BILL ANALYSIS                                                                                                                                                                                                    �






                                                       Bill No:  SB 
          153
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2011-2012 Regular Session
                                 Staff Analysis


          SB 153  Author:  Strickland
          As Amended:  April 14, 2011
          Hearing Date:  April 26, 2011
          Consultant:  Art Terzakis


                                     SUBJECT  
                             State Boards: salaries

                                   DESCRIPTION
           
          SB 153 prohibits members appointed to the Agricultural 
          Labor Relations Board (ALRB), the California Unemployment 
          Insurance Appeals Board (UIAB), the Public Employment 
          Relations Board (PERB), and the State Water Resources 
          Control Board (SWRCB) from receiving a salary and 
          authorizes a member of these boards to receive a specified 
          per diem payment ($100 per day). 
                                         
                                  EXISTING LAW

           Existing law provides for the payment of salaries of 
          specified appointed members serving on various state boards 
          and allows appointed board members to receive a per diem 
          allowance of $100 per day to pay for additional expenses 
          incurred.

                                    BACKGROUND
           
           Purpose of SB 153:   The author's office notes that the 
          state is facing a record budget shortfall and the 
          Legislature is working diligently to solve this shortfall 
          by examining how the state spends tax dollars.  According 
          to the author's office, this measure is intended to 
          eliminate the salaries paid to members of the following 
          boards: the Agricultural Labor Relations Board, the 
          Unemployment Insurance Appeals Board, the Public Employment 




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          Relations Board, and the State Water Resources Control 
          Board.  The author's office contends that political 
          patronage still dominates appointments to various boards 
          and commissions and such bodies become a landing place for 
          termed-out legislators.  Additionally, certain board 
          appointments do not require that board members "show up" 
          every day for work.  The author's office believes that 
          service on a state board should be viewed as public 
          service, with members receiving compensation (per diem) for 
          their day of service and their travel expenses.   
           
          Impacted Boards and Commissions:   As noted above, SB 153 
          provides that the members appointed to the following 4 
          boards listed below shall receive no salary however they 
          would be authorized to receive a specified per diem payment 
          ($100 per day).  The extent of the impacts of this measure 
          to these boards is unclear.  Additionally, it is unclear 
          what bearing, if any, this measure would have on the 
          constituencies served by these boards and the corresponding 
          economic and societal impacts to the state.  

          1)Agricultural Labor Relations Board (ALRB) - the ALRB, 
            comprised of five (5) members appointed by the Governor, 
            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. The annual salary of ALRB members is 
            $122,190.   

          2)California Unemployment Insurance Appeals Board (UIAB) - 
            the UIAB, comprised of seven (7) members, five (5) 
            appointed by the Governor and one each from the Senate 
            Rules Committee and Speaker of the Assembly conducts 
            hearings on appeals of unemployment and disability 
            benefit claims.  UIAB also holds hearings on petitions 
            from taxpayers concerning tax assessments made by the 
            Employment Development Department.  The annual salary of 
            UIAB members is $128,109.   

          3)Public Employment Relations Board (PERB) - the PERB, 
            comprised of five (5) members appointed by the Governor, 
            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; 




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            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. 
            The annual salary of PERB members is $128,109.    

          4)State Water Resources Control Board (SWRCB) - the SWRCB, 
            comprised of five (5) members appointed by the Governor, 
            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. The annual salary of SWRCB members is 
            $128,109.  

                            PRIOR/RELATED LEGISLATION

          SB 685 (Strickland) of 2009-10 Session.    Would have 
          suspended the salaries for members of 12 specified state 
          boards and commissions for three fiscal years except that 
          they would have been allowed to receive a per diem payment. 
          (Died in this Committee)
          
           AB 556 (Strickland) of 2003-04 Session.   Would have 
          suspended the salaries for members of 14 specified state 
          boards and commissions for three fiscal years, except that 
          they would have been allowed to receive a per diem payment. 
           (Died in Assembly G.O)

           AB 2539 (Strickland), 2007-2008 Legislative Session  .  Would 
          have eliminated 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 required the board to 
          meet two or less times per month.  (Died in Assembly 
          Business and Professions Committee)

           AB 309 (Tran), 2007-2008 Legislative Session  .  Would have 
          suspended the salaries for members of 10 specified state 
          boards and commissions for three fiscal years, except that 
          they would have been allowed to receive a per diem payment. 
            (Died in Assembly Business and Professions Committee)
           
          AB 38 (Tran), 2005-2006 Legislative Session .  Would have 
          suspended the salaries for members of 12 specified state 
          boards and commissions for three fiscal years, except that 




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          they would have been allowed to receive a per diem payment. 
           (Died in Assembly Business and Professions Committee)
           
          SUPPORT:   As of April 22, 2011:

          California Dump Truck Owners Association
          Howard Jarvis Taxpayers Association

           OPPOSE:   As of April 22, 2011:

          Glendale City Employees Association
          Organization of SMUD Employees
          Professional Engineers in California Government
          San Bernardino Public Employees Association
          Santa Rosa City Employees Association

           FISCAL COMMITTEE:   Senate Appropriations Committee

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