BUDGET
California State Budget Online
2009-10 Budget Summary
02-19-09
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The California Legislature is a key factor in enhancing and securing benefits and wages for excluded employees.
Legislative Advocate Input --- The Louder Our Voice
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2009 LEGISLATIVE TRACKING
Each legislative session, CCSO identifies and tracks legislation that is relevant to our membership, the Youth and Adult Correctional Departments, and other related topics affecting state employees. For your information and review we have listed the bills CCSO has taken a position on. We have included the bill number, authors name, bill topic, brief description, and the CCSO position.
For information about a specific bill, please CLICK on the bill number. For information about the author, please CLICK on the legislator's name. For any additional information, please e-mail us at ccso@charterinternet.com, or contact our office at 800.449.2940.
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CCSO SPONSORED BILLS
AB 704 (Calderon, Charles) Public employees' retirement: Deferred Retirement Option Program.
Summary: Existing law authorizes the Department of Personnel Administration to provide for annual leave benefits with respect to each officer and employee excluded from the definition of state employee for the purposes of the Ralph C. Dills Act, which regulates state employer-employee relations. Existing law permits an employee who is excluded from the definition of state employee for the purposes of that act to make an irrevocable election, in lieu of earning sick leave and vacation benefits, to participate in the annual leave program. This bill would provide that an excluded or exempt state employee of State Bargaining Units 5, 6, 7, and 8 who participates in the Deferred Retirement Option Program shall also participate in the annual leave program and accumulate 12 hours of annual leave credits per month. This bill contains other related provisions and other existing laws.
Position: Sponsored
Priority: high
+++++
AB 749 (Fong) Public employment: adverse action.
Summary: The California Constitution establishes the civil service and creates the State Personnel Board to enforce the civil service statutes. This bill would prohibit disciplinary action from being imposed upon an employee until the State Personnel Board hearing has been completed and an administrative law judge has sustained the charges, except that an employee may be dismissed from state service prior to that time if the presence of the employee at the workplace presents a clear and present danger to the facility or the public. The bill would specify that the State Personnel Board determines the effective date of the adverse action. The bill would also require that the notice be filed with the board not later than 20 calendar days after the date the notice of the adverse action was served on the employee, rather than 15 calendar days after the effective date of the action, and would provide that the disciplinary action shall commence on the 21st day after that date. This bill contains other existing laws.
Position: Sponsored
Priority: high
+++++
AB 944 (Silva) Civil service: employee hearings.
Summary: The California Constitution establishes the civil service and creates the State Personnel Board to enforce the civil service statutes. Existing law authorizes the State Personnel Board to hold hearings and make investigations concerning matters relating to the administration of the civil service. These provisions require, among other things, that a hearing or investigation be commenced within a reasonable time after the filing of the petition whenever a hearing or investigation is conducted in regard to an appeal by an employee. This bill would revise that provision to additionally require that employee termination cases take priority over all other cases that were initiated within the previous 4 months.
Position: Sponsored
Priority: high
+++++
AB 1429 (Evans) Excluded employees: meet and confer rights.
Summary: Existing law, the Bill of Rights for State Excluded Employees, requires the state to meet and confer, upon request, with verified supervisory organizations representing supervisory employees on matters within the scope of representation, and requires a state employer to provide notice to, and meet and confer with, a verified supervisory employee organization prior to arriving at a determination of policy or course of action directly impacting supervisory employees. Existing law defines a "supervisory employee organization" and "managerial employees" for these purposes. This bill would extend the rights described above to verified excluded employee organizations representing managerial or supervisory employees. The bill would require the state employer to provide notice to, and to meet and confer with, these parties prior to determining policy or taking action that directly impacts excluded employees generally.
Position: Sponsored
Priority: high
BILLS CCSO OPPOSES
AB 53 (Portantino) State employment: salary freeze.
Summary: Existing law requires the Department of Personnel Administration to establish and adjust salary ranges for each class of position in the state civil service, subject to specified merit limits. Existing law requires the salary range to be based on the principle that like salaries shall be paid for comparable duties and responsibilities. Existing law allows the state to enter into memoranda of understanding relating to employer-employee relations with employee organizations representing certain state employees. This bill would make findings and declarations regarding the budget deficit facing the state. The bill would, until January 1, 2012, prohibit a person employed by the state whose base salary on the effective date of the bill is greater than $150,000 per year from receiving a salary increase while employed in the same position or classification, and from receiving payment for overtime work or a bonus. The bill would exempt from this prohibition a person whose compensation is governed by an operative memorandum of understanding, as described above, a person employed in a classification that is subject to oversight by a federal receiver, a person who has been exempted by executive order of the Governor, as specified, and a person whose salary is set pursuant to the California Constitution.
