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MVCAC Legislative Status Report
September 17, 2007

 

 

AB 219

(Jeffries) Disability retirement: medical examinations. (I-01/29/2007  html  pdf)

Status:05/02/2007-Failed Deadline pursuant to Rule 61(a)(2). Last location was P.E.,R. & S.S.

Current Location:05/02/2007-A 2 YEAR

Calendar Events:

 

Summary:

Under the Public Employees' Retirement System, if a recipient of a disability retirement allowance who is under the minimum age for voluntary retirement for service applicable to members of his or her class refuses to submit to a medical examination, the pension portions of his or her allowance may be discontinued until his or her withdrawal of the refusal, or cancelled if the refusal continues for one year. This bill would provide that if a recipient of a disability retirement allowance who is over the minimum age for voluntary retirement for service applicable to members of his or her class, and who has been receiving a retirement allowance for less than 36 months, refuses to submit to a medical examination, the pension portions of his or her allowance may be discontinued until the withdrawal of the refusal. This bill contains other related provisions and other existing laws.

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Watch

 

 

MVCAC Team 1

 

 

 

AB 275

(Soto) Public employees: retirement: industrial disability. (I-02/09/2007  html  pdf)

Status:05/02/2007-Failed Deadline pursuant to Rule 61(a)(2). Last location was P.E.,R. & S.S.

Current Location:05/02/2007-A 2 YEAR

Calendar Events:

 

Summary:

The Public Employees' Retirement Law provides a formula for calculating the retirement allowance for a local safety member for industrial disability. Existing law establishes this disability retirement allowance as 50% of the member's final compensation plus an annuity, purchased with the member's accumulated additional contributions, if any, or if the member is qualified for service retirement, the member's service retirement allowance, if the allowance, after deducting the annuity, is greater. Existing law limits the industrial disability allowance of local safety members whose membership commenced after January 1, 1980, as specified. This bill would provide a different method for calculating the disability retirement allowance of specified local safety members. The bill would provide that those local safety members shall receive a disability retirement allowance that is the greater of (a) 50% of the member's final compensation, plus an annuity purchased with accumulated contributions, if any, (b) a service retirement allowance, if the member is qualified for service retirement, or (c) 3% or 2.4%, for specified members, of the member's final compensation, multiplied by the difference of one minus 0.01 for each quarter year that the member's service age is less than 50 years, multiplied by the number of years of local safety service, as specified, if the member is not qualified for service retirement.

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Watch

 

 

MVCAC Team 2

 

 

 

AB 281

(Silva) State mandates: Commission on State Mandates. (I-02/09/2007  html  pdf)

Status:05/14/2007-Failed Deadline pursuant to Rule 61(a)(3). Last location was PRINT

Current Location:05/14/2007-A 2 YEAR

Calendar Events:

 

Summary:

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish the Commission on State Mandates and specify procedures for making that reimbursement, including a provision that, with the agreement of all parties to a test claim, the commission may waive the application of any procedural requirement. This bill would make a technical, nonsubstantive change to these statutory provisions.

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Watch

 

 

MVCAC Team 3

 

 

 

AB 503

(Swanson) Public agencies: overtime: notice. (A-06/01/2007  html  pdf)

Status:06/14/2007-Referred to Com. on RLS.

Current Location:06/14/2007-S RLS.

Calendar Events:

 

Summary:

Existing law generally regulates the working hours of public and private employees. Existing law provides that 8 hours constitutes a day's work, except as specified. This bill would require the California Research Bureau to conduct a study, to be submitted to the Legislature by June 30, 2008, on issues related to a requirement that state and local agencies provide eight hours' written notice to employees who are required to work overtime. The bill would require the study to address the impacts of such a requirement on both employers and employees .

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Oppose

 

 

MVCAC Team 4

 

 

 

AB 506

(Lieu) Battery: code enforcement officer. (I-02/20/2007  html  pdf)

Status:06/19/2007-In committee: Set, first hearing. Held without recommendation.

Current Location:06/19/2007-S PUB. S.

Calendar Events:

 

Summary:

Existing law provides if a battery is committed against a peace officer, firefighter, or other officer, excluding code enforcement officers, and an injury is inflicted on the victim, the battery is punishable by a fine not exceeding $2,000, imprisonment in a county jail not exceeding one year, or by both, or by imprisonment in the state prison for 16 months, or 2 or 3 years. This bill would include code enforcement officers in those provisions. Because this bill would change the definition of a crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Support

 

 

MVCAC Team 5

 

 

 

AB 524

(Hancock) Public employees: local agencies. (A-05/10/2007  html  pdf)

Status:05/23/2007-Referred to Com. on P.E. & R.

