BILL NUMBER: AB 579	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009

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   add Section 8546.10 to the
Government Code, relating to state  boards and commissions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 579, as amended, Huber. State boards and commissions: 
annual salaries   audits  .
   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.  
   Under existing law, the Bureau of State Audits has statutory audit
and evaluation duties. Existing law specifies that the State
Auditor, who is appointed by the Governor, is the head of the Bureau
of State Audits.  
   This bill would require the State Auditor to annually, upon
appropriation by the Legislature, audit the workload of at least 2
state boards or commissions 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 findings 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 and make these findings by June 1 of each year. The State
Auditor would also be required to annually report to the Legislature
and the Governor regarding these audits and findings. The State
Auditor would be required to audit the workload of the California
Integrated Waste Management Board and the California Unemployment
Insurance Appeals Board in accordance with, and in satisfaction of,
the above provisions, by June 1, 2010. 
   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.    Section 8546.10 is added to the 
 Government Code  , to read:  
   8546.10.  (a) Upon appropriation by the Legislature,
notwithstanding subdivision (a) of Section 8544.5, the State Auditor
shall annually audit the workload of at least two state boards or
commissions comprised of board members or commissioners to whom the
state pays an annual salary for their service to those state boards
and commissions.
   (b) For each state board or commission audited, the State Auditor
shall make findings 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.
   (c) The State Auditor shall complete the audits required by
subdivision (a) and make the findings required by subdivision (b) by
June 1 of each year.
   (d) The State Auditor shall annually report to the Legislature and
the Governor regarding the audits and findings required by this
section.
   (e) The State Auditor shall audit, and make findings regarding,
the workload of the California Integrated Waste Management Board and
the California Unemployment Insurance Appeals Board, in accordance
with the requirements of this section, by June 1, 2010. These
workload audits shall be conducted in accordance with and in
satisfaction of the requirements of subdivision (a) for the year
2010.  All matter omitted in this version of the bill appears in
the bill as introduced in Assembly, February 25, 2009 (JR11)