Position: oppose
Priority: med
+++++
AB 390 (Ammiano) Marijuana Control, Regulation, and Education Act.
Summary: Existing state law provides that every person who possesses, sells, transports, or cultivates marijuana, concentrated cannabis, or derivatives of marijuana, except as authorized by law, is guilty of one or more crimes. This bill would remove marijuana and its derivatives from existing statutes defining and regulating controlled substances. It would instead legalize the possession, sale, cultivation, and other conduct relating to marijuana and its derivatives by persons 21 years of age and older, except as specified. It would set up a wholesale and retail marijuana sales regulation program, including special fees to fund drug abuse prevention programs, as specified, to commence after regulations concerning the program have been issued, and federal law permits possession and sale consistent with the program. It would ban local and state assistance in enforcing inconsistent federal and other laws relating to marijuana, and would provide specified infraction penalties for violations of these new marijuana laws and regulations, as specified. It would make other conforming changes. This bill contains other related provisions and other existing laws.
Position: oppose
Priority: high
+++++
ABX2 1 (Portantino) State employment: salary freeze.
Summary: Existing law requires the Department of Personnel Administration to establish and adjust salary ranges for each class of position in the state civil service, subject to specified merit limits. Existing law requires the salary range to be based on the principle that like salaries shall be paid for comparable duties and responsibilities. Existing law allows the state to enter into memoranda of understanding relating to employer-employee relations with employee organizations representing certain state employees. This bill would make findings and declarations regarding the budget deficit facing the state. The bill would, until January 1, 2012, prohibit a person employed by the state whose base salary on the effective date of the bill is greater than $150,000 per year from receiving a salary increase while employed in the same position or classification, and from receiving payment for overtime work or a bonus. The bill would exempt from this prohibition a person whose compensation is governed by an operative memorandum of understanding, as described above, a person employed in a classification that is subject to oversight by a federal receiver, a person who has been exempted by executive order of the Governor, as specified, and a person whose salary is set pursuant to the California Constitution. This bill contains other related provisions.
Position: oppose
Priority: med
BILLS CCSO SUPPORTS
AB 5 (Evans) Civil discovery: Electronic Discovery Act.
Summary: The Civil Discovery Act permits a party to a civil action to obtain discovery, as specified, by inspecting documents, tangible things, and land or other property in the possession of any other party to the action. Existing law requires the party to whom an inspection demand has been directed to respond separately to each item or category of item by any of certain responses, including a statement that the party will comply with the particular demand for inspection by the date set for inspection pursuant to a specified provision. This bill would establish procedures for a person to obtain discovery of electronically stored information, as defined, in addition to documents, tangible things, and land or other property, in the possession of any other party to the action. This bill would permit discovery by the means of copying, testing, or sampling, in addition to inspection, of documents, tangible things, land or other property, or electronically stored information. This bill contains other related provisions and other existing laws.
Position: support
Priority: med
+++++
AB 61 (Nava) Juvenile crime: deferred entry of judgment.
Summary: Existing law, enacted by initiative statute, provides that if a minor consents and waives his or her right to a speedy jurisdictional hearing, the court may refer the case to the probation department or summarily grant deferred entry of judgment if the minor admits the charges in the petition and waives time for the pronouncement of the judgment. These provisions apply whenever a case is before the juvenile court for a determination of whether the minor is within the jurisdiction of the juvenile court because of the commission of a felony offense, and the minor meets other eligibility criteria, including that the offense charged is not one of an enumerated list of offenses for which a minor 14 years of age or older may be found unfit for treatment in juvenile court and prosecuted under the general law in a court of criminal jurisdiction. The initiative statute provides that any amendment of its provisions requires a 2/3 vote of the membership of each house of the Legislature. This bill would list additional sexual offenses for which a minor charged with the commission thereof would become ineligible for a deferred entry of judgment pursuant to these provisions. By changing the punishment for a crime, the bill would impose a state-mandated local program. Because the bill would amend an initiative statute, it would require a 2/3 vote. This bill contains other related provisions and other existing laws.
Position: support
Priority: med
+++++
AB 141 (Tran) Employment: working hours.
