Bill Text: CA AB2329 | 2017-2018 | Regular Session | Enrolled


Bill Title: Special districts: board of directors: compensation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Enrolled) 2018-08-09 - Enrolled and presented to the Governor at 11:30 a.m. [AB2329 Detail]

Download: California-2017-AB2329-Enrolled.html

Enrolled  August 07, 2018
Passed  IN  Senate  July 05, 2018
Passed  IN  Assembly  August 06, 2018
Amended  IN  Senate  June 27, 2018
Amended  IN  Assembly  May 14, 2018
Amended  IN  Assembly  April 09, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2329


Introduced by Assembly Member Obernolte

February 13, 2018


An act to amend Sections 9031, 13857, and 32103 of the Health and Safety Code, to amend Sections 5536 and 5784.15 of the Public Resources Code, and to amend Section 22407 of the Public Utilities Code, relating to special districts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2329, Obernolte. Special districts: board of directors: compensation.
(1) Existing law authorizes the board of trustees of a public cemetery district to approve an ordinance or resolution to compensate its members no more than $100 to attend a board meeting, for no more than 4 meetings per month, and authorizes a public cemetery district board of trustees to increase that compensation by no more than 5% annually.
This bill would authorize a public cemetery district board of trustees to compensate its members for no more than 6 meetings in a calendar month. The bill would require the board of trustees, commencing January 1, 2019, if the district compensates its members for more than 4 meetings in a calendar month, to annually adopt a written policy describing, based on a finding supported by substantial evidence, why more than 4 meetings per calendar month are necessary for the effective operation of the district.
(2) Under the Fire Protection District Law of 1987, each member of the board of directors of a fire protection district may receive compensation in an amount set by the board not to exceed $100 for attending each meeting of the board, not to exceed 4 meetings in any calendar month.
This bill would authorize a fire protection district board of directors to compensate its members for no more than 6 meetings in any calendar month. The bill would require the board of directors, commencing January 1, 2019, if the district compensates its members for more than 4 meetings in a calendar month, to annually adopt a written policy describing, based on a finding supported by substantial evidence, why more than 4 meetings per calendar month are necessary for the effective operation of the district.
(3) Existing law authorizes the board of directors of a hospital district to approve a resolution to compensate its members no more than $100 to attend a board meeting for no more than 5 meetings per month.
This bill would authorize a hospital district board of directors to compensate its members for no more than 6 meetings in a calendar month and to increase that compensation by no more than 5% annually. The bill would require the board of directors, commencing January 1, 2019, if the district compensates its members for more than 5 meetings in a calendar month, to annually adopt a written policy describing, based on a finding supported by substantial evidence, why more than 5 meetings per calendar month are necessary for the effective operation of the district.
(4) Existing law authorizes the board of directors of a regional park district, regional park and open-space district, or regional open-space district to provide, by ordinance or resolution, that each of its members may receive an amount not to exceed $100 per day for each attendance at a meeting of the board, and prohibits board members from receiving any other compensation for meetings, or from receiving more than $500 compensation in any one calendar month.
This bill would provide that board members shall not receive compensation for more than 6 meetings of the board in a calendar month and would authorize the board of directors, by specified ordinance, to increase the amount of compensation received for attending meetings of the board. The bill would require the board of directors, commencing January 1, 2019, if the district compensates its members for more than 5 meetings in a calendar month, to annually adopt a written policy describing, based on a finding supported by substantial evidence, why more than 5 meetings per calendar month are necessary for the effective operation of the district.
(5) Existing law, the Recreation and Park District Law, provides that each member of the board of directors of a recreation and park district may receive compensation in an amount not to exceed $100 for attending each meeting of the board, and requires the maximum compensation in any calendar month to be $500.
This bill would provide that board members shall not receive compensation for more than 6 meetings of the board in a calendar month. The bill would require the board of directors, commencing January 1, 2019, if the district compensates its members for more than 5 meetings in a calendar month, to annually adopt a written policy describing, based on a finding supported by substantial evidence, why more than 5 meetings per calendar month are necessary for the effective operation of the district.
(6) Existing law requires each member of the board of directors of an airport district to receive compensation in an amount not to exceed $100 for each attendance at the meeting of the board held within the district, which amount is fixed by the board. Existing law prohibits a director from receiving pay for more than 4 meetings in any calendar month.
This bill would authorize an airport district board of directors to compensate its members for no more than 6 meetings in a calendar month and to increase that compensation by no more than 5% annually. The bill would require the board of directors, commencing January 1, 2019, if the district compensates its members for more than 4 meetings in a calendar month, to annually adopt a written policy describing, based on a finding supported by substantial evidence, why more than 4 meetings per calendar month are necessary for the effective operation of the district.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 9031 of the Health and Safety Code is amended to read:

9031.
 (a) The board of trustees may provide, by ordinance or resolution, that each of its members may receive compensation in an amount not to exceed one hundred dollars ($100) for attending each meeting of the board. A member of the board of trustees shall not receive compensation for more than six meetings of the board in a calendar month. Commencing January 1, 2019, if the district compensates its members for more than four meetings in a calendar month, the board of trustees shall annually adopt a written policy describing, based on a finding supported by substantial evidence, why more than four meetings per calendar month are necessary for the effective operation of the district.
(b) The board of trustees, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the amount of compensation received for attending meetings of the board.
(c) In addition, members of the board of trustees may receive their actual and necessary traveling and incidental expenses incurred while on official business other than a meeting of the board.
(d) A member of the board of trustees may waive any or all of the payments permitted by this section.
(e) For the purposes of this section, a meeting of the board of trustees includes, but is not limited to, regular meetings, special meetings, closed sessions, emergency meetings, board field trips, district public hearings, or meetings of a committee of the board.
(f) For purposes of this section, the determination of whether a trustee’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
(g) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code.