Current Location:05/23/2007-S P.E. & R.

Calendar Events:

 

Summary:

The Public Employees' Medical and Hospital Care Act requires the Board of Administration of the Public Employees' Retirement System to administer the provisions of the act. That law permits a contracting agency to elect to be subject to the act for its employees and annuitants, provided that employer contributions for annuitants at all times equal employer contributions paid for active employees. That law provides that the employer contribution for postretirement health benefit coverage for an employee of a contracting agency is based upon the employee's completed years of credited state service at retirement. This bill would permit the West County Waste Water District to provide an employer contribution for postretirement health coverage based on credited service of the employee, as specified. The bill would provide that the employer contribution shall be 100% of the weighted average of health benefit plan premiums for an employee and an additional 90% of the weighted average of health benefit plan premiums for family members of those employees if the employee completes 10 years of state service at retirement, as specified. The bill would provide that these provisions do not apply to the West County Waste Water District, the employees of the district, or the annuitants of those employees until the district files with the Board of Administration of the Public Employees' Retirement System a resolution of the governing body of the district that the district will be subject to these provisions.

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Watch

 

 

MVCAC Team 6

 

 

 

AB 529

(Torrico) Local public employees organizations. (I-02/21/2007  html  pdf)

Status:05/14/2007-Failed Deadline pursuant to Rule 61(a)(3). Last location was PRINT

Current Location:05/14/2007-A 2 YEAR

Calendar Events:

 

Summary:

Existing law gives public employees the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, except as specified. Existing law requires a public agency to grant exclusive or majority recognition to an employee organization based on a signed petition, authorization cards, or union membership cards showing that a majority of the employees in an appropriate bargaining unit desire the representation, unless another labor organization has previously been lawfully recognized as exclusive or majority representative of all or part of the same unit. This bill would make a technical, nonsubstantive change to these provisions.

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Watch

 

 

MVCAC Team 1

 

 

 

AB 553

(Hernandez) Public Employment Relations Board. (E-09/06/2007  html  pdf)

Status:09/06/2007-Enrolled and to the Governor at 6 p.m.

Current Location:09/06/2007-A ENROLLED

Calendar Events:

 

Summary:

The Meyers-Milias-Brown Act delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees. The act prescribes the powers and duties of the board with regard to, among other things, elections, the processing of unfair practice charges, and, in connection to an enumerated section of the Government Code, the authority of the board to petition the court for appropriate temporary relief or restraining orders. This bill would provide that, under the Meyers-Milias-Brown Act, the Public Employment Relations Board is exclusively authorized to make a determination whether to seek from a court of competent jurisdiction injunctive relief involving or growing out of a strike, work stoppage, or lockout involving an employee organization and a public agency. The bill would provide that those changes are declaratory of existing law, as specified.

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Watch

 

 

MVCAC Team 2

 

 

 

AB 554

(Hernandez) Public employees: benefits. (E-09/14/2007  html  pdf)

Status:09/10/2007-Senate amendments concurred in. To enrollment. (Ayes 47. Noes 31. Page 3142.)

Current Location:09/10/2007-A ENROLLMENT

Calendar Events:

 

Summary:

The Public Employees' Medical and Hospital Care Act permits an employer to elect to participate in the prefunding of health care coverage for annuitants. Under that law, if an employer elects to participate in the prefunding of health care coverage for annuitants, the Board of Administration of the Public Employees' Retirement System determines the contribution rate for that employer. That law requires the board of administration to notify each employer that provides retirement benefits through the Public Employees' Retirement System of that employer's contribution rate, regardless of whether that employer participates in the prefunding of health care coverage. This bill would revise and recast those provisions to permit the Board of Administration of the Public Employees' Retirement System to authorize an employer to participate in the prefunding of health care coverage and other postemployment benefits for annuitants. The bill would require a participating employer to contract with the board of administration regarding specified terms and conditions of the prefunding of health care coverage and other postemployment benefits.

