BILL ANALYSIS
AB 790
Page 1
Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 790 (Ruskin) - As Introduced: February 26, 2009
Policy Committee: P.E.R. &
S.S.Vote: 4-1
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill implements the salary classifications of state
scientist supervisory employees covered by the salary
determinations made by the Department of Personnel
Administration on April 28, 2008. The bill also:
1)Specifies that this bill does not provide additional funds to
departments to fund these salary adjustments.
2)Asserts 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.
3)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.
FISCAL EFFECT
1)Implementation of the DPA recommended increases would result
in about $8.8 million annual costs, of which $2 million would
be GF and $6.8 million would be other funds.
2)Funding to implement DPAs recommendations is not included in
AB 790
Page 2
the budget acts for 2008-09 or 2009-10. Provision of these
raises will thus raise spending relative to the levels assumed
in these budgets.
COMMENTS
1)Background . 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 relative
to the salaries of employees in comparable occupations in
private industry and other governmental agencies. 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.
In 2007, a hearing was held at the DPA at the request of the
California Association of Professional Scientists (CAPS)
regarding a challenge to the pay plan for about 330
supervisory scientists in 14 classifications. On April 28,
2008, a Director's Decision was issued by DPA, which
recommended specified salary adjustments averaging 21% to the
supervising scientist classifications. The 2008-09 and 2009-10
budgets did not, however, including funding to cover the cost
of implementing the decision.
2)Rationale . The bill is intended to implement DPA
recommendations to bring equity between supervisors in
scientific classification and engineering classifications.
Supporters state that the bill will ensure compliance with the
state's statutory requirement that like salaries shall be paid
for comparable duties and responsibilities. The sponsor (CAPS)
also asserts that "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."
Prepared by : Brad Williams / APPR. / (916) 319-2081