AB 2329: Special districts: board of directors: compensation.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-08-20
(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.
(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.
(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)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.(3)(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.
(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.
(2)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.
(3)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.
(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.
(4)(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 the maximum compensation for a member of a board of directors for a recreation and park district in any calendar month is $600. board members shall not receive compensation for more than 6 meetings of the board in a calendar month.
(5)(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.
(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.
(2)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.
(3)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.
(4)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 the maximum compensation for a member of a board of directors for a recreation and park district in any calendar month is $600.
(5)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.
Existing law establishes the In-Home Supportive Services program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes. Existing law specifies that providers of in-home supportive services and waiver personal care services have bimonthly payroll periods.This bill would instead specify that a payroll period means 2 workweeks. The bill would make other technical, nonsubtantive changes.Existing law establishes the In-Home Supportive Services program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes. Existing law specifies that providers of in-home supportive services and waiver personal care services have bimonthly payroll periods.
This bill would instead specify that a payroll period means 2 workweeks. The bill would make other technical, nonsubtantive changes.
(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 trustees 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 directors 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 directors 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 directors 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 directors 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 members duties. For purposes of this section, the determination of whether a directors 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.
(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 trustees 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 directors 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 directors 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 directors 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 directors 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 members duties. For purposes of this section, the determination of whether a directors 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.
(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 trustees 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 directors 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 directors 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 directors 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 directors 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 members duties. For purposes of this section, the determination of whether a directors 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.
(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.
(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 trustees 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.
(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 directors 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 calender calendar month as compensation to each member of the board of directors.
(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 directors 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 any other compensation for meetings, and no board member shall receive more than five hundred dollars ($500) compensation under this section in any one calendar month, 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.
(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.
(c)(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.
(d)(e)For purposes of this section, the determination of whether a directors 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. 4. 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)The maximum compensation in any calendar month shall be six hundred dollars ($600).(b)Board members shall not receive compensation for more than six meetings of the board in a calendar month.
(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 directors 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. 5. 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, 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 members duties. For purposes of this section, the determination of whether a directors 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.
(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 four six meetings of the board in a calendar month.
(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 trustees 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 four six meetings in any calendar month.
(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 directors 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 five six meetings a calender month as compensation to each member of the board of directors.
(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.
Each(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 directors 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 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)The maximum compensation in any calendar month shall be five hundred dollars ($500). six hundred dollars ($600).
(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 directors 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. 5.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. No director, however, shall A director shall not receive pay for more than four six meetings in any calendar month. 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.
Each(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 members duties. For purposes of this section, the determination of whether a directors 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.
SECTION 1.Section 12300.4 of the Welfare and Institutions Code is amended to read:12300.4.(a)Notwithstanding any other law, including, but not limited to, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code, a recipient who is authorized to receive in-home supportive services pursuant to this article, or Section 14132.95, 14132.952, or 14132.956, administered by the State Department of Social Services, or waiver personal care services pursuant to Section 14132.97, administered by the State Department of Health Care Services, or any combination of these services, shall direct these authorized services, and the authorized services shall be performed by a provider or providers within a workweek and in a manner that complies with the requirements of this section.(b)(1)(A)A workweek is defined as beginning at 12:00 a.m. on Sunday and includes the next consecutive 168 hours, terminating at 11:59 p.m. the following Saturday.(B)For purposes of this article, and notwithstanding any other law, payroll period means two workweeks.(2)A provider of services specified in subdivision (a) shall not work a total number of hours within a workweek that exceeds 66, as reduced by the net percentage defined by Sections 12301.02 and 12301.03, as applicable, and in accordance with subdivision (d). The total number of hours worked within a workweek by a provider is defined as the sum of the following:(A)All hours worked providing authorized services specified in subdivision (a).(B)Travel time, as defined in subdivision (f), only if federal financial participation is not available to compensate for that travel time. If federal financial participation is available for travel time as defined in subdivision (f), the travel time shall not be included in the calculation of the total weekly hours worked within a workweek.(3)(A)If the authorized in-home supportive services of a recipient cannot be provided by a single provider as a result of the limitation specified in paragraph (2), it is the responsibility of the recipient to employ an additional provider or providers, as needed, to ensure his or her authorized services are provided within his or her total weekly authorized hours of services established pursuant to subdivision (b) of Section 12301.1.(B)(i)It is the intent of the Legislature that this section not result in reduced services authorized to recipients of waiver personal care services defined in subdivision (a).(ii)The State Department of Health Care Services shall work with and assist recipients receiving services pursuant to the Nursing Facility/Acute Hospital Waiver or the In-Home Operations Waiver, or their successors, who are at or near their individual cost cap, as that term is used in the waivers, to avoid a reduction in the recipients services that may result because of increased overtime pay for providers. As part of this effort, the department shall consider allowing the recipient to exceed the individual cost cap, if appropriate, and authorize exemptions as set forth in subdivision (e) of Section 14132.99. The department shall provide timely information to waiver recipients as to the steps that will be taken to implement this clause.(4)(A)A provider shall inform each of his or her recipients of the number of hours that the provider is available to work for that recipient, in accordance with this section.(B)A recipient, his or her authorized representative, or any other entity, shall not authorize any provider to work hours that exceed the applicable limitation or limitations of this section.(C)A recipient may authorize a provider to work hours in excess of the recipients weekly authorized hours established pursuant to Section 12301.1 without notification of the county welfare department, in accordance with both of the following:(i)The authorization does not result in more than 40 hours of authorized services per week being provided.(ii)The authorization does not exceed the recipients authorized hours of monthly services pursuant to paragraph (1) of subdivision (b) of Section 12301.1.(5)For providers of in-home supportive services, the State Department of Social Services or a county may terminate the provider from providing services under the IHSS program if a provider continues to violate the limitations of this section on multiple occasions.(c)Notwithstanding any other law, only federal law and regulations regarding overtime compensation apply to providers of services defined in subdivision (a).(d)A provider of services defined in subdivision (a) is subject to all of the following, as applicable to his or her situation:(1)(A)A provider who works for one individual recipient of those services shall not work a total number of hours within a workweek that exceeds 66 hours, as reduced by the net percentage defined by Sections 12301.02 and 12301.03, as applicable. In no circumstance shall the provision of these services by that provider to the individual recipient exceed the total weekly hours of the services authorized to that recipient, except as additionally authorized pursuant to subparagraph (C) of paragraph (4) of subdivision (b). If multiple providers serve the same recipient, it shall continue to be the responsibility of that recipient or his or her authorized representative to schedule the work of his or her providers to ensure the authorized services of the recipient are provided in accordance with this section.