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F I S C A L I M P A C T R E P O R T

SPONSOR Swisstack

DATE TYPED 1/27/05

HB 406

SHORT TITLE Administrative Office of District Attorneys

SB

ANALYST Medina

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$2,602.2

Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Partially Duplicates Appropriation in the General Appropriation Act

Relates to HB 408

SOURCES OF INFORMATION

LFC Files

Administrative Office of the District Attorneys

Response Not Received From

Administrative Office of the District Attorneys

SUMMARY

Synopsis of Bill

House Bill 406 appropriates $2,602,200 from the general fund to the Administrative Office of

the District Attorneys (AODA) to provide for parity salary adjustments for attorneys in the dis-

trict attorney offices.

Significant Issues

The bill calls for salary increases to achieve pay parity at all attorney classifications with other

state-employed attorneys including those employed by the executive branch, the Office of the

Attorney General and the Administrative Office of the Courts. The following table, which is pro-

vided by the AODA, summarizes the distribution of salary increases including benefits.

House Bill 406 -- Page 2

Attorney Classification

Percent Increase

Cost with Benefits

Associate (entry-level) trial attorney

21.1%

$346.8

Assistant (mid-level) trial attorney

12.6%

$418.9

Senior (advanced-level) trial attorney

20.2%

$1,009.5

Deputy district attorney

16.5%

$827.0

Total Cost for District Attorney Parity

$2, 602.2

FISCAL IMPLICATIONS

The appropriation of $2,602,200 contained in this bill is a recurring expense to the general fund.

Any unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall revert

to the general fund.

The LFC FY06 appropriation recommendation is balanced between revenues and expenditures

and any increase in recurring funding must be offset by reductions in other areas of the recom-

mendation. The Legislature must consider all priorities and funding requirements to find reve-

nue to support this legislation.

ALTERNATIVES

During the interim, the LFC heard joint testimony from the district attorneys and the Public De-

fender Department regarding the agencies’ challenges in recruiting and retaining attorneys. Sub-

sequently, the LFC has recommended that $113.3 be appropriated to AODA to administer a spe-

cial 2 percent compensation increase for associate and assistant district attorneys in addition to

the increase appropriated for all state employees. Associate and assistant district attorneys, the

entry- and mid-level classification of trial attorneys, are the positions with which the district at-

torney offices experience the most problems with recruitment and retention.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

Staff attorneys in the offices of the district attorneys will continue to be compensated at the cur-

rent levels.

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