BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1765 (Solorio)
          
          Hearing Date:  08/12/2010           Amended: 03/11/2010
          Consultant:  Maureen Ortiz      Policy Vote: PE&R 4-2
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   AB 1765 exempts employees of the California  
          Unemployment Insurance Appeals Board and the Employment  
          Development Department (EDD) from being furloughed when the  
          unemployment rate in California during the previous month  
          reached or exceeded 8.5%.   
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
                                                                  
          Furlough exemption
            Loss of payroll savings:    -------potentially up to $27  
          million annually
                                                                for each  
          furlough day imposed-------         Federal
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: SUSPENSE FILE.  The exact fiscal impact of this  
          measure will depend on the number of furlough days imposed on  
          state employees, the corresponding payroll, and the unemployment  
          rate in the state at that time. 
          
          There are approximately 10,000 employees at EDD and about 800  
          employees at the Unemployment Insurance Appeals Board, the  
          majority of which are funded from federal funds.  The monthly  
          payroll for EDD is approximately $50 million.  One furlough day  
          would result in savings of about $2.3 million per month, of  
          which approximately $60,000 would be General Fund savings. 

          AB 1765 also provides that the exemption from any furloughs  
          applies to employees who work in a position that is at least 95%  
          funded by the federal government, and that the employee performs  
          services that combat the state's recession.

          On December 29, 2008, the Governor issued Executive Order  










          S-16-08 which proclaimed a furlough of two unpaid days per month  
          from February 2009 through June 2010 for represented state  
          employees and supervisors.  The Governor's Executive Order  
          S-13-09 then subjected all state employees to a third day per  
          month furlough effective July 1, 2009 through June 30, 2010  
          which resulted in a total salary reduction of approximately  
          13.86%.   

          Since July of 2009 many state departments have been closed three  
          days per month.  Others have been exempted from closures and  
          instead those employees were on a self-directed furlough  
          program.  The self-directed program allows employees to accrue  
          furlough days and use them like vacation days.  Accrued furlough  
          days have no cash value, but must be used before an employee  
          uses vacation, annual leave, personal holidays, holiday credit,  
          personal leave time credit, and compensatory time off.  Some


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          AB 1765 (Solorio)



          departments have been entirely exempted from the furlough  
          program (CHP, 911 Dispatchers, Dept of Forestry and Fire  
          Protection, PUC, Legislative Counsel Bureau, and the Bureau of  
          State Audits). 

          According to the findings and declarations in AB 1765:

          1)  More than 2.2 million people were unemployed in California  
          in January 2010 which comprised 12.4% of the state's labor  
          force.

          2)  Reviews by the U.S. Department of Labor have found that the  
          California Employment Development Department (EDD) and the  
          California Unemployment Insurance Appeals Board (CUIAB) are  
          failing to achieve federal performance standards in processing  
          and paying unemployment insurance benefits.

          3)  In 2008 and 2009, furloughs were imposed on state employees  
          who worked in positions funded by the federal government without  
          regard to whether the employees worked in positions which combat  
          the state's economic recession.  This has resulted in reduced  
          services to the public, contributed to the late payment of vital  
          unemployment benefits to the unemployed, and delayed the state's  










          economic recovery.