Bill Text: CA SB1368 | 2011-2012 | Regular Session | Amended

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Bill Title: State officers and employees: salaries.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-04-24 - Set, first hearing. Failed passage in committee. (Ayes 6. Noes 7. Page 3263.) Reconsideration granted. [SB1368 Detail]

Download: California-2011-SB1368-Amended.html

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BILL NUMBER: SB 1368	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 19, 2012
	AMENDED IN SENATE  APRIL 16, 2012

INTRODUCED BY   Senator Anderson

                        FEBRUARY 24, 2012

   An act to add Section 18005 to the Government Code, relating to
state employees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1368, as amended, Anderson. State officers and employees:
salaries.
   Existing law generally requires the Department of Personnel
Administration to establish and adjust salary ranges for each class
of position in the state civil service, as specified.
   This bill would prohibit the annual rate of salary of a state
officer or employee, on or after January 1, 2013, from exceeding the
annual salary authorized to be received by the Governor, subject to
certain exceptions.
   The bill would also set forth the Legislature's recommendation
that the Regents of the University of California also limit the
annual salary rates for employees of the University of California in
the same manner. The bill would include related statements of
legislative intent.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) It is the intent of the Legislature to limit the
annual rate of salary for state officers and employees to no more
than the amount received by the Governor.
   (b) It is also the intent of the Legislature that this act apply
to the following:
   (1) All state employees who are not constitutional officers or who
are not currently subject to an existing memorandum of understanding
or employment contract with the State of California entered into
prior to January 1, 2013.
   (2) All state agencies and positions not exempted by the
California Constitution, including the Department of Corrections and
Rehabilitation, once the federal receivership returns control to the
state, and the California State University system.
   (c) The Legislature recommends that the Regents of the University
of California also limit the annual rate of salary for officers and
employees of the University of California to no more than the amount
received by the Governor in accordance with this act.
  SEC. 2.  Section 18005 is added to the Government Code, to read:
   18005.  (a) Notwithstanding any other provision of law, on or
after January 1, 2013, the annual rate of salary of a state officer
or employee shall not exceed the annual salary authorized to be
received by the Governor.
   (b) For purposes of this section, "annual rate of salary" shall
include overtime pay.
   (c) For purposes of this section, "state officer" shall not
include any elected constitutional officer whose compensation is set
pursuant to Section 8 of Article III of the California Constitution.
   (d) This section shall not affect annual rates of salary set
pursuant to a memorandum of understanding or an employment contract
in place prior to January 1, 2013. Notwithstanding Section 3517.8,
upon the expiration of that memorandum of understanding or contract,
this section shall prohibit any annual rates of salary that exceed
the amount specified in subdivision (a).
   (e) This section shall not affect the annual rate of salary of
 an exempt   a  public safety employee that
exceeds the annual salary received by the Governor, if that salary
is approved by the department head or the chief administrative
officer of the employee's respective state agency. For purposes of
this subdivision, "public safety employee" means a correctional
officer, an officer of the California Highway Patrol, or other public
safety officer whose job duties are essential to the immediate
preservation of public safety.
   (f) This section shall not apply if the Governor declares a state
of emergency and determines that it is necessary to exceed the annual
salary limitation imposed by this section.