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Watch

 

 

MVCAC Team 3

 

 

 

AB 731

(Solorio) Health care coverage: public agencies. (I-02/22/2007  html  pdf)

Status:05/14/2007-Failed Deadline pursuant to Rule 61(a)(3). Last location was PRINT

Current Location:05/14/2007-A 2 YEAR

Calendar Events:

 

Summary:

Existing law, the Knox-Keene Health Care Service Plan Act of 1974, provides for the licensing and regulation of health care service plans. Existing law provides for the regulation of health insurers by the Department of Insurance. This bill would declare the intent of the Legislature to require health care coverage providers to disclose to public agency governing boards that they contract with all fees and commissions paid to the agency's insurance broker.

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Watch

 

 

MVCAC Team 4

 

 

 

AB 1047

(Houston) Uniform Public Construction Cost Accounting Act: notification. (C-07/27/2007  html  pdf)

Status:07/27/2007-Chaptered by the Secretary of State, Chapter Number 144, Statutes of 2007

Current Location:07/27/2007-A CHAPTERED

Calendar Events:

 

Summary:

Existing law allows a public agency to elect to be subject to the Uniform Public Construction Cost Accounting Act, which authorizes bidding procedures for public projects, as specified. This bill would require the Controller to send a notice, on or before January 1, 2009, to all public agencies describing the provisions of, and the benefits of, using the bidding procedures authorized under the act. This bill contains other related provisions and other existing laws.

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Watch

 

 

MVCAC Team 6

 

 

 

AB 1076

(Houston) Public works: prevailing wage rates: wage and penalty assessments. (A-04/10/2007  html  pdf)

Status:06/01/2007-Failed Deadline pursuant to Rule 61(a)(5). Last location was APPR. SUSPENSE FILE

Current Location:06/01/2007-A 2 YEAR

Calendar Events:

 

Summary:

Existing law requires that workers employed on public works projects that cost more than $1,000 be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality that the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. Existing law requires the Labor Commissioner to issue a civil wage and penalty assessment to a contractor or subcontractor, or both, if the Labor Commissioner determines, after investigation, that the contractor or subcontractor, or both, violated the laws regulating public works contracts, including the payment of prevailing wages . Existing law permits the affected contractor or subcontractor to obtain review of a civil wage and penalty assessment or a notice of withholding, as defined, by transmitting a written request for a hearing to the office of the Labor Commissioner within 60 days after service of the assessment or notice and would require a hearing officer, as specified, or, after January 1, 2009, an administrative law judge appointed by the Director of Industrial Relations, to commence a hearing within 90 days of receipt of the request. Existing law provides that, after 60 days following the service of the assessment or notice, the affected contractor, subcontractor, and surety on a bond issued to secure the payment of wages, as provide d, become liable for liquidated damages in an amount equal to the amount of unpaid wages, as specified. Existing law authorizes the hearing officer, as specified, or, after January 1, 2009, an administrative judge, to waive payment of the liquidated damages if the affected contractor or subcontractor demonstrates, as provided, that he or she had substantial grounds for believing the assessment or notice to be in error, and also permits the affected contractor or subcontractor to obtain review of the administrative decision by filing a petition for a writ of mandate to the superior court within 45 days after service of the decision. Existing law also provides that the contractor and subcontractor are jointly and severally liable for all amounts due pursuant to a final order or a judgment on that final order. This bill would modify those provisions to provide that an affected contractor, subcontractor, and surety, as specified, become liable for liquidated damages after 60 days following the service of the assessment or notice of withholding, as specified, only if no request for a hearing has been made. This bill would also require, as provided, the affected contractor, subcontractor, and surety to pay all wages due, as specified, within 45 days following the service of the administrative decision or notice from the court regarding a writ of mandate, whichever is applicable, and would require a payment of liquidated damages, as specified, if full payment is not made within those 45 days .

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Watch

 

 

MVCAC Team 1

 

 

 

AB 1124

(Karnette) County employees' retirement. (E-09/11/2007  html  pdf)

Status:09/11/2007-Enrolled and to the Governor at 7:45 p.m.