(B)When a recipients weekly authorized hours are adjusted pursuant to subparagraph (C) of paragraph (1) of subdivision (b) of Section 12301.1 and exceed 66 hours, as reduced by the net percentage defined by Sections 12301.02 and 12301.03, as applicable, and at the time of adjustment the recipient currently receives all authorized hours of service from one provider, that provider shall be deemed authorized to work the recipients county-approved adjusted hours for that week, but only if the additional hours of work, based on the adjustment, do not exceed the total number of hours worked that are compensable at an overtime pay rate that the provider would have been authorized to work in that month if the weekly hours had not been adjusted.(2)A provider of in-home supportive services described in subdivision (a) who serves multiple recipients is not authorized to, and shall not, work more than 66 total hours in a workweek, as reduced by the net percentage defined by Sections 12301.02 and 12301.03, as applicable, regardless of the number of recipients for whom the provider provides services authorized by subdivision (a). Providers are subject to the limits of each recipients total authorized weekly hours of in-home supportive services described in subdivision (a), except as additionally authorized pursuant to subparagraph (C) of paragraph (4) of subdivision (b).(3)Notwithstanding paragraph (2), the 66-hour workweek limit described in subdivision (b) does not apply to a provider of in-home supportive services described in subdivision (a), and a recipient of those services may receive those services from a requested provider, if the provider has an approved exemption as set forth in subparagraph (A) or (B). A provider who has an approved exemption pursuant to subparagraph (A) or (B) shall not work a total number of hours in excess of 360 hours per month combined for the recipients of in-home supportive services served by that provider and may not exceed any recipients monthly authorized hours.(A)A provider is eligible for an exemption if he or she met all of the following on or before January 31, 2016:(i)He or she provided services to two or more recipients of in-home supportive services described in subdivision (a).(ii)He or she lived in the same home as all of the recipients for whom he or she provided services.(iii)He or she is related, biologically, by adoption, or as a foster caregiver, legal guardian, or conservator, to all of the recipients for whom he or she provides services as the recipients parent, stepparent, foster or adoptive parent, grandparent, legal guardian, or conservator.(B)A provider is eligible for an exemption if he or she provides services to two or more recipients of in-home supportive services described in subdivision (a), if each recipient for whom the provider provides services has at least one of the following circumstances that puts the recipient at serious risk of placement in out-of-home care if the services could not be provided by that provider:(i)He or she has complex medical or behavioral needs that must be met by a provider who lives in the same home as the recipient.(ii)He or she lives in a rural or remote area where available providers are limited, and, as a result, the recipient is unable to hire another provider.(iii)He or she is unable to hire another provider who speaks the same language as the recipient, resulting in the recipient being unable to direct his or her own care.(C)At the time of assessment or reassessment, the county shall evaluate each recipient to determine if the recipients circumstances appear to indicate that the provider for that recipient may be eligible for an exemption described in subparagraph (A) or (B). The county shall then inform those recipients about the potentially applicable exemptions and the process by which they or their provider may apply for the exemption.(D)On a one-time basis upon implementation of this paragraph, the department shall mail an informational notice and an exemption request form to all providers of multiple recipients who may be eligible for an exemption pursuant to subparagraph (B) and to the recipients to whom those providers provide services.(E)(i)The county shall review the requests for consideration for an exemption described in subparagraph (B) pursuant to a process developed by the department with input from counties and stakeholders. The county shall consider whether the denial of an exemption would place a recipient or recipients at serious risk of placement in out-of-home care due to any of the circumstances described in clauses (i) to (iii), inclusive, of subparagraph (B).(ii)Within 30 days of receiving an application for an exemption described in subparagraph (B) from a provider or from a recipient on behalf of a provider, the county shall mail a written notification letter to the provider and the recipients for whom the provider provides services of its approval or denial of the exemption. If the county denies the exemption, the county shall also explain in the notification letter the reason for the denial and information about the process to request a review by the department, independent of the countys decision. The county shall use a standardized notification letter, developed by the department in consultation with stakeholders, for purposes of providing the notification letter that is required by this clause.(iii)(I)A provider whose exemption under subparagraph (B) has been denied, or a recipient on behalf of his or her provider whose exemption under subparagraph (B) has been denied, may request a review by the department, independent of the countys decision.(II)The department shall develop the review process with input from stakeholders. At a minimum, the review process shall ensure that it provides the provider or the recipient, or his or her authorized representative, with the opportunity to speak with, and provide written information to, staff of the department conducting the review about how the recipient meets the criteria described in subparagraph (B) and how any alternative services proposed by the county would place the recipient at serious risk of placement in out-of-home care.(III)The department shall consider the information provided by the provider or the recipient, or his or her authorized representative, and the information provided by the county in reaching its decision.(IV)The department shall mail its written decision within 20 days of the date the provider or the recipient is scheduled to speak with the staff of the department conducting the review, unless the provider or the recipient has requested additional time to submit information and the department has granted that request. The written decision shall inform the provider and the recipients for whom the provider provides services if the exemption is granted or denied. If the department denies the exemption, the department shall also explain in the written decision the reason for the denial.(iv)The county shall record the number of requests for exemptions that are received from providers or recipients on the providers behalf and the number of requests approved or denied, and shall submit these numbers to the department. The department shall record the number of requests for the review by the department that are received from providers or recipients and the number of exemptions that are approved or denied through the review process. The numbers by the county and the department shall be posted no later than every three months on the departments Internet Web site.(e)Recipients and providers shall be informed of the limitations and requirements contained in this section, through notices at intervals and on forms as determined by the State Department of Social Services or the State Department of Health Care Services, as applicable, following consultation with stakeholders.(f)(1)A provider of services described in subdivision (a) shall not engage in travel time in excess of seven hours per week. For purposes of this subdivision, travel time means time spent traveling directly from a location where authorized services specified in subdivision (a) are provided to one recipient to another location where authorized services are to be provided to another recipient. A provider shall coordinate hours of work with his or her recipients to comply with this section.(2)The hourly wage to compensate a provider for travel time described in this subdivision when the travel is between two counties shall be the hourly wage of the destination county.(3)Travel time, and compensation for that travel time, between a recipient of authorized in-home supportive services specified in subdivision (a) and a recipient of authorized waiver personal care services specified in subdivision (a) shall be attributed to the program authorizing services for the recipient to whom the provider is traveling.(4)Hours spent by a provider while engaged in travel time shall not be deducted from the authorized hours of service of any recipient of services specified in subdivision (a).(5)The State Department of Social Services and the State Department of Health Care Services shall issue guidance and processes for travel time between recipients that will assist the provider and recipient to comply with this subdivision. Each county shall provide technical assistance to providers and recipients, as necessary, to implement this subdivision.(g)A provider of authorized in-home supportive services specified in subdivision (a) shall timely submit, deliver, or mail, verified by postmark or request for delivery, a signed payroll timesheet within two weeks after the end of each payroll period. Notwithstanding any other law, a provider who submits an untimely payroll timesheet for providing authorized in-home supportive services specified in subdivision (a) shall be paid by the state within 30 days of the receipt of the signed payroll timesheet.(h)This section does not apply to a contract entered into pursuant to Section 12302 for authorized in-home supportive services. Contract rates negotiated pursuant to Section 12302 shall be based on costs consistent with a 40-hour workweek.(i)The state and counties are immune from any liability resulting from implementation of this section.(j)Any action authorized under this section that is implemented in a program authorized pursuant to Section 14132.95, 14132.956, or 14132.97 shall be compliant with federal Medicaid requirements, as determined by the State Department of Health Care Services.(k)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters or similar instructions, without taking any regulatory action.(l)(1)This section shall become operative only when the regulatory amendments made by RIN 1235-AA05 to Part 552 of Title 29 of the Code of Federal Regulations are deemed effective, either on the date specified in RIN 1235-AA05 or at a later date specified by the United States Department of Labor, whichever is later.(2)If the regulatory amendments described in paragraph (1) become only partially effective by the date specified in paragraph (1), this section shall become operative only for those persons for whom federal financial participation is available as of that date.(a)Notwithstanding any other law, including, but not limited to, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code and Title 23 (commencing with Section 110000) of the Government Code, a recipient who is authorized to receive in-home supportive services pursuant to this article, or Section 14132.95, 14132.952, or 14132.956, administered by the State Department of Social Services, or waiver personal care services pursuant to Section 14132.97, administered by the State Department of Health Care Services, or any combination of these services, shall direct these authorized services, and the authorized services shall be performed by a provider or providers within a workweek and in a manner that complies with the requirements of this section.
