The Meyers-Milias-Brown Act, the Ralph C. Dills Act, provisions commonly referred to as the Educational Employment Relations Act, the Higher Education Employer-Employee Relations Act, the Trial Court Employment Protection and Governance Act, the Trial Court Interpreter Employment and Labor Relations Act, and the Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act each provide for the representation of state or local public employees by recognized employee organizations, and provide that the scope of this representation includes negotiations concerning wages, hours, and other terms and conditions of employment between the state or local public employer and representatives of those employee organizations. This bill would exclude matters relating to the retroactive effect of pension benefit increases from the scope of representation of public employees by recognized employee organizations, and would thereby prohibit these employee organizations from negotiating for a retroactive effect of pension benefit increases with public employers. The Public Employees' Retirement Law creates the Public Employees' Retirement System, which provides a defined benefit to its members based on age at retirement, service credit, and final compensation. The State Teachers' Retirement Law, the Judges' Retirement System II Law, and the County Employees Retirement Law of 1937 also provide for a defined benefit based on age at retirement, service credit, and final compensation. This bill would require that any adjustment to the formula used to calculate the retirement benefits of a member of a public retirement system that would yield an increase in the member's retirement benefits apply only to service performed after the operative date of the adjustment, and would prohibit the retroactive application of that adjustment, except as provided.
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The Public Employees' Retirement Law (PERL) provides a defined benefit to members of the Public Employees' Retirement System based on age at retirement, service credit, and final compensation, as those terms are defined. The management and control of PERL is vested in the board of administration of PERL, including the calculation of the contribution rates for public employers. Existing law requires the board, any time it adopts or forecasts the contribution rates, to submit a report to the Legislature, the Governor, and the Treasurer describing the investment return assumptions, discount rates, and amortization periods utilized by the board in the calculation of the contribution rates for all public employees and employers. Existing law also requires that this report include recalculations of those rates based on specified adjustments of the investment return assumptions, amortization periods, and discount rates utilized by the board, and specifically requires the board to calculate the liabilities of the fund using a discount rate equal to the rate of the 10-year United States Treasury Bond. Existing law requires the Treasurer, within 30 days following receipt of the report, to provide each house of the Legislature, at a publicly noticed floor session, with an explanation of the role played by the investment return assumption and amortization period in the calculation of the contribution rates and the consequences for future state budgets if the investment return assumptions are not realized, to report whether the board's amortization period exceeds the estimated average remaining service periods of employees covered by the contributions, and to express his or her opinion of the reasonableness of the board's calculation of the contribution rates. This bill would instead require an annual report and would limit the scope of this report to include only contribution rates for the state employer. The bill would delete the reference to the 10-year United States Treasury Bond, and would instead require the board to include a calculation of the liabilities of the fund using discount rates equal to (1) the average rate of investment return since the establishment of the fund, and (2) the average rate of investment return since January 1, 1984. The bill would require the Treasurer, within 30 days of receipt of the report, to present the above-described information to a publicly noticed, joint meeting of the budget and retirement committees of both houses of the Legislature.
The Public Employees' Retirement Law provides a comprehensive set of rights and benefits based upon age, service credit, and final compensation to members of the Public Employees' Retirement System. Existing law prescribes different retirement formulas for different membership classifications in the Public Employees' Retirement System, including for state patrol members, state safety members, state peace officer/firefighter members, state industrial members, and state miscellaneous members. These retirement formulas permit a member to retire at 50 years of age with reduced benefits in comparison to a later retirement. This bill would prohibit a state employee who becomes a member of the Public Employees' Retirement System on and after January 1, 2012, and who is not a state patrol member, a state safety member, or state peace officer/firefighter member, from retiring for service prior to reaching 55 years of age.
Existing law, the Administrative Procedure Act, governs the procedure for the adoption, amendment, or repeal of regulations by state agencies. This bill would require each agency to review each regulation adopted prior to January 1, 2011, and to develop a report with prescribed information that shall be submitted to the Legislature on or before January 1, 2013. The bill would also require each agency, on or before January 1, 2018, and at least every 5 years thereafter, to conduct additional reviews of regulations that have been in effect for at least 20 years, as specified, and to submit an annual report to the Legislature that identifies the regulations reviewed during that year and the associated findings.
