BILL ANALYSIS
AB 790
Page 1
ASSEMBLY THIRD READING
AB 790 (Ruskin)
As Amended June 1, 2009
Majority vote
PUBLIC EMPLOYEES 4-1 APPROPRIATIONS 12-5
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|Ayes:|Hernandez, Furutani, |Ayes:|De Leon, Ammiano, |
| |Beall, Torrico | |Charles Calderon, Davis, |
| | | |Fuentes, Hall, John A. |
| | | |Perez, Price, Skinner, |
| | | |Solorio, Torlakson, |
| | | |Krekorian |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Nestande |Nays:|Nielsen, Duvall, Harkey, |
| | | |Miller, Audra Strickland |
| | | | |
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SUMMARY : Requires implementation of the salary determinations
contained in the April 28, 2008, Director's Decision of the
Department of Personnel Administration (DPA) for 14
classifications of state scientific supervisors, as ordered by
the Sacramento County Superior Court on April 24, 2009. This
act is contingent upon an appropriation.
EXISTING LAW requires:
1)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.
2)Salary ranges established by DPA to 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
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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. On April 24, 2009, the Sacramento County
Superior Court ordered implementation of the salary
determinations.
FISCAL EFFECT : According to the Assembly Appropriations
Committee,
1)Implementation of the DPA recommended increases would result
in about $8.8 million annual costs, of which $2 million would
be General Fund (GF) and $6.8 million would be other funds.
2)Funding to implement DPAs recommendations is not included in
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.
3)Implementation of the salary increase is contingent upon an
appropriation.
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
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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
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 GF, 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.
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0001281