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<ns0:Id>20250SB__060599INT</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-20</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Cortese</ns0:AuthorText>
<ns0:AuthorText authorType="PRINCIPAL_COAUTHOR_OPPOSITE">(Principal coauthor: Assembly Member Muratsuchi)</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_OPPOSITE">(Coauthors: Assembly Members Krell and Schultz)</ns0:AuthorText>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Cortese</ns0:Name>
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<ns0:Contribution>PRINCIPAL_COAUTHOR</ns0:Contribution>
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<ns0:Name>Muratsuchi</ns0:Name>
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<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Krell</ns0:Name>
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<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Schultz</ns0:Name>
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<ns0:Title> An act to add Section 19827.4 to the Government Code, relating to public employment. </ns0:Title>
<ns0:RelatingClause>public employment</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>State attorneys and administrative law judges: compensation.</ns0:Subject>
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<html:p>Existing law requires the Department of Human Resources to establish and adjust salary ranges for each class of position in the state civil service.</html:p>
<html:p>This bill would require that the salaries of state attorneys and administrative law judges in State Bargaining Unit 2 be no less than the average salaries of public sector attorneys, as specified. The bill would require the Department of Human Resources to annually conduct a survey of salary structures by March 1 of each year, as specified, and determine the average salary of public sector attorneys for each attorney classification, including the minimum salaries for entry-level attorneys, intermediate classifications, and the most senior nonmanagerial attorneys, noninclusive of negotiated differentials. The bill would require that state administrative law judges have salaries not less than the
maximum salary of state attorneys classified at a specified level. The bill would require the department to make a good faith offer of parity in salary with respect to public sector agency attorneys’ and administrative law judges’ salaries in any negotiations with the exclusive bargaining representative. The bill would provide that no state attorney or administrative law judge classification shall be reduced in salary as a result of these provisions.</html:p>
<html:p>This bill would state that its provisions supersede any memorandum of understanding and shall become effective with respect to salary increases on March 1 of each year. It would provide that its implementation, except for the annual survey, is contingent upon the appropriation of funds in the annual Budget Act and that implementation shall be phased in over 3 fiscal years commencing on July 1, 2026. The bill would also provide that the superior court has exclusive jurisdiction over disputes arising under these
provisions. </html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 19827.4 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
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<ns0:Num>19827.4.</ns0:Num>
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(a)
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It is the intent of the Legislature in the enactment of this section to provide competitive salaries to all state attorneys and administrative law judges by ensuring minimum good faith salary offers for all state attorneys and administrative law judges consistent with the principle of parity with other public sector attorneys in California. In order for the state to recruit and retain the highest qualified attorneys and administrative law judges to enforce California’s laws, to protect the public interest, to advise its officers, and to ensure enforcement of its administrative laws, the salaries paid to state attorneys in State Bargaining Unit 2 shall be no less than the average salaries paid to the public sector attorneys as set forth in subdivisions (c) to (f), inclusive. Salaries paid to
administrative law judges shall be established as set forth in subdivision (g).
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<html:p>
(b)
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As used in this section, the following terms have the following meanings:
</html:p>
<html:p>
(1)
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“Department” means the Department of Human Resources.
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<html:p>
(2)
<html:span class="EnSpace"/>
“Headquartered” means the county in which the attorney or administrative law judge performs a majority of their work.
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<html:p>
(3)
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“Nonmanagerial” with respect to attorneys in both local and state agencies means any attorney position that does not meet the definition of “managerial” set forth in Section 3513.
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<html:p>
(4)
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“Salary” means pay or wages, and shall exclude benefits or other forms of compensation or remuneration.
</html:p>
<html:p>
(c)
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For purposes of this section, all state attorneys and administrative law judges shall be classified into one of three geographic regions as follows:
</html:p>
<html:p>
(1)
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State attorneys and administrative law judges headquartered in the Counties of Los Angeles, San Diego, Riverside, San Bernardino, Orange, Ventura, and Santa Barbara shall be classified as Region I attorneys and administrative law judges.
</html:p>
<html:p>
(2)
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State attorneys and administrative law judges headquartered in the Counties of San Francisco, San Mateo, Santa Cruz, Monterey, Marin, Sonoma, Napa, Contra Costa, Alameda, and Santa Clara shall be classified as Region II attorneys and administrative law judges.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
State attorneys and administrative law judges headquartered in any California county not enumerated in either paragraph (1) or (2) shall be classified
as Region III attorneys and administrative law judges.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, the following public sector agencies in the three regions classified in subdivision (c) shall be surveyed in accordance with subdivision (e).
