California 2009-2010 Regular Session Status: Passed Assembly

AB 964 — State employees: memorandum of understanding.

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

  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 Public Employees' Retirement Law and the State Teachers' Retirement Law provide retirement benefits based upon final compensation and years of credited service. Both laws provide that state employees in the personal leave program shall receive credit for service that would have been credited had the employee not been in the personal leave program. This bill would provide that the calculations of retirement allowances under the Public Employees' Retirement Law for state employees in the Mandatory Personal Furlough Leave Program, as defined, shall include earnings, contributions, and compensation earnable that would have been reported had the employee not been in the Mandatory Personal Furlough Leave Program. The bill also would provide, for all retirement purposes under the State Teachers' Retirement Law, including benefit eligibility and calculations of retirement allowances for state employees in the Mandatory Personal Furlough Leave Program, credit for service shall be based on the amount of service that would have been credited had the employee not been in the Mandatory Personal Furlough Leave Program. (3) 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 $9,474,000 from those funds for state employee compensation in augmentation of the Budget Act of 2008. (4) 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 the memoranda of understanding if the Legislature does not approve or fully fund any provision of the memoranda of understanding that requires the expenditure of funds. 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. January 27-Motion to reconsider continued.

  3. Motion to reconsider made by Assembly Member Torrico.

  4. Read third time. Urgency clause refused adoption. (Ayes 51. Noes 16. Page 1215.)

  5. Read second time. To third reading.

  6. From committee: Do pass. (Ayes 11. Noes 0.) (April 22).

  7. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 2.) (April 1).

  8. Re-referred to Com. on P.E.,R. & S.S.

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

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

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

  12. Read first time. To print.

Sponsors

  • Retirement and Social Security Committee on Public Employees · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 1 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

AB 964 P.E., R.& S.S. Third Reading Urgency By HERNANDEZ

Failed 60 Yea · 19 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 5418012
Democratic 5000
Republican 1101
Total 6019013
% of votes cast 65%21%0%14%
How each member voted (92)
Member Party Vote
Hagman — Nay
Carter — Yea
Chesbro — Yea
Coto — Yea
Feuer — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Block — Yea
Davis — Yea
Hernandez — Yea
Hill — Yea
Yamada — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Gaines — Nay
Audra — Nay
Cook — Not Voting
Garrick — Not Voting
Gilmore — Not Voting
Fletcher — Not Voting
DeVore — Nay
Duvall — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Anderson — Nay
Blakeslee — Not Voting
Monning — Yea
Nestande — Not Voting
Price — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Smyth — Not Voting
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Not Voting
Adams — Not Voting
Ammiano — Yea
Bass — Yea
Beall — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Nava — Yea
Nielsen — Not Voting
Solorio — Yea
Torres — Yea
Villines — Not Voting
Emmerson — Not Voting
Eng — Yea
Evans — Yea
Fuentes — Yea
Fuller — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 14005
Democratic 1000
Republican 0002
Total 15007
% of votes cast 68%0%0%32%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Not Voting
Davis — Yea
Duvall — Not Voting
Price — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Harkey — Not Voting
Miller — Not Voting
Nielsen — Not Voting
Skinner — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

finance labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 964 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 Public Employees' Retirement Law and the State Teachers' Retirement Law provide retirement benefits based upon final compensation and years of credited service. Both laws provide that state employees in the personal leave program shall receive credit for service that would have been credited had the employee not been in the personal leave program. This bill would provide that the calculations of retirement allowances under the Public Employees' Retirement Law for state employees in the Mandatory Personal Furlough Leave Program, as defined, shall include earnings, contributions, and compensation earnable that would have been reported had the employee not been in the Mandatory Personal Furlough Leave Program. The bill also would provide, for all retirement purposes under the State Teachers' Retirement Law, including benefit eligibility and calculations of retirement allowances for state employees in the Mandatory Personal Furlough Leave Program, credit for service shall be based on the amount of service that would have been credited had the employee not been in the Mandatory Personal Furlough Leave Program. (3) 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 $9,474,000 from those funds for state employee compensation in augmentation of the Budget Act of 2008. (4) 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 the memoranda of understanding if the Legislature does not approve or fully fund any provision of the memoranda of understanding that requires the expenditure of funds. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 964?
AB 964 is sponsored by Committee on Public Employees, Retirement and Social Security.
What is the current status of AB 964?
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 964?
Track AB 964 free on One Click Politics — get push/email alerts when it moves.

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