(b)(1)(A)A workweek is defined as beginning at 12:00 a.m. on Sunday and includes the next consecutive 168 hours, terminating at 11:59 p.m. the following Saturday.
(B)For purposes of this article, and notwithstanding any other law, payroll period means two workweeks.
(2)A provider of services specified in subdivision (a) shall not work a total number of hours within a workweek that exceeds 66, as reduced by the net percentage defined by Sections 12301.02 and 12301.03, as applicable, and in accordance with subdivision (d). The total number of hours worked within a workweek by a provider is defined as the sum of the following:
(A)All hours worked providing authorized services specified in subdivision (a).
(B)Travel time time, as defined in subdivision (f), only if federal financial participation is not available to compensate for that travel time. If federal financial participation is available for travel time as defined in subdivision (f), the travel time shall not be included in the calculation of the total weekly hours worked within a workweek.
(3)(A)If the authorized in-home supportive services of a recipient cannot be provided by a single provider as a result of the limitation specified in paragraph (2), it is the responsibility of the recipient to employ an additional provider or providers, as needed, to ensure his or her authorized services are provided within his or her total weekly authorized hours of services established pursuant to subdivision (b) of Section 12301.1.
(B)(i)It is the intent of the Legislature that this section not result in reduced services authorized to recipients of waiver personal care services defined in subdivision (a).
(ii)The State Department of Health Care Services shall work with and assist recipients receiving services pursuant to the Nursing Facility/Acute Hospital Waiver or the In-Home Operations Waiver, or their successors, who are at or near their individual cost cap, as that term is used in the waivers, to avoid a reduction in the recipients services that may result because of increased overtime pay for providers. As part of this effort, the department shall consider allowing the recipient to exceed the individual cost cap, if appropriate, and authorize exemptions as set forth in subdivision (e) of Section 14132.99. The department shall provide timely information to waiver recipients as to the steps that will be taken to implement this clause.
(4)(A)A provider shall inform each of his or her recipients of the number of hours that the provider is available to work for that recipient, in accordance with this section.
(B)A recipient, his or her authorized representative, or any other entity, including any person or entity providing services pursuant to Section 14186.35, shall not authorize any provider to work hours that exceed the applicable limitation or limitations of this section.
(C)A recipient may authorize a provider to work hours in excess of the recipients weekly authorized hours established pursuant to Section 12301.1 without notification of the county welfare department, in accordance with both of the following:
(i)The authorization does not result in more than 40 hours of authorized services per week being provided.
(ii)The authorization does not exceed the recipients authorized hours of monthly services pursuant to paragraph (1) of subdivision (b) of Section 12301.1.
(5)For providers of in-home supportive services, the State Department of Social Services or a county may terminate the provider from providing services under the IHSS program if a provider continues to violate the limitations of this section on multiple occasions.
(c)Notwithstanding any other law, only federal law and regulations regarding overtime compensation apply to providers of services defined in subdivision (a).
(d)A provider of services defined in subdivision (a) is subject to all of the following, as applicable to his or her situation:
(1)(A)A provider who works for one individual recipient of those services shall not work a total number of hours within a workweek that exceeds 66 hours, as reduced by the net percentage defined by Sections 12301.02 and 12301.03, as applicable. In no circumstance shall the provision of these services by that provider to the individual recipient exceed the total weekly hours of the services authorized to that recipient, except as additionally authorized pursuant to subparagraph (C) of paragraph (4) of subdivision (b). If multiple providers serve the same recipient, it shall continue to be the responsibility of that recipient or his or her authorized representative to schedule the work of his or her providers to ensure the authorized services of the recipient are provided in accordance with this section.
(B)When a recipients weekly authorized hours are adjusted pursuant to subparagraph (C) of paragraph (1) of subdivision (b) of Section 12301.1 and exceed 66 hours, as reduced by the net percentage defined by Sections 12301.02 and 12301.03, as applicable, and at the time of adjustment the recipient currently receives all authorized hours of service from one provider, that provider shall be deemed authorized to work the recipients county-approved adjusted hours for that week, but only if the additional hours of work, based on the adjustment, do not exceed the total number of hours worked that are compensable at an overtime pay rate that the provider would have been authorized to work in that month if the weekly hours had not been adjusted.
(2)A provider of in-home supportive services described in subdivision (a) who serves multiple recipients is not authorized to, and shall not, work more than 66 total hours in a workweek, as reduced by the net percentage defined by Sections 12301.02 and 12301.03, as applicable, regardless of the number of recipients for whom the provider provides services authorized by subdivision (a). Providers are subject to the limits of each recipients total authorized weekly hours of in-home supportive services described in subdivision (a), except as additionally authorized pursuant to subparagraph (C) of paragraph (4) of subdivision (b).