Current Location:09/11/2007-A ENROLLED

Calendar Events:

 

Summary:

The County Employees Retirement Law of 1937 sets forth the membership composition for boards of retirement and boards of investments, as specified. Under that law, the retirement board in specified counties is comprised of 9 members and, unless there is no eligible candidate, an alternate member who is the candidate for the 7th member from the group of safety members under specified provisions that is not represented by a board member who received the highest number of votes for all candidates in that group. Under that law, the alternate member shall vote as a member of the retirement board only if the 2nd, 3rd, 7th, or 8th member is absent from a board meeting or if there is a vacancy on the board with respect to those members, as specified. This bill would, unless prohibited by a resolution or regulation of the board, provide that the alternate member shall have the same rights, privileges, responsibilities, and access to closed sessions as the 2nd, 3rd, 7th, or 8th member and permit the alternate member to hold positions on committees of the board independent of the 2nd, 3rd, 7th, or 8th member and permit the alternate member to participate in the deliberations of the board or its committees whether or not the 2nd, 3rd, 7th, or 8th member is present. This bill contains other related provisions and other existing laws.

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Watch

 

 

MVCAC Team 2

 

 

 

AB 1135

(Strickland) State government: reports: declarations. (E-09/10/2007  html  pdf)

Status:09/05/2007-Assembly Rule 77 suspended. (Page 2925.) Senate amendments concurred in. To enrollment. (Ayes 73. Noes 1. Page 2938.)

Current Location:09/05/2007-A ENROLLMENT

Calendar Events:

 

Summary:

Existing law generally sets out the requirements for the submission of written reports by public agencies to the Legislature, the Governor, the Controller, and state legislative and other executive entities. This bill would require a written report, as defined, submitted by any state agency or department to the Legislature, a Member of the Legislature, or any state legislative or executive body to include a signed statement by the head of the agency or department declaring that the factual contents of the written report are true, accurate, and complete to the best of his or her knowledge. This bill contains other related provisions.

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Watch

 

 

MVCAC Team 3

 

 

 

AB 1169

(DeVore) Redevelopment plans: approval. (I-02/23/2007  html  pdf)

Status:05/14/2007-Failed Deadline pursuant to Rule 61(a)(3). Last location was PRINT

Current Location:05/14/2007-A 2 YEAR

Calendar Events:

 

Summary:

Existing law, the Community Redevelopment Law, authorizes the establishment of redevelopment agencies in communities in order to address the effects of blight, as defined, in those communities and requires those agencies to prepare, or cause to be prepared, and approve a redevelopment plan for each project area. Existing law requires a redevelopment plan to describe generally the proposed method of financing the redevelopment of the project area. This bill would state the intent of the Legislature to enact legislation that would prohibit a legislative body from adopting a redevelopment plan that provides for the use of tax-increment financing, amending a redevelopment plan in a manner that would decrease the amount of property tax revenues received by a county, or merging redevelopment project areas unless a state agency reviews and approves of the plan, amendment, or merger.

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

Watch

 

 

MVCAC Team 4

 

 

 

AB 1170

(Krekorian) State mandates. (A-07/17/2007  html  pdf)

Status:08/30/2007-In committee: Set, first hearing. Held under submission.

Current Location:08/30/2007-S APPR. SUSPENSE FILE

Calendar Events:

 

Summary:

Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, including school districts, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law establishes a procedure for local governmental agencies to file claims for reimbursement of these costs with the Commission on State Mandates. Under this procedure, the commission is required to hear and decide upon each claim for reimbursement and then determine the amount to be subvened for reimbursement, which the Controller shall pay to eligible claimants. The procedure also provides that a reimbursement claim for actual costs filed by a local agency or school district is subject to an audit by the Controller no later than 3 years after the date that the actual reimbursement claim is filed or last amended, whichever is later, but that, if no funds are appropriated or no payment is made to a claimant for the fiscal year for which the claim is filed, the audit shall be commenced no later than 3 years from the date of the initial payment of the claim. This bill would require the commission to issue a decision upon a local agency or school district test claim no later than 36 months after the date the claim is filed if the claim was filed on or after January 1, 2009, and no later than December 31, 2013. It would require the commission to include in a specified semiannual report to the Legislature a list of each test claim for which a decision was not issued within the 36-month period and an explanation of why it was not met. It also would, with respect to a reimbursement claim that is filed or last amended on or after January 1, 2009, and no later than December 31, 2013, delete the provision that authorizes the Controller to commence an audit no later than 3 years from the date of the initial payment of the claim if certain conditions exist.

 

 

Organization

Assigned

Position

Priority

Subject

Groups

MVCAC

RHeim

 

 

 

MVCAC Team 1

 

 

 

AB 1222

(Laird) State mandates: legislatively determined mandate. (E-09/11/2007  html  pdf)

Status:09/11/2007-Senate amendments concurred in. To enrollment.

Current Location:09/11/2007-A ENROLLMENT

Calendar Events: