BILