BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 37
                                                                  Page  1

          Date of Hearing:   July 8, 2009

            ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL  
                                      SECURITY
                                 Ed Hernandez, Chair
                   SB 37 (Strickland) - As Amended:  June 25, 2009

           SENATE VOTE  :   36-0
           
          SUBJECT  :   State employees: statement of deductions.

           SUMMARY  :   Requires that state employees participating in the  
          direct deposit program receive their statement of earnings and  
          deductions by an electronic method unless the employee requests,  
          in writing, to receive a paper version of the statement.

           EXISTING LAW  : 

          1)Permits state employees of the state to voluntarily authorize  
            the direct deposit by electronic fund transfer of their salary  
            or wages into an account at the financial institution of their  
            choice.

          2)Allows each employing agency to establish the participation  
            eligibility criteria.

          3)Provides that participants enrolled in the direct deposit  
            program do not receive payroll warrants, but continue to  
            receive a statement of earnings and deductions (participants  
            receive a non-negotiable paper direct deposit advice).

          4)Requires each state agency that issues a payment of salary or  
            wages, whether by direct deposit or otherwise, to provide each  
            employee, at his or her discretion, an itemized statement in  
            writing or electronically.

          5)Provides that the electronic statement is contingent upon the  
            funding and implementation of the State Controller's Office  
            (SCO's) new 21st Century Human Resources system.

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   In his support letter on this bill, the State  
          Controller writes, The State Controller writes that this bill,  
          "?would allow state employees who participate in the direct  








                                                                  SB 37
                                                                  Page  2

          deposit program to receive their itemized earnings statements  
          electronically when the State Controller's Office has developed  
          the capability.  These employees will also have the ability to  
          continue to receive earning statements on paper if they choose  
          to do so.  Existing law mandates that the State provides each  
          employee an itemized statement of wages and deductions.  This  
          law will provide greater support for moving employees to an  
          electronic statement.   If every direct deposit participant  
          elected to receive electronic earnings statements, the  
          Controller's Office could realize an estimated annual savings in  
          excess of $162,000, while the State could save as much as $3.7  
          million annually.  We believe it is good business practice to  
          use e-commerce tools wherever and whenever possible to meet the  
          goals of more efficient and cost-effective services.  This is  
          especially important when cost savings are crucial to the State.  
           SB 37 will help achieve those goals and I look forward to  
          working with you to ensure its enactment."

          Other supporters state, "SB 37 establishes a default system  
          whereby state employees who participate in a direct deposit  
          program will electronically receive their statement of earnings  
          unless they choose to receive paper copies.  Paper production  
          contributes to global warming, pollution, forest depletion, and  
          water and energy consumption.  By substituting electronic pay  
          stubs for paper pay stubs, this bill will save money and  
          conserve vital ecological resources."

          Opponents state, "In our opinion, the current method is working  
          just fine.  There are many reasons that an employee may wish to  
          receive a hard copy of their statement as opposed to an  
          electronic version.  It seems to us the current opt in version  
          as it pertains to receiving the statement electronically is  
          sufficient and the responsibility should remain with the  
          employer should they want employees to receive them  
          electronically."

          Similar legislation is AB 232 (Hill) which passed out of this  
          Committee earlier this year on a 6 - 0 vote and is currently  
          awaiting action in the Senate.  AB 232 allows the California  
          State Teachers' Retirement System to prescribe the form for  
          accepting electronically signed applications and documents and  
          not mail a copy of benefit payment information when payments are  
          made by electronic funds transfer, unless there is a change in  
          the net amount paid.









                                                                  SB 37
                                                                  Page  3

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California State Controller's Office
          City of Carpinteria
          Contra Costa Taxpayers Association
          Howard Jarvis Taxpayers Association
          National Tax Limitation Committee
          Natural Resources Defense Council
          People's Advocate, Inc.
          Santa Barbara County Taxpayers Association
          Santa Barbara Technology and Industry Association
          Sierra Club California
           
            Opposition 
           
          California Association of Professional Scientists

           Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916)  
          319-3957