BILL ANALYSIS
AB 1659
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Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
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:
SUMMARY
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
bill:
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December 1 prior to the year it is set to be repealed, to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.
COMMENTS
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)
319-2081