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AB-1215 Public employment: furloughs.(2009-2010)

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Amended  IN  Senate  August 17, 2010
Amended  IN  Senate  July 15, 2010
Amended  IN  Senate  September 04, 2009
Amended  IN  Assembly  May 12, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 1215


Introduced  by  Assembly Member De La Torre

February 27, 2009


An act to add Sections 19852.2, 19852.3, and 19852.4 to the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1215, as amended, De La Torre. Public employment: furloughs.
Existing law authorizes the Governor to require that the 40-hour workweek be worked in 4 days in any state agency or part thereof when the Governor determines that the best interests of the state would be served thereby. Existing law vests the Department of Personnel Administration with the duties and responsibilities exercised by the State Personnel Board with respect to the administration of salaries, hours, and other personnel-related matters.
This bill would exempt employees in positions funded at least 95% by sources other than the General Fund, employees of the Franchise Tax Board, and employees of the State Board of Equalization from furloughs implemented by any state agencies, boards, and commissions. The bill would also prohibit a state agency, board, or commission from directly or indirectly implementing or assisting in implementing a furlough of those employees. The bill would define “employee” for the purpose of those provisions and would also specify that nothing in those provisions shall be construed as legal authorization for the imposition of furloughs on employees through Executive order. The bill would also make related findings and declarations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 19852.2 is added to the Government Code, to read:

19852.2.
 The Legislature finds and declares all of the following:
(a) Executive Orders S-16-08 and S-13-09 imposed three unpaid furlough days on state employees. These furloughs, instituted outside the collective bargaining process, constitute an annual pay cut of 14 percent. The imposition of involuntary furlough time on state employees has resulted in tremendous hardship to employees and their families.
(b) Although the Executive orders declare an emergency pursuant to Section 3516.5 based upon the General Fund deficit, the furloughs apply to virtually all state employees, without regard to whether they are paid through the General Fund or whether the furlough results in any state savings.
(c) Several dozen state agencies are user-funded or federally funded. Furloughing the employees of these agencies creates no General Fund savings and simply makes these agencies less efficient.
(d) Not only do delays harm California’s most vulnerable residents but they also deprive the state of various sources of federal funding, at a time when we must maximize all revenue sources to improve our economy. A report by the Social Security Administration’s inspector general concluded that just two furlough days would decrease California’s capacity to process disability claims by 10 percent, delaying 2,375 disability cases per month. Currently the Department of Social Services, which administers the program, is losing ten million dollars ($10,000,000) per month in federal funds.
(e) With the unemployment rate at a record high, furloughing workers at the Employment Development Department and the California Unemployment Insurance Appeals Board will only make it harder for the unemployed to access benefits. It is estimated that the wait time for an appeal to be heard will increase from seven weeks to three months. These departments are federally funded so the hardship inflicted will not result in any state savings.
(f) In addition to departments whose employees are not paid from the General Fund, the furloughs extend even to those departments that generate new revenue. The Franchise Tax Board says the state will lose five hundred million dollars ($500,000,000) over the next three years because collections and audits will decline due to employee furloughs. The Franchise Tax Board has already seen a three hundred seventy-two million dollar ($372,000,000) reduction in income tax revenue for the fiscal year that ended June 30. These furloughs are actually exacerbating the General Fund deficit they were intended to help reduce.
(g) California’s budget deficit is a product of the national and global economic downturn. Solutions to the budget crisis should focus on improving the economy, rather than cutting the pay of and decreasing consumer spending by California workers. The Sacramento region is already losing five hundred million dollars ($500,000,000) to six hundred million dollars ($600,000,000) a month in worker wages, forcing many local businesses to lay off workers or close their doors.

SEC. 2.Section 19852.3 is added to the Government Code, to read:
19852.3.

(a)Employees in positions funded at least 95 percent by sources other than the General Fund shall be exempt from furloughs implemented by any state agencies, boards, and commissions.

(b)A state agency, board, or commission shall not directly or indirectly implement or assist in implementing a furlough of an employee when the position is funded at least 95 percent from sources other than the General Fund.

(c)Nothing in this section shall be construed as legal authorization for the imposition of furloughs on employees through Executive order.

(d)For the purposes of this section, “employee” means a civil service employee of the State of California. The “State of California” as used in this section includes such state agencies, boards, and commissions as may be designated by law that employ civil service employees.

SEC. 3. SEC. 2.

 Section 19852.4 is added to the Government Code, to read:

19852.4.
 (a) Employees of the Franchise Tax Board and the State Board of Equalization shall be exempt from furloughs implemented by any state agency, board, or commission.
(b) A state agency, board, or commission shall not directly or indirectly implement or assist in implementing a furlough of an employee of the Franchise Tax Board or the State Board of Equalization.
(c) Nothing in this section shall be construed as legal authorization for the imposition of furloughs on employees through an Executive order.
(d) For the purposes of this section, “employee” means a civil service employee of the State of California.