BILL ANALYSIS
Bill No: SB
685
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
SB 685 Author: Strickland
As Amended: April 13, 2009
Hearing Date: April 28, 2009
Consultant: Chris Lindstrom
SUBJECT
State boards and commissions: salaries: suspension.
DESCRIPTION
SB 685 suspends 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.
EXISTING LAW
Existing law provides for the payment of salaries of
specified appointed members serving on various state boards
and commissions, and allows appointed board and commission
members to receive a per diem allowance of $100 per day to
pay for additional expenses incurred.
BACKGROUND
Purpose of the bill. According to the author's office,
"the state is in the midst of a severe budget crisis and
facing the prospects of another multi-billion budget
shortfall next fiscal year. Members of the Legislature are
working diligently to solve this budget shortfall by
examining how the state currently spends tax dollars. This
bill would suspend the salaries of specified state boards
SB 685 (Strickland) continued
Page 2
and commissions through the 2012-2013 fiscal year, thereby
saving the General Fund millions of dollars per year.
Board members would be eligible to receive daily per diem
payments, as set by existing law, to pay for expenses
incurred for attending board meetings."
Impacted Boards and Commissions. SB 685 provides that the
members appointed to the following 12 boards and
commissions, listed below, shall receive no salary for the
2010-11, 2011-12, and 2012-13 fiscal years. The extent of
the impacts of this bill to these boards and commissions is
unclear, as well as, the impacts on the constituencies
served by these boards and commissions and the
corresponding economic and societal impacts to the state.
1)Agricultural Labor Relations Board (ALRB). ALRB oversees
agricultural employee elections and whether or not they
wish to be represented by a labor organization. ALRB
also investigates and remedies unfair labor practices on
the part of both employers and labor organizations. ALRB
is comprised of five (5) members appointed by the
Governor.
2)Alcoholic Beverage Control Appeals Board (ABCAB). ABCAB
conducts hearings on appeals of decisions of the
Department of Alcoholic Beverage Control regarding
penalty assessments and licensing issues. ABCAB is
comprised of three (3) members appointed by the Governor.
3)Board of Parole Hearings (BPH). BPH combines the Board
of Prison Terms, the Youth Authority Board and the
Narcotic Addict Evaluation Authority. BPH considers
parole release and establishes the terms and conditions
of parole for all persons sentenced in California under
the Indeterminate Sentencing Law, persons sentenced to a
term of less than life under Penal Code Section 1168 (b),
and for persons serving a sentence of life with
possibility of parole. BPH may suspend or revoke the
parole of any person under its jurisdiction who has
violated parole. BPH also determines the necessity for
rescission or postponement of parole dates for such
persons. BPH also waives parole and may discharge any
such person prior to the expiration of the statutory
maximum parole period and reports to the Governor on
applications for clemency. BPH also conducts
certification, placement, and parole revocation hearings
for mentally disordered offenders and considers requests
SB 685 (Strickland) continued
Page 3
from foreign born inmates who wish to be transferred to
their country of citizenship to serve the remainder of
their sentences. BPH is comprised of 17 members
appointed by the Governor, of which, 12 hear only adult
matters, and five hear only juvenile matters.
4)California Gambling Control Commission (CGCC). CGCC
provides regulatory oversight over all persons or things
having to do with the operations of gambling
establishments (cardrooms) and tribal casinos, pursuant
to the terms of Tribal-State Gaming Compacts (compacts).
CGCC is responsible for setting policy, promulgating
regulations, conducting audits, making determinations of
suitability for gaming employees and other individuals
and entities, issuing licenses, acting as the
administrator of gaming revenues deposited into the
Indian Gaming Special Distribution Fund (SDF) and the
trustee over the revenues deposited into the Indian
Gaming Revenue Sharing Trust Fund (RSTF), and
administering the provisions of the Gambling Control Act
and the Tribal-State Gaming Compacts. CGCC is comprised
of five (5) members appointed by the Governor. CGCC
members are prohibited from engaging in any other
business, vocation, or employment during their terms of
office.
5)California Integrated Waste Management Board (CIWMB).
CIWMB oversees solid waste facility permits prepared by
local enforcement agencies and oversees various programs
to protect public health and the environment through the
reduction, reuse, and recycling of solid waste. CIWMB is
comprised of six (6) members, four (4) appointed by the
Governor and one each from the Senate Rules Committee and
Speaker of the Assembly.
6)California Medical Assistance Commission (CMAC). CMAC is
responsible for negotiating contracts with managed care
plans and hospitals for the Medicaid program in
California (MediCal). CMAC is comprised of seven (7)
members, three (3) appointed by the Governor, two (2) by
the Senate President Pro Tempore and two (2) by the
Speaker of the Assembly.
7)California Unemployment Insurance Appeals Board (UIAB).
UIAB conducts hearings on appeals of unemployment and
disability benefit claims. UIAB also holds hearings on
petitions from taxpayers concerning tax assessments made
SB 685 (Strickland) continued
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by the Employment Development Department. UIAB is
comprised of seven (7) members, five (5) appointed by the
Governor and one each from the Senate Rules Committee and
Speaker of the Assembly.
8)Public Employment Relations Board (PERB). PERB is a
quasi-judicial agency that administers the collective
bargaining statutes related to California's public
schools (K-12) and community colleges; state government
employees; California State University System; University
of California System; Hastings College of Law; California
municipal, county, and local special district employers
and employees; and the Los Angeles County Metropolitan
Transportation Authority Transit employees. PERB is
comprised of five (5) members appointed by the Governor.
9)California Air Resources Board (ARB). ARB sets and
enforces emission standards for motor vehicles, fuels,
and consumer products; sets air quality standards;
identifies and sets control measures for toxic air
contaminants; oversees and assists local air quality
districts that regulate most non-vehicular sources of air
pollution. ARB is comprised of 11 members appointed by
the Governor.
10)State Personnel Board (SPB). SPB is responsible for
ensuring that the state's civil service system is free
from political patronage and that employment decisions
are based on merit. SPB is comprised of five (5) members
appointed by the Governor.
11)California Water Resources Control Board (WRCB). WRCB
is charged with ensuring the highest reasonable quality
water and achieving a balance of beneficial uses by
regulating sources of water pollution, the diversion and
storage of water, and the administration of grant and
loan programs for the cleanup or prevention of water
pollution. WRCB is comprised of five (5) members
appointed by the Governor.
12)Workers' Compensation Appeals Board (WCAB). WCAB
exercises judicial powers in the review of petitions for
reconsideration of decisions, findings, orders, or awards
by workers' compensation administrative law judges of the
Department of Industrial Relations. WCAB is comprised of
seven (7) members appointed by the Governor. Five (5)
must be attorneys admitted to practice in California.
SB 685 (Strickland) continued
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PRIOR/RELATED LEGISLATION
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.
SUPPORT: As of April 24, 2009:
Area Agency on Aging
City of Carpinteria
Contra Costa Taxpayers Association
National Tax-Limitation Committee
People's Advocate, Inc.
Santa Barbara County Taxpayers Association
Santa Barbara Technology and Industry Association
OPPOSE: As of April 24, 2009:
California Applicants' Attorneys Association
California Gambling Control Commission
FISCAL COMMITTEE: Senate Appropriations Committee
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