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AB-2 Public employees: compensation.(2003-2004)

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CALIFORNIA LEGISLATURE— 2003–2004 1st Ext.

Assembly Bill
No. 2

Introduced  by  Assembly Member Bogh

January 13, 2003

An act to add Section 1231.3 to the Government Code, relating to public employees, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 2, as introduced, Bogh. Public employees: compensation.
The California Constitution requires the Legislature to pass a Budget Bill by June 15 of each year for the fiscal year commencing on July 1. Existing law provides that no state officer or employee shall be deemed to have a break in service or to have terminated his or her employment, for any purpose, nor to have incurred any change in his or her authority, status, or jurisdiction or in his or her salary or other conditions of employment, solely because of the failure to enact a Budget Act for a fiscal year prior to the beginning of that fiscal year. Under the California Constitution, money may be drawn from the Treasury only through an appropriation made by law and upon a Controller’s duly drawn warrant.
This bill would continuously appropriate from the General Fund an amount to be made available for the payment of compensation to specified state public safety employees for work performed on or after July 1 of a fiscal year for which no budget has been enacted. It would provide that compensation, at the rate in effect at the expiration of the last fiscal year for which a budget was enacted, shall be paid to state civil service employees in State Bargaining Unit 2, California Attorneys, Administrative Law Judges and Hearing Officers in State Employment; Unit 5, California Association of Highway Patrolmen; Unit 6, California Correctional Peace Officers Association; Unit 7, California Union of Safety Employees; and Unit 8, California Department of Forestry Firefighters, and the supervisors of those employees.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1231.3 is added to the Government Code, to read:

1231.3.
 (a) This section shall be in effect in any fiscal year for which a Budget Act has not been enacted and shall cease to be in effect upon enactment of a Budget Act for that fiscal year.
(b) This amount necessary for the payment of compensation to employees listed in subdivision (c) for work performed on or after July 1 of a fiscal year for which no budget has been enacted is hereby continuously appropriated from the General Fund to the affected state agencies. Compensation shall be at the rate in effect at the expiration of the last fiscal year for which a budget was enacted.
(c) Compensation shall be paid pursuant to subdivision (b) to state civil service employees in the following bargaining units and to the supervisors of those employees:
(1) State Bargaining Unit 2, California Attorneys, Administrative Law Judges, and Hearing Officers in State Employment.
(2) State Bargaining Unit 5, California Association of Highway Patrolmen.
(3) State Bargaining Unit 6, California Correctional Peace Officers Association.
(4) State Bargaining Unit 7, California Union of Safety Employees.
(5) State Bargaining Unit 8, California Department of Forestry Firefighters.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that state public safety employees continue to serve and are compensated during a fiscal year for which a Budget Act has not been enacted, it is necessary that this act take effect immediately.