(3)Notwithstanding paragraph (2), the 66-hour workweek limit described in subdivision (b) does not apply to a provider of in-home supportive services described in subdivision (a), and a recipient of those services may receive those services from a requested provider, if the provider has an approved exemption as set forth in subparagraph (A) or (B). A provider who has an approved exemption pursuant to subparagraph (A) or (B) shall not work a total number of hours in excess of 360 hours per month combined for the recipients of in-home supportive services served by that provider and may not exceed any recipients monthly authorized hours.
(A)A provider is eligible for an exemption if he or she met all of the following on or before January 31, 2016:
(i)He or she provided services to two or more recipients of in-home supportive services described in subdivision (a).
(ii)He or she lived in the same home as all of the recipients for whom he or she provided services.
(iii)He or she is related, biologically, by adoption, or as a foster caregiver, legal guardian, or conservator, to all of the recipients for whom he or she provides services as the recipients parent, stepparent, foster or adoptive parent, grandparent, legal guardian, or conservator.
(B)A provider is eligible for an exemption if he or she provides services to two or more recipients of in-home supportive services described in subdivision (a), if each recipient for whom the provider provides services has at least one of the following circumstances that puts the recipient at serious risk of placement in out-of-home care if the services could not be provided by that provider:
(i)He or she has complex medical or behavioral needs that must be met by a provider who lives in the same home as the recipient.
(ii)He or she lives in a rural or remote area where available providers are limited, and, as a result, the recipient is unable to hire another provider.
(iii)He or she is unable to hire another provider who speaks the same language as the recipient, resulting in the recipient being unable to direct his or her own care.
(C)At the time of assessment or reassessment, the county shall evaluate each recipient to determine if the recipients circumstances appear to indicate that the provider for that recipient may be eligible for an exemption described in subparagraph (A) or (B). The county shall then inform those recipients about the potentially applicable exemptions and the process by which they or their provider may apply for the exemption.
(D)On a one-time basis upon implementation of this paragraph, the department shall mail an informational notice and an exemption request form to all providers of multiple recipients who may be eligible for an exemption pursuant to subparagraph (B) and to the recipients to whom those providers provide services.
(E)(i)The county shall review the requests for consideration for an exemption described in subparagraph (B) pursuant to a process developed by the department with input from counties and stakeholders. The county shall consider whether the denial of an exemption would place a recipient or recipients at serious risk of placement in out-of-home care due to any of the circumstances described in clauses (i) to (iii), inclusive, of subparagraph (B).
(ii)Within 30 days of receiving an application for an exemption described in subparagraph (B) from a provider or from a recipient on behalf of a provider, the county shall mail a written notification letter to the provider and the recipients for whom the provider provides services of its approval or denial of the exemption. If the county denies the exemption, the county shall also explain in the notification letter the reason for the denial and information about the process to request a review by the department, independent of the countys decision. The county shall use a standardized notification letter, developed by the department in consultation with stakeholders, for purposes of providing the notification letter that is required by this clause.
(iii)(I)A provider whose exemption under subparagraph (B) has been denied, or a recipient on behalf of his or her provider whose exemption under subparagraph (B) has been denied, may request a review by the department, independent of the countys decision.
(II)The department shall develop the review process with input from stakeholders. At a minimum, the review process shall ensure that it provides the provider or the recipient, or his or her authorized representative, with the opportunity to speak with, and provide written information to, staff of the department conducting the review about how the recipient meets the criteria described in subparagraph (B) and how any alternative services proposed by the county would place the recipient at serious risk of placement in out-of-home care.
(III)The department shall consider the information provided by the provider or the recipient, or his or her authorized representative, and the information provided by the county in reaching its decision.
(IV)The department shall mail its written decision within 20 days of the date the provider or the recipient is scheduled to speak with the staff of the department conducting the review, unless the provider or the recipient has requested additional time to submit information and the department has granted that request. The written decision shall inform the provider and the recipients for whom the provider provides services if the exemption is granted or denied. If the department denies the exemption, the department shall also explain in the written decision the reason for the denial.
(iv)The county shall record the number of requests for exemptions that are received from providers or recipients on the providers behalf and the number of requests approved or denied, and shall submit these numbers to the department. The department shall record the number of requests for the review by the department that are received from providers or recipients and the number of exemptions that are approved or denied through the review process. The numbers by the county and the department shall be posted no later than every three months on the departments Internet Web site.
(e)Recipients and providers shall be informed of the limitations and requirements contained in this section, through notices at intervals and on forms as determined by the State Department of Social Services or the State Department of Health Care Services, as applicable, following consultation with stakeholders.
(f)(1)A provider of services described in subdivision (a) shall not engage in travel time in excess of seven hours per week. For purposes of this subdivision, travel time means time spent traveling directly from a location where authorized services specified in subdivision (a) are provided to one recipient to another location where authorized services are to be provided to another recipient. A provider shall coordinate hours of work with his or her recipients to comply with this section.
(2)The hourly wage to compensate a provider for travel time described in this subdivision when the travel is between two counties shall be the hourly wage of the destination county.
(3)Travel time, and compensation for that travel time, between a recipient of authorized in-home supportive services specified in subdivision (a) and a recipient of authorized waiver personal care services specified in subdivision (a) shall be attributed to the program authorizing services for the recipient to whom the provider is traveling.
(4)Hours spent by a provider while engaged in travel time shall not be deducted from the authorized hours of service of any recipient of services specified in subdivision (a).
(5)The State Department of Social Services and the State Department of Health Care Services shall issue guidance and processes for travel time between recipients that will assist the provider and recipient to comply with this subdivision. Each county shall provide technical assistance to providers and recipients, as necessary, to implement this subdivision.
(g)A provider of authorized in-home supportive services specified in subdivision (a) shall timely submit, deliver, or mail, verified by postmark or request for delivery, a signed payroll timesheet within two weeks after the end of each bimonthly payroll period. Notwithstanding any other law, a provider who submits an untimely payroll timesheet for providing authorized in-home supportive services specified in subdivision (a) shall be paid by the state within 30 days of the receipt of the signed payroll timesheet.
(h)This section does not apply to a contract entered into pursuant to Section 12302 or 12302.6 for authorized in-home supportive services. Contract rates negotiated pursuant to Section 12302 or 12302.6 shall be based on costs consistent with a 40-hour workweek.
(i)The state and counties are immune from any liability resulting from implementation of this section.
(j)Any action authorized under this section that is implemented in a program authorized pursuant to Section 14132.95, 14132.956, or 14132.97 shall be compliant with federal Medicaid requirements, as determined by the State Department of Health Care Services.
