BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 28| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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. CONTINUED AB 28 Page 2 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 CONTINUED AB 28 Page 3 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 CONTINUED AB 28 Page 4 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 CONTINUED AB 28 Page 5 **** END **** CONTINUED