current Text: Introduced: 2/17/2023  html   pdf

Introduced: 2/17/2023

Status: 3/9/2023-Referred to Com. on P.E. & R.

Location: 3/9/2023-A. P.E. & R.

Summary: Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. Existing law generally requires that the scope of representation under the act include all matters relating to employment conditions and employer-employee relations, while excepting the consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. Existing law states that the Legislature finds and declares that the duties and responsibilities of local agency employer representatives under the act are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs incurred by the local agency employer representatives in performing those duties and responsibilities under that act are not reimbursable as state-mandated costs. This bill would impose specified requirements with respect to the temporary employees, as defined, of a public employer who have been hired to perform the same or similar type of work that is performed by permanent employees represented by a recognized employee organization. In this regard the bill would require those temporary employees to be automatically included in the same bargaining unit as the permanent employees, as specified, upon the request of the recognized employee organization. The bill would also require a public employer to, upon hire, provide each temporary employee with their job description, wage rates, and eligibility for benefits, anticipated length of employment, and procedures to apply for open, permanent positions. By imposing new duties on local agencies that employ temporary employees, the bill would impose a state-mandated local program. The bill would additionally include the same findings and declarations as set forth above. This bill contains other related provisions and other existing laws.

AB 1530

(Ortega D)   Public employment: communication with exclusive representatives.

Current Text: Introduced: 2/17/2023  html   pdf

Introduced: 2/17/2023

Status: 2/18/2023-From printer. May be heard in committee March 20.

Location: 2/17/2023-A. PRINT

Summary: Existing law generally grants public employees the right to join employee organizations and to be represented by those organizations in their employment relation. Existing law requires a public employer, as specified, to provide the exclusive representative of those employees mandatory access to certain information and to provide public employees with reasonable leaves of absence without loss of compensation or other benefits for purposes related to that representation, as specified. Existing law makes findings and declarations related to these provisions, including that it is the intent of the Legislature that recognized exclusive representatives of California’s public employees be provided meaningful access to their represented members, as described. This bill would make nonsubstantive changes to the provision establishing the above-described legislative findings.

AB 1677

(McKinnor D)   Public employment: salary classification.

Current Text: Introduced: 2/17/2023  html   pdf

Introduced: 2/17/2023

Status: 3/9/2023-Referred to Com. on P.E. & R.

Location: 3/9/2023-A. P.E. & R.

Summary: Existing law requires the Department of Human Resources to establish and adjust salary ranges for each class of position in the state civil service. Existing law requires the department, at least 6 months before the end of the term of an existing memorandum of understanding or immediately upon the reopening of negotiations under an existing memorandum of understanding, to submit to the parties meeting and conferring to the Legislature a report containing the department’s findings relating to the salaries of employees in comparable occupations in private industry and other governmental agencies. This bill would instead require the department to send that report at least 7 months before the end of the term of an existing memorandum of understanding or immediately upon the reopening of negotiations under an existing memorandum of understanding.

AB 1682

(Carrillo, Wendy D)   Public officers and employees.

Current Text: Introduced: 2/17/2023  html   pdf

Introduced: 2/17/2023

Status: 2/18/2023-From printer. May be heard in committee March 20.

Location: 2/17/2023-A. PRINT

Summary: Existing law requires a state entity or its designee to conduct criminal background checks to comply with applicable federal requirements, as specified. Existing law requires a state entity or its designee that receives federal tax information, as defined, to submit to the Department of Justice, for the purpose of conducting state and federal criminal background checks, fingerprint images and related information of an employee, prospective employee, contractor, agent, volunteer, vendor, subcontractor, or employee of a contractor whose duties include having access to federal tax information received by the state entity or its designee. This bill would make a nonsubstantive change to these provisions.

SB 72

(Skinner D)   Budget Act of 2023.

Current Text: Introduced: 1/10/2023  html   pdf

Introduced: 1/10/2023

Status: 1/11/2023-From printer.

Location: 1/10/2023-S. BUDGET & F.R.

Summary: This bill would make appropriations for the support of state government for the 2023–24 fiscal year. This bill contains other related provisions.

SB 74

(Dodd D)   State entities: state-owned or state-issued devices: social media platforms.

Current Text: Amended: 2/14/2023  html   pdf

Introduced: 1/11/2023

Last Amend: 2/14/2023

Status: 2/22/2023-Re-referred to Com. on G.O.

Location: 2/22/2023-S. G.O.

Summary: Existing law establishes the Department of Technology (department) within the Government Operations Agency, and provides for a Director of Technology (director) to supervise the department and report directly to the Governor on issues relating to information technology. Existing law imposes various duties on the director, including advising the Governor on the strategic management and direction of the state’s information technology resources. Existing law requires the department to identify, assess, and prioritize high-risk, critical information technology services and systems across state government, as determined by the department, for modernization, stabilization, or remediation. Existing law requires the Office of Emergency Services to establish and lead the California Cybersecurity Integration Center (CCIC). Existing law states that the CCIC’s mission is to reduce the likelihood and severity of cyber incidents that could damage California’s economy, its critical infrastructure, or public and private sector computer networks in the state. Existing law requires the CCIC to serve as the central organizing hub of state government’s cybersecurity activities and coordinate information sharing with specified entities, including local, state, and federal agencies. This bill would require state entities to prohibit applications for social media platforms from being downloaded or installed on those entities’ state-owned or state-issued devices if specified conditions are met, including that an entity of concern or a country of concern directly or indirectly owns, directly or indirectly controls, or holds 10% or more of the voting shares of the social media company that owns the application. The bill would define various terms for these purposes. The bill would require the department to prepare and maintain a list of countries of concern, to post that list on the department’s internet website, and, beginning on January 1, 2024, to update that list at least once per year. This bill contains other related provisions.

SB 252

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

Current Text: Introduced: 1/30/2023  html   pdf

Introduced: 1/30/2023

Status: 2/9/2023-Referred to Coms. on L., P.E. & R. and JUD.

Location: 2/9/2023-S. L., P.E. & R.

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. Existing law prohibits 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 thermal coal company, as defined. Existing law requires the boards to liquidate investments in thermal coal companies on or before July 1, 2017, and requires the boards, in making a determination to liquidate investments, to constructively engage with thermal coal companies to establish whether the companies are transitioning their business models to adapt to clean energy generation. Existing law provides 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 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.

SB 261

(Stern D)   Greenhouse gases: climate-related financial risk.

Current Text: Introduced: 1/30/2023  html   pdf

Introduced: 1/30/2023

Status: 2/10/2023-Set for hearing March 15.

Location: 2/9/2023-S. E.Q.

Calendar: 3/15/2023  9 a.m. - 1021 O Street, Room 1200  SENATE ENVIRONMENTAL QUALITY, ALLEN, BENJAMIN, Chair

Summary: The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with the act. The act requires the state board to make available, and update at least annually, on its internet website the emissions of greenhouse gases, criteria pollutants, and toxic air contaminants for each facility that reports to the state board, as provided. 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 would require, on or before December 31, 2024, and annually thereafter, a covered entity, as defined, to prepare a climate-related financial risk report disclosing the entity’s climate-related financial risk and measures adopted to reduce and adapt to climate-related financial risk disclosed. The bill would require the covered entity to submit to the state board, and make available to the public on its own internet website, a copy of the report and to submit to the Secretary of State a statement affirming, not under penalty of perjury, that the report discloses climate-related financial risk. The bill would also set forth the duties of the Climate-Related Risk Disclosure Advisory Group, as specified, including the duty to collect and review climate-related financial risk reports received in the prior calendar year and the duty to annually prepare a public report that contains specified information, including a review of the disclosure of climate-related financial risk contained in climate-related financial risk reports and an analysis of the systemic and sectorwide climate-related financial risks facing the state. The bill would also require the Office of Planning and Research to serve as the administrative staff for the advisory group. By expanding the scope of crimes, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 276

(Seyarto R)   Workweek: overtime: legislative employees.

Current Text: Introduced: 2/1/2023  html   pdf

Introduced: 2/1/2023

Status: 2/22/2023-Referred to Com. on L., P.E. & R.

Location: 2/22/2023-S. L., P.E. & R.

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 11/2 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 expressly require that overtime provisions apply to an employee of the Legislature. By expanding the application of a crime, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 327

(Laird D)   State teachers’ retirement: disability allowances and benefits.

Current Text: Introduced: 2/7/2023  html   pdf

Introduced: 2/7/2023

Status: 2/15/2023-Referred to Com. on L., P.E. & R.

Location: 2/15/2023-S. L., P.E. & R.

Summary: Existing law, the Teachers’ Retirement Law, 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, credited service, and age at retirement, subject to certain variations. STRS is administrated by the Teachers’ Retirement Board. The Defined Benefit Program is funded by employer and employee contributions, as well as investment returns and state appropriations, which are deposited or credited to the Teachers’ Retirement Fund, which is continuously appropriated for the purposes of the system. Existing law authorizes a member of STRS who is eligible and applies for a disability allowance or retirement to apply to receive a service retirement pending the determination of their application for disability, subject to meeting certain conditions. These include that the member submit an application on a form prescribed by the system and, if the application for disability benefits is denied or canceled, the service retirement date of a member who submits an application for retirement under these provisions may not be earlier than January 1, 2014. This bill would instead prohibit the service retirement date of a member who submits an application for retirement under these provisions from being earlier than 180 calendar days prior to when the application for service retirement is received by the system. This bill contains other related provisions and other existing laws.

SB 334

(Cortese D)   Public Employment Relations Board: powers and duties.

Current Text: Introduced: 2/7/2023  html   pdf

Introduced: 2/7/2023

Status: 2/15/2023-Referred to Com. on L., P.E. & R.

Location: 2/15/2023-S. L., P.E. & R.

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 and duties relating to employer-employee relations. Existing law authorizes the board to conduct studies relating to employer-employee relations, including the collection, analysis, and making available of data relating to wages, benefits, and employment practices in public and private employment, and to recommend legislation. This bill would specifically authorize the board to conduct employer-employee relations studies concerning the impact on public employees of net-zero carbon emissions initiatives, including collecting, analyzing, and making available related data.