(k)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters or similar instructions, without taking any regulatory action.
(l)(1)This section shall become operative only when the regulatory amendments made by RIN 1235-AA05 to Part 552 of Title 29 of the Code of Federal Regulations are deemed effective, either on the date specified in RIN 1235-AA05 or at a later date specified by the United States Department of Labor, whichever is later.
(2)If the regulatory amendments described in paragraph (1) become only partially effective by the date specified in paragraph (1), this section shall become operative only for those persons for whom federal financial participation is available as of that date.
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Date
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Status
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|---|---|
| Aug 20, 2018 | Chaptered by Secretary of State - Chapter 170, Statutes of 2018. |
| Aug 20, 2018 | Approved by the Governor. |
| Aug 9, 2018 | Enrolled and presented to the Governor at 11:30 a.m. |
| Aug 6, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Jul 5, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 3 pursuant to Assembly Rule 77. |
| Jul 5, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Jun 27, 2018 | Read second time and amended. Ordered to third reading. |
| Jun 26, 2018 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (June 20). |
| May 30, 2018 | Referred to Com. on GOV. & F. |
| May 22, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 21, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 15, 2018 | Read second time. Ordered to third reading. |
| May 14, 2018 | Read second time and amended. Ordered returned to second reading. |
| May 10, 2018 | From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (May 9). |
| Apr 24, 2018 | In committee: Hearing postponed by committee. |
| Apr 12, 2018 | From committee: Be re-referred to Com. on L. GOV. Re-referred. (Ayes 7. Noes 0.) (April 12). Re-referred to Com. on L. GOV. |
| Apr 10, 2018 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Apr 10, 2018 | Re-referred to Com. on RLS. |
| Apr 9, 2018 | Re-referred to Com. on RLS. pursuant to Assembly Rule 96. |
| Mar 20, 2018 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 1, 2018 | Referred to Com. on HUM. S. |
| Feb 14, 2018 | From printer. May be heard in committee March 16. |
| Feb 13, 2018 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|
|---|---|---|---|---|
| Aug 6, 2018 | AB 2329 OBERNOLTE Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Jul 5, 2018 | Assembly 3rd Reading AB2329 Obernolte By Morrell | Senate Floor |
Passed |
|
| Jun 20, 2018 | Do pass as amended | Senate Standing Committee on Governance and Finance |
Passed |
|
| May 21, 2018 | AB 2329 OBERNOLTE Assembly Third Reading | Assembly Floor |
Passed |
|
| May 9, 2018 | Do pass as amended. | Assembly Standing Committee on Local Government |
Passed |
|
| Apr 12, 2018 | Be re-referred to the Committee on [Local Government] | Assembly Standing Committee on Rules |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
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Position
|
Date
|
|---|---|---|
| Association of California Healthcare Districts | ** Support | Jun 27, 2018 |
| California Special Districts Association | ** Support | Jun 27, 2018 |
| Midpeninsula Regional Open Space District | ** Support | Jun 27, 2018 |
| Unknown. | ** Against | Jun 18, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2329
Author:(Obernolte)
As Amended Ver:June 27, 2018
Majority vote
ASSEMBLY: | 71-0 | (May 21, 2018) | SENATE: | 35-0 | (July 5, 2018) |
Original Committee Reference: L. GOV.
SUMMARY: Increases the amount of compensation board members of certain special districts can receive per month.
The Senate amendments require that commencing January 1, 2019, if the district compensates its members for more than four meetings in a calendar month, the special district board to 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.
EXISTING LAW:
- Determines the amount of compensation board members of each type of special district can receive for attending specified board meetings.
- Authorizes certain special district board members to increase, by ordinance, the amount of compensation received for attending meetings of the board by no more than 5% annually.
AS PASSED BY THE ASSEMBLY, this bill:
- Increased the number of meetings, from four to six, which board members from fire protection, airport, and public cemetery districts can be compensated for in each calendar month.
- Increased the number of meetings, from five to six, which board members from healthcare districts can be compensated for in each calendar month.
- Specified that recreation and park district (RPD) and regional park and open space district (RPOSD) board members can receive compensation for a maximum of six meetings per month.
- Authorized the board members of airport districts, healthcare districts, and RPOSDs to increase, by ordinance, the amount of compensation received for attending meetings of the board by no more than 5% annually.
FISCAL EFFECT: None
COMMENTS:
- Bill Summary. This bill increases the amount of compensation that certain special districts' board members can receive per month. Additionally, this bill authorizes airport districts, healthcare districts and RPOSDs to increase the compensation provided to board members for attending meetings by 5% every year. Each airport and healthcare district board must pass an ordinance, no more than once a year, increasing compensation. This bill is sponsored by the author.
- Author's Statement. According to the author, "This bill puts special districts on the same playing field. Many special districts are operated with small boards of directors that work diligently to make their special district as useful to the community as possible. This important work takes board members' time. Allowing special districts to be allowed the same amount of meetings a month will help level the playing field for those districts that currently have lower limits. Additionally, allowing districts the authority to slightly adjust their compensation annually will help districts assess for themselves what is fair and what their district can handle, rather than raising the compensation statewide."
- Board Compensation. Special district board member compensation is traditionally dictated by the enabling act of that type of special district. Due to the differing enabling acts, the amount that each type of special district can compensate its board members varies significantly. Most types can compensate board members $100 or more per meeting while others are prohibited from providing any compensation. The districts that are allowed to provide compensation are usually limited to doing so for a maximum number of meetings per calendar month. For instance, public cemetery district board members are capped at receiving compensation for a maximum of four meetings per month. In contrast, municipal water district board members can be compensated for a maximum of six meetings per month. This bill does not authorize special districts that are currently prohibited from providing compensation to do so in the future. Instead, this bill is focused upon the types of special districts the Legislature has already given compensation authority.
Additionally, the Water Code allows certain special districts to increase the amount of compensation paid to board members. Such an increase is limited to 5% and must be implemented through an ordinance only once per year. However, this authority to increase the amount of compensation does not apply to all types of special districts.
- Prior and Related Legislation. AB 1234 (Salinas), Chapter 700, Statutes of 2005, clarified the rules pertaining to compensation to members of a local government legislative body for attendance at authorized meetings and conferences; required the establishment of guidelines for reimbursement of members of a local government legislative body for actual and necessary expenses incurred in the performance of official duties; and, established provisions for ethics training for local government officials and designated employees. This year, AB 1889 (Caballero) of the current legislative session, increases the maximum amount of meetings the board members of the Santa Clara Valley Water District can be compensated for from 10-20, among other provisions. This bill was heard in this Committee on April 18, 2018, and passed with a 9-0 vote. AB 1889 was heard in the Senate Governance and Finance Committee and passed with a 7-0 vote. It is now waiting to be heard on the Senate Floor.
