California 2021-2022 Regular Session Status: Passed Assembly

AB 159 — State Employment: State Bargaining Unit 6.

Last action — In Senate. Held at Desk.

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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 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law provides that 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 the agreement entered into by the state employer and State Bargaining Unit 6. The bill would approve provisions requiring the expenditure of funds in the addendum entered into by the state employer and State Bargaining Unit 6. The bill would authorize the state employer or State Bargaining Unit 6 to reopen negotiations if funds for those provisions are not specifically appropriated by the Legislature. The bill would provide that the provisions of the addendum that require expenditure of funds become effective even if those provisions are approved by the Legislature in legislation other than the annual Budget Act. Existing law, for the 2021–22 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by specified memoranda of understanding, if the Budget Act for that fiscal year is not enacted by July 1, 2021. Existing law includes within this appropriation provision a memorandum of understanding for State Bargaining Unit 6, effective July 3, 2020, to July 2, 2022. This bill would revise the expiry date of the memorandum of understanding above for State Bargaining Unit 6 to July 2, 2023. Existing law, for the 2022–23 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by specified memoranda of understanding, if the Budget Act for that fiscal year is not enacted by July 1, 2022. Existing law includes within this appropriation provision a memorandum of understanding described above for State Bargaining Unit 6, effective July 3, 2020, to July 2, 2022. This bill would revise the expiry date of the memorandum of understanding described above for State Bargaining Unit 6 to July 2, 2023. Existing law, for the 2023–24 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by a memorandum of understanding entered into between the state employer and State Bargaining Unit 5, if the Budget Act of 2023 is not enacted by July 1, 2023. This bill would further include, within these continuous appropriation provisions, the amount necessary for the payment of compensation and employee benefits to state employees covered by the memorandum of understanding entered into for State Bargaining Unit 6. The Public Employees' Medical and Hospital Care Act (PEMHCA) , which is administered by the Board of Administration of the Public Employees' Retirement System, prescribes methods for calculating the state employer contribution for postemployment health care benefits for eligible retired public employees and their families and for the vesting of these benefits. PEMHCA establishes the Annuitants' Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs. PEMHCA requires the state and employees in specified State Bargaining Units to prefund retiree health care costs, subject to certain conditions. PEMHCA requires employees in State Bargaining Unit 6 to make contributions to prefund retiree health care and the state employer to make a matching contribution, as specified. PEMHCA suspends those employees' monthly contribution for prefunding other postemployment benefits for the 2020–21 and 2021–22 fiscal years. PEMHCA provides that the employer's monthly contribution for prefunding other postemployment benefits continues in the 2020–21 and 2021–22 fiscal years. This bill would instead only suspend the employees' monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year. The bill would also revise the employer's monthly contribution for prefunding to specify that it will continue in the 2020–21 fiscal year. The bill would appropriate the sum of $509,997,000 for State Bargaining Unit 6 for expenditure in the 2021–22 fiscal year in augmentation of, and for the purpose of, state employee compensation, as provided. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. This bill would incorporate additional changes to Sections 19829.9849, 19829.9850, 19829.9851, and 22944.5 of the Government Code proposed by AB 142 to be operative only if this bill and AB 142 are enacted and this bill is enacted last.

Bill Text

Action History

  1. In Senate. Held at Desk.

  2. Ordered to the Senate.

  3. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 1 pursuant to Assembly Rule 77.

  4. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 2. Page 1662.).

  5. Ordered to third reading.

  6. Senate Rule 29 suspended. (Ayes 31. Noes 9. Page 1658.)

  7. From committee: Do pass. (Ayes 16. Noes 0. Page 1691.) (June 28).

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

  9. Joint Rule 62(a), file notice suspended. (Ayes 29. Noes 9. Page 1627.)

  10. Referred to Com. on B. & F.R.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 18. Page 491.)

  13. Read second time. Ordered to third reading.

  14. Ordered to second reading.

  15. Withdrawn from committee.

  16. Assembly Rule 96 suspended. (Ayes 53. Noes 17. Page 432.)

  17. Re-referred to Com. on BUDGET.

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

  19. Referred to Com. on BUDGET.

  20. Read first time.

  21. From printer. May be heard in committee February 9.

  22. Introduced. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 12 voted No

Sponsors (1)

  • Committee on Budget

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

Do pass

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7002
Republican 3000
Democratic 6000
Total 16002
% of votes cast 89%0%0%11%
How each member voted (18)
Member Party Vote
Min — Yea
Wieckowski — Yea
Pan — Yea
Skinner — Yea
Nielsen — Yea
Newman — Yea
Kamlager — Yea
Melendez — Not Voting
Eggman — Not Voting
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