SB 391

(Blakespear D)   Workers’ compensation: skin cancer.

Current Text: Introduced: 2/9/2023  html   pdf

Introduced: 2/9/2023

Status: 2/22/2023-Referred to Com. on L., P.E. & R.

Location: 2/22/2023-S. L., P.E. & R.

Summary: Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted. This bill would expand the scope of those provisions to certain peace officers of the Department of Fish and Wildlife and the Department of Parks and Recreation.

SB 432

(Cortese D)   Teachers’ retirement.

Current Text: Introduced: 2/13/2023  html   pdf

Introduced: 2/13/2023

Status: 2/22/2023-Referred to Com. on L., P.E. & R.

Location: 2/22/2023-S. L., P.E. & R.

Summary: Existing law, the Teachers’ Retirement Law, 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, credited service, and age at retirement, subject to certain variations. Existing law creates the Cash Balance Benefit Program to provide a retirement plan for the benefit of participating employees who perform creditable service for less than 50% of full time.This bill would revise those provisions to specify that compensation reported in accordance with STRS rules includes rules relating to timeliness and accuracy and would eliminate the requirement that supersession by other law or order be express, as described above. By broadening the circumstances that may lead to recovery pursuant to the above-described continuous appropriation, this bill would make an appropriation. This bill contains other related provisions and other existing laws.

SB 449

(Bradford D)   Public officers and employees.

Current Text: Introduced: 2/13/2023  html   pdf

Introduced: 2/13/2023

Status: 2/22/2023-Referred to Com. on RLS.

Location: 2/13/2023-S. RLS.

Summary: Existing law prescribes certain characteristics that disqualify a person for public office or public employment, as specified. In this regard, people who bind themselves by oath, while citizens or residents of the United States, to support, maintain, or further the military or political activities or policies of a foreign government, among other things, are ineligible for holding public office or public employment. This bill would make nonsubstantive changes in the above-described provisions relating to people who bind themselves to support foreign governments.

SB 548

(Niello R)   Public employees’ retirement: joint county and trial court contracts.

Current Text: Introduced: 2/15/2023  html   pdf

Introduced: 2/15/2023

Status: 2/22/2023-Referred to Com. on L., P.E. & R.

Location: 2/22/2023-S. L., P.E. & R.

Summary: Existing law, the Public Employees’ Retirement Law (PERL), establishes the Public Employees’ Retirement System (PERS), which provides a defined benefit to members of the system, based on final compensation, credited service, and age at retirement, subject to certain variations, and is administered by the Board of Administration of the Public Employees’ Retirement System. PERL authorizes a public agency to contract to make its employees members of PERS and prescribes a process for this. Existing law requires, for counties that contract for retirement benefits through PERS for eligible employees, as of the implementation date of the Trial Court Employment Protection and Governance Act, that a trial court and a county in which the trial court is located jointly participate in the system by joint contract. Existing law requires the PERS board of administration to do one-time, separate computations of the assets and liabilities of 2 counties and the trial courts in the counties. Existing law, the California Public Employees’ Pension Reform Act of 2013 (PEPRA), establishes a variety of requirements and restrictions on public employers offering defined benefit pension plans, including limiting the benefits that may be provided to new members. This bill would authorize a county and the trial court located within the county to elect to separate their joint PERS contract into individual contracts, if the county and the trial court make that election voluntarily, and would prescribe a process for this. The bill would prohibit the separation from being a cause for modification of employee retirement benefits, as specified. The bill would require the system’s board of administration, within its existing resources, to do a specified computation of assets and liabilities for a county and trial court seeking to separate their joint contract. For purposes of PEPRA, the bill would authorize a county and a trial court to provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of the option to separate, as specified.

SB 616

(Gonzalez D)   Paid sick days: accrual and use.

Current Text: Introduced: 2/15/2023  html   pdf

Introduced: 2/15/2023

Status: 2/22/2023-Referred to Com. on L., P.E. & R.

Location: 2/22/2023-S. L., P.E. & R.

Summary: Existing law, with certain exceptions, entitles an employee to paid sick days for certain purposes if the employee works in California for the same employer for 30 or more days within a year from the commencement of employment. Existing law requires the leave to be accrued at a rate of no less than one hour for every 30 hours worked, and to be available for use beginning on the 90th day of employment. Existing law authorizes an employer to use a different accrual method as long as an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. Existing law also provides that an employer may satisfy the accrual requirements by providing not less than 24 hours or 3 days of paid sick leave that is available to the employee to use by the completion of the employee’s 120th calendar day of employment. This bill would modify the employer’s alternate sick leave accrual method to instead require that an employee have no less than 56 hours of accrued sick leave or paid time off by the 280th calendar day of employment or each calendar year, or in each 12-month period. The bill would modify that satisfaction provision to authorize an employer to satisfy accrual requirements by providing not less than 56 hours or 7 days of paid sick leave that is available to the employee to use by the completion of the employee’s 280th calendar day of employment. This bill contains other related provisions and other existing laws.