BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                    AB 28|
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                                    CONSENT


          Bill No:  AB 28
          Author:   Huber (D)
          Amended:  7/6/11 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  7-0, 6/21/11
          AYES:  DeSaulnier, Gaines, Huff, Kehoe, Lowenthal, Rubio, 
            Simitian
          NO VOTE RECORDED:  Harman, Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  75-0, 5/26/11 (Consent) - See last page 
            for vote


           SUBJECT  :    Governmental organization

           SOURCE  :     Author


           DIGEST  :    This bill deletes obsolete references to the 
          Reciprocity Commission within the Department of Motor 
          Vehicles, the Office for Citizen Initiative and Voluntary 
          Action, and the Public Employee Review Committee.  This 
          bill also clarifies the responsibility as to who shall 
          evaluate a plan to create a new state board, advisory 
          board, or new category of licensed professional.

           ANALYSIS  :    The Governor's Office for Citizen Initiative 
          and Voluntary Action (OCIVA) was created to advocate and 
          encourage citizen initiative and volunteer action.  
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          However, the OCIVA has not been funded or operative since 
          1978-1979.  The Public Employee Review Committee is an 
          advisory body under the OCIVA.  CaliforniaVolunteers is 
          charged with increasing service and volunteering in 
          California, and operates under Governor's Executive Order 
          S-04-06, S-24-06, S-02-08.

          Existing law requires that the author or sponsor of 
          legislation creating a new state board, advisory board, or 
          new category of licensed professional develop a plan that 
          includes, but is not limited to, the following:

          1. A description of the problem that the creation of the 
             specific state board or new category of licensed 
             professional would address, including the specific 
             evidence of need for the state to address the problem;

          2. The reasons why this proposed state board or new 
             category of licensed professional was selected to 
             address this problem, including the full range of 
             alternatives considered and the reason why each of these 
             alternatives was not selected; 

          3. The specific public benefit or harm that would result 
             from the establishment of the proposed state board or 
             new category of licensed professional, the specific 
             manner in which the proposed state board or new category 
             of licensed professional would achieve this benefit, and 
             the specific standards of performance which shall be 
             used in reviewing the subsequent operation of the board 
             or category of licensed professional;

          4. The specific source or sources of revenue and funding to 
             be utilized by the proposed state board or new category 
             of licensed professional in achieving its mandate;

          5. A description of the problem that the proposed advisory 
             state board would address; and,

          6. A listing of those currently established state advisory 
             and administrative entities addressing the same or 
             similar problems.   

          The Joint Committee on Boards, Commissions, and Consumer 

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          Protection (JCBCCP) was tasked with reviewing these plans, 
          although this power was never exercised.  The enabling 
          legislation for the Joint Sunset Review Committee (JSRC), 
          AB 2130 (Huber), Chapter 670, Statutes of 2010, eliminated 
          JCBCCP.  

          Existing law creates the Reciprocity Commission 
          (Commission) to examine the legal requirements for 
          commercial vehicle registration by foreign jurisdictions 
          and to grant reciprocal privileges to out-of-state 
          vehicles.  It prescribes the membership of the Commission 
          as the Lieutenant Governor, the Director of the Department 
          of Motor Vehicles (DMV), the Director of the California 
          Department of Transportation, the State Controller, and the 
          Commissioner of the California Highway Patrol.  Existing 
          law authorizes the Commission to enter into agreements on 
          behalf of the State of California with foreign 
          jurisdictions for the registration of foreign vehicles.  
          The Attorney General must approve all reciprocity 
          agreements, rules, and regulations authorized by the 
          Commission.

          Federal law permits California to enter into the 
          International Registration Plan Agreement to collect 
          registration fees for commercial vehicles that operate on 
          an interstate basis.  Under this International Registration 
          Program (IRP), states, the District of Columbia, and 
          Canadian provinces collect registration fees for vehicles 
          based in their jurisdictions, and then share those fees 
          based on the amount a particular vehicle operates in each 
          jurisdiction.  State law empowers the commission to enter 
          into the IRP on behalf of California.  California entered 
          the IRP in 1985, thus making the bilateral reciprocity 
          agreements and much of the work of the Commission obsolete.

          This bill:
           
          1. Deletes from state law the Commission, provisions 
             governing its administration and duties, authorization 
             for reciprocal registration agreements, and the duty of 
             the Attorney General to approve its agreements, and 
             transfers the authority held by the commission to enter 
             into and become a member of the International 
             Registration Plan Agreement to the director of the DMV 

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             or his/her designee.  

          2.  Deletes from State law the OCIVA within the Office of 
             the Governor, and the Public Employee Review Committee 
             as an advisory board within the OCIVA.

          3.  Delegates the responsibility to evaluate a plan to 
             create a new state board, advisory board, or new 
             category of licensed professional to the appropriate 
             policy committee of the Legislature.  Allows the 
             chairperson of the policy committee may refer the plan 
             to the JSRC, and any evaluations or recommendations of 
             JSRC shall be provided to the respective policy and 
             fiscal committees of the Legislature.   Furthermore, if 
             an appropriate policy committee does not evaluate this 
             plan, then it shall be the responsibility of JSRC to 
             evaluate a proposal to create a new board and to make 
             recommendations to the Legislature.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No


           ASSEMBLY FLOOR  :  75-0, 5/26/11
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Carter, 
            Chesbro, Conway, Cook, Dickinson, Donnelly, Eng, Feuer, 
            Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, 
            Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall, 
            Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, 
            Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, 
            Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, 
            Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel 
            Pérez, Portantino, Silva, Skinner, Smyth, Solorio, 
            Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, 
            Yamada, John A. Pérez
          NO VOTE RECORDED:  Campos, Cedillo, Davis, Gorell, Jones


          JJA:kc  7/11/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED


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