2nd Reading AB159 BUDGET (Ting) By Skinner

Passed 35 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 21101
Republican 4000
Democratic 10102
Total 35203
% of votes cast 88%5%0%8%
How each member voted (40)
Member Party Vote
Atkins — Yea
Leyva — Yea
Pan — Yea
Nielsen — Yea
Portantino — Yea
Wilk — Yea
Bates — Yea
Roth — Yea
Melendez — Yea
Wieckowski — Yea
Hueso — Yea
Gonzalez — Yea
Min — Yea
Dodd — Yea
Rubio — Yea
Skinner — Yea
Bradford — Yea
Newman — Yea
Kamlager — Yea
Borgeas — Yea
Hertzberg — Yea
Glazer — Nay
Eggman — Not Voting
Allen, Benjamin Democratic Not Voting
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Not Voting
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Nay
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

AB 159 BUDGET Assembly Third Reading By TING

Passed 56 Yea · 18 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 25200
Unaffiliated 31704
Republican 0901
Total 561805
% of votes cast 71%23%0%6%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Burke — Yea
Cooper — Yea
Chau — Yea
Smith — Nay
Voepel — Nay
Waldron — Nay
Cunningham — Nay
Kiley — Nay
Mathis — Nay
Bigelow — Nay
Kamlager — Not Voting
Quirk — Not Voting
Mayes — Not Voting
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Not Voting

Official roll call →

Subjects

finance labor
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Frequently asked questions

What does AB 159 do?
Existing law provides that 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 the agreement entered into by the state employer and State Bargaining Unit 6. The bill would approve provisions requiring the expenditure of funds in the addendum entered into by the state employer and State Bargaining Unit 6. The bill would authorize the state employer or State Bargaining Unit 6 to reopen negotiations if funds for those provisions are not specifically appropriated by the Legislature. The bill would provide that the provisions of the addendum that require expenditure of funds become effective even if those provisions are approved by the Legislature in legislation other than the annual Budget Act. Existing law, for the 2021–22 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by specified memoranda of understanding, if the Budget Act for that fiscal year is not enacted by July 1, 2021. Existing law includes within this appropriation provision a memorandum of understanding for State Bargaining Unit 6, effective July 3, 2020, to July 2, 2022. This bill would revise the expiry date of the memorandum of understanding above for State Bargaining Unit 6 to July 2, 2023. Existing law, for the 2022–23 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by specified memoranda of understanding, if the Budget Act for that fiscal year is not enacted by July 1, 2022. Existing law includes within this appropriation provision a memorandum of understanding described above for State Bargaining Unit 6, effective July 3, 2020, to July 2, 2022. This bill would revise the expiry date of the memorandum of understanding described above for State Bargaining Unit 6 to July 2, 2023. Existing law, for the 2023–24 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by a memorandum of understanding entered into between the state employer and State Bargaining Unit 5, if the Budget Act of 2023 is not enacted by July 1, 2023. This bill would further include, within these continuous appropriation provisions, the amount necessary for the payment of compensation and employee benefits to state employees covered by the memorandum of understanding entered into for State Bargaining Unit 6. The Public Employees' Medical and Hospital Care Act (PEMHCA) , which is administered by the Board of Administration of the Public Employees' Retirement System, prescribes methods for calculating the state employer contribution for postemployment health care benefits for eligible retired public employees and their families and for the vesting of these benefits. PEMHCA establishes the Annuitants' Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs. PEMHCA requires the state and employees in specified State Bargaining Units to prefund retiree health care costs, subject to certain conditions. PEMHCA requires employees in State Bargaining Unit 6 to make contributions to prefund retiree health care and the state employer to make a matching contribution, as specified. PEMHCA suspends those employees' monthly contribution for prefunding other postemployment benefits for the 2020–21 and 2021–22 fiscal years. PEMHCA provides that the employer's monthly contribution for prefunding other postemployment benefits continues in the 2020–21 and 2021–22 fiscal years. This bill would instead only suspend the employees' monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year. The bill would also revise the employer's monthly contribution for prefunding to specify that it will continue in the 2020–21 fiscal year. The bill would appropriate the sum of $509,997,000 for State Bargaining Unit 6 for expenditure in the 2021–22 fiscal year in augmentation of, and for the purpose of, state employee compensation, as provided. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. This bill would incorporate additional changes to Sections 19829.9849, 19829.9850, 19829.9851, and 22944.5 of the Government Code proposed by AB 142 to be operative only if this bill and AB 142 are enacted and this bill is enacted last.
Who sponsors AB 159?
AB 159 is sponsored by Committee on Budget.
What is the current status of AB 159?
This bill died with 2021-2022 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 159?
Track AB 159 free on One Click Politics — get push/email alerts when it moves.

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