BILL ANALYSIS Ó
HR 20
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Date of Hearing: August 29, 2011
ASSEMBLY COMMITTEE ON RULES
Nancy Skinner, Chair
HR 20 (Portantino) - As Introduced: August 15, 2011
SUBJECT : Standing Rules of the Assembly for the 2011-12
Regular Session.
SUMMARY : Amends the Standing Rules of the Assembly for the
2011-12 Regular Session to modify the powers and duties of the
Committee on Rules and the Speaker. Specifically, this
resolution :
1)Expands the definition of "meeting" of the Assembly or a
committee which must be open and public to include meetings
that would establish or change legislative budgets.
2)Modifies the powers of the Committee on Rules to:
a) Require open public meetings to establish the annual
operational budgets of Assembly Offices, as specified; have
general direction over room assignments for the use of the
Assembly, including Members' individual offices; and remove
the Committee's ability to delegate powers to the Speaker.
b) Require posting, as specified, on the Internet of
Members' salaries, per diem, and expenditures; staff
salaries; various payments made by the Assembly, including
legal settlements.
3)Requires the Operating Fund Report to be made available on the
Internet.
4)Requires the Committee on Rules to request the Controller to
conduct annual audits of the Assembly Operating Fund revenues
and expenditures and the performance of administrative
operations of the Assembly; and requires any entity of the
Assembly to provide access to records the Controller deems
necessary to conduct the audits.
5)Specifies the establishment of equal operational budgets for
each legislative district per year to provide for expenses in
each capitol and district office of each elected Member of the
Assembly; and limits the use of funds allocated to other
HR 20
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Assembly offices.
6)Eliminates the Speaker's duties relating to room assignments
and allocating funds for the operation of the Assembly.
EXISTING LAW establishes the Standing Rules of the Assembly for
the 2011-12 Regular Session for committee meetings, operating
budgets, annual operating reports and audits, and the duties of
the Speaker of the Assembly; and sets forth provisions for
performance audits and expenditure reports of the Assembly.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose . According to the author's office, this resolution was
introduced to require greater openness regarding expenditure of
Assembly funds
Diversity of Assembly Districts. This measure does not recognize
the diversity of Assembly districts. Currently, each Member
receives the same base allowance; however, certain expenditures
are excluded from the base allowance in recognition of that
diversity. For example, district office rents vary
considerably as do travel distances. Congressional allotments
also recognize the diversity of districts, providing allowances
varying significantly for individual members.
Gifts and Donations . The resolution would require posting of
Assembly payments for gifts or donations. Gifts of Assembly
funds are already impermissible. Therefore, the requirement to
post such payments is superfluous.
Audits. Section 15.6 states that an audit prepared by the
Controller shall be consistent with generally accepted
accounting principles. However, legislative rules may not
dictate the Controller's practices. The Controller already
approves expenditures of Assembly funds, and the purpose served
by directing the Controller to audit payments already approved
by that office is not clear. This provision may also raise
separation of powers issues. In addition, Government Code
Section 9133 requires the Assembly to select a CPA firm to
conduct an audit of Operating Funds which would result in
duplicative audits and additional costs.
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Task Force. The Speaker recently created a task force to review
Assembly practices regarding legislative records, which will
consider some of the issues raised by the resolution.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Anna McCabe / RLS. / (916) 319-2800