SEC. 2.

 Section 13857 of the Health and Safety Code is amended to read:

13857.
 (a) Subject to subdivision (b), each member of the district board may receive compensation in an amount set by the district board not to exceed one hundred dollars ($100) for attending each meeting of the district board. The number of meetings for which a member of the board of directors may receive compensation shall not exceed six meetings in any calendar month. Commencing January 1, 2019, if the district compensates its members for more than four meetings in a calendar month, the district board shall annually adopt a written policy describing, based on a finding supported by substantial evidence, why more than four meetings per month are necessary for the effective operation of the district.
(b) The district board, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the compensation received by the district board members above the amount prescribed by subdivision (a).
(c) For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.

SEC. 3.

 Section 32103 of the Health and Safety Code is amended to read:

32103.
 (a) The board of directors shall serve without compensation except that the board of directors, by a resolution adopted by a majority vote of the members of the board, may authorize the payment of not to exceed one hundred dollars ($100) per meeting not to exceed six meetings a calendar month as compensation to each member of the board of directors. Commencing January 1, 2019, if the district compensates its members for more than five meetings in a calendar month, the board of directors shall annually adopt a written policy describing, based on a finding supported by substantial evidence, why more than five meetings per month are necessary for the effective operation of the district.
(b) The board of directors, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the amount of compensation received for attending meetings of the board by no more than 5 percent annually.
(c) Each member of the board of directors shall be allowed his or her actual necessary traveling and incidental expenses incurred in the performance of official business of the district as approved by the board. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code.

SEC. 4.

 Section 5536 of the Public Resources Code is amended to read:

5536.
 (a) The board shall establish rules for its proceedings.
(b) The board may provide, by ordinance or resolution, that each of its members may receive an amount not to exceed one hundred dollars ($100) per day for each attendance at a meeting of the board. For purposes of this section, a meeting of the board includes, but is not limited to, closed sessions of the board, board field trips, district public hearings, or meetings of a committee of the board. The maximum compensation allowable to a board member on any given day shall be one hundred dollars ($100). Board members shall not receive compensation for more than six meetings of the board in a calendar month, except that board members of the East Bay Regional Park District may receive compensation for not more than 10 days in any one calendar month. A board member may elect to waive the per diem. In addition, the board may provide, by ordinance or resolution, that each of its members not otherwise eligible for an employer-paid or partially employer-paid group medical or group dental plan, or both, may participate in any of those plans available to permanent employees of the district on the same terms available to those district employees or on terms and conditions as the board may determine. A board member who elects to participate in any plan may also elect to have the premium for the plan charged against his or her per diem and may further elect to waive the balance of the per diem. Commencing January 1, 2019, if the district compensates its members for more than five meetings in a calendar month, the board shall annually adopt a written policy describing, based on a finding supported by substantial evidence, why more than five meetings per month are necessary for the effective operation of the district.
(c) The board of directors, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the amount of compensation received for attending meetings of the board.
(d) All vacancies on the board shall be filled in accordance with the requirements of Section 1780 of the Government Code, except that, in the case of vacancies caused by the creation of new wards or subdistricts, the directors shall, prior to the vacancies being filled, determine by lot, for the purpose of fixing the terms of the first directors to be elected to the wards or subdistricts, which ward or subdistrict shall have a four-year term and which ward or subdistrict shall have a two-year term. The persons who fill the vacancies caused by the establishment of new wards or subdistricts shall hold office until the next general election and until their successors are elected and qualified for the terms previously determined by lot.
(e) For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.

SEC. 5.

 Section 5784.15 of the Public Resources Code is amended to read:

5784.15.
 (a) The board of directors may provide, by ordinance or resolution, that each of its members may receive compensation in an amount not to exceed one hundred dollars ($100) for attending each meeting of the board. The board of directors, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the amount of compensation received for attending meetings of the board.
(b) Board members shall not receive compensation for more than six meetings of the board in a calendar month. The board of directors shall, commencing January 1, 2019, if the district compensates its members for more than five meetings in a calendar month, annually adopt a written policy, based on a finding supported by substantial evidence, why more than five meetings per month are necessary for the effective operation of the district.
(c) In addition, members of the board of directors may receive their actual and necessary traveling and incidental expenses incurred while on official business.
(d) A member of the board of directors may waive the compensation.
(e) For the purposes of this section, a meeting of the board of directors includes, but is not limited to, regular meetings, special meetings, closed sessions, emergency meetings, board field trips, district public hearings, or meetings of a committee of the board.
(f) For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
(g) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code.

SEC. 6.

 Section 22407 of the Public Utilities Code is amended to read:

22407.
 (a) Each member of the board of directors shall receive compensation in an amount not to exceed one hundred dollars ($100) for each attendance at the meeting of the board held within the district, which amount shall be fixed from time to time by the board. A director shall not receive pay for more than six meetings in any calendar month. The board of directors shall, commencing January 1, 2019, if the district compensates its members for more than four meetings per calendar month, adopt a written policy, based on a finding supported by substantial evidence, why more than four meetings per month are necessary for the effective operation of the district. The board of directors, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the amount of compensation received for attending meetings of the board by no more than 5 percent annually.
(b) Each director shall be allowed, with the approval of the board, all traveling and other expenses necessarily incurred by the member in the performance of the member’s duties. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code.

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