BILL NUMBER: AB 1038	CHAPTERED  10/13/01

	CHAPTER  786
	FILED WITH SECRETARY OF STATE  OCTOBER 13, 2001
	APPROVED BY GOVERNOR  OCTOBER 12, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 13, 2001
	PASSED THE SENATE  SEPTEMBER 10, 2001
	AMENDED IN SENATE  MAY 29, 2001
	AMENDED IN ASSEMBLY  APRIL 4, 2001

INTRODUCED BY   Assembly Member Hertzberg
   (Coauthors:  Assembly Members Aroner, Cardenas, Chavez, Diaz,
Firebaugh, Havice, La Suer, Robert Pacheco, Richman, and Wyman)

                        FEBRUARY 23, 2001

   An act to add Section 2266 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1038, Hertzberg.  Vehicles:  Department of the California
Highway Patrol:  Department of Personnel Administration.
   Under existing law, the Department of Personnel Administration
administers and enforces laws pertaining to the state's personnel
system.
   This bill would authorize the Department of Personnel
Administration, when determining compensation for communications
operators in the Department of the California Highway Patrol, to
consider the total compensation for communications operators in
comparable positions in the police departments of the Cities of Los
Angeles, Oakland, San Diego, and San Jose, and the City and County of
San Francisco.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2266 is added to the Vehicle Code, to read:
   2266.  (a) The Legislature finds and declares all of the
following:
   (1) The communications operators of the Department of the
California Highway Patrol are among the lowest paid when compared to
operators employed by other law enforcement agencies in the state.
The department's communication centers suffer from significant staff
shortages and high turnover rates.  Increasing the wages paid to
these communications operators will increase their professionalism
while reducing their rate of turnover.
   (2) The recruitment and retention problem is especially evident in
the classifications of Communications Operator I and II.
   (3) In order for the state to recruit and retain the highest
qualified and capable communications operators, those employees
should be compensated in an amount equal to the estimated average
total compensation for the classifications corresponding to
Communications Operator I and II within the police departments in the
Cities of Los Angeles, Oakland, San Diego, and San Jose and the City
and County of San Francisco.
   (4) According to the Department of the California Highway Patrol,
it costs the department thirty-six thousand one hundred ninety-eight
dollars ($36,198) to train a Communications Operator I and sixty-five
thousand two hundred two dollars ($65,202) to train a Communications
Operator II to their respective classifications.  After the
department has trained an operator, all too often the new, fully
trained operator will move to a local agency to a higher wage.
   (5) This section is not in violation of the Ralph C. Dills Act
(Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1
of the Government Code), which requires that changes for salaries
and benefits be collectively bargained between representatives of the
state and the employee's union.  This section does not circumvent
that process.  This section simply authorizes the Department of
Personnel Administration, when determining compensation for
communications operators in the Department of the California Highway
Patrol, to consider the total compensation for communications
operators in other jurisdictions.
   (b) When determining compensation for communications operators in
the Department of the California Highway Patrol, the Department of
Personnel Administration may consider the total compensation for
communications operators in comparable positions in the police
departments specified in paragraph (3) of subdivision (a).