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<ns0:Id>20250SB__015696CHP</ns0:Id>
<ns0:VersionNum>96</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
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<ns0:ActionDate>2025-09-13</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>CHAPTERED</ns0:ActionText>
<ns0:ActionDate>2025-09-17</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>APPROVED</ns0:ActionText>
<ns0:ActionDate>2025-09-17</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>FILED</ns0:ActionText>
<ns0:ActionDate>2025-09-17</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>156</ns0:MeasureNum>
<ns0:MeasureState>CHP</ns0:MeasureState>
<ns0:ChapterYear>2025</ns0:ChapterYear>
<ns0:ChapterType>CHP</ns0:ChapterType>
<ns0:ChapterSessionNum>0</ns0:ChapterSessionNum>
<ns0:ChapterNum>110</ns0:ChapterNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Committee on Budget and Fiscal Review</ns0:AuthorText>
<ns0:Authors>
<ns0:Committee>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Committee on Budget and Fiscal Review</ns0:Name>
</ns0:Committee>
</ns0:Authors>
<ns0: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.</ns0:Title>
<ns0:RelatingClause>labor, and making an appropriation therefore, to take effect immediately, bill related to the budget</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Labor.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
Existing law, the Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS) for the purpose of providing pensions and benefits to state employees and their beneficiaries and prescribes the rights and duties of employers participating in the system. Under PERL, benefits are funded by investment income and employer and employee contributions, which are deposited into the Public Employees’ Retirement Fund, a continuously appropriated trust fund administered by the system’s board of administration.
</html:p>
<html:p>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.</html:p>
<html:p>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. </html:p>
<html:p>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. </html:p>
<html:p>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. </html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
PERL authorizes any public agency to make its employees members of PERS by contract. Under existing
law, when a contracting agency is succeeded by another agency, the successor agency may become a contracting agency of PERS. Existing law provides that if the successor agency contracts with PERS, the contract of the former agency shall merge with the contract of the succeeding agency. Existing law authorizes specified successor agencies to provide employees the defined benefit plan or formula that those employees received from their respective employer prior to annexation.
</html:p>
<html:p>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.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing law authorizes a local government, when hiring additional firefighters, to appoint as a member
or officer any person who meets specified criteria, including, among other things, that the person was serving as a permanent career civilian federal firefighter in good standing at any United States military installation and that the person was, as a consequence of the closure, downsizing, or realignment of a federal military installation, terminated as a permanent career civilian federal firefighter, as specified.
</html:p>
<html:p>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.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons are provided with services in order
to permit them to remain in their own homes. Under existing law, a county board of supervisors may elect to contract with a nonprofit consortium or establish a public authority to provide for the delivery of in-home supportive services. If a public authority or nonprofit consortium and an employee organization fail to reach agreement on a bargaining contract with IHSS workers, existing law authorizes either party to request mediation, and if there is no settlement effected through mediation, existing law requires the parties to submit their differences to factfinding. Existing law authorizes, if both parties agree, the parties to bypass the mediation process and move directly to factfinding, and authorizes either party to request postfactfinding mediation, as specified. Existing law prohibits the findings of fact and recommended settlement terms from being made public until the mediation has concluded if either party elects postfactfinding mediation.
</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
<html:p>This bill would instead change that timeline to 30 days after the release of the factfinding panel’s recommended settlement term.</html:p>
<html:p>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.</html:p>
<html:p>
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
<ns0:Fraction>
<ns0:Numerator>1</ns0:Numerator>
<ns0:Denominator>2</ns0:Denominator>
</ns0:Fraction>
times the provider’s hourly wage, and would, for the purposes of overtime compensation, disregard whether federal financial participation is available for travel time.
</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Humboldt.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional
requirements relating to this purpose.
