BILL NUMBER: AB 790	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 14, 2009

INTRODUCED BY   Assembly Member Ruskin

                        FEBRUARY 26, 2009

   An act relating to state scientists.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 790, as amended, Ruskin. State scientists: salaries.
   Existing law generally requires the Department of Personnel
Administration to establish and adjust salary ranges for each class
of position in the state civil service subject to any constitutional
merit limits. Existing law requires the salary range to be based on
the principle that like salaries shall be paid for comparable duties
and responsibilities. Existing law prohibits the department from
making any adjustments that require expenditures in excess of
existing appropriations that may be used for salary increase
purposes.
   This bill would  declare the intent of the Legislature to
enact legislation to  implement the salary determinations of the
Department of Personnel Administration for 14 classifications of
state scientist supervisory employees covered by the April 28, 2008,
Director's Decision of the Department of Personnel Administration
 , as ordered by the Sacramento County Superior Court on April
24, 2009  . 
   The bill would specify that it would not provide additional funds
to departments for the state employee compensation increases
associated with the provisions of that decision that become effective
during the 2008-09 fiscal year. The bill would state that prior
specified appropriations may include amounts for continuing employee
benefits that are more than the level of funding for employee
benefits reflected in the state's overall spending plan for the
2008-09 fiscal year.  
   The bill would also authorize the Department of Finance to
transfer appropriation authority between the separate specified items
of appropriation, as permitted by the Budget Act of 2008, to ensure
that each department's expenditures will be consistent with the
appropriations authorized by the Budget Act of 2008 or any other
appropriation available to that department in order to mitigate
unfunded employee compensation increases to be effective during the
2008-09 fiscal year. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    It is the intent of the Legislature to
enact legislation to implement the salary determinations of the
Department of Personnel Administration for 14 classifications of
state scientist supervisory employees covered by the April 28, 2008,
Director's Decision of the Department of Personnel Administration, as
ordered by the Sacramento County Superior Court on April 24, 2009.
 
  SECTION 1.    The Legislature finds and declares
that the purpose of this act is to implement the salary
determinations of the Department of Personnel Administration for 14
classifications of state scientist supervisory employees covered by
the April 28, 2008, Director's Decision of the Department of
Personnel Administration.  
  SEC. 2.    This act does not provide additional
funds to departments for the state employee compensation increases
associated with the provisions of the April 28, 2008, Director's
Decision of the Department of Personnel Administration that become
effective during the 2008-09 fiscal year. The appropriations for
expenditure in the 2008-09 fiscal year in augmentation of, and for
the purpose of, state employee compensation as provided in Items
9800-001-0001, 9800-001-0494, and 9800-001-0988 of Section 2.00 of
the Budget Act of 2008 (Chapter 268 of the Statutes of 2008) may
include amounts for continuing employee benefits that are more than
the level of funding for employee benefits reflected in the state's
overall spending plan for the 2008-09 fiscal year.  

  SEC. 3.    To mitigate unfunded employee
compensation increases to be effective during the 2008-09 fiscal
year, the Director of Finance is authorized to transfer appropriation
authority between the separate items of appropriation in Section 2,
as permitted by the Budget Act of 2008, to ensure that each
department's expenditures will be consistent with the appropriations
authorized by the Budget Act of 2008 or any other appropriation
available to that department. The transfers authorized by this
section may be from one department or program to a different
department or program, within the same fund source.