BILL NUMBER: SB 153 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2011
INTRODUCED BY Senator Strickland
FEBRUARY 2, 2011
An act to amend Section Sections 3541 and
11564.5 of, and to add Section 11564.7 to, the Government Code,
to repeal Section 1147 of the Labor Code, to amend Section 401
of the Unemployment Insurance Code, and to amend Section 176 of the
Water Code, relating to state boards and commissions.
LEGISLATIVE COUNSEL'S DIGEST
SB 153, as amended, Strickland. State boards and
commissions : salaries : suspension.
prohibition.
Existing law provides for the payment of specified salaries to the
members of various state boards and commissions .
A member of a state board or commission may
receive a per diem salary at a specified rate, except for a member
whose salary is set pursuant to certain provisions of law
specified laws .
This bill would prohibit members appointed to specified state
boards and commissions from receiving a salary
for the 2012-13, 2013-14, and 2014-15 fiscal years. This
bill and would authorize a member of a
state board or commission who is prohibited from receiving a salary
under these provisions these state boards to
receive a specified per diem payment during those fiscal
years .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3541 of the
Government Code is amended to read:
3541. (a) There is in state government the Public Employment
Relations Board which shall be independent of any state agency and
shall consist of five members. The members of the board shall be
appointed by the Governor by and with the advice and consent of the
Senate. One of the original members shall be chosen for a term of one
year, one for a term of three years, and one for a term of five
years. The first term for the two new members of the board resulting
from the expansion of the board to five members shall be reduced by
the Governor as necessary so that the term of only one member of the
board shall expire in any given year. Thereafter, terms shall be for
a period of five years, except that any person chosen to fill a
vacancy shall be appointed only for the unexpired term of the member
whom he or she succeeds. Members of the board shall be eligible for
reappointment. The Governor shall select one member to serve as
chairperson. A member of the board may be removed by the Governor
upon notice and hearing for neglect of duty or malfeasance in office,
but for no other cause.
(b) A vacancy in the board shall not impair the right of the
remaining members to exercise all the powers of the commission, and
three members of the board shall at all times constitute a quorum.
(c) The board may delegate its powers to any group of three or
more board members. Nothing shall preclude any board member from
participating in any case pending before the board.
(d) Members of the board shall hold no other public office in the
state, and shall not receive any other compensation for services
rendered.
(e) Each member of the board shall receive the salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2. In addition to his or her salary, each
member of the board shall be reimbursed for all actual and
necessary expenses incurred by him or her in the performance of his
or her duties, subject to the rules of the Department of Personnel
Administration relative to the payment of these expenses to state
officers generally.
(f) The board shall appoint an executive director who shall be the
chief administrative officer. The executive director shall appoint
other persons that may, from time to time, be deemed necessary for
the performance of the board's administrative functions, prescribe
their duties, fix their compensation, and provide for reimbursement
of their expenses in the amounts made available therefor by
appropriation. The executive director shall be a person familiar with
employer-employee relations. The executive director shall be subject
to removal at the pleasure of the board. The Governor shall appoint
a general counsel, upon the recommendation of the board, to assist
the board in the performance of its functions under this chapter. The
general counsel shall serve at the pleasure of the board.
(g) The executive director and general counsel serving the board
on December 31, 1977, shall become employees of the Public Employment
Relations Board and shall continue to serve at the discretion of the
board. A person so employed may, independently of the Attorney
General, represent the board in any litigation or other matter
pending in a court of law to which the board is a party or in which
it is otherwise interested.
(h) The Governor shall appoint one legal adviser for each member
of the board upon the recommendation of that board member. Each
appointee shall serve at the pleasure of the recommending board
member and shall receive a salary as shall be fixed by the board with
the approval of the Department of Personnel Administration.
(i) Attorneys serving the board on May 19, 1978, shall not be
appointed as legal advisers to board members pursuant to subdivision
(h) until the time that they have attained permanent civil service
status.
(j) Notwithstanding subdivision (a), the member of the board
appointed by the Governor for the term beginning on January 1, 1991,
shall not be subject to the advice and consent of the Senate.
SECTION 1. SEC. 2. Section 11564.5
of the Government Code is amended to read:
11564.5. (a) Notwithstanding any other law, whenever a member of
a board, commission, committee, or similarly constituted body created
by executive order or statute, is authorized to receive a per diem
salary or allowance in excess of expenses incurred by the member,
that rate shall be established at one hundred dollars ($100) per day
unless a higher rate is provided by statute.
(b) Except as provided in Section 11564.7, this section shall not
apply to those boards or commissions provided an annual salary in
this chapter, nor to the board specified in Section 1150 of the
Harbors and Navigation Code.
SEC. 2. SEC. 3. Section 11564.7 is
added to the Government Code, to read:
11564.7. (a) Notwithstanding any other law, members appointed to
the following entities shall receive no salary for the
2012-13, 2013-14, and 2014-15 fiscal years:
(1) The Agricultural Labor Relations Board.
(2) The Alcoholic Beverage Control Appeals Board.
(3) The California Gambling Control Commission.
(4) The California Medical Assistance Commission.
(5) The California Unemployment Insurance Appeals Board.
(6) The Occupational Safety and Health Appeals Board.
(7) The Public Employment Relations Board.
(8) The State Air Resources Board.
(9) The State Personnel Board.
(10) The State Water Resources Control Board.
(11) The Workers'
Compensation Appeals Board. salary:
(1) The Agricultural Labor Relations Board.
(2) The California Unemployment Insurance Appeals Board.
(3) The Public Employment Relations Board.
(4) The State Water Resources Control Board.
(b) An individual described in this section may receive a per diem
payment determined pursuant to Section 11564.5 for the period
described in subdivision (a).
(c) This section shall not apply to employees of the entities
described in paragraphs (1) to (11), inclusive, of subdivision (a).
SEC. 4. Section 1147 of the Labor Code
is repealed.
1147. Each member of the board shall receive the salary provided
for by Chapter 6 (commencing with Section 11550) of Part 1 of
Division 3 of Title 2 of the Government Code.
SEC. 5. Section 401 of the Unemployment
Insurance Code is amended to read:
401. There is in the department an Appeals Division consisting of
the California Unemployment Insurance Appeals Board and its
employees. The appeals board consists of seven members. Five 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 Rules Committee. Two
of the members of the appeals board shall be attorneys at law
admitted to practice in the State of California. The other members
need not be attorneys. Each member of the board shall devote his full
time to the performance of his duties. The chairman and
each member of the board shall receive the annual salary 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 chairman of the appeals board from the membership of
the appeals board. The person so designated shall hold the office of
chairman at the pleasure of the Governor. The chairman shall
designate a member of the appeals board to act as chairman in his
absence.
SEC. 6. Section 176 of the Water Code
is amended to read:
176. The annual salary of the members of the board is
provided for by Chapter 6 (commencing at Section 11550) of Part 1 of
Division 3 of Title 2 of the Government Code. Each member
of the board shall receive the necessary traveling and other expenses
incurred by him in the performance of his official duties out of
appropriations made for the support of the board. When necessary the
members of the board may travel within or without the State
state .