</html:p>
<html:p>This bill would make legislative findings to that effect.</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>YES</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
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<ns0:MeasureIndicators>
<ns0:ImmediateEffect>YES</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>YES</ns0:Prop25TrailerBill>
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</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 7926.300 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>7926.300.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this division, information regarding persons paid by the state to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or personal care services pursuant to Section 14132.95, 14132.952, 14132.956, or 14132.97 of the Welfare and Institutions Code, and information about persons who have completed the form described in subdivision (a) of Section 12305.81 of the Welfare and Institutions Code for the provider enrollment process, is not subject to public disclosure pursuant to this division, except as provided in subdivision (b).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Copies of names, addresses, home telephone numbers, personal cellular telephone numbers, written or spoken languages, if known, and personal email addresses of persons described in subdivision (a) shall be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights pursuant to subdivision (c) of Section 12301.6, or Section 12302.5, of the Welfare and Institutions Code or Chapter 10 (commencing with Section 3500) of Division 4. This information shall not be used by the receiving entity for any purpose other than the employee organizing, representation, and assistance activities of the labor organization.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding subdivision (b) of Section 1798.24 of the Civil Code, and if the State Department of Social Services determines it is necessary to avoid
disruption to payroll processes, including deductions, banking information, subject to a data sharing agreement, may be provided to the payment processing contractor of the recognized employee organization only for persons described in subdivision (a) who have signed a membership agreement authorizing such disclosure.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section applies solely to individuals who provide services under the In-Home Supportive Services Program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code, the In-Home Supportive Services Plus Option Program pursuant to Section 14132.952 of the Welfare and Institutions Code, the Community First Choice Option Program pursuant to Section 14132.956 of the Welfare and Institutions Code, or the Waiver Personal Care Services Program
pursuant to Section 14132.97 of the Welfare and Institutions Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section does not alter the rights of parties under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4) or any other labor relations law.
</html:p>
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<ns0:BillSection id="id_28252B6D-E96A-4BFB-86E7-6FBCD1216146">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 20508.4 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_1A70CB26-1F12-46C1-83B0-966C3187F2FF">
<ns0:Num>20508.4.</ns0:Num>
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<html:p>A successor agency, pursuant to Section 20508, for the Humboldt No. 1 Fire Protection District and City of Eureka Fire Department may provide employees the defined benefit plan or formula that those employees received from their respective employer prior to the annexation. This section is applicable to all employees of the Humboldt No. 1 Fire Protection District who were employed at the time of annexation and remain employed at the successor agency on January 1, 2026.</html:p>
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<ns0:BillSection id="id_0DE2D700-2B43-49C7-B922-F7E5867DB257">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 20825.19 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_2C5FDAF6-D929-4A1A-9FC8-6181CE22423F">
<ns0:Num>20825.19.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to the appropriation required pursuant to Section 20814, the Legislature hereby appropriates three hundred seventy-two million dollars ($372,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution to supplement the state’s appropriation to the Public Employees’ Retirement Fund. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2025. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the
Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The supplemental payment to the Public Employees’ Retirement Fund described in paragraph (1) shall be apportioned to the following state employee member categories, as directed by the Department of Finance, not to exceed the following amounts:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
One hundred seventy-four million five hundred twenty-three thousand dollars ($174,523,000) to the state miscellaneous member category.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Ten million two hundred ninety-six thousand dollars ($10,296,000) to the state industrial member category.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Twenty million four hundred seventy-nine thousand dollars ($20,479,000) to the state safety member category.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
One hundred sixty-six million seven hundred two thousand dollars ($166,702,000) to the state peace officer/firefighter member category.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The appropriation made in paragraph (1) of subdivision (a) shall be applied to the unfunded state liabilities for the state employee member categories described in paragraph (2) of subdivision (a) that are in excess of the base amounts for the 2025–26 fiscal year.
</html:p>
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<ns0:BillSection id="id_E4487EB9-9A48-4D0F-8A78-8794490C9AE9">
<ns0:Num>SEC. 4.</ns0:Num>
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Section 53270 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_0B69C62B-BCFA-426C-B749-7E17DCBE0828">
<ns0:Num>53270.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature hereby finds that the hiring of permanent career civilian federal, state, and local government firefighters by local agencies as specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding any other provision of law, upon approval by its governing body, a local government, including, but not limited to, a fire protection district, joint powers agency, or the fire department of a city, including a charter city, county, or city and county, or any political subdivision of one of these agencies, when hiring additional firefighters, may appoint as a member or officer any person who meets all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Was serving as a permanent career civilian firefighter, in good standing, employed by the federal government or contracted to serve at a federal installation or a permanent career firefighter employed by the state or a local government within the state.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Has satisfactorily completed all firefighter training required for employment as a permanent career civilian federal, state, or local government firefighter.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Was, as a consequence of the closure, downsizing, or realignment of a federal installation, terminated as a permanent career civilian firefighter, or as a consequence of job-elimination, terminated as a permanent career state or local government firefighter, within 36 months prior to the appointment.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The appointment authority created by this section shall take precedence over any provision of, or any condition or circumstance arising from a provision of, a charter, ordinance, or resolution that governs employment of firefighters, that would otherwise frustrate the purpose of this section, including, but not limited to, the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The local government maintains a civil service or merit system governing the appointment of firefighters.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The local government has available to it an eligible or regular reemployment list of persons eligible for those appointments.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The appointed person is not on any eligible list.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A local government may not employ a person pursuant to this section if a special reemployment list is in existence for the firefighter position to be filled.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If a local government determines to appoint a person pursuant to this section, it shall give first priority to residents of the jurisdiction, and second priority to residents of the county not residing in the jurisdiction.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The seniority, seniority-related privileges, and rank that a permanent career civilian federal, state, or local government firefighter possessed while employed at a federal installation or by the state or a local government shall not be required to be transferred to a position in a local government fire department obtained pursuant to this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
To effectuate the purposes of this section, the California Firefighter Joint Apprenticeship Program may administer, prepare, and circulate to local governments a list of permanent career civilian federal, state, and local government firefighters eligible for appointment pursuant to this section. A permanent career civilian federal, state, or local government firefighter may apply for placement on the list after he or she receives a notice of termination of position or a priority placement notice and shall remain on the list for a period of 36 months.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_50608724-41EE-47F4-AF8A-8A0423D7824C">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'12300.4.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 12300.4 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_CEA6D6E5-CBAD-4365-B4CD-F77E14713D16">
<ns0:Num>12300.4.</ns0:Num>
<ns0:LawSectionVersion id="id_D7A6E622-67F6-4B81-91AF-928A3B474047">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, including, but not limited to, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code, a recipient who is authorized to receive in-home supportive services pursuant to this article, or Section 14132.95, 14132.952, or 14132.956, administered by the State Department of Social Services, or waiver personal care services pursuant to Section 14132.97, administered by the State Department of Health Care Services, or any combination of these services, shall direct these authorized services, and the authorized services shall be performed by a provider or providers within a workweek and in a manner that complies with the requirements of this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A workweek is defined
as beginning at 12:00 a.m. on Sunday and includes the next consecutive 168 hours, terminating at 11:59 p.m. the following Saturday.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A provider of services specified in subdivision (a) shall not work a total number of hours within a workweek that exceeds 66, in accordance with subdivision (d). The total number of hours worked within a workweek by a provider is defined as the sum of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
All hours worked providing authorized services specified in subdivision (a).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Travel time, as defined in subdivision (f), only if federal financial participation is not available to compensate for that travel time. If federal financial participation is available for travel time, as defined in subdivision (f), the travel time shall not be included in the calculation of the total weekly hours worked within a
