SENATE BILL 739 (SOLIS – 2000)
CHAPTER 901, STATUTES OF 2000
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Government Code sections 3500, 3501, 3502.5, 3508.5 and 3510 were amended and sections 3500.5, 3507.1, 3509 and 3511 were added to the Government Code in 2000 following legislative passage of Senate Bill 739, introduced on February 24, 1999 by Senator Hilda L. Solis. (See Exhibit #1a) Senator Solis carried this measure for various union organizations, which included, but were not limited to, the Service Employees International Union, the American Federation of State, County and Municipal Employees, the California Professional Firefighters Association, and the Police Officers Research Association. (See Exhibits #14a, page 3)
Senate Bill 739 was assigned to the Senate Committee on Public Employment and Retirement and the Assembly Committee on Public Employees, Retirement and Social Security where policy issues raised by the bill were considered. (See Exhibits #3 and #8) The fiscal ramifications of the bill were considered by the Senate Committee on Appropriations and the Assembly Committee on Appropriations. (See Exhibits #2 and #10) Nine amendments were made to Senate Bill 739. (See Exhibits #1b through #1j) Subsequent to legislative approval, Governor Gray Davis signed Senate Bill 739 on September 28, 2000, and it was recorded by the Secretary of State on September 29, 2000 as Chapter 901 of the Statutes of 2000. (See Exhibits #1k and #2)
The Third Reading analysis of Senate Bill 739 as amended August 28, 2000 that was produced for the Assembly Committee on Public Employees, Retirement and Social Security described the bill as follows:
SUMMARY: Revises the Meyers-Milias-Brown Act (MMBA), the bargaining and employee relations law governing cities, counties and special districts in California. The significant provisions of this bill are as follows:
1) Transfers jurisdiction for the resolution of unfair labor practice charges and representation disputes under the MMBA to the Public Employment Relations Board (PERB).
2) Authorizes an agency shop agreement to take effect either through a negotiated agreement between a public agency and a recognized employee organization or without a negotiated agreement if a petition is signed by 30% of the employees in the applicable bargaining unit and the agency shop agreement is approved by a majority of the employees.
3) Applies the petition procedures to the rescission of agency shop agreements, and repeals existing limitations on the duration of agency shop fee agreements, authorizing agency fee deductions indefinitely beyond the expiration of collective bargaining agreements.
(See Exhibit #12b, page 1)