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AB-414 Local government: county regional justice facilities.(2021-2022)



Current Version: 07/23/21 - Chaptered Compare Versions information image


AB414:v96#DOCUMENT

Assembly Bill No. 414
CHAPTER 117

An act to amend Sections 71601 and 71614 of, to repeal Sections 53721.5, 53721.6, and 70219 of, and to repeal Chapter 13.6 (commencing with Section 26290), Chapter 13.7 (commencing with Section 26295), and Chapter 13.8 (commencing with Section 26299.000) of Part 2 of Division 2 of Title 3 of, the Government Code, relating to local government.

[ Approved by Governor  July 23, 2021. Filed with Secretary of State  July 23, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 414, Maienschein. Local government: county regional justice facilities.
Existing law, the San Joaquin County Regional Justice Facility Financing Act, establishes the San Joaquin County Regional Justice Facility Financing Agency; specifies members of a board of directors of the agency; provides that the agency may adopt a seal, may sue or be sued, may enter into contracts, as provided, and may do all necessary things to carry out the purposes of the Act; provides that the county is required to provide all reasonable staff for the agency; provides the powers of the agency, as specified; and authorizes the agency to approve a retail transactions and use tax ordinance of 0.5% and to call an election at the initial or a subsequent meeting called by the board of supervisors for that purpose, as specified. The Act specifies the procedure for adoption of the retail and use tax ordinance, specifies language of the ordinance, outlines the election procedure for adoption of the tax ordinance, specifies when the ordinance becomes operative, and provides that all local sales or transactions and use taxes shall not exceed 2.25%. The Act authorizes the agency to seek authorization to issue bonds, as specified, payable from the proceeds of the tax and establish the appropriations limit of the agency, as provided. The Act provides for the maximum bonded indebtedness which may be outstanding. The Act provides the procedure by which the validity of the adoption of the ordinance or the issuance of any bonds must be contested.
This bill would repeal those provisions.
Existing law, the Orange County Regional Justice Facilities Act, establishes the Orange County Regional Justice Facilities Commission; specifies members of the commission and provides for the powers and duties of the commission, including that the commission may sue or be sued, may enter into contracts, as provided, and may purchase equipment and supplies, as specified; and requires the commission to enter into a contract with the Board of Administration of the Public Employees’ Retirement System for all employees, except as provided. The Act requires the commission to develop and adopt a master plan for the detention and courthouse facilities, as provided. The Act authorizes the commission to approve a retail transactions and use tax ordinance of 0.5% subject to election, specifies the procedure by which the retail transactions and use tax must be adopted by ordinance, specifies language of the ordinance, outlines the election procedure for adoption of the tax ordinance, specifies when the ordinance becomes operative, and provides that all local sales or transactions and use taxes shall not exceed 1%. The Act authorizes the agency to seek authorization to issue bonds, as specified, payable from the proceeds of the tax. The Act provides the procedure by which the validity of the adoption of the ordinance or the issuance of any bonds must be contested. The Act authorizes the county and each city within the county to contribute to the commission, as provided.
This bill would repeal those provisions.
Existing law, the County Regional Justice Facilities Financing Act, authorizes a county to establish a county regional justice facilities financing agency; specifies members of the agency and provides for the powers and duties of the agency, including that the agency may sue or be sued and may enter into contracts, as provided; and requires the agency to enter into a contract with the Board of Administration of the Public Employees’ Retirement System for all employees, except as specified. The Act authorizes the agency to approve a retail transactions and use tax ordinance of 0.5% subject to election, specifies the procedure by which the retail transactions and use tax must be adopted by ordinance, specifies language of the ordinance, outlines the election procedure for adoption of the tax ordinance, specifies when the ordinance becomes operative, and provides that all local sales or transactions and use taxes shall not exceed 1%. The Act authorizes the agency to seek authorization to issue bonds, as specified, payable from the proceeds of the tax. The Act provides the procedure by which the validity of the adoption of the retail transactions and use tax ordinance or the issuance of any bonds must be contested. The Act authorizes the county and each city within the county to contribute to the agency, as provided.
This bill would repeal those provisions.
Existing law requires the Judicial Council and the California Law Revision Commission to study statutory changes that may be necessitated by court unification and make recommendations to the Governor and the Legislature on the issues identified in the report as appropriate for future study, as specified. Existing law requires each agency to assume primary or joint responsibility for the studies and recommendations, and each agency to consult with the other in the studies and recommendations.
This bill would repeal those provisions.
The bill would also make conforming changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Chapter 13.6 (commencing with Section 26290) of Part 2 of Division 2 of Title 3 of the Government Code is repealed.