workweek, except for purposes of overtime compensation pursuant to subdivision (c).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the authorized in-home supportive services of a recipient cannot be provided by a single provider as a result of the limitation specified in paragraph (2), it is the responsibility of the recipient to employ an additional provider or providers, as needed, to ensure the provider’s authorized services are provided within that provider’s total weekly authorized hours of services established pursuant to subdivision (b) of Section 12301.1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
It is the intent of the Legislature that this section not result in reduced services authorized to recipients of waiver personal care services, as described
in subdivision (a).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The State Department of Health Care Services shall work with and assist recipients receiving services pursuant to the Nursing Facility/Acute Hospital Transition and Diversion Waiver or the In-Home Operations Waiver, or their successors, who are at or near their individual cost cap, as that term is used in the waivers, to avoid a reduction in the recipient’s services that may result because of increased overtime pay for providers. As part of this effort, the department shall consider allowing the recipient to exceed the individual cost cap, if appropriate, and authorize exemptions as set forth in subdivision (d) of Section 14132.99. The department shall provide timely information to waiver recipients as to the steps that will be taken to implement this clause.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A provider shall inform each recipient of the number of hours that
the provider is available to work for that recipient, in accordance with this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A recipient, the recipient’s authorized representative, or any other entity shall not authorize any provider to work hours that exceed the applicable limitation or limitations of this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A recipient may authorize a provider to work hours in excess of the recipient’s weekly authorized hours established pursuant to Section 12301.1 without notification of the county welfare department, in accordance with both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The authorization does not result in more than 40 hours of authorized services per week being provided.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The authorization does not exceed the recipient’s authorized hours of monthly services pursuant to paragraph (1) of
subdivision (b) of Section 12301.1.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For providers of in-home supportive services, the State Department of Social Services or a county may terminate the provider from providing services under the IHSS program if a provider continues to violate the limitations of this section on multiple occasions.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any other law,
hours worked by a provider in the performance of services described in subdivision (a) or travel time described in subdivision (f) that exceed 40 hours in a workweek shall be compensated at one and one-half times the provider’s hourly wage.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A provider of services described in subdivision (a) is subject to all of the following, as applicable to the situation of that provider:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A provider who works for one individual recipient of those services shall not work a total number of hours within
a workweek that exceeds 66 hours. The provision of these services by that provider to the individual recipient shall not exceed the total weekly hours of the services authorized to that recipient, except as additionally authorized pursuant to subparagraph (C) of paragraph (4) of subdivision (b). If multiple providers serve the same recipient, it shall continue to be the responsibility of that recipient or the authorized representative of that recipient to schedule the work of the providers to ensure the authorized services of the recipient are provided in accordance with this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If a recipient’s weekly authorized hours are adjusted pursuant to subparagraph (C) of paragraph (1) of subdivision (b) of Section 12301.1 and exceed 66 hours, and at the time of adjustment the recipient currently receives all authorized hours of service from one provider, that provider shall be deemed authorized to work the recipient’s county-approved adjusted
hours for that week, but only if the additional hours of work, based on the adjustment, do not exceed the total number of hours worked that are compensable at an overtime pay rate that the provider would have been authorized to work in that month if the weekly hours had not been adjusted.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A provider of in-home supportive services described in subdivision (a) who serves multiple recipients is not authorized to, and shall not, work more than 66 total hours in a workweek, regardless of the number of recipients for whom the provider provides services authorized by subdivision (a). Providers are subject to the limits of each recipient’s total authorized weekly hours of in-home supportive services described in subdivision (a), except as additionally authorized pursuant to subparagraph (C) of paragraph (4) of subdivision (b).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraph (2), the 66-hour workweek
