BILL NUMBER: AB 2308 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2010
INTRODUCED BY Assembly Member Charles Calderon
FEBRUARY 19, 2010
An act to amend Section 83109 add and
repeal Article 1.5 (commencing with Section 8275) of Chapter 3.5 of
Division 1 of Title 2 of the Government Code, relating to the
Political Reform Act of 1974 California
Constitution Revision Commission .
LEGISLATIVE COUNSEL'S DIGEST
AB 2308, as amended, Charles Calderon. Political Reform
Act of 1974: Fair Political Practices California
Constitution Revision Commission.
Existing law establishes within state government the California
Law Revision Commission to examine the common law and statutes of the
state and judicial decisions for the purpose of discovering defects
and anachronisms in the law and recommending needed reforms to the
Governor and the Legislature.
This bill would establish the California Constitution Revision
Commission, prescribe its membership, and specify its powers and
duties. The bill would require the commission to submit a report to
the Governor and the Legislature no later than August 1, 2012, that
sets forth its findings with respect to the formulation and enactment
of a state budget and recommendations for the improvement of that
process. The commission would also be required to report on specified
issues relating to the structure of state governance.
The provisions relating to the commission would become inoperative
on July 1, 2013, and would be repealed as of January 1, 2014.
The California Constitution authorizes the Legislature to propose
revisions to that document.
Under existing law, the Political Reform Act of 1974, a
nonclerical position of the Fair Political Practices Commission is
not to be included in the same civil service classification with any
position of any other department or agency.
This bill would correct an erroneous cross-reference in this
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the
following:
(a) California's budget process has become crippled by a complex
entanglement of constraints that interfere with an orderly and
comprehensive consideration of all fiscal matters. A complete review
of the process by an independent citizens' commission would provide
the Legislature with a basis for considering changes that would
result in a more thoughtful and deliberative process.
(b) The legislative process has at times become mired in gridlock.
Rivalries between the two houses of the Legislature and the
executive branch have hindered the state's ability to make
significant policy changes to respond to the changing times. Changes
to existing government organizational structures may provide a more
responsive and productive form of governance than the current system.
(c) California's existing "system" of government is dysfunctional,
and lacks the collaboration required to achieve the public's goals.
The various components of the system do not possess a common mission
and often work at cross-purposes.
SEC. 2. Article 1.5 (commencing with Section 8275)
is added to Chapter 3.5 of Division 1 of Title 2 of the
Government Code , to read:
Article 1.5. California Constitution Revision Commission
8275. There shall be established in state government the
California Constitution Revision Commission.
8275.1. (a) The commission shall consist of 23 members, as
follows:
(1) Ten members appointed by the Governor. No more than six
members shall be registered with the same political party.
(2) Five members appointed by the Speaker of the Assembly. No more
than three members shall be registered with the same political
party. Two members shall be appointed in consultation with the
Assembly Minority Caucus.
(3) Five members appointed by the Senate Committee on Rules. No
more than three members may be registered with the same political
party. Two members shall be appointed in consultation with the Senate
Minority Caucus.
(4) The Chief Justice of California, or his or her designee.
(5) The Legislative Analyst, or his or her designee.
(6) The Director of Finance, or his or her designee.
(7) The Governor, the Senate Committee on Rules, and the Speaker
of the Assembly shall not appoint more than one member of the
Legislature to the commission. No lobbyist, as defined in Section
82039, may serve as a member of the commission. The membership of the
commission shall broadly reflect the ethnic, racial, cultural,
geographic, and gender diversity of the state.
(b) The initial appointments to the commission shall be made not
later than 90 days after this article becomes effective.
8275.2. Each member of the commission shall serve without
compensation. Public members shall receive one hundred dollars ($100)
per diem while on official business of the commission. In addition,
each member shall be entitled to receive his or her necessary
expenses actually incurred in the performance of his or her
commission duties.
8275.3. (a) The Governor shall select one of the members as the
chair of the commission.
(b) The commission may appoint an executive secretary and fix his
or her compensation in accordance with law. The commission may employ
and fix the compensation of, in accordance with law, professional,
clerical, or other assistants that may be necessary.
(c) The Legislative Counsel, Legislative Analyst, State Auditor,
and the Department of Finance shall assist the commission in the
performance of its duties.
8275.4. The commission shall, to assist the Governor and the
Legislature, do all of the following:
(a) Examine the process the state government uses to formulate and
enact a budget, the manner in which the budget serves the future
needs of the state, the appropriate balance of state resources and
expenditures, the fiscal relations of the state, federal, and local
governments, and the constraints and impediments that interfere with
an orderly and comprehensive consideration of all fiscal matters that
impact the development of a budget.
(b) Examine the structure of state governance and propose
modifications to increase accountability and improve the process of
formulation, consideration, and approval of policy determinations of
a budget.
(c) Examine the current structure of state and local government
duties, responsibilities, and priorities; the fiscal relations of
state and local governments; the types of services state and local
governments provide; the mechanisms of service delivery; the desired
outcomes for state and local government programs; the methods of
performance measurement; and the constraints or impediments that
interfere with the most effective allocation of state and local
responsibilities.
(d) Examine the feasibility of integrating community resources
into service delivery mechanisms that reduce duplication and increase
efficiency, and the feasibility of establishing community coalitions
to make recommendations to local entities relating to a community's
vision and goals.
8275.5. On or before August 1, 2012, the commission shall submit
a report to the Governor and the Legislature that sets forth its
findings with respect to the mandate in Section 8275.4. The
commission shall submit interim reports before that date when it
makes a finding and recommendation on an enumerated topic.
8275.6. The commission shall have the powers necessary to carry
out its duties, including all of the following:
(a) To meet at times and places as it may deem proper. The
commission is a state body subject to the provisions of the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3).
(b) To issue subpoenas to compel the attendance of witnesses and
the production of books, records, papers, accounts, reports, and
documents.
(c) To administer oaths.
(d) To contract, as it deems necessary, for the rendition of
services, facilities, studies, and reports to the commission as will
best assist it to carry out its duties and responsibilities.
(e) To cooperate with and to secure the cooperation of county,
city, city and county, and other local law enforcement agencies in
investigating any matter within the scope of its duties and
responsibilities, and to direct the sheriff of any county or any
marshal to serve subpoenas, orders, and other process.
(f) To secure directly from every department, agency, or
instrumentality full cooperation, access to its records, and access
to any information, suggestions, estimates, data, and statistics that
it may have available.
(g) To do any and all things necessary or convenient to enable it
fully and adequately to perform its duties and to exercise the powers
expressly granted to it.
8275.7. This article shall become inoperative on July 1, 2013,
and, as of January 1, 2014, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2014, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SECTION 1. Section 83109 of the Government Code
is amended to read:
83109. For purposes of Section 19818.6 of the Government Code, a
nonclerical position under the Commission shall not be included in
the same class in the civil service classification plan with any
position of any other department or agency.