BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 385|
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                                 THIRD READING


          Bill No:  AB 385
          Author:   Ruskin (D)
          Amended:  6/4/07 in Assembly
          Vote:     21

           
           SENATE PUBLIC EMP. & RET. COMMITTEE  :  3-2, 7/9/07
          AYES:  Wiggins, Migden, Negrete McLeod
          NOES:  Ashburn, McClintock

           SENATE APPROPRIATIONS COMMITTEE  :  11-6, 8/30/07
          AYES:  Torlakson, Cox, Cedillo, Corbett, Florez, Kuehl,  
            Oropeza, Ridley-Thomas, Simitian, Steinberg, Yee
          NOES:  Aanestad, Ashburn, Battin, Dutton, Runner, Wyland

           ASSEMBLY FLOOR  :  48-25, 6/6/07 - See last page for vote


           SUBJECT  :    Public employees:  salaries:  professional  
          scientists

           SOURCE  :     California Association of Professional  
          Scientists


           DIGEST  :    This bill requires the state and the exclusive  
          representative for State Bargaining Unit 10, Professional  
          Scientists, to jointly survey, one year prior to the  
          expiration of a ratified collective bargaining agreement,  
          salaries in scientific classifications in California public  
          agencies and to report their findings to the Legislature  
          upon completion of the survey.

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           ANALYSIS  :    Existing law requires the Department of  
          Personnel Administration (DPA) to set and adjust salaries  
          for each classification in state service.  Additionally, at  
          least six months before the end of the term of an existing  
          memorandum of understanding, DPA is required to submit a  
          report containing the department's finding related to the  
          salaries of employees in comparable occupations in private  
          industry and other governmental agencies.

          This bill:

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

          2.Requires the state and the exclusive representative for  
            BU 10 to meet and confer, pursuant to the Ralph C. Dills  
            Act, regarding the methodology to be used in conducting  
            the survey.

          3.Requires DPA to submit the resulting report to the  
            Legislature, upon its completion, containing the survey's  
            findings, related to the salaries of employees in  
            comparable occupations in other public sector agencies.

          4.Declares that it is the policy of the state to consider  
            comparable salaries prior to making salary  
            recommendations and requires DPA to take into  
            consideration the salary of other scientists in public  
            employment as determined by the survey.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

                          Fiscal Impact (in thousands)

           Major Provisions             2007-08             2008-09          
              2009-10             Fund

           Salary survey                                       --  
          Minor --                                General








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          Salary increases              -- Unknown, potentially  
          significant --          General

           SUPPORT  :   (Verified  8/31/07)

          California Association of Professional Scientists (source)
          American Federation of State, County and Municipal  
          Employees, AFL-CIO
          California Conference of Directors of Environmental Health
          California Environmental Rights Alliance
          California League of Conservation Voters
          California State Employees Association
          Clean Harbors Environmental Services
          Clorox
          Consumer Specialty Products Association
          Health Officers Association of California
          DeMenno/Kerdoon
          Philbro-Tech
          Professional Engineers in California Government
          Safety-Kleen, Inc.
          Sierra Club
          Union of Concerned Scientists

           OPPOSITION  :    (Verified  8/31/07)

          Department of Finance
          Department of Personnel Administration

           ARGUMENTS IN SUPPORT  :    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 an average about 20 percent less than  
          scientists working in other branches of government."

          Supporters also state that this bill "?will let policy  
          makers know the current salaries of state-employed  







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          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."

           ARGUMENTS IN OPPOSITION  :    The Department of Finance  
          states, in opposition, "The requirements imposed by this  
          bill would put additional pressure on the state to tie the  
          salaries and wages of employees to those in both the public  
          and private sector.  The state has created immense  
          difficulties for itself by agreeing to pay salary increases  
          based on what other selected entities pay their employees.   
          The Department of the California Highway Patrol (CHP)  
          parity formula ties their pay to that of five local police  
          and sheriff agencies.  The Correctional Officers are tied  
          to CHP.  This creates a General Fund expenditure increase  
          whenever Los Angeles County sheriffs or Oakland police  
          officers get a raise.  The engineers in Unit 9 are tied to  
          a salary survey that locks the state into a formula for  
          four years.  These agreements have put employee  
          compensation increases on autopilot whereby the state has  
          no ability to control expenditures based on the state's  
          current fiscal health.  These automatic compensation  
          adjustments result in the state abdicating its  
          responsibility to determine the appropriate compensation  
          for its employees."  
           

           ASSEMBLY FLOOR  : 
          AYES:  Arambula, Bass, Beall, Berg, Brownley, Caballero,  
            Charles Calderon, Carter, Coto, Davis, De La Torre, De  
            Leon, DeSaulnier, Dymally, Eng, Evans, Feuer, Fuentes,  
            Galgiani, Hancock, Hayashi, Hernandez, Horton, Huffman,  
            Jones, Karnette, Krekorian, Laird, Leno, Levine, Lieber,  
            Lieu, Ma, Mendoza, Mullin, Nava, Parra, Portantino,  
            Price, Richardson, Ruskin, Salas, Saldana, Solorio,  
            Swanson, Torrico, Wolk, Nunez
          NOES:  Adams, Aghazarian, Anderson, Benoit, Berryhill,  
            Blakeslee, DeVore, Duvall, Emmerson, Fuller, Gaines,  
            Garcia, Garrick, Houston, Huff, La Malfa, Maze,  
            Nakanishi, Niello, Plescia, Sharon Runner, Silva,  
            Spitzer, Strickland, Walters
          NO VOTE RECORDED:  Cook, Jeffries, Keene, Smyth, Soto,  
            Tran, Villines








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          JJA:cm  8/31/07   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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