BILL ANALYSIS
AB 790
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Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Ed Hernandez, Chair
AB 790 (Ruskin) - As Introduced: February 26, 2009
SUBJECT : State scientists: salaries.
SUMMARY : Implements the salary determinations for 14
classifications of state scientific supervisors covered by last
year's Director's Decision (Director's Decision) of the
Department of Personnel Administration (DPA). Specifically,
this bill :
1)Implements the salary adjustments as determined by the April
28, 2008, Director's Decision for 14 classifications of state
scientist supervisory employees.
2)Specifies that this bill does not provide additional funds to
departments to fund these salary adjustments that become
effective in the 2008-009 fiscal year.
3)Specifies that prior appropriations for the 2008-09 fiscal
year for state employee compensation may include amounts for
continuing employee benefits that are more than the level of
funding for employee benefits reflected in the state's overall
2008-09 spending plan.
4)Authorizes the Department of Finance to transfer
appropriations from one department or program, within the same
fund source, to another, to ensure that each department's
expenditures will be consistent with the appropriations
authorized by the 2008 Budget Act or any other appropriation
available to that department in order to mitigate unfunded
employee compensation increases during the 2008-09 fiscal
year.
EXISTING LAW requires 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 (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.
AB 790
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Existing law also requires that the salary ranges established by
DPA be, "?based on the principle that like salaries shall be
paid for comparable duties and responsibilities."
According to DPA, "Quasi-legislative hearings in the DPA may be
conducted to examine a variety of policy issues, including
salary setting. In a quasi-legislative hearing, a panel gathers
information, facts, and data relevant to the issue, hears
testimony, and provides a written report of its findings. The
director of DPA then reviews the findings of the panel and makes
a final decision."
In 2007, a quasi-legislative hearing was held at the request of
the California Association of Professional Scientists regarding
salary adjustments for a specific group of 14 supervising
scientific classifications. On April 28, 2008, a Director's
Decision was issued by DPA recommending specified salary
adjustments to the supervising scientist classifications.
FISCAL EFFECT : Unknown.
COMMENTS : According to the sponsor, the California Association
of Professional Scientists (CAPS), "To comply with current law,
AB 790 implements the salary determinations for state scientific
supervisors (320 supervisory scientists in 14 classifications)
set by the DPA on April 28, 2008. That decision adjusts the
salaries of scientific supervisors to ensure compliance with the
state statutory requirement that 'like salaries shall be paid
for comparable duties and responsibilities.' AB 790 funds the
salary increases out of unspent, existing appropriations for
state employee compensation increases in the State Budget."
According to CAPS, "DPA and Finance do not dispute the right of
these 14 classifications of employees to the increased salaries,
rather they contend that the increased salaries as set by DPA
cannot be paid because the Legislature has not appropriated
funds to pay the increases out of departmental budgets or in the
Budget Act."
Supporters conclude, "AB 790 will bring parity to state
scientists' salaries. This will allow the state to retain and
recruit the best talent for state agencies without a significant
impact on the general fund. These scientists help protect our
air, water, food supply, and other resources. It is important
AB 790
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to maintain high standards for these important positions."
This bill is similar to AB 2519 (Hayashi) of 2008, which would
have appropriated an unspecified amount from various funds,
including the General Fund, to implement the DPA's salary
recommendations needed to bring the salaries of supervisory
scientists in line with the salaries of supervisory engineers.
This bill was held in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Professional Scientists (Sponsor)
California State Employees Association
Opposition
None on file
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957