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 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 any obligation to pay overtime compensation. The bill would require the Division of Labor Standards Enforcement of the Department of Industrial Relations to enforce this provision and adopt regulations.
Position: support
Priority: high
+++++
AB 168 (Nava) Juvenile case files: sexually violent predator proceedings.
Summary: Existing law provides for sentencing enhancements on the basis of prior felony convictions, which are defined to include certain offenses adjudicated before the juvenile court. However, existing law generally provides for the confidentiality of juvenile records, reports, and related information. Those records may be sealed and eventually destroyed, unless the subject of the record was found to be a ward of the court because of the commission of specified felony offenses committed when he or she was 14 years of age or older. Certain persons, including law enforcement personnel who are actively participating in criminal or juvenile proceedings involving a minor, may inspect those records and reports concerning that minor, but those persons may not disseminate the records or reports, or related information, without the prior approval of the presiding judge of the juvenile court, except as specified. This bill would authorize, in any investigation, action, or proceeding based on the sexually violent predator laws, the Department of Corrections and Rehabilitation, the State Department of Mental Health, and the attorney petitioning for commitment, or their agents, to obtain and use records that have been sealed pertaining to sustained petitions for specified sexually violent offenses that were committed when the person had attained 14 years of age or older. The bill also would authorize, in any civil commitment proceeding based on the sexually violent predator laws, the court, counsel for the parties, any jury, and any other person authorized by the court, to obtain and use the records. This bill contains other existing laws.
Position: support
Priority: med
+++++
AB 169 (Portantino) Communicable disease: involuntary testing.
Summary: Existing law establishes procedures by which an arrestee's blood may be tested, either voluntarily or by court order, for specified communicable diseases when a peace officer, firefighter, or emergency medical personnel is exposed to an arrestee's blood or bodily fluids, as defined, while the peace officer, firefighter, or emergency medical personnel is acting within the scope of his or her duties. This bill would add custodial officers, to the list of persons who may seek to have an arrestee's blood tested, either voluntarily or by court order, for specified communicable diseases when the custodial officer is exposed to that arrestee's blood or bodily fluids, as defined, while the custodial officer is acting within the scope of his or her duties. Because this bill increases the duties of local officials, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
Position: support
Priority: high
+++++
AB 671 (Krekorian) Public Safety Medal of Honor.
Summary: The Public Safety Officer Medal of Valor Act authorizes the Governor to annually award and present in the name of the State of California a Medal of Valor to one public safety officer, as defined, who is cited by the Attorney General, upon the recommendation of the board, for extraordinary valor above and beyond the call of duty. This bill would state the intent of the Legislature to establish a Medal of Honor to bestow on a public safety officer who, while serving under competent authority in any capacity, has been wounded or killed, or who has died or may die after being wounded in the line of duty.
Position: support
Priority: high
+++++
AB 842 (Swanson) Employment.
Summary: Existing law provides that an employer, with certain exceptions, may not order a mass layoff, relocation, or termination, as defined, at a covered establishment without giving 60 days' prior written notice to employees and the Employment Development Department and other local agencies, as well as complying with specified federal guidelines. This bill would increase the layoff notice period from 60 to 90 days. This bill would require employers, when notice is given, to provide employees with information regarding benefits and services available to them once the notice of layoff is given. This bill would also require employers that give notice of a mass layoff, relocation, or termination to provide sufficient meeting space for the provision of rapid response activity, as defined, and to allow providers of rapid response activity services and affected employees to meet for not less than one hour for such services to be provided. This bill contains other related provisions and other existing laws.
Position: support
Priority: med
+++++
AB 843 (Block) State employees.
Summary: Existing law prescribes procedures for taking adverse action against state employees, other than managerial employees. This bill would remove the exclusion for managerial employees with respect to these procedures. This bill contains other related provisions and other existing laws.
Position: support
Priority: high
+++++
AB 849 (Swanson) Family and medical leave.
Summary: Existing law, the Moore-Brown-Roberti Family Rights 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 (1) to bond with a child who was born to, adopted by, or placed for foster care with, the employee, (2) to care for the employee's parent, spouse, or child who has a serious health condition, as defined, or (3) because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job. Under the act, "child" means a biological, adopted, foster, or stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under 18 years of age or an adult dependent child. The act defines "parent" to mean the employee's biological, foster, or adoptive parent, stepparent, legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. This bill would increase the circumstances under which an employee is entitled to protected leave pursuant to the Family Rights Act by (1) eliminating the age and dependency elements from the definition of "child," thereby permitting an employee to take protected leave to care for his or her independent adult child suffering from a serious health condition, (2) expanding the definition of "parent" to include an employee's parent-in-law, and (3) permitting an employee to also take leave to care for a seriously ill grandparent, sibling, grandchild, or domestic partner, as defined.