Analysis Prepared by: Jimmy MacDonald / L. GOV. / (916) 319-3958 FN: 0003668
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2329
: 6/27/18
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 6/20/18
AYES: McGuire, Nguyen, Beall, Hernandez, Hertzberg, Lara, Moorlach
ASSEMBLY FLOOR: 71-0, 5/21/18 - See last page for vote
DIGEST:
This bill increases the amount of compensation board members of certain special districts can receive per month.
Existing law:
- Determines the amount of compensation board members of each type of special district can receive for attending specified board meetings.
- Authorizes certain special district board members to increase, by ordinance, the amount of compensation received for attending meetings of the board by no more than 5% annually.
This bill:
- Increases the number of meetings, from four to six, for which board members from fire protection, airport, and public cemetery districts can be compensated for in each calendar month.
- Increases the number of meetings, from five to six, for which board members from healthcare districts, recreation and park districts, and regional park and open space districts can be compensated for in each calendar month.
- Authorizes the board members of airport, healthcare, and regional park and open space districts to increase, by ordinance, the amount of compensation received for attending meetings of the board by no more than 5% annually.
- Requires a district that increases the number of days of compensation offered to its board members pursuant to this bill to annually adopt a written policy for compensating its board members and a finding, based on substantial evidence, that more than four meetings per month are necessary for the effective operation of the district.
Background
Special district board member compensation is traditionally dictated by the enabling act of that type of special district. Due to the differing enabling acts, the amount that each type of special district can compensate its board members varies significantly. The most common compensation for special districts' board members are stipends. Many districts pay stipends to their board members for attending a meeting or performing a day's work, following statutory schedules. Most types of special districts can compensate board members $100 or more per meeting while others are prohibited from providing any compensation. A few types of special districts have statutory permission to pay regular monthly salaries to their board members: irrigation districts that are in the electricity business, harbor districts, and the East Bay Municipal Water District.
A local agency may compensate members of its legislative body for attending specified events (AB 1234, Salinas, Chapter 700, Statutes of 2005), specifically:
- A meeting of the legislative body;
- A meeting of an advisory body;
- A conference or educational activity that complies with the Brown Act, including ethics training; and
- Other events, but only if the governing body has adopted a written policy specifying those other occasions.
Many special districts can also reimburse the members of their legislative bodies for their actual and necessary expenses to attend meetings. If state law authorizes reimbursement for expenses and if a local agency pays reimbursement, the agency must adopt written policies for reimbursing travel, meals, lodging, and other actual and necessary expenses. Local agencies must set limits on the amount of the expenses they will reimburse. A local official may pay for additional costs above the allowed limits, at his or her own expense.
Local officials must fill out expense reports and provide receipts to receive reimbursement. At their next regular meeting after the meeting for which reimbursement was provided, officials must also give brief reports about the meetings they attended at the agency's expense.
Districts that are allowed to provide compensation are usually limited to doing so for a maximum number of meetings per calendar month. For instance, public cemetery district board members are capped at receiving compensation for a maximum of four meetings per month. In contrast, municipal water district board members can be compensated for a maximum of six meetings per month. Many, but not all, districts may also increase the daily rate for attending meetings by 5% per year by annually adopting an ordinance that provides for such an increase.
Noting the disparities across special district types, the author wants to standardize allowable compensation levels for special districts’ board members.
Comments
- Purpose of this bill. Special districts perform valuable services to local residents throughout the state, including offering protection from fire, furnishing water, providing recreational opportunities, and even operating airports. These districts are governed by elected board members that faithfully serve their communities for little to no pay. Current law allows modest stipends for board members of many types of special districts, but there are inconsistencies across the different types. AB 2329 brings all special districts up to the same level of compensation by modestly increasing the number of meetings for which board members may be compensated for six types of districts. It also protects the stipends of airport, healthcare, and regional park and open space district board members from inflation by allowing increases over time, as is already the case for many kinds of special districts. AB 2329 leaves the decision to increase compensation up to each individual district and simply allows flexibility to those that need the extra meetings.
- One size fits all? A common refrain in local government circles is that one size doesn’t fit all. Yet, some special districts operate services that are necessary for the public health and safety, such as water districts, fire protection districts, and flood control districts. Emergencies can arise for these districts that may require prompt and sustained action to avoid dire consequences for local residents: fires need to be quenched, floods fought, and water treated. Such actions can require many meetings within a short timeframe. Other districts are less likely to face such circumstances: barring a supernatural occurrence, cemetery districts are unlikely to be the epicenter of a public safety threat. AB 2329 allows several types of special districts to compensate their board members at a common level of six meetings per month regardless of the need for additional meetings. Should the Legislature authorize compensation for additional meetings for all of these districts, regardless of their specific activities?
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Association of California Healthcare Districts
California Special Districts Association
Midpeninsula Regional Open Space District
OPPOSITION: (Verified 6/27/18)
None received
ASSEMBLY FLOOR: 71-0, 5/21/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Gipson, Gloria, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Cooley, Eggman, Cristina Garcia, Eduardo Garcia, Gray, Melendez, Muratsuchi
6/27/18 17:20:04
**** END ****
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Mike McGuire, Chair
2017 - 2018 Regular
Bill No: | AB 2329 | Hearing Date: | 6/20/18 |
Author: | Obernolte | Tax Levy: | No |
Version: | 5/14/18 | Fiscal: | No |
Consultant: | Favorini-Csorba | ||
Special districts: board of directors: compensation
Increases the amount of compensation board members of certain special districts can receive per month.
Background
Special district board member compensation is traditionally dictated by the enabling act of that type of special district. Due to the differing enabling acts, the amount that each type of special district can compensate its board members varies significantly. The most common compensation for special districts' board members are stipends. Many districts pay stipends to their board members for attending a meeting or performing a day's work, following statutory schedules. Most types of special districts can compensate board members $100 or more per meeting while others are prohibited from providing any compensation. A few types of special districts have statutory permission to pay regular monthly salaries to their board members: irrigation districts that are in the electricity business, harbor districts, and the East Bay Municipal Water District.
A local agency may compensate members of its legislative body for attending specified events (AB 1234, Salinas, 2005), specifically:
- A meeting of the legislative body;
- A meeting of an advisory body;
- A conference or educational activity that complies with the Brown Act, including ethics training; and
- Other events, but only if the governing body has adopted a written policy specifying those other occasions.