limit described in subdivision (b) does not apply to a provider of in-home supportive services described in subdivision (a), and a recipient of those services may receive those services from a requested provider, if the provider has an approved exemption, as set forth in subparagraph (A) or (B). A provider who has an approved exemption pursuant to subparagraph (A) or (B) shall not work a total number of hours in excess of 360 hours per month combined for the recipients of in-home supportive services served by that provider and may not exceed a recipient’s monthly authorized hours.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A provider is eligible for an exemption if that provider met all of the following on or before January 31, 2016:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The provider provided services to two or more recipients of in-home supportive services described in subdivision (a).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The provider lived in the same home as all of the recipients for whom that provider provided services.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The provider is related, biologically, by adoption, or as a foster caregiver, legal guardian, or conservator, to all of the recipients for whom the provider provides services as the recipients’ parent, stepparent, foster or adoptive parent, grandparent, legal guardian, or conservator.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A provider is eligible for an exemption if the provider provides services to two or more recipients of in-home supportive services described in subdivision (a), if each recipient for whom the provider provides services has at least one of the following circumstances that puts the recipient at serious risk of placement in out-of-home care if the services could not be provided by that provider:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The
recipient has complex medical or behavioral needs that must be met by a provider who lives in the same home as the recipient.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The recipient lives in a rural or remote area where available providers are limited, and, as a result, the recipient is unable to hire another provider.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The recipient is unable to hire another provider who speaks the same language as the recipient, resulting in the recipient being unable to direct the recipient’s own care.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
At the time of assessment or reassessment, the county shall evaluate each recipient to determine if the recipient’s circumstances appear to indicate that the provider for that recipient may be eligible for an exemption described in subparagraph (A) or (B). The county shall then inform those recipients about the potentially applicable exemptions and the process
by which they or their provider may apply for the exemption.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
On a one-time basis upon implementation of this paragraph, the department shall mail an informational notice and an exemption request form to all providers of multiple recipients who may be eligible for an exemption pursuant to subparagraph (B) and to the recipients to whom those providers provide services.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The county shall review the requests for consideration for an exemption described in subparagraph (B) pursuant to a process developed by the department with input from counties and stakeholders. The county shall consider whether the denial of an exemption would place a recipient or recipients at serious risk of placement in out-of-home care due to any of the circumstances described in clauses (i) to (iii), inclusive, of subparagraph (B).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Within 30 days of receiving an application for an exemption described in subparagraph (B) from a provider or from a recipient on behalf of a provider, the county shall mail a written notification letter to the provider and the recipients for whom the provider provides services of its approval or denial of the exemption. If the county denies the exemption, the county shall also explain in the notification letter the reason for the denial and information about the process to request a review by the department, independent of the county’s decision. The county shall use a standardized notification letter, developed by the department in consultation with stakeholders, for purposes of providing the notification letter that is required by this clause.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
A provider whose exemption under subparagraph (B) has been denied, or a recipient on behalf of the provider
whose exemption under subparagraph (B) has been denied, may request a review by the department, independent of the county’s decision.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The department shall develop the review process with input from stakeholders. At a minimum, the review process shall ensure that it provides the provider or the recipient, or that person’s authorized representative, with the opportunity to speak with, and provide written information to, staff of the department conducting the review about how the recipient meets the criteria described in subparagraph (B) and how any alternative services proposed by the county would place the recipient at serious risk of placement in out-of-home care.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The department shall consider the information provided by the provider or the recipient, or that person’s authorized representative, and the information provided by the county in reaching its decision.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The department shall mail its written decision within 20 days of the date the provider or the recipient is scheduled to speak with the staff of the department conducting the review, unless the provider or the recipient has requested additional time to submit information and the department has granted that request. The written decision shall inform the provider and the recipients for whom the provider provides services if the exemption is granted or denied. If the department denies the exemption, the department shall also explain in the written decision the reason for the denial.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The county shall record the number of requests for exemptions that are received from providers or recipients on the provider’s behalf and the number of requests approved or denied, and shall submit these numbers to the department. The department shall record the number of requests for the review by