</html:p>
<html:p>
(1)
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For Region I, the agencies to be surveyed shall be the Court of Appeal in Region I, the California Supreme Court in Region I, the San Diego County District Attorney’s office, the Los Angeles County District Attorney’s office, the Los Angeles County Counsel’s office, the Civil Division of the Los Angeles City Attorney’s office, the Orange County District Attorney’s office, and the Orange County Counsel’s office.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For Region II, the agencies to be surveyed shall be the Court of Appeal in Region II, the California Supreme Court in Region II, the San Mateo County Attorney’s office, the
San Mateo District Attorney’s office, the San Francisco City Attorney’s office, the San Francisco District Attorney’s office, the Alameda County District Attorney’s office, and the Alameda County Counsel’s office.
</html:p>
<html:p>
(3)
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For Region III, the agencies to be surveyed shall be the Court of Appeal in Region III, the California Supreme Court in Region III, the Sacramento County District Attorney’s office, the Sacramento County Counsel’s office, and the Sacramento City Attorney’s office.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall annually survey the salary structures of each of the public agencies identified in subdivision (d) and determine each of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The salaries paid to entry-level attorneys and the highest salaries paid to the most senior nonmanagerial attorneys, for each of those agencies.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The average salary paid to entry-level attorneys and the average highest salary paid to the most senior nonmanagerial attorneys within each of the three regions.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The combined average salary for entry-level attorneys and the combined average highest salary paid to the most senior managerial attorneys for the three regions, calculated by adding the salaries from each public agency identified in subdivision (d) and dividing the number by the total number of public agencies in the three regions combined.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The minimum salary, noninclusive of negotiated differentials, for entry-level state attorneys in their respective regions shall be no less than the average for public agency entry-level attorneys as calculated pursuant to paragraph (2) of subdivision (e) for each region, or the average
of all three regions as calculated pursuant to paragraph (3) of subdivision (e), whichever is greater.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The minimum salary, noninclusive of negotiated differentials, for the most senior nonmanagerial classification of state attorneys in their respective regions shall be no less than the average highest salary paid to the most senior nonmanagerial attorney classifications of public agencies as calculated pursuant to paragraph (2) of subdivision (e) for each region, or the average of all three regions as calculated pursuant to paragraph (3) of subdivision (e), whichever is greater.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
State administrative law judges, as defined in Section 11475.10, and senior administrative law judges, as defined by the State Personnel Board, in each region shall have salaries, noninclusive of negotiated differentials, no less than the maximum salary of state attorneys classified in the State
Attorney IV level in each region.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The department shall establish minimum salaries for each intermediate classification of state attorneys between the entry-level attorney classification and the most senior nonmanagerial attorney classification so as to maintain a relationship between all classifications and between all steps within all classifications proportional to the minimum salaries for the entry-level attorney and the most senior nonmanagerial attorney classifications.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
At a minimum, the department shall make a good faith offer of parity in salary as provided in subdivisions (c) to (g), inclusive, in any negotiations with the exclusive bargaining representative.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The annual salary survey required under subdivision (e) shall be completed and provided to the exclusive bargaining representative by March
1 of each year reflecting salaries in effect on January 15 of that year. Notwithstanding subdivision (m), this annual survey shall be conducted each year regardless of whether funds are appropriated to implement this section.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this section, no state attorney or administrative law judge classification shall be reduced in salary as a result of this section.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
This section shall become effective notwithstanding any other provision of law or any other terms or conditions in a memorandum of understanding. In the event this statute supersedes a memorandum of understanding, salary increases shall become effective March 1 of each year. The superior court shall have exclusive jurisdiction over disputes arising under this section and shall render any appropriate relief to remedy violations of this section.
</html:p>
<html:p>
(m)
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Except as provided in subdivision (j), implementation of this section shall be contingent upon the appropriation of the necessary funds in the annual Budget Act. Implementation shall be phased in over three fiscal years commencing on July 1, 2026, as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Effective July 1, 2026, no less than one-third of the total salary increases as calculated under subdivisions (e), (f), and (g).
</html:p>
<html:p>
(2)
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Effective July 1, 2027, no less than two-thirds of the total salary increases as calculated under subdivisions (e), (f), and (g).
</html:p>
<html:p>
(3)
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Effective July 1, 2028, and in every subsequent year, the total amount of the salary increases as calculated under subdivisions (e), (f), and (g).
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