Amended in Assembly April 18, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 363


Introduced by Assembly Member Grove

February 14, 2013


An act to amendbegin delete Sections 11553 and 11553.5 of the Government Code, and to amendend delete Section 401 of the Unemployment Insurance Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 363, as amended, 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.

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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.

end delete
begin delete

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.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

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P2    1

SECTION 1.  

Section 11553 of the Government Code is
2amended to read:

3

11553.  

(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 Agricultural Labor Relations Board.

7(2) President of the Public Utilities Commission.

8(3) Chairperson of the Fair Political Practices Commission.

9(4) Chairperson of the Energy Resources Conservation and
10Development Commission.

11(5) Chairperson of the Public Employment Relations Board.

12(6) Chairperson of the Workers’ Compensation Appeals Board.

13(7) Administrative Director of the Division of Industrial
14Accidents.

15(8) Chairperson of the State Water Resources Control Board.

16(b) The annual compensation provided by this section shall be
17increased in any fiscal year in which a general salary increase is
18provided for state employees. The amount of the increase provided
19by this section shall be comparable to, but shall not exceed, the
20percentage of the general salary increases provided for state
21employees during that fiscal year.

22(c) Notwithstanding subdivision (b), any salary increase is
23subject to Section 11565.5.

24

SEC. 2.  

Section 11553.5 of the Government Code is amended
25to read:

26

11553.5.  

(a) Effective January 1, 1988, an annual salary of
27seventy-nine thousand one hundred twenty-two dollars ($79,122)
28shall be paid to the following:

29(1) Member of the Agricultural Labor Relations Board.

30(2) Member of the State Energy Resources Conservation and
31Development Commission.

32(3) Member of the Public Utilities Commission.

33(4) Member of the Public Employment Relations Board.

34(5) Member of the Workers’ Compensation Appeals Board.

35(6) Member of the State Water Resources Control Board.

P3    1(b) The annual compensation provided by this section shall be
2increased in any fiscal year in which a general salary increase is
3provided for state employees. The amount of the increase provided
4by this section shall be comparable to, but shall not exceed, the
5percentage of the general cost-of-living salary increases provided
6for state employees during that fiscal year.

7(c) Notwithstanding subdivision (b), any salary increase is
8subject to Section 11565.5.

end delete
9

begin deleteSEC. 3.end delete
10begin insertSECTION 1.end insert  

Section 401 of the Unemployment Insurance Code
11 is amended to read:

12

401.  

(a) There is in the department an Appeals Division
13consisting of the California Unemployment Insurance Appeals
14Board and its employees. The appeals board consists of five
15members. Three members shall be appointed by the Governor,
16subject to the approval of the Senate. One member shall be
17appointed by the Speaker of the Assembly, and one member shall
18be appointed by the Senate Committee on Rules. All of the
19members of the appeals board shall be attorneys at law admitted
20to practice in any state of the United States, and shall have, at a
21minimum, one year of experience in conducting judicial or
22administrative hearings or five years of experience in the practice
23of law. Each member of the board shall devote his or her full time
24to the performance of his or her duties. The chairperson begin deleteor a end deletebegin insertand
25eachend insert
begin insert end insertmember of the board shall receivebegin delete anend deletebegin insert theend insert annual salarybegin delete set
26by the person or body who appoints the chairperson or member of
27the board. The salary of the chairperson or a member of the board
28shall not exceed the lowest salary paid to a member of the
29Assembly.end delete
begin insert provided for by Chapter 6 (commencing with Section
3011550) of Part 1 of Division 3 of Title 2 of the Government Code.end insert

31 The Governor shall designate the chairperson of the appeals board
32from the membership of the appeals board. The person so
33designated shall hold the office of chairperson at the pleasure of
34the Governor. The chairperson shall designate a member of the
35appeals board to act as chairperson in his or her absence.

36(b) The amendments made to this section by the act adding this
37subdivision shall apply to appointments made on or after January
381, 2013.

39(c) It is the intent of the Legislature that the two California
40Unemployment Insurance Appeals Board member positions that
P4    1are eliminated pursuant to this act be those board member positions
2that could have been appointed by the Governor, but were not, and
3that are currently vacant and have been vacant since October 2011.

4(d) A former member of the Legislature shall not sit on the
5Unemployment Insurance Appeals Board for two years after the
6day that person leaves the Legislature.



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