State employment: State Bargaining Unit 6 agreement.

Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act. Existing law requires the Department of Human Resources to provide a memorandum of understanding to the Legislative Analyst, who then has 10 calendar days from the date the tentative agreement is received to issue a fiscal analysis to the Legislature. Existing law prohibits the memorandum of understanding from being subject to legislative determination until either the Legislative Analyst has presented a fiscal analysis of the memorandum of understanding or until 10 calendar days have elapsed since the memorandum was received by the Legislative Analyst. This bill, notwithstanding the above-described statutory provisions, would approve provisions of the memorandum of understanding entered into by the state employer and State Bargaining Unit 6. The bill would provide that the provisions of the memorandum of understanding described above that require the expenditure of funds will not take effect unless funds for these provisions are specifically appropriated by the Legislature. The bill would authorize the state employer or State Bargaining Unit 6 to reopen negotiations if funds for these provisions are not specifically appropriated by the Legislature. The bill would require the provisions of the agreement that require the expenditure of funds to become effective even if the provisions are approved by the Legislature in legislation other than the annual Budget Act. Existing law, for the 2023–24 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by specified memoranda of understanding if the Budget Act of 2023 is not enacted by July 1, 2023. Existing law includes within these continuous appropriation provisions a memorandum of understanding for State Bargaining Unit 6, effective July 3, 2020, to July 2, 2023. This bill would instead include the memorandum of understanding for State Bargaining Unit 6 that is effective July 3, 2023, to July 2, 2025. Existing law, for the 2024–25 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment and compensation and employee benefits to state employees covered by specified memoranda of understanding if the Budget Act of 2024 is not enacted by July 1, 2024. This bill would additionally include the memorandum of understanding for State Bargaining Unit 6 that is effective July 3, 2023, to June 2, 2025, inclusive. Existing law, for the 2025–26 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by specified memoranda of understanding if the Budget Act of 2025 is not enacted by July 1, 2025. Existing law includes within these provisions a memorandum of understanding for State Bargaining Unit 6, effective July 3, 2020, to July 2, 2023. This bill would instead include the memorandum of understanding for State Bargaining Unit 6 that is effective July 3, 2023, to June 2, 2025, inclusive. This bill would incorporate additional changes to Sections 19829.9851, 19829.9852, and 19829.9853 of the Government Code proposed by AB 148, SB 148, or both, to be operative only if this bill and either AB 148, SB 148, or both are enacted and this bill is enacted last. The bill would appropriate the sum of $296,891,000 for State Bargaining Unit 6 for expenditure in the 2023–24 fiscal year in augmentation of, and for the purpose of, state employee compensation as provided in the Budget Act of 2023. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.