BILL NUMBER: AB 363 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 18, 2013
INTRODUCED BY Assembly Member Grove
FEBRUARY 14, 2013
An act to amend Sections 11553 and 11553.5 of the
Government Code, and to amend 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.
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
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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:
(1) Chairperson of the Agricultural Labor Relations Board.
(2) President of the Public Utilities Commission.
(3) Chairperson of the Fair Political Practices Commission.
(4) Chairperson of the Energy Resources Conservation and
Development Commission.
(5) Chairperson of the Public Employment Relations Board.
(6) Chairperson of the Workers' Compensation Appeals Board.
(7) Administrative Director of the Division of Industrial
Accidents.
(8) Chairperson 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 salary increases provided for state
employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 11565.5.
SEC. 2. Section 11553.5 of the Government Code
is amended to read:
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 Workers' Compensation Appeals Board.
(6) 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. 3. SECTION 1. Section 401 of
the Unemployment Insurance Code is amended to read:
401. (a) There is in the department an Appeals Division
consisting of the California Unemployment Insurance Appeals Board and
its employees. The appeals board consists of five members. Three
members shall be appointed by the Governor, subject to the approval
of the Senate. One member shall be appointed by the Speaker of the
Assembly, and one member shall be appointed by the Senate Committee
on Rules. All of the members of the appeals board shall be attorneys
at law admitted to practice in any state of the United States, and
shall have, at a minimum, one year of experience in conducting
judicial or administrative hearings or five years of experience in
the practice of law. Each member of the board shall devote his or her
full time to the performance of his or her duties. The chairperson
or a and each member of the
board shall receive an the annual
salary set by the person or body who appoints the
chairperson or member of the board. The salary of the chairperson or
a member of the board shall not exceed the lowest salary paid to a
member of the Assembly. provided for by Chapter
6 (commencing with Section 11550) of Part 1 of Division 3 of
Title 2 of the Government Code. The Governor shall designate
the chairperson of the appeals board from the membership of the
appeals board. The person so designated shall hold the office of
chairperson at the pleasure of the Governor. The chairperson shall
designate a member of the appeals board to act as chairperson in his
or her absence.
(b) The amendments made to this section by the act adding this
subdivision shall apply to appointments made on or after January 1,
2013.
(c) It is the intent of the Legislature that the two California
Unemployment Insurance Appeals Board member positions that are
eliminated pursuant to this act be those board member positions that
could have been appointed by the Governor, but were not, and that are
currently vacant and have been vacant since October 2011.
(d) A former member of the Legislature shall not sit on the
Unemployment Insurance Appeals Board for two years after the day that
person leaves the Legislature.