Position: support
Priority: high
+++++
AB 955 (De Leon) Public Safety Officers Procedural Bill of Rights Act: discipline.
Summary: The Public Safety Officers Procedural Bill of Rights Act prohibits any punitive action, or denial of promotion on grounds other than merit, to be undertaken for any act, omission, or other allegation of misconduct if an investigation of an allegation against a public safety officer is not completed within 1 year of the public agency's discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct that occurred on or after January 1, 1998. Existing law requires the public agency to complete its investigation and notify the public safety officer of its proposed disciplinary action within that year if it determines that discipline may be taken. This bill would specify that the public agency is not required to impose the discipline within that year. This bill contains other related provisions and other existing laws.
Position: support
Priority: high
+++++
AB 1125 (Hernandez) State employees: compensation.
Summary: The California Constitution requires the Legislature to pass a budget bill by June 15 of each year for the fiscal year commencing on July 1. Existing law provides that no state officer or employee shall be deemed to have a break in service or to have terminated his or her employment, for any purpose, nor to have incurred any change in his or her authority, status, or jurisdiction or in his or her salary or other conditions of employment, solely because of the failure to enact a Budget Act for a fiscal year prior to the beginning of that fiscal year. Under the California Constitution, money may be drawn from the Treasury only through an appropriation made by law and upon a Controller's duly drawn warrant. This bill would continuously appropriate from the General Fund and other specified funds to the Controller an amount necessary for the payment of compensation and employee benefits to state employees, as defined, for work performed on or after July 1 of a fiscal year for which no budget has been enacted. This bill contains other related provisions.
Position: support
Priority: high
+++++
AB 1161 (Buchanan) State employment: adverse actions.
Summary: The California Civil Service Act authorizes an appointing power to take adverse action against an employee for specified causes for discipline and establishes administrative procedures for review of an adverse action by the State Personnel Board. The act requires an adverse action against a state employee to commence within 3 years of the cause for discipline, as specified. This bill would require an adverse action against a state managerial employee, state confidential employee, or state supervisory employee, as defined, to commence within one year of the discovery of the cause for discipline. The bill would also require the notice of the adverse action against those employees based on fraud, embezzlement, or the falsification of records to be served within 3 years after the discovery of the fraud, embezzlement, or falsification.
Position: support
Priority: high
+++++
SB 52 (Correa) Public Safety Officer Medal of Valor.
Summary: The Public Safety Officer Medal of Valor Act establishes the Medal of Valor Review Board that recommends candidates to the Attorney General for the Medal of Valor from among the applications received by the board. Existing law prohibits the board from meeting more than once each year or from recommending any more than 5 candidates to the Attorney General. The act authorizes the Attorney General to increase the number of candidates in a given year in extraordinary cases. This bill would remove the limit on the number of candidates that the board may recommend. The bill would also eliminate the provisions that prohibit the board from meeting more than once a year. The bill would also authorize the Governor to award and present the Medal of Valor to one or more public safety officers, as specified. This bill contains other existing laws.
Position: support
Priority: high
+++++
SB 187 (Benoit) Employment: working hours.
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 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 any obligation to pay overtime compensation. The bill would require the Division of Labor Standards Enforcement in the Department of Industrial Relations to enforce this provision and adopt regulations.
Position: support
Priority: high
+++++
SB 434 (Benoit) Correctional facilities: wireless communication devices.
Summary: Existing law establishes various offenses relating to the unauthorized provision of specified items to persons confined in local and state correctional facilities. This bill would provide, subject to exceptions, that any person who is in possession of, or who willingly and knowingly delivers, or attempts to deliver, to any person who is confined in, or within the grounds belonging to or adjacent to, any state prison, prison road camp, prison forest camp, any other prison camp or prison farm, or any other place where prisoners are located and under the custody of the Department of Corrections and Rehabilitation, any cellular telephone or other wireless communication device, is guilty of a felony. This bill contains other related provisions and other existing laws.
Position: support
Priority: high