SEC. 2.

 Chapter 13.7 (commencing with Section 26295) of Part 2 of Division 2 of Title 3 of the Government Code is repealed.

SEC. 3.

 Chapter 13.8 (commencing with Section 26299.000) of Part 2 of Division 2 of Title 3 of the Government Code is repealed.

SEC. 4.

 Section 53721.5 of the Government Code is repealed.

SEC. 5.

 Section 53721.6 of the Government Code is repealed.

SEC. 6.

 Section 70219 of the Government Code is repealed.

SEC. 7.

 Section 71601 of the Government Code is amended to read:

71601.
 For purposes of this chapter, the following definitions shall apply:
(a) “Appointment” means the offer to and acceptance by a person of a position in the trial court in accordance with this chapter and the trial court’s personnel policies, procedures, and plans.
(b) “Employee organization” means either of the following:
(1) Any organization that includes trial court employees and has as one of its primary purposes representing those employees in their relations with that trial court.
(2) Any organization that seeks to represent trial court employees in their relations with that trial court.
(c) “Hiring” means appointment as defined in subdivision (a).
(d) “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the trial court and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice.
(e) “Meet and confer in good faith” means that a trial court or representatives as it may designate, and representatives of recognized employee organizations, shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation. The process should include adequate time for the resolution of impasses where specific procedures for resolution are contained in this chapter or in a local rule, or when the procedures are utilized by mutual consent.
(f) “Personnel rules,” “personnel policies, procedures, and plans,” and “rules and regulations” mean policies, procedures, plans, rules, or regulations adopted by a trial court or its designee pertaining to conditions of employment of trial court employees, subject to meet and confer in good faith.
(g) “Promotion” means promotion within the trial court as defined in the trial court’s personnel policies, procedures, and plans, subject to meet and confer in good faith.
(h) “Recognized employee organization” means an employee organization that has been formally acknowledged to represent trial court employees by the county under Sections 3500 to 3510, inclusive, prior to the implementation date of this chapter, or by the trial court under former Rules 2201 to 2210, inclusive, of the California Rules of Court, as those rules read on April 23, 1997, Sections 70210 to 70218, inclusive, or Article 3 (commencing with Section 71630).
(i) “Subordinate judicial officer” means an officer appointed to perform subordinate judicial duties as authorized by Section 22 of Article VI of the California Constitution, including, but not limited to, a court commissioner, probate commissioner, child support commissioner, referee, traffic referee, juvenile court referee, and juvenile hearing officer.
(j) “Transfer” means transfer within the trial court as defined in the trial court’s personnel policies, procedures, and plans, subject to meet and confer in good faith.
(k) “Trial court” means a superior court.
(l) “Trial court employee” means a person who is both of the following:
(1) Paid from the trial court’s budget, regardless of the funding source. For the purpose of this paragraph, “trial court’s budget” means funds from which the presiding judge of a trial court, or the presiding judge’s designee, has authority to control, authorize, and direct expenditures, including, but not limited to, local revenues, all grant funds, and trial court operations funds.
(2) Subject to the trial court’s right to control the manner and means of the person’s work because of the trial court’s authority to hire, supervise, discipline, and terminate employment. For purposes of this paragraph only, the “trial court” includes the judges of a trial court or their appointees who are vested with or delegated the authority to hire, supervise, discipline, and terminate.
(m) A person is a “trial court employee” if and only if both paragraphs (1) and (2) of subdivision (l) are true irrespective of job classification or whether the functions performed by that person are identified in Rule 10.810 of the California Rules of Court. “Trial court employee” includes those subordinate judicial officers who satisfy paragraphs (1) and (2) of subdivision (l). The phrase “trial court employee” does not include temporary employees hired through agencies, jurors, individuals hired by the trial court pursuant to an independent contractor agreement, individuals for whom the county or trial court reports income to the Internal Revenue Service on a Form 1099 and does not withhold employment taxes, sheriffs, temporary judges, and judges whether elected or appointed. Any temporary employee, whether hired through an agency or not, shall not be employed in the trial court for a period exceeding 180 calendar days, except that for court reporters in a county of the first class, a trial court and a recognized employee organization may provide otherwise by mutual agreement in a memorandum of understanding or other agreement.

SEC. 8.

 Section 71614 of the Government Code is amended to read:

71614.
 Nothing in this chapter shall be construed as affecting the interpretation or operation of Sections 70210 to 70218, inclusive, for purposes of unification of the trial courts.