California 2009-2010 Regular Session Status: Passed Assembly

AB 790 — State employees: compensation.

Last action — Died on Senate inactive file.

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

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, or 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 State 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 would specify, if a memorandum of understanding is in effect that has been approved by the Legislature, that the compensation and contribution for employee benefits for represented state employees be at a rate consistent with the memorandum of understanding and, for state employees excluded from collective bargaining, at the rate approved by the Department of Personnel Administration prior to the commencement of the fiscal year for which a Budget Act has not been enacted. The bill would require, if a memorandum of understanding is not in effect for represented state employees and the department has not approved a compensation package for state employees excluded from collective bargaining, that the compensation and contribution for employee benefits for represented state employees and state employees excluded from collective bargaining be at the rate in effect at the expiration of the last fiscal year for which a budget was enacted. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Died on Senate inactive file.

  2. To inactive file on motion of Senator Correa.

  3. Reconsideration granted. (Ayes 34. Noes 0. Page 3117.)

  4. Motion to reconsider made by Senator Correa.

  5. Read third time. Urgency clause refused adoption. (Ayes 23. Noes 10. Page 3117.)

  6. Ordered to third reading.

  7. Withdrawn from committee.

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

  9. Re-referred to Com. on RLS.

  10. Read second time. To third reading.

  11. Read third time, amended. To second reading.

  12. Read second time. To third reading.

  13. From committee: Do pass. (Ayes 7. Noes 3.) (March 15).

  14. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 1.) (March 8).

  15. In committee: Hearing postponed by committee.

  16. 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.

  17. In committee: Hearing postponed by committee.

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

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

  20. Read third time, passed, and to Senate. (Ayes 46. Noes 30. Page 2065.)

  21. Read second time. To third reading.

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

  23. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).

  24. In committee: Set, second hearing. Referred to APPR. suspense file.

  25. Re-referred to Com. on APPR.

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

  27. In committee: Set, first hearing. Hearing canceled at the request of author.

  28. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 1.) (April 22).

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

  30. From printer. May be heard in committee March 29.

  31. Read first time. To print.

Sponsors

  • Hernandez · Primary
  • Ruskin · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 4 voted No

Sponsors (1)

  • Hernandez

Co-sponsors (1)

  • Ruskin

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 AB790 Hernandez Reconsider

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Democratic 2000
Republican 1000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Ashburn — Yea
Dutton — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hancock — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Alquist — Not Voting
Harman — Not Voting
Hollingsworth — Yea
Leno — Yea
Maldonado — Not Voting
Pavley — Yea
Walters — Yea
Wright — Yea
Cogdill — Not Voting
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB790 Hernandez Urgency Clause

Failed 24 Yea · 10 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 22906
Democratic 2000
Republican 0100
Total 241006
% of votes cast 60%25%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Hancock — Yea
Hollingsworth — Nay
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Ducheny — Yea
Kehoe — Yea
Leno — Yea
Runner — Nay
Dutton — Nay
Liu — Yea
Alquist — Not Voting
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Aanestad — Nay
Ashburn — Nay
Harman — Not Voting
Huff — Nay
Maldonado — Not Voting
Price — Yea
Wiggins — Not Voting
Wright — Yea
Wyland — Nay
Cogdill — Not Voting
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7301
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Nay
Corbett — Yea
Kehoe — Yea
Liu — Yea
Alquist — Yea
Leno — Yea
Price — Yea
Walters — Not Voting
Cox — Nay
Denham — Nay

Official roll call →

Committee amendments.

Failed 3 Yea · 7 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3701
Total 3701
% of votes cast 27%64%0%9%
How each member voted (11)
Member Party Vote
Wyland — Yea
Yee — Nay
Corbett — Nay
Cox — Yea
Kehoe — Nay
Liu — Nay
Alquist — Nay
Leno — Nay
Price — Nay
Walters — Not Voting
Denham — Yea

Official roll call →

Be re-referred to the Committee on Rules.

Failed 1 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 1302
Total 1302
% of votes cast 17%50%0%33%
How each member voted (6)
Member Party Vote
Ashburn — Not Voting
Corbett — Nay
Ducheny — Nay
Liu — Not Voting
Correa — Nay
Cox — Yea

Official roll call →

AB 790 RUSKIN Assembly Third Reading

Passed 53 Yea · 35 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 493304
Republican 1200
Total 533504
% of votes cast 58%38%0%4%
How each member voted (92)
Member Party Vote
Charles — Yea
Blumenfield — Yea
Eng — Yea
Feuer — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Tom — Nay
Fuentes — Yea
Galgiani — Yea
Garrick — Nay
Hagman — Nay
Hall — Yea
Fletcher — Nay
V. — Nay
Manuel — Nay
Perez — Nay
Audra — Nay
Bass — Yea
Blakeslee — Nay
Duvall — Nay
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Nay
Krekorian — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Furutani — Not Voting
Torres — Not Voting
Villines — Nay
Nestande — Nay
Price — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torrico — Yea
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Block — Not Voting
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hill — Yea
Jeffries — Nay
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Nay
Silva — Nay
Solorio — Yea
Torlakson — Yea
Tran — Nay
Carter — Yea
Emmerson — Nay
Coto — Yea
Evans — Yea
Davis — Yea
DeVore — Nay
Yamada — Not Voting
Fuller — Nay
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Harkey — Nay
Duvall — Nay
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Krekorian — Yea
Miller — Nay
Price — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

finance labor
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Frequently asked questions

What does AB 790 do?
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, or 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 State 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 would specify, if a memorandum of understanding is in effect that has been approved by the Legislature, that the compensation and contribution for employee benefits for represented state employees be at a rate consistent with the memorandum of understanding and, for state employees excluded from collective bargaining, at the rate approved by the Department of Personnel Administration prior to the commencement of the fiscal year for which a Budget Act has not been enacted. The bill would require, if a memorandum of understanding is not in effect for represented state employees and the department has not approved a compensation package for state employees excluded from collective bargaining, that the compensation and contribution for employee benefits for represented state employees and state employees excluded from collective bargaining be at the rate in effect at the expiration of the last fiscal year for which a budget was enacted. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 790?
AB 790 is sponsored by Hernandez and Ruskin.
What is the current status of AB 790?
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 790?
Track AB 790 free on One Click Politics — get push/email alerts when it moves.

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