the department that are received from providers or recipients and the number of exemptions that are approved or denied through the review process. The numbers by the county and the department shall be posted no later than every three months on the department’s internet website.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Recipients and providers shall be informed of the limitations and requirements contained in this section, through notices at intervals and on forms as determined by the State Department of Social Services or the State Department of Health Care Services, as applicable, following consultation with stakeholders.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A provider of services described in subdivision (a) shall not engage in travel time in excess of seven hours per week. For purposes of this subdivision, “travel time” means time spent traveling directly from a location where authorized services specified in subdivision
(a) are provided to one recipient to another location where authorized services are to be provided to another recipient. A provider shall coordinate hours of work with the provider’s recipients to comply with this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The hourly wage to compensate a provider for travel time described in this subdivision when the travel is between two counties shall be the hourly wage of the destination county.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Travel time, and compensation for that travel time, between a recipient of authorized in-home supportive services specified in subdivision (a) and a recipient of authorized waiver personal care services specified in subdivision (a) shall be attributed to the program authorizing services for the recipient to whom the provider is traveling.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Hours spent by a provider while engaged in travel time shall not be
deducted from the authorized hours of service of any recipient of services specified in subdivision (a).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The State Department of Social Services and the State Department of Health Care Services shall issue guidance and processes for travel time between recipients that will assist the provider and recipient to comply with this subdivision. Each county shall provide technical assistance to providers and recipients, as necessary, to implement this subdivision.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A provider of authorized in-home supportive services specified in subdivision (a) shall timely submit, deliver, or mail, verified by postmark or request for delivery, a signed payroll timesheet within two weeks after the end of each bimonthly payroll period. Notwithstanding any other law, a provider who submits an untimely payroll timesheet for providing authorized in-home supportive services specified in subdivision
(a) shall be paid by the state within 30 days of the receipt of the signed payroll timesheet.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section does not apply to a contract entered into pursuant to Section 12302 for authorized in-home supportive services. Contract rates negotiated pursuant to Section 12302 shall be based on costs consistent with a 40-hour workweek.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The state and counties are immune from any liability resulting from implementation of this section.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
An action authorized under this section that is implemented in a program authorized pursuant to Section 14132.95, 14132.956, or 14132.97 shall be compliant with federal Medicaid requirements, as determined by the State Department of Health Care Services.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters or similar instructions, without taking any regulatory action.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_B2057531-4268-4BA4-A8AF-96FC8423C3E6">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'12301.61.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 12301.61 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_98565927-C2FA-4D13-BD03-E1B289112A64">
<ns0:Num>12301.61.</ns0:Num>
<ns0:LawSectionVersion id="id_D24DD56E-D7D2-4086-82F6-ACF9ED682EB8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or after October 1, 2023, if a public authority or nonprofit consortium established pursuant to Section 12301.6, acting as the employer of record, and the employee organization have not reached an agreement on a bargaining contract with in-home supportive services workers, either party may request mediation, pursuant to Section 3505.2 of the Government Code, which shall be mandatory. If the parties fail to agree on a mediator, the Public Employment Relations Board shall appoint one from the pool described in subdivision (c). The mediation shall be held no more than 15 business days from the date requested by either party.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the parties are unable to effect settlement through mediation, as described in subdivision (a), the parties shall submit
their differences to factfinding, pursuant to Sections 3505 and 3505.4 of the Government Code. Alternatively, either party may opt to bypass the mediation process in subdivision (a) and move directly to factfinding.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The factfinding panel shall make findings of fact and recommend terms of settlement, which shall be advisory only, within 30 days after the panel is appointed by the Public Employment Relations Board.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Within 15 days after the factfinding panel has released its findings of fact and recommended settlement terms,
the parties may, by mutual agreement, request postfactfinding mediation consistent with Section 3505.2 of the Government Code. If the parties fail to agree on a mediator, the Public Employment Relations Board shall appoint one from the pool described in subdivision (c).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the parties elect postfactfinding mediation, the findings of fact and recommended settlement terms shall not be made public until the mediation has concluded.
