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| Authors | Committee on Budget and Fiscal Review | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Subject | Labor. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Relating To | relating to labore, to take effect immediately, bill related to the budget. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Title | An act to amend Sections 53270 and 7926.300 of, and to add Sections 20508.4 and 20825.19 to, the Government Code, and to amend Sections 12300.4 and 12301.61 of, and to add Section 12316.9 to, the Welfare and Institutions Code, relating to labor, and making an appropriation therefore, to take effect immediately, bill related to the budget. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Last Action Dt | 2025-09-17 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| State | Chaptered | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Status | Chaptered | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Analyses | TBD | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Latest Text | Bill Full Text | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Latest Text Digest |
(1) PERL prescribes methods for the calculation and payment of the state employer contribution for its employees who are PERS members. PERL provides for an annual adjustment of the state’s contribution in the budget and quarterly appropriations to the Public Employees’ Retirement Fund from the General Fund and other funds that are responsible for payment of the employer contribution. Existing law makes additional General Fund appropriations to the Public Employees’ Retirement Fund for the 2020–21, 2021–22, 2022–23, 2023–24, and 2024–25 fiscal years. Supplemental payments connected with appropriations for those fiscal years are to be apportioned to the state employee member categories generally, as directed by the Department of Finance, and to specified state employee member categories, including to the state miscellaneous member category, the industrial member category, the state safety member category, and the state peace officer/firefighter member category. The California Constitution establishes the Budget Stabilization Account in the General Fund and requires the Controller, in each fiscal year, to transfer from the General Fund to the Budget Stabilization Account amounts that include a sum equal to 1.5% of the estimated amount of General Fund revenues for that fiscal year. These provisions further require, until the 2029–30 fiscal year, that the Legislature appropriate a percentage of these moneys, the amount of which is generated pursuant to specified calculations, for certain obligations and purposes, including addressing unfunded liabilities for state-level pension plans. This bill would appropriate $372,000,000 from the General Fund for the purposes identified in the constitutional provisions described above, to supplement the state’s appropriation to the Public Employees’ Retirement Fund. The bill would specify that this appropriation represents a portion of the amount identified in a specific provision of the Budget Act of 2025. The bill would require the Department of Finance to provide the Controller with a schedule establishing the timing of specific transfers. The bill would require the supplemental payment to the Public Employees’ Retirement Fund to be apportioned to specified state employee member categories, not to exceed $174,523,000 to the state miscellaneous member category, $10,296,000 to the state industrial member category, $20,479,000 to the state safety member category, and $166,702,000 to the state peace officer/firefighter member category. The bill would require the appropriation described above to be applied to the unfunded state liabilities for the state employee member categories that are in excess of the base amounts for the 2025–26 fiscal year. (2) This bill would authorize a successor agency for the Humboldt No. 1 Fire Protection District and City of Eureka Fire Department to provide employees the defined benefit plan or formula that those employees received from their respective employer prior to the annexation, as prescribed. (3) This bill would revise these provisions to specify the person was serving as a permanent career civilian firefighter, in good standing, employed by the federal government or contracted to serve at a federal installation, and would make conforming changes. (4) This bill would instead authorize either party to opt to bypass the mediation process to move directly to factfinding, and would instead authorize both the parties, by mutual agreement, to request postfactfinding mediation. The bill would require the findings of fact and recommended settlement terms to be made public immediately if either party declines to elect postfactfinding mediation. Existing law subjects a county to a withholding of 1991 Realignment funds if, among other things, the county does not reach an agreement with the employee organization within 90 days after the release of the factfinding panel’s recommended settlement terms. This bill would instead change that timeline to 30 days after the release of the factfinding panel’s recommended settlement term. Existing law also establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law authorizes certain Medi-Cal recipients to receive waiver personal care services, as defined, in order to allow the recipients to remain in their own homes. Existing law requires that in-home supportive services and waiver personal care services be performed by providers within a workweek that does not exceed 66 hours per week. Existing law defines the total number of hours worked within a workweek to be the sum of all hours worked providing authorized services and travel time. If federal financial participation is available for travel time, existing law prohibits the travel time from being included in the calculation of the total weekly hours worked within a workweek. Existing law specifies that only federal law and regulations regarding overtime compensation apply to the aforementioned providers of authorized services. This bill would instead require the hours worked by a provider in the performance of services or travel time that exceed 40 hours in a workweek to be compensated at one and 1 Existing law, the California Public Records Act, requires public records to be open to inspection at all times during the office hours of the state or local agency that retains those records, and provides that every person has a right to inspect any public record, except as provided. Existing law provides that certain information regarding persons paid by the state to provide in-home supportive services or certain personal care services are not subject to disclosure under those provisions. Existing law further provides that copies of names, addresses, home telephone numbers, and other identifying information are required to be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights under specified collective bargaining provisions. This bill would, if the State Department of Social Services determines it is necessary to avoid disruption to payroll processes, authorize banking information, subject to a data sharing agreement, to be provided to the payment processing contractor of the recognized employee organization only for persons who have signed a membership agreement authorizing such disclosure. Existing law requires the State Department of Social Services to be responsible for procuring and implementing a new Case Management Information and Payroll System (CMIPS) to provide case management, payroll, and management information in order to support the IHSS program and Personal Care Services Program. The bill would require the department to contract for payrolling or related functions, as necessary, subject to the same statutory requirements that apply to the State Controller when making such deductions. (5) (6) This bill would make legislative findings to that effect. (7) |