BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 385
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          ASSEMBLY THIRD READING
          AB 385 (Ruskin)
          As Amended June 1, 2007
          Majority vote 

           PUBLIC EMPLOYEES    6-0         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Hernandez, Jeffries,      |Ayes:|Leno, Caballero, Davis,   |
          |     |Anderson, Mullin,         |     |DeSaulnier,               |
          |     |Swanson, Torrico          |     |Huffman, Karnette,        |
          |     |                          |     |Krekorian, Lieu,          |
          |     |                          |     |Ma, Nava, Solorio, Feuer  |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Walters, Emmerson, La     |
          |     |                          |     |Malfa,                    |
          |     |                          |     |Nakanishi, Sharon Runner  |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires the state and the exclusive representative  
          for State Bargaining Unit 10 (BU 10), Professional Scientific,  
          to jointly survey salaries in scientific classifications in  
          California public agencies and to report their findings to the  
          Legislature.  Specifically,  this bill  :  

          1)Requires the Department of Personnel Administration (DPA) and  
            the exclusive representative for BU 10 to jointly survey  
            salaries of comparable occupations in other public agencies,  
            one year prior to the expiration of a ratified collective  
            bargaining agreement.

          2)Requires the state and the exclusive representative for BU 10  
            to meet and confer regarding the methodology to be used in  
            conducting the survey.

          3)Requires DPA, upon completion of the survey, to submit a  
            report to the Legislature containing the survey's findings. 

          4)Declares that it is the policy of the state to consider  
            comparable salaries prior to making salary recommendations.

           EXISTING LAW  requires DPA to set and adjust salaries for each  
          classification in state service.  Additionally, at least six  








                                                                  AB 385
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          months before the end of the term of an existing memorandum of  
          understanding (MOU), DPA is required to submit a report  
          containing DPA's finding relating to the salaries of employees  
          in comparable occupations in private industry and other  
          governmental agencies. 

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, DPA indicates that similar joint-survey provisions  
          have been included in the BU 10 MOUs since 2003. Thus, the  
          additional requirements would be minor.  By codifying the  
          provisions, however, the bill could have future impacts on DPA  
          costs, to the extent that joint-survey provisions could be  
          deleted from future MOUs.  By codifying provisions requiring DPA  
          to take into consideration the jointly surveyed salaries of  
          other scientists in public employment, the bill could place  
          additional cost pressure to raise salaries for BU 10 members and  
          excluded employees.  As an illustration, a 5% average increase  
          in the classifications covered by BU 10 translates into about $8  
          million in state costs.

           COMMENTS  :  According to supporters, "There is increasing  
          evidence that substandard state scientific salaries threaten  
          California's vital environmental and public health programs  
          because state agencies can't keep or recruit skilled scientific  
          personnel.  According to a recent Cal/EPA report 'fair and  
          equitable salaries must be part of the foundation for securing  
          and keeping our scientific expertise.  If we lose our scientific  
          expertise, we will go unarmed in the battle against greenhouse  
          gas emissions, air quality, and the overall protection of our  
          children's health." According to recent surveys, state  
          scientists earn on average about 20 percent less than scientist  
          working in other branches of government."

          Supporters conclude this bill, "will let policy makers know the  
          current salaries of state-employed scientific professionals and  
          help them assess the impact these salary levels will have on  
          state programs to protect the environment, natural resources and  
          public health."

          AB 385 is similar to AB 284 (Bermudez) of 2005 that required DPA  
          and the exclusive representative for BU 10 to jointly survey  
          scientific classifications in the public and private sectors.   
          AB 284 also would have provided that implementation of any new  
          pay scales based on the surveys for scientists in BU 10 would be  








                                                                  AB 385
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          subject to collective bargaining.  This bill was held in the  
          Senate Appropriations Committee.


           Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916)  
          319-3957 




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