If either party declines to elect postfactfinding mediation, the findings of fact and recommended settlement terms shall be made public immediately.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Mediation shall be held no more than 15 days from the date requested, and may include, at the mediator’s discretion, the factfinding panel and representatives of both parties. The director, or the director’s designee, shall be available to provide information and expertise, as necessary.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The county board of supervisors shall hold a public hearing within 30 days of the factfinding panel’s public release of its findings of fact and recommended settlement terms.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Public Employment Relations Board shall designate a pool of no more than five qualified individuals to serve as mediators or on a factfinding panel. The
pool shall consist of individuals with relevant subject matter expertise. The board shall select individuals for the pool in consultation with the department and the affected employers and employee organizations. Priority shall be given to individuals with knowledge of the In-Home Supportive Services program. The board may designate the mediator to serve as the neutral member of the factfinding panel.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The costs for the services of the factfinding panel and the mediator shall be equally divided between the parties, and shall include per diem fees, if any, and actual and necessary travel and subsistence expenses.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If no individual is available to serve as a mediator or factfinder within the timelines specified in this section, the timelines shall be extended until the next mediator or factfinder is available.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A county shall be subject to a withholding of 1991 Realignment funds as described in subdivision (h) pursuant to a schedule developed by the Department of Finance and provided to the Controller if all of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The parties have completed the process described in subdivisions (a) to (c), inclusive.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The factfinding panel has issued findings of fact and recommended settlement terms that are more favorable to the employee organization than those proposed by the employer of record described in subdivision (a).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The parties do not reach a collective bargaining agreement within 30
days after the release of the factfinding panel’s recommended settlement terms described in paragraph (2). The parties shall make every good faith effort to reach an alternative mutually accepted agreement within this timeframe.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The collective bargaining agreement for IHSS providers in the county has expired.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The Public Employment Relations Board shall provide written notification to the county and the employee organization within 15 days of determining that the county is subject to a withholding pursuant to subdivision (f). The board shall also notify the Department of Finance and the State Controller of the withholding assessment.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The amount of the 1991 Realignment funding withholding pursuant to subdivision (f) shall be equivalent to 10 percent of the county’s prior fiscal year IHSS
Maintenance of Effort requirement, as reported by the department, prior to applying any offsets pursuant to Section 12306.17. This withholding shall continue once per fiscal year, each fiscal year, until the county enters into a collective bargaining agreement with the employee organization.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_34892C5E-44E7-4CF7-8CA3-2ABB2A3E432A">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'12316.9'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 12316.9 is added to the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6F4A793F-CDCB-4B32-AE8B-2B048E07F770">
<ns0:Num>12316.9.</ns0:Num>
<ns0:LawSectionVersion id="id_58080EFE-58D1-4B68-AB72-B7F3E2E2B5AA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The State Department of Social Services may contract for payrolling or related functions, as necessary, including, but not limited to, the deductions from the wages of providers that are authorized by paragraph (2) of subdivision (i) of Section 12301.6 and subdivision (b) of Section 12302.2, subject to the same statutory requirements that apply to the State Controller when making such deductions.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In determining whether to contract, as described in subdivision (a), the department may consider potential alternatives, with the intent of avoiding disruptions of payroll and deductions processes and the operations of the In-Home Supportive Services program.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_1F6F428F-A80C-4361-9A02-E5BCF1D4653B">
<ns0:Num>SEC. 8.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that Section 1 of this act, which amends Section 7926.300 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:</html:p>
<html:p>It is in the public interest, and it furthers the purposes of paragraph (7) of subdivision (b) of Section (3) of Article I of the California Constitution, to ensure that certain banking information of persons paid by the state to provide in-home supportive and personal care services is provided to the payment processing contractor of the recognized employee organization if those persons have signed a membership agreement authorizing such disclosure.</html:p>
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<ns0:BillSection id="id_0E083A99-7F76-4674-9518-1B9FD0A422D8">
<ns0:Num>SEC. 9.</ns0:Num>
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<html:p>The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to consolidate fire protection districts in the County of Humboldt to remove redundancies while continuing fire and emergency response services.</html:p>
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<ns0:BillSection id="id_11674646-4F2C-4C2B-8912-75B4FC9262CA">
<ns0:Num>SEC. 10.</ns0:Num>
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<html:p>This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.</html:p>
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