AB 363, as introduced, Grove. Unemployment Insurance Appeals Board: members.
Existing law creates, in the Employment Development Department, the California Unemployment Insurance Appeals Board, consisting of 7 members, 2 of whom are required to be attorneys at law admitted to practice in California. Existing law authorizes the Governor to appoint 5 of the 7 members, as specified.
This bill would prohibit a former member of the Legislature from sitting on the Unemployment Insurance Appeals Board for 2 years after the day that person leaves the Legislature, as specified.
Existing law requires that an annual salary of $81,635, to be increased as specified, be paid to the Chairperson of the Unemployment Insurance Appeals Board. Existing law establishes the annual salary for each member of the board at $79,122, to be increased, as specified.
This bill would provide that the salaries of the chairperson and members of the Unemployment Insurance Appeals Board shall be set by the person or body appointing the chairperson or member, not to exceed the salary of the lowest paid member of the Assembly.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11553 of the Government Code is
2amended to read:
(a) Effective January 1, 1988, an annual salary of
4eighty-one thousand six hundred thirty-five dollars ($81,635) shall
5be paid to each of the following:
6(1) Chairperson of the Unemployment Insurance Appeals Board.
end delete7(2)
end delete8begin insert(1)end insert Chairperson of the Agricultural Labor Relations Board.
9(3)
end delete10begin insert(2)end insert President of the Public Utilities Commission.
11(4)
end delete12begin insert(3)end insert Chairperson of the Fair Political Practices Commission.
13(5)
end delete
14begin insert(4)end insert Chairperson of the Energy Resources Conservation
and
15Development Commission.
16(6)
end delete17begin insert(5)end insert Chairperson of the Public Employment Relations Board.
18(7)
end delete19begin insert(6)end insert Chairperson of the Workers’ Compensation Appeals Board.
20(8)
end delete
21begin insert(7)end insert Administrative Director of the Division of Industrial
22Accidents.
23(9)
end delete24begin insert(8)end insert Chairperson of the State Water Resources Control Board.
25(b) The annual compensation provided by this section shall be
26increased in any fiscal year in which a general salary increase is
27provided for state employees. The amount of the increase provided
28by this section shall be comparable to, but shall not exceed, the
29percentage of the general salary increases provided for
state
30employees during that fiscal year.
31(c) Notwithstanding subdivision (b), any salary increase is
32subject to Section 11565.5.
Section 11553.5 of the Government Code is amended
34to read:
(a) Effective January 1, 1988, an annual salary of
36seventy-nine thousand one hundred twenty-two dollars ($79,122)
37shall be paid to the following:
38(1) Member of the Agricultural Labor Relations Board.
P3 1(2) Member of the State Energy Resources Conservation and
2Development Commission.
3(3) Member of the Public Utilities Commission.
4(4) Member of the Public Employment Relations Board.
5(5) Member of the Unemployment Insurance Appeals Board.
end delete6(6)
end delete7begin insert(5)end insert Member of the Workers’ Compensation Appeals Board.
8(7)
end delete9begin insert(6)end insert Member of the State Water Resources Control Board.
10(b) The annual compensation provided by this section shall be
11increased in any fiscal year in which a general salary increase is
12provided for state employees. The amount of the increase provided
13by this section shall be comparable to, but shall not exceed, the
14percentage of the general cost-of-living salary increases provided
15for
state employees during that fiscal year.
16(c) Notwithstanding subdivision (b), any salary increase is
17subject to Section 11565.5.
Section 401 of the Unemployment Insurance Code is
19amended to read:
(a) There is in the department an Appeals Division
21consisting of the California Unemployment Insurance Appeals
22Board and its employees. The appeals board consists of five
23members. Three members shall be appointed by the Governor,
24subject to the approval of the Senate. One member shall be
25appointed by the Speaker of the Assembly, and one member shall
26be appointed by the Senate Committee on Rules. All of the
27members of the appeals board shall be attorneys at law admitted
28to practice in any state of the United States, and shall have, at a
29minimum, one year of experience in conducting judicial or
30administrative hearings or five years of experience in the practice
31of law. Each member of the board shall devote his or her full time
32to the performance of his or her duties. The chairpersonbegin delete and eachend delete
33begin insert
or aend insert member of the board shall receivebegin delete theend deletebegin insert anend insert annual salary
34begin delete provided for by Chapter 6 (commencing with Section 11550) of begin insert set by the
35Part 1 of Division 3 of Title 2 of the Government Codeend delete
36person or body who appoints the chairperson or member of the
37boardend insertbegin insert. The salary of the chairperson or a member of the board
38shall not exceed the lowest salary paid to a member of the
39Assemblyend insert. The Governor shall designate the chairperson of the
40appeals board from the membership of the appeals board. The
P4 1
person so designated shall hold the office of chairperson at the
2pleasure of the Governor. The chairperson shall designate a
3member of the appeals board to act as chairperson in his or her
4absence.
5(b) The amendments made to this section by the act adding this
6subdivision shall apply to appointments made on or after January
71, 2013.
8(c) It is the intent of the Legislature that the two California
9Unemployment Insurance Appeals Board member positions that
10are eliminated pursuant to this act be those board member positions
11that could have been appointed by the Governor, but were not, and
12that are currently vacant and have been vacant since October 2011.
13(d) A former member of the Legislature shall not sit on the
14Unemployment Insurance
Appeals Board for two years after the
15day that person leaves the Legislature.
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