BILL NUMBER: SB 1113	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 5, 2012
	AMENDED IN SENATE  APRIL 23, 2012

INTRODUCED BY   Senator Evans

                        FEBRUARY 17, 2012

   An act to  amend   add  Section 
19829.5 of   18006 to  the Government Code,
relating to  memoranda of understanding   public
employment  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1113, as amended, Evans.  Memoranda of understanding:
fiscal analysis.   Public employment: salary ranges.
 
    Under the Ralph C. Dills Act, 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
provides that the Legislative Analyst has 10 calendar days from the
date the tentative agreement is received to issue a fiscal analysis
to the Legislature. Existing law provides that the memorandum of
understanding is not subject to legislative determination until
either the Legislative Analyst has presented a fiscal analysis of the
memorandum to the Legislature or until 10 calendar days have elapsed
since the memorandum was received by the Legislative Analyst.
Existing law requires each memorandum of understanding submitted by
the Department of Personnel Administration to the Legislative Analyst
to include the department's analysis of costs and savings. 

   Existing law establishes the Department of Personnel
Administration for purposes of managing the nonmerit aspects of the
state's personnel system.  Existing law also requires the
Department of Personnel Administration to establish and adjust salary
ranges for each class of position in the state civil service,
subject to specified merit limits and except as specified. Existing
law requires the salary range to be based on the principle that like
salaries shall be paid for comparable duties and responsibilities.
 The 2011 Governor's Reorganization Plan for state human
resources functions abolishes the Department of Personnel
Administration, and transfers the functions and duties performed by
the Department of Personnel Administration to the Department of Human
Resources.
   This bill would require the Department of Human Resources 
, for each memorandum of understanding submitted to the Legislative
Analyst, to include within the analysis of savings and costs, the
financial obligation that would be required for excluded employees
related to the bargaining unit as a result of the memorandum. The
bill would make conforming changes consistent with the 2011 Governor'
s Reorganization Plan for state human resources   to
address salary compaction and parity concerns. The bill would also
require, when it is determined that revenues do not allow the
department to implement a salary determination to increase any
excluded and exempt employee salaries in a given year, the department
to provide to the Legislature existing data on the salary
determination, including all salary compaction and parity
determinations for supervisory and managerial employees .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 18006 is added to the 
 Government Code   , to read:  
   18006.  (a) In determining salaries for supervisory and managerial
employees, the Department of Human Resources shall address salary
compaction and parity concerns.
   (b) When it is determined that revenues do not allow the
department to implement a salary determination to increase any
excluded and exempt employee salaries in a given year, the department
shall provide to the Legislature existing data on the salary
determination, including all salary compaction and parity
determinations for supervisory and managerial employees. 

  SECTION 1.    Section 19829.5 of the Government
Code is amended to read:
   19829.5.  (a) The Department of Human Resources shall provide a
memorandum of understanding pursuant to Section 3517.5 to the
Legislative Analyst who shall have 10 calendar days from the date the
tentative agreement is received to issue a fiscal analysis to the
Legislature. The Legislative Analyst may prioritize the preparation
of a fiscal analysis or report under this subdivision among other
workload, including the submission of multiple memoranda of
understanding. The memorandum of understanding shall not be subject
to legislative determination until either the Legislative Analyst has
presented a fiscal analysis of the memorandum of understanding or
until 10 calendar days has elapsed since the memorandum was received
by the Legislative Analyst.
   (b) Each memorandum of understanding submitted by the department
to the Legislative Analyst shall include the department's analysis of
savings and costs, including the financial obligation that would be
required for the excluded employees related to the bargaining unit as
a result of the memorandum of understanding.