BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2008
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          Date of Hearing:   May 5, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

               AB 2008 (Arambula) - As Introduced:  February 17, 2010 

          Policy Committee:                              P.E.R. &  
          S.S.Vote:    5-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill exempts civil service employees in the Department of  
          Corrections and  
          Rehabilitation (CDCR), the Employment Development Department  
          (EDD), the Franchise Tax Board (FTB), and the Board of  
          Equalization (BOE) from future furloughs.

           FISCAL EFFECT
           
          About 81,000 employees would be affected by this exemption;  
          6,000 from FTB, 65,000 from CDCR, and 10,000 from EDD (the BOE  
          has about 4,000 employees, but its board has exempted them from  
          the furloughs). The impact of the exemption would depend on the  
          amount and duration of furlough days ordered by a future  
          governor. As an illustration, if a future governor ordered three  
          days per month furloughs for a full fiscal year, the exemptions  
          in this bill would:
           
             a)   Raise total state compensation costs by up to $620  
               million, $530 million in GF and $90 million would be  
               federal funds. The increases would be partly offset to the  
               extent that the elimination of furloughs reduced overtime  
               costs in CDCR.

             b)   Accelerate and/or increase in GF revenues of about $230  
               million annually due to improved collections activity at  
               FTB. 

           COMMENTS
           
           1)Rationale  . According to the author, the bill is intended to  








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            stop future governors from furloughing state employees where  
            it is counter productive. He asserts: furloughs in BOE and FTB  
            will result in reduced collections activity; furloughs in EDD  
            will hamper employment services at the very time demand for  
            these services are at a peak; and furloughs at CDCR present a  
            fiscal dilemma, since the department must be operational at  
            all times.

           2)Background  . In response to last year's budget and cash crisis,  
            the governor issued an executive order requiring mandatory  
            furloughs of two days per month beginning in February 2009,  
            and a second order upping the furloughs to three days per  
            month beginning in July 2009. Since the July implementation,  
            many state departments, boards, and commissions have been  
            ordered closed three days per month, while others are  
            permitted to put employees on a self-directed furlough  
            program.  The self-directed program allows employees to accrue  
            furlough days and use them like vacation days, upon management  
            approval.  Accrued furlough days have no cash value and must  
            be used within 24 months of the end of the furlough program. 
               The current 3-day furlough requirement amounts to a  
          reduction of 13.85% of employees' compensation. 

               Furloughs are scheduled to conclude on June 30, 2010 and  
               the governor has proposed alternative employee compensation  
               related savings in 2010-11 (5% pay reduction, 5% increase  
               in employee contributions to retirement, and 5%  
               departmental reductions). Certain departments have received  
               exemptions from the furlough program. These include  
               uniformed California Highway Patrol Officers, 911  
               dispatchers, employees of Department of Forestry and Fire  
               Protection (during fire season) and the Public Utilities  
               Commission.


           3)Related legislation  . SBX8 29 (Steinberg) which was vetoed on  
            March 24, 2010, would have exempted from future furloughs  
            employees funded from predominantly non-general fund sources,  
            as well as employees of FTB and BOE. In his veto message the  
            governor stated it is necessary to apply furloughs across the  
            board, with limited exemptions as needed to protect public  
            health and safety, to effectively manage the workforce and to  
            avoid inequities and morale problems for state employees. 

            AB 2008 is also similar to AB 1765 (Solorio), which is  








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            currently on this committee's Suspense File. That measure  
            prohibits employees from being furloughed when the California  
            unemployment rate is at or above 8.5%, and the employee is in  
            a position predominantly funded from federal funds and works  
            for EDD or the California Unemployment Insurance Appeals  
            Board.

           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081