BILL NUMBER: AB 579 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Huber
FEBRUARY 25, 2009
An act to amend Section 19815 of the Business and Professions
Code, to amend Section 11553 of, to add Section 8546.10 to, to repeal
Sections 11555, 11556, 11561, 11563.7, 11564, and 11565.5 of, and to
repeal and add Section 11553.5 of, the Government Code, to amend
Section 39513 of the Health and Safety Code, to amend Section 148 of
the Labor Code, to amend Section 8552 of the Water Code, and to amend
Section 14165.8 of the Welfare and Institutions Code, relating to
state boards and commissions.
LEGISLATIVE COUNSEL'S DIGEST
AB 579, as introduced, Huber. State boards and commissions: annual
salaries.
Existing law provides for the salaries and raises of various
exempt state employees, including the board members and commissioners
that receive an annual salary from the state for their service on a
state board or commission.
This bill would delete those provisions of law pertaining to the
salaries and raises of the board members and commissioners that
receive an annual salary from the state for their service on a state
board or commission. This bill would instead require the State
Auditor, beginning January 1 of each even-numbered year, to audit the
workload of each state board and commission comprised of board
members or commissioners to whom the state pays an annual salary for
their service on those state boards and commissions. The State
Auditor would be required to make a finding for each state board or
commission audited regarding the workload of that state board or
commission and the number of hours necessary for each board member or
commissioner to work to fulfill his or her duties to that state
board or commission. The State Auditor would be required to complete
these audits by September 1 of each even-numbered year.
The bill would also require the Governor, by January 1 of each
even-numbered year, to establish by executive order the annual
salaries of all board members and commissioners to whom the state
pays an annual salary for their service on a state board or
commission, subject to specified conditions. In establishing the
annual salaries of affected board members and commissioners, the
Governor would be required to rely on the workload audits and
associated findings of the state auditor. The bill would prohibit the
Governor from modifying the salaries of the commissioners of the
Fair Political Practices Commission pursuant to this provision prior
to September 1, 2012.
The bill would prohibit an affected board member or commissioner
from being compensated for his or her service in the next year,
beyond payment of per diem and reimbursement of travel and attendance
costs made according to law, if the State Auditor fails to conduct
the workload audits or make the associated findings, or if the
Governor fails to establish by executive order the annual salaries of
all affected board members and commissioners.
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. The Legislature finds and declares all of the
following:
(1) For several years, the state has faced budget deficits
requiring cuts and changes in priorities in order to fund state
activities.
(2) In recent months, the United States and this state have been
in an economic recession. They have been dealt severe blows due to
the credit crisis, the housing market, and their resulting effects
upon the financial markets.
(3) The ongoing structural deficit in state finances, complicated
by worsening economic developments, has created a fiscal crisis in
the governance of the state.
(4) After a nearly three-month deadlock, the Legislature passed
the $103.4 billion Budget Act of 2008 that addressed a $15.2 billion
budget shortfall.
(5) As the new fiscal year begins, the state is once again facing
a large budget shortfall. In November of 2008, the state took in $1.3
billion less than projected. Economic conditions, including
declining property values, declining stock prices, and soaring
unemployment rates have generated capital losses rather than capital
gains and have reduced sales tax, property tax, and income tax
revenues. These conditions have been estimated to lead to a $14.8
billion deficit in the current fiscal year alone. It has also been
estimated that the state is facing a budget gap that could reach $28
to $40 billion through the 2008-09 fiscal year and the 2009-10 fiscal
year.
(6) In addition, the state may be required to spend as much as $3
to $5 billion during the 2008-09 fiscal year to improve prison health
care.
(7) State law authorizes the existence of a variety of boards,
commissions, and other organizations to assist and provide direction
in the governance of state operations. These boards provide an
opportunity for residents and members of specified organizations and
groups to take an active part in helping to direct the policy and
function of state government. The great majority of these boards and
commissions compensate appointed members only with a modest per diem
and reimbursed travel expenses.
(8) There currently exists in this state, state boards and
commissions that pay members an annual salary as high as $132,178 a
year plus per diem and travel expenses, despite those members meeting
only once or twice a month.
(9) It is the intent of the Legislature that state boards and
commissions cease paying annual salaries that are not commensurate
with the work and duties of its members. It is the intent of the
Legislature that boards and commissions that are authorized by
statute to pay an annual salary may compensate only appointed members
with a per diem and reimbursement of travel expenses unless it can
be shown that the work requirements of that position justify an
annual salary.
(10) Requiring all boards and commissions to only compensate their
members for per diem and travel expenses will help to alleviate the
budget shortfall currently facing the state.
(11) The Legislature is respectful of the independence of the Fair
Political Practices Commission. Therefore, it is the intent of the
Legislature to require the State Auditor to conduct two biennial
reviews of the workload of the Fair Political Practices Commission
and its commissioners before the Governor is authorized to modify the
salaries of those commissioners.
SEC. 2. Section 19815 of the Business and Professions Code is
amended to read:
19815. (a) The members of
the commission shall receive the salary provided for by
Section 11553.5 Chapter 6 (commencing with Section
11550) of Part 1 of Division 3 of Title 2 of the Government
Code.
(b) The chairperson of the commission shall receive the salary
provided for by Section 11553 of the Government Code.
SEC. 3. Section 8546.10 is added to the Government Code, to read:
8546.10. Upon appropriation by the Legislature, notwithstanding
subdivision (a) of Section 8544.5, beginning January 1 of each
even-numbered year, the State Auditor shall audit the workload of
each state board or commission comprised of board members or
commissioners to whom the state pays an annual salary for their
service to those state boards and commissions. For each state board
or commission audited, the State Auditor shall make a finding
regarding the workload of that state board or commission and the
number of hours necessary for each board member or commissioner to
work to fulfill his or her duties to that state board or commission.
The State Auditor shall complete these audits by September 1 of each
even-numbered year.
SEC. 4. Section 11553 of the Government Code is amended to read:
11553. (a) Effective January 1, 1988, an annual salary of
eighty-one thousand six hundred thirty-five dollars ($81,635) shall
be paid to each of the following: the
Administrative Director of the Division of Industrial Accidents.
(1) Chairperson of the Unemployment Insurance Appeals Board.
(2) Chairperson of the Agricultural Labor Relations Board.
(3) President of the Public Utilities Commission.
(4) Chairperson of the Fair Political Practices Commission.
(5) Chairperson of the Energy Resources Conservation and
Development Commission.
(6) Chairperson of the Public Employment Relations Board.
(7) Chairperson of the Workers' Compensation Appeals Board.
(8) Administrative Director of the Division of Industrial
Accidents.
(9) Chairperson of the State Water Resources Control Board.
(10) Chairperson and each member of the California Integrated
Waste Management Board.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 11565.5.
SEC. 5. Section 11553.5 of the Government Code is repealed.
11553.5. (a) Effective January 1, 1988, an annual salary of
seventy-nine thousand one hundred twenty-two dollars ($79,122) shall
be paid to the following:
(1) Member of the Agricultural Labor Relations Board.
(2) Member of the State Energy Resources Conservation and
Development Commission.
(3) Member of the Public Utilities Commission.
(4) Member of the Public Employment Relations Board.
(5) Member of the Unemployment Insurance Appeals Board.
(6) Member of the Workers' Compensation Appeals Board.
(7) Member of the State Water Resources Control Board.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general cost-of-living salary increases provided
for state employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 11565.5.
SEC. 6. Section 11553.5 is added to the Government Code, to read:
11553.5. (a) (1) By January 1 of each odd-numbered year, the
Governor shall establish by executive order the annual salaries of
all board members and commissioners to whom the state pays an annual
salary for their service to state boards or commissions. In
establishing the annual salaries of affected board members and
commissioners, the Governor shall rely on the findings of the State
Auditor made pursuant to Section 8546.10.
(2) The Governor may not modify the annual salaries of the
commissioners of the Fair Political Practices Commission pursuant to
paragraph (1) prior to September 1, 2012.
(b) The annual salaries of affected board members and
commissioners established by the Governor shall be subject to all of
the following conditions:
(1) In no case shall the annual salary of a board member or
commissioner exceed the median annual salary of state employees, as
determined by the Department of Personnel Administration.
(2) The annual salary of each board member or commissioner shall
be proportional to the type and amount of work required for that
board member or commissioner to fulfill his or her duties.
(3) The Governor may, at his or her discretion, establish a
greater annual salary for the chairperson of a state board or
commission than that established for other board members or
commissioners on that state board or commission.
(c) If the State Auditor fails to conduct the audits or make the
findings mandated by Section 8546.10, or the Governor fails to
establish by executive order the annual salaries of all affected
board members and commissioners as mandated by this section, no
affected board member or commissioner shall be compensated for his or
her service in the next year, beyond payment of per diem and
reimbursement of travel and attendance costs made according to law.
SEC. 7. Section 11555 of the Government Code is repealed.
11555. (a) Effective January 1, 1988, an annual salary of
seventy-one thousand five hundred eighty-seven dollars ($71,587)
shall be paid to the following:
(1) Chairperson of the Board of Parole Hearings.
(2) Chairperson of the Occupational Safety and Health Appeals
Board.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 11565.5.
SEC. 8. Section 11556 of the Government Code is repealed.
11556. (a) Effective January 1, 1988, an annual salary of
sixty-nine thousand seventy-six dollars ($69,076) shall be paid to
each of the following:
(1) Commissioner of the Board of Parole Hearings.
(2) Member of the Occupational Safety and Health Appeals Board.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 11565.5.
SEC. 9. Section 11561 of the Government Code is repealed.
11561. An annual salary of twenty-five thousand five hundred
dollars ($25,500) shall be paid to each member of the Alcoholic
Beverage Control Appeals Board.
SEC. 10. Section 11563.7 of the Government Code is repealed.
11563.7. (a) Effective January 1, 1988, an annual salary of
twenty-five thousand one hundred eighteen dollars ($25,118) shall be
paid to each member of the State Personnel Board.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 11565.5.
SEC. 11. Section 11564 of the Government Code is repealed.
11564. (a) Effective January 1, 1988, an annual salary of
twenty-five thousand one hundred eighteen dollars ($25,118) shall be
paid to each member of the State Air Resources Board and the Central
Valley Flood Protection Board, if each member devotes a minimum of 60
hours per month to state board work. The salary shall be reduced
proportionately if less than 60 hours per month is devoted to state
board work.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 11565.5.
SEC. 12. Section 11565.5 of the Government Code is repealed.
11565.5. Notwithstanding Sections 11553, 11553.5, 11555, 11556,
11563.7, and 11564, with respect to any salary increase made after
January 1, 1997, for nonelected members of state boards and
commissions specified in Sections 11553, 11553.5, 11555, 11556,
11563.7, and 11564, the annual compensation provided by these
sections shall not automatically increase but may be increased in any
fiscal year in which there is a general increase in the salary
ranges and rates for state civil service classifications. The amount
of the increase, as determined by the Department of Personnel
Administration and subject to the appropriation of funds by the
Legislature in the annual Budget Act, shall not exceed the percentage
of the general increase in the salary rates and ranges for
classifications provided during that fiscal year for state employees
designated as managerial.
SEC. 13. Section 39513 of the Health and Safety Code is amended to
read:
39513. The state board shall hold regular meetings at least twice
a month. Special meetings may be called by the chair or upon the
request of a majority of the members. Each member of the state board
shall receive reimbursement for actual necessary traveling expenses
incurred in the performance of official duties. Time spent
in these board meetings shall count toward the sixty hours per month
work requirement specified in Section 11564 of the Government Code.
SEC. 14. Section 148 of the Labor Code is amended to read:
148. (a) There is in the Department of Industrial Relations the
Occupational Safety and Health Appeals Board, consisting of three
members appointed by the Governor, subject to the approval of the
Senate. One member shall be from the field of management, one shall
be from the field of labor and one member shall be from the general
public. The public member shall be chosen from other than the fields
of management and labor. Each member of the appeals board
shall devote his full time to the performance of his duties.
(b) The chairman and each member of the appeals board shall
receive the annual salary provided for by Chapter 6 (commencing with
Section 11550) of Part 1 of Division 3 of Title 2 of the Government
Code.
(c) The Governor shall designate the chairman of the appeals board
from the membership of the appeals board. The person so designated
shall hold the office of chairman at the pleasure of the Governor.
The chairman shall designate a member of the appeals board to act as
chairman in his absence.
SEC. 15. Section 8552 of the Water Code is amended to read:
8552. Each member of the board appointed pursuant to subdivision
(b) of Section 8551 shall receive compensation as follows:
(a) Each member shall receive the necessary expenses incurred by
the member in the performance of official duties.
(b) Any member traveling outside the state pursuant to
authorization of the board, and the approval of the Governor and
Director of Finance as provided by Section 11032 of the Government
Code, while so engaged shall receive per diem and his or her
necessary expenses.
(c) Each member shall receive the an
annual salary as provided for in Section
11564 by Chapter 6 (commencing with Section 11550) of
Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 16. Section 14165.8 of the Welfare and Institutions Code is
amended to read:
14165.8. The commission shall be reimbursed at the
annual salary of fifty thousand dollars ($50,000), beginning on
January 1, 2006. The commission shall set the salary of the
executive director and other staff consistent with funds
appropriated. The annual compensation provided by this
section shall be increased in any fiscal year in which a general
salary increase is provided for state employees. The amount of the
increase provided by this section shall be comparable to, but shall
not exceed, the percentage of the general salary increases provided
for state employees during that fiscal year.