BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 1659
                                                                  Page  1

          Date of Hearing:   April 21, 2010

                                Felipe Fuentes, Chair

                    AB 1659 (Huber) - As Amended:  April 7, 2010 

          Policy Committee:                              B, P, and  
          C.P.Vote:    11 - 0 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              


          This creates a joint sunset review committee and tasks it with  
          reviewing on a periodic basis, every non-constitutional agency  
          and department within the state, with the exception of those  
          associated with postsecondary education. Specifically, this  

          1)Establishes a new Joint Sunset Review Committee (JSRC)  
            comprised of 10 members of the Legislature.

          2)Requires each agency scheduled for repeal, on or before  
            December 1 prior to the year it is set to be repealed, to  
            submit to JSRC a complete agency report covering the entire  
            period since it was last reviewed.

          3)Requires the elimination of any agency unless the Legislature  
            enacts a law, based upon a recommendation endorsed by a vote  
            of the majority of the members of the committee, to extend,  
            consolidate, or reorganize the agency.

          4)Allows JSRC to recommend that the Legislature extend the  
            statutory sunset date for no more than one year to allow JSRC  
            more time to evaluate the agency.

          5)Includes language stating that it is the intent of the  
            Legislature to enact legislation that provides for the repeal  
            of every entity of state government, excluding  
            constitutionally created offices and agencies associated with  
            post secondary education. 

           FISCAL EFFECT  


                                                                  AB 1659
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          1)Annual costs in the range of $1 million (GF) for the  
            Legislature due to the workload associated with reviewing  
            every agency within state government, including but not  
            limited to every department, division, agency, office,  
            commission, board and council, and making recommendations for  
            extending the sunset, eliminating, consolidating or  
            reorganizing each agency.

          2)Assuming about 250 affected agencies and a 10-year sunset for  
            each agency, annual costs in the range of $2.50 million (GF)  
            workload associated with 10 agencies producing the required  
            comprehensive sunset review report each year.


           1)Rationale  . The author envisions this bill as creating a  
            legislative committee that will ultimately review every  
            non-constitutional department, office, commission, agency,  
            council and board within the state, with the exception of  
            those entities related to postsecondary education. As  
            currently written, this bill does not establish sunset dates  
            for state agencies, therefore the JSRC would begin by  
            reviewing any sunsetting boards and bureaus within the  
            Department of Consumer Affairs.  The author's office notes  
            that this gradual phase in will allow them time to establish a  
            timeframe and plan for establishing sunset dates for the rest  
            of state government, as specified, including the Department of  
            Corrections and Rehabilitation, the Department of Public  
            Health, the Department of Social Services and every other  
            department within the state. 

           2)The Joint Committee on Boards and Commissions  . Under current  
            law the Joint Committee on Boards, Commissions, and Consumer  
            Protection is granted the power to hold public hearings at  
            specified times and to evaluate whether a board or regulatory  
            program under the Department of Consumer Affairs has  
            demonstrated a need for its continued existence. Committee  
            members have not been appointed to this committee since 2006  
            and the jurisdiction is limited to the boards and commissions  
            that fall under the Business and Professions code. The author  
            envisions the new, expanded JSRC as a replacement for that  
            currently inactive committee.


                                                                  AB 1659
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           3)Related Legislation  . AB 2130 (Huber) only becomes operative if  
            AB 1659 is enacted.  That bill makes specified DCA boards  
            subject to review by the JSRC created by AB 1659.  That bill  
            is currently pending before this committee.

            SB 887 (Hollingsworth), similar to this bill, would require  
            the creation of a timeline to establish sunset dates for every  
            state agency, department and program.  Under this bill, a  
            newly created Office of the Chief Inspector General would be  
            tasked with reviewing each state entity prior to its sunset  
            and making recommendations for improvements, modifications, or  
            elimination of the department or program. That bill failed  
            passage in the Senate Governmental Organization Committee. 

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)