Many special districts can also reimburse the members of their legislative bodies for their actual and necessary expenses to attend meetings. If state law authorizes reimbursement for expenses and if a local agency pays reimbursement, the agency must adopt written policies for reimbursing travel, meals, lodging, and other actual and necessary expenses. Local agencies must set limits on the amount of the expenses they will reimburse. A local official may pay for additional costs above the allowed limits, at his or her own expense.
Local officials must fill out expense reports and provide receipts to receive reimbursement. At their next regular meeting after the meeting for which reimbursement was provided, officials must also give brief reports about the meetings they attended at the agency's expense.
Districts that are allowed to provide compensation are usually limited to doing so for a maximum number of meetings per calendar month. For instance, public cemetery district board members are capped at receiving compensation for a maximum of four meetings per month. In contrast, municipal water district board members can be compensated for a maximum of six meetings per month. Many, but not all, districts may also increase the daily rate for attending meetings by 5 percent per year by annually adopting an ordinance that provides for such an increase.
Noting the disparities across special district types, the author wants to standardize allowable compensation levels for special districts’ board members.
Proposed Law
Assembly Bill 2329 increases the amount of compensation board members of certain special districts can receive per month. Specifically, this bill:
- Increases the number of meetings, from four to six, for which board members from fire protection, airport, and public cemetery districts can be compensated for in each calendar month; and
- Increases the number of meetings, from five to six, for which board members from healthcare districts, recreation and park districts, and regional park and open space districts can be compensated for in each calendar month.
AB 2329 also authorizes the board members of airport, healthcare, and regional park and open space districts to increase, by ordinance, the amount of compensation received for attending meetings of the board by no more than 5% annually.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. Special districts perform valuable services to local residents throughout the state, including offering protection from fire, furnishing water, providing recreational opportunities, and even operating airports. These districts are governed by elected board members that faithfully serve their communities for little to no pay. Current law allows modest stipends for board members of many types of special districts, but there are inconsistencies across the different types. AB 2329 brings all special districts up to the same level of compensation by modestly increasing the number of meetings for which board members may be compensated for six types of districts. It also protects the stipends of airport, healthcare, and regional park and open space district board members from inflation by allowing increases over time, as is already the case for many kinds of special districts. AB 2329 leaves the decision to increase compensation up to each individual district and simply allows flexibility to those that need the extra meetings.
2. One size fits all? A common refrain in local government circles is that one size doesn’t fit all. Yet, some special districts operate services that are necessary for the public health and safety, such as water districts, fire protection districts, and flood control districts. Emergencies can arise for these districts that may require prompt and sustained action to avoid dire consequences for local residents: fires need to be quenched, floods fought, and water treated. Such actions can require many meetings within a short timeframe. Other districts are less likely to face such circumstances: barring a supernatural occurrence, cemetery districts are unlikely to be the epicenter of a public safety threat. AB 2329 allows several types of special districts to compensate their board members at a common level of six meetings per month regardless of the need for additional meetings. Should the Legislature authorize compensation for additional meetings for all of these districts, regardless of their specific activities?
3. Paying the piper. Current law allows local officials to say what constitutes official business that's worth paying for. In reforming local government compensation practices in 2005, legislators granted local agencies flexibility in setting the types of events that qualify for compensation, as long as the agency has adopted written policies. If an agency were willing to adopt a compensation policy that allowed it, a local official could claim compensation for meeting with individual constituents or even having lunch with vendors. Having a low statutory cap on the number of meetings builds in a safeguard against inappropriate payments for activities—it lessens the gains that a director might see from approving additional types of meetings because they are limited. AB 2329 potentially weakens this limitation by increasing the number of meetings for which board members may be compensated, potentially eroding the public’s trust in the motivations of their elected officials. To ensure that any additional meetings are truly needed, the Committee may wish to consider amending AB 2329 to require a special district that wants to take advantage of the increased compensation in the bill to adopt a policy in an open meeting, based on findings supported by substantial evidence, that compensation for additional meetings is necessary for the effective operation of the district.
4. Related legislation. AB 1889 (Caballero), which the Committee will hear at its June 27th meeting, allows board members of the Santa Clara Valley Water District to be compensated for up to 20 meetings per month, in addition to making other changes to the district’s principal act.
Assembly Actions
Assembly Local Government Committee: 9-0
Assembly Floor: 71-0
Support and Opposition
(6/15/18)
Support: Association of California Healthcare Districts; California Special Districts Association; Midpeninsula Regioanl Open Space District.
Opposition: Unknown.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2329
Author:(Obernolte)
As Amended Ver:May 14, 2018
Majority vote
Committee | Votes | Ayes | Noes |
Local Government | 9-0 | Aguiar-Curry, Waldron, Bloom, Caballero, Cooley, Grayson, Lackey, Voepel, Mullin |
SUMMARY: Increases the amount of compensation board members of certain special districts can receive per month. Specifically, this bill:
- Increases the number of meetings, from four to six, which board members from fire protection, airport, and public cemetery districts can be compensated for in each calendar month.
- Increases the number of meetings, from five to six, which board members from healthcare districts can be compensated for in each calendar month.
- Specifies that recreation and park district (RPD) and regional park and open space district (RPOSD) board members can receive compensation for a maximum of six meetings per month.
- Authorizes the board members of airport districts, healthcare districts, and RPOSDs to increase, by ordinance, the amount of compensation received for attending meetings of the board by no more than 5% annually.
EXISTING LAW:
- Determines the amount of compensation board members of each type of special district can receive for attending specified board meetings.
- Authorizes certain special district board members to increase, by ordinance, the amount of compensation received for attending meetings of the board by no more than 5% annually.
FISCAL EFFECT: None
COMMENTS:
- Bill Summary. This bill increases the amount of compensation that certain special districts' board members can receive per month. Additionally, this bill authorizes airport districts, healthcare districts and RPOSDs to increase the compensation provided to board members for attending meetings by 5% every year. Each airport and healthcare district board must pass an ordinance, no more than once a year, increasing compensation. This bill is sponsored by the author.
- Author's Statement. According to the author, "This bill puts special districts on the same playing field. Many special districts are operated with small boards of directors that work diligently to make their special district as useful to the community as possible. This important work takes board members' time. Allowing special districts to be allowed the same amount of meetings a month will help level the playing field for those districts that currently have lower limits. Additionally, allowing districts the authority to slightly adjust their compensation annually will help districts assess for themselves what is fair and what their district can handle, rather than raising the compensation statewide."