The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System, which provides a defined benefit to its members based on age at retirement, service credit, and final compensation. PERL defines "final compensation" for purposes of calculating a member's retirement allowance. The State Teachers' Retirement Law (STRL) , the Judges' Retirement System II Law, and the County Employees Retirement Law of 1937 also provide for a defined benefit based on age at retirement, service credit, and final compensation. This bill, for persons first hired on and after January 1, 2012, for the purpose of determining any pension or benefit with respect to a public entity defined benefit retirement system, would require that final compensation means the highest annual average compensation earnable by the person during a consecutive 36-month period of membership, as specified. The bill would prohibit the inclusion of credit for accrued leave of any form or credit for overtime work in the calculation of final compensation, as specified.
Existing law authorizes the creation of retirement systems for public employees by counties, cities, and districts. Existing law creates the Public Employees' Retirement System and the State Teachers' Retirement System, which provide a defined benefit to their members based on age at retirement, service credit, and final compensation. Existing law establishes the criteria for membership in the various public employee retirement systems and may exclude certain employment classifications from membership. The California Constitution provides for the division of the state into counties and requires that a county have an elected sheriff, elected district attorney, elected assessor, and elected governing body. Existing law provides for the incorporation of cities in various forms and requires that certain city offices be filled pursuant to elections, as prescribed. Existing law provides for the creation of districts, the governing bodies of which may be elected. This bill would prohibit a person who is publicly elected to a local office of any kind, on and after January 1, 2012, from becoming a member of a retirement system by virtue of that service or from acquiring any retirement right or benefit for serving in that elective local office. The bill would also apply these prohibitions to a person who is appointed to fill the term of a person so elected, but would not apply them to a person who obtained membership by virtue of holding an elective local office prior to January 1, 2012, for so long as he or she holds that office or is reelected to that office.
This bill would urge the United States Patent and Trademark Office to place a satellite office in California.
Existing law, as amended by Proposition 21, adopted March 7, 2000, and by Proposition 83, adopted November 7, 2006, provides for a list of crimes called "violent felonies" and "serious felonies." Other existing law provides specified enhancements to the punishments of certain repeat, state-prison bound offenders with prior violent or serious felony convictions. The initiative statutes provide that any amendment of these provisions by the Legislature shall require a 23 vote of the membership of each house. Existing law defines battery as any willful or unlawful use of force or violence upon the person of another. Existing law provides that battery committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, as specified, is punishable as a misdemeanor or a felony. Existing law provides that battery against a peace officer, as specified, is punishable as a misdemeanor or a felony. This bill would add felony battery against the above-named persons to the list of "serious felonies" and to the list of "violent felonies." Existing law specifies, for purposes of the sentence enhancements specified above, that the statutes comprising the lists of violent and serious felonies be interpreted as they existed at the time the provisions were enacted, including amendments made to those statutes during the 2005–06 Regular Session of the Legislature, as specified. This bill would likewise require those statutes to be interpreted as they would be amended following the enactment of this bill for purposes of sentence enhancements. By expanding the punishments for existing crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
This measure would designate that January 16, 2012, be observed as the official memorial of the late Rev. Dr. Martin Luther King, Jr.'s birth, commemorate Martin Luther King, Jr. Day, the work of Dr. Martin Luther King, Jr., and the Civil Rights Movement in changing public policy in California and in the United States of America.
(1) Under existing law, the State Water Resources Control Board (state board) and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater in accordance with the national pollutant discharge elimination system (NPDES) permit program and the Porter-Cologne Water Quality Control Act. Existing law authorizes a city, county, or special district to develop, jointly or individually, stormwater resource plans that meet certain standards. This bill would enact the Rainwater Capture Act of 2011, which would authorize residential, commercial, and governmental landowners to install, maintain, and operate rain barrel systems, as defined, and rainwater capture systems, as defined, for specified purposes, provided that the systems comply with specified requirements. The bill would require a local agency to provide notification to the operator of a public water system, as defined, if the local agency chooses to adopt a permitting program for rainwater capture systems and approves a permit for a rainwater capture system connected to the public water system. (2) Existing law, the Contractors' State License Law, creates the Contractors' State License Board within the Department of Consumer Affairs and provides for the licensing and regulation of contractors. Existing law authorizes a landscape contractor working within the classification of his or her license to enter into a prime contract for the construction of a swimming pool, spa, or hot tub, an outdoor cooking center, or an outdoor fireplace, if certain conditions are met. Under existing law, a violation of these provisions and related provisions of existing law is grounds for disciplinary action. This bill would additionally authorize a landscape contractor working within the classification of his or her license to enter into a prime contract for the construction of a rainwater capture system, as defined, if the system is used exclusively for landscape irrigation. The bill would authorize a landscape contractor holding a specified classification to design and install all exterior components of a rainwater capture system that are not a part of, or attached to, a structure.