California 2009-2010 Regular Session Status: Passed Assembly

AB 88 — State employees: memoranda of understanding.

Last action — Died on unfinished business file. (Reconsideration pending).

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Under existing law, a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve provisions that require the expenditure of funds pursuant to memoranda of understanding entered into between the state employer and State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, the Service Employees International Union, Local 1000, and would provide that these provisions will become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act. (2) The annual Budget Act appropriates specified amounts from the General Fund, unallocated special funds, and unallocated nongovernmental cost funds, for state employee compensation. This bill would appropriate $856,500,000 from those funds for state employee compensation in augmentation of the Budget Act of 2009. (3) This bill would provide that provisions of the memoranda of understanding approved by this bill that require the expenditure of funds will not take effect unless funds for these provisions are specifically appropriated by the Legislature, and would authorize either party to reopen negotiations on all or part of a memorandum of understanding if the Legislature does not approve or fully fund any provision of the memorandum of understanding that requires the expenditure of funds. (4) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Died on unfinished business file. (Reconsideration pending).

  2. Reconsideration granted. (Ayes 39. Noes 0. Page 2453.)

  3. Motion to reconsider made by Senator Negrete McLeod.

  4. Read third time. Urgency clause refused adoption. (Ayes 25. Noes 4. Page 2453.)

  5. Read second time. To third reading.

  6. Withdrawn from committee. Ordered placed on second reading file.

  7. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  8. In committee: Placed on Appropriations suspense file.

  9. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (August 24).

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on P.E. & R.

  11. Referred to Com. on P.E. & R.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time, passed, and to Senate. (Ayes 48. Noes 29. Page 2046.)

  14. Read second time. To third reading.

  15. Read second time and amended. Ordered returned to second reading.

  16. From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (May 28).

  17. In committee: Set, first hearing. Referred to APPR. suspense file.

  18. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 2.) (April 22).

  19. Referred to Com. on P.E.,R. & S.S.

  20. From printer. May be heard in committee February 5.

  21. Read first time. To print.

Sponsors

  • Retirement and Social Security Committee on Public Employees · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Committee on Public Employees, Retirement and Social Security

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Assembly 3rd Reading AB88 Committee on P.E.,R.& S.S.(Hernan Reconsider

Passed 39 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 36002
Democratic 2000
Republican 1000
Total 39002
% of votes cast 95%0%0%5%
How each member voted (41)
Member Party Vote
Cedillo — Yea
Florez — Yea
Hancock — Yea
Wyland — Yea
Yee — Yea
Lowenthal — Yea
Runner — Yea
Negrete — Not Voting
Cogdill — Yea
Corbett — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Not Voting
Ashburn — Yea
Benoit — Yea
Correa — Yea
Ducheny — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Harman — Yea
Kehoe — Yea
Maldonado — Yea
Oropeza — Yea
Simitian — Yea
Wiggins — Yea
Wright — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB88 Committee on P.E.,R.& S.S.(Hernan By Steinberg

Failed 26 Yea · 4 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 243011
Democratic 2000
Republican 0100
Total 264011
% of votes cast 63%10%0%27%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Harman — Not Voting
Lowenthal — Yea
Negrete — Yea
Cedillo — Yea
Cogdill — Not Voting
Hollingsworth — Not Voting
Huff — Not Voting
Kehoe — Yea
Runner — Not Voting
Liu — Yea
McLeod — Yea
Ashburn — Not Voting
Benoit — Nay
Corbett — Yea
Ducheny — Yea
Dutton — Nay
Oropeza — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Not Voting
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Leno — Yea
Maldonado — Not Voting
Steinberg — Yea
Wolk — Yea
Wyland — Not Voting
Correa — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Hancock — Yea
Runner — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Wolk — Yea
Walters — Yea
Corbett — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 88 DAVIS Assembly Third Reading

Passed 56 Yea · 32 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 533003
Democratic 2001
Republican 1200
Total 563204
% of votes cast 61%35%0%4%
How each member voted (92)
Member Party Vote
Hagman — Nay
La — Yea
De — Yea
Carter — Yea
Chesbro — Yea
Coto — Yea
Blumenfield — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Duvall — Nay
Bill — Nay
Tom — Nay
Evans — Yea
Feuer — Yea
Fuller — Nay
Furutani — Yea
Fletcher — Nay
Audra — Nay
Garrick — Nay
Charles — Not Voting
Bass — Yea
Blakeslee — Nay
Gilmore — Nay
Hall — Yea
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Yamada — Not Voting
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Block — Not Voting
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Nay
Eng — Yea
Davis — Yea
DeVore — Nay
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 16 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 15005
Democratic 1000
Republican 0001
Total 16006
% of votes cast 73%0%0%27%
How each member voted (22)
Member Party Vote
Davis — Yea
Duvall — Not Voting
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Not Voting
Hall — Yea
Krekorian — Yea
Miller — Not Voting
Price — Yea
Skinner — Yea
Ammiano — Yea
Harkey — Not Voting
Nielsen — Not Voting
Solorio — Yea
Torlakson — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

finance labor
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Frequently asked questions

What does AB 88 do?
(1) Under existing law, a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve provisions that require the expenditure of funds pursuant to memoranda of understanding entered into between the state employer and State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, the Service Employees International Union, Local 1000, and would provide that these provisions will become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act. (2) The annual Budget Act appropriates specified amounts from the General Fund, unallocated special funds, and unallocated nongovernmental cost funds, for state employee compensation. This bill would appropriate $856,500,000 from those funds for state employee compensation in augmentation of the Budget Act of 2009. (3) This bill would provide that provisions of the memoranda of understanding approved by this bill that require the expenditure of funds will not take effect unless funds for these provisions are specifically appropriated by the Legislature, and would authorize either party to reopen negotiations on all or part of a memorandum of understanding if the Legislature does not approve or fully fund any provision of the memorandum of understanding that requires the expenditure of funds. (4) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 88?
AB 88 is sponsored by Committee on Public Employees, Retirement and Social Security.
What is the current status of AB 88?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 88?
Track AB 88 free on One Click Politics — get push/email alerts when it moves.

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