- Board Compensation. Special district board member compensation is traditionally dictated by the enabling act of that type of special district. Due to the differing enabling acts, the amount that each type of special district can compensate its board members varies significantly. Most types can compensate board members $100 or more per meeting while others are prohibited from providing any compensation. The districts that are allowed to provide compensation are usually limited to doing so for a maximum number of meetings per calendar month. For instance, public cemetery district board members are capped at receiving compensation for a maximum of four meetings per month. In contrast, municipal water district board members can be compensated for a maximum of six meetings per month. This bill does not authorize special districts that are currently prohibited from providing compensation to do so in the future. Instead, this bill is focused upon the types of special districts the Legislature has already given compensation authority.
Additionally, the Water Code allows certain special districts to increase the amount of compensation paid to board members. Such an increase is limited to 5% and must be implemented through an ordinance only once per year. However, this authority to increase the amount of compensation does not apply to all types of special districts.
- Prior and Related Legislation. AB 1234 (Salinas), Chapter 700, Statutes of 2005, clarified the rules pertaining to compensation to members of a local government legislative body for attendance at authorized meetings and conferences; required the establishment of guidelines for reimbursement of members of a local government legislative body for actual and necessary expenses incurred in the performance of official duties; and, established provisions for ethics training for local government officials and designated employees. This year, AB 1889 (Caballero) of the current legislative session, increases the maximum amount of meetings the board members of the Santa Clara Valley Water District can be compensated for from 10-20, among other provisions. This bill was heard in this Committee on April 18, 2018, and passed with a 9-0 vote. AB 1889 has been referred to the Senate Governance and Finance Committee.
- Arguments in Support. None on file.
- Arguments in Opposition. None on file.
Analysis Prepared by: Jimmy MacDonald / L. GOV. / (916) 319-3958 FN: 0002886
Date of Hearing: May 9, 2018
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cecilia Aguiar-Curry, Chair
ABPCA Bill Id:AB 2329 (
Author:Obernolte) – As Amended Ver:April 9, 2018
SUBJECT: Special districts: board of directors: compensation.
SUMMARY: Increases the amount of compensation board members of certain special districts can receive per month. Specifically, this bill:
- Increases the number of meetings, from four to six, which board members from fire protection, airport, and public cemetery districts can be compensated for in each calendar month.
- Increases the number of meetings, from five to six, which board members from healthcare districts can be compensated for in each calendar month.
- Increases the total amount that the board of directors of a recreation and park district (RPD) can receive in compensation, from $500 to $600, per calendar month.
- Authorizes the board members of airport and healthcare districts to increase, by ordinance, the amount of compensation received for attending meetings of the board by no more than 5% annually.
EXISTING LAW:
- Determines the amount of compensation board members of each type of special district can receive for attending specified board meetings.
- Authorizes certain special district board members to increase, by ordinance, the amount
of compensation received for attending meetings of the board by no more than 5% annually.
FISCAL EFFECT: None
COMMENTS:
- Bill Summary. This bill increases the amount of compensation that certain special districts’ board members can receive per month. Additionally, this bill authorizes airport and healthcare districts to increase the compensation provided to board members for attending meetings by 5% every year. Each airport and healthcare district board must pass an ordinance, no more than once a year, increasing compensation. This bill is sponsored by the author.
- Author’s Statement. According to the author, “This bill puts special districts on the same playing field. Many special districts are operated with small boards of directors that work diligently to make their special district as useful to the community as possible. This important work takes board members’ time. Allowing special districts to be allowed the same amount of meetings a month will help level the playing field for those districts that currently have lower limits. Additionally, allowing districts the authority to slightly adjust their compensation annually will help districts assess for themselves what is fair and what their district can handle, rather than raising the compensation statewide.”
- Board Compensation. Special district board member compensation is traditionally dictated by the enabling act of that type of special district. Due to the differing enabling acts, the amount that each type of special district can compensate its board members varies significantly. Most types can compensate board members $100 or more per meeting while others are prohibited from providing any compensation. The districts that are allowed to provide compensation are usually limited to doing so for a maximum number of meetings
per calendar month. For instance, public cemetery district board members are capped at receiving compensation for a maximum of four meetings per month. In contrast, municipal water district board members can be compensated for a maximum of six meetings per month. AB 2329 does not authorize special districts that are currently prohibited from providing compensation to do so in the future. Instead, this bill is focused upon the types of special districts the Legislature has already given compensation authority.
Additionally, the Water Code allows certain special districts to increase the amount
of compensation paid to board members. Such an increase is limited to 5% and must be implemented through an ordinance only once per year. However, this authority to increase the amount of compensation does not apply to all types of special districts.
- Policy Considerations. The Committee may wish to consider the following:
- Regional Parks and Open Space Districts (RPOSDs). Similar to RPDs, RPOSDs can currently compensate their board members a maximum of $500 per month. However, AB 2329 does not increase the maximum compensable amount for RPOSDs even though they are vastly similar types of districts. To ensure consistency and to avoid confusion, compensation authority for RPOSDs should mirror the authority given to RPDs.
- Consistency. Most other types of special districts compensate their board members
on a per meeting basis (i.e., this bill proposes to increase the amount of compensable meetings for public cemetery districts from four to six per month). However, RPDs and RPSODs are unique and are limited to providing a flat, maximum dollar amount per month regardless of how many meetings the board members attend (i.e., this bill proposes to increase this amount to a maximum of $600 per month). The inconsistency in how these statutes are written creates confusion regarding the amount special district board members can be compensated.
- Committee Amendments. To address the issues above, the Committee may wish
to ask the author to accept the following committee amendments:- Provide that RPDs and RPOSDs have equal authority to compensate board members
for attending meetings; and, - Specify that RPDs and RPOSDs are authorized to compensate their board members
for a maximum of six meetings per month instead of a flat, maximum dollar amount.
- Provide that RPDs and RPOSDs have equal authority to compensate board members
- Prior and Related Legislation. AB 1234 (Salinas), Chapter 700, Statutes of 2005, clarified the rules pertaining to compensation to members of a local government legislative body for attendance at authorized meetings and conferences; required the establishment of guidelines for reimbursement of members of a local government legislative body for actual and necessary expenses incurred in the performance of official duties; and, established provisions for ethics training for local government officials and designated employees.
This year, AB 1889 (Caballero) increases the maximum amount of meetings the board members of the Santa Clara Valley Water District can be compensated for from 10-20, among other provisions. This bill was heard in this Committee on April 18 and passed
with a 9-0 vote. AB 1889 is currently pending in the Senate Rules Committee.
- Arguments in Support. None on file.
- Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Jimmy MacDonald / L. GOV. / (916) 319-3958
Discussed in Hearing
1MIN
Assembly Floor
1MIN
Senate Floor
2MIN
Assembly Floor
4MIN
Assembly Standing Committee on Local Government
Bill Author
Bill Co-Author(s):