BILL ANALYSIS
Bill No: AB
579
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 579 Author: Huber
As Amended: June 30, 2009
Hearing Date: July 8, 2009
Consultant: Chris Lindstrom
SUBJECT
State boards and commissions: audits.
DESCRIPTION
AB 579 requires the State Auditor (SA) to annually audit
the workload of at least two boards and commissions to
which the state pays an annual salary for the services of
the members. AB 579 requires the SA to begin with the
California Integrated Waste Management Board (CIWMB) and
the California Unemployment Insurance Appeals Board
(CUIAB). Specifically, the bill:
1)Requires the SA, upon appropriation by the Legislature,
to annually audit the workload of at least two boards and
commissions to whom the state pays an annual salary for
the services of the members.
2)Provides that, for each state board or commission
audited, the SA 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.
3)Requires the SA to complete the audits and report its
findings to the Legislature and the Governor on or before
December 31st of each year.
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4)Requires the SA to begin with the CIWMB and the CUIAB
with audit reports for these two boards due by December
31, 2010.
EXISTING LAW
Existing law provides for the salaries and raises of
various exempt state employees, including board members and
commissioners that receive an annual salary from the state
for their service on a state board or commission.
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BACKGROUND
Purpose of the bill. According to the author's office,
"The state does not have a mechanism in place to examine
the work performed by individuals appointed to boards and
commissions to ensure that these salaried appointees are
paid salaries commensurate with their duties. To ensure
that state boards and commissions are neither performing
superfluous tasks nor providing excessive salaries with
taxpayer funds, the state must develop a process to provide
an independent, non-partisan assessment of their activities
and the salaries paid to appointees."
Joint Legislative Sunset Review Committee (JLSRC). The
JLSRC reviews the mission and accomplishments of several
state consumer protection boards. The primary goal of the
JLSRC is to systematically examine and evaluate all boards
and commissions within the Department of Consumer Affairs
to ensure that they are effectively, efficiently, and
transparently administered in the public interest.
The scope of the work of the JLSRC is broader than the
requirements placed upon the SA by AB 579. The rationale
for the sunset review law is to place a termination date on
a particular program or agency, and in the meantime, review
it to determine if it is still operating in an effective
and efficient manner, and whether it should continue to
exist. AB 579 is narrowly focused to examine the workload
of state boards or commissions and the number of hours of
work necessary for each board member or commissioner to
fulfill his or her duties to the state boards or
commissions. The requirements of AB 579 could be deemed as
complementary to the work of the JLSRC.
PRIOR/RELATED LEGISLATION
SB 685 (Strickland), 2009-2010 Legislative Session . Would
suspend the salaries of the members serving on specific
state boards and commissions for three consecutive fiscal
years, beginning with the 2010-11 fiscal year. Provides
that a board or commission member who is prohibited from
receiving a salary may receive $100 daily per diem
allowance during those fiscal years in which their salaries
are suspended. (Failed passage in Senate Governmental
Organization Committee. Reconsideration granted.)
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AB 2539 (Strickland), 2007-2008 Legislative Session .
Eliminates the salary of any member of a state board or
commission that received a salary in excess of $100,000 in
2007 if a state law or regulation requires the board to
meet two or less times per month. (Died in Assembly
Business and Professions Committee.)
AB 309 (Tran), 2007-2008 Legislative Session . Similar to
SB 685 (Strickland) of 2009. (Died in Assembly Business
and Professions Committee.)
AB 38 (Tran), 2005-2006 Legislative Session . Similar to SB
685 (Strickland) of 2009. (Died in Assembly Business and
Professions Committee.)
AB 556 (Strickland), 2003-2004 Legislative Session .
Similar to SB 685 (Strickland) of 2009. (Died in Assembly
Business and Professions Committee.)
SB 2036 (McCorquodale), Chapter 908, Statutes of 1994 .
Provides for cyclical (every four years) performance review
and elimination of regulatory boards and commissions in the
Department of Consumer Affairs and creates a Joint
Legislative Sunset Review Committee.
SUPPORT: None on file as of July 6, 2009.
OPPOSE: None on file as of July 6, 2009.
FISCAL COMMITTEE: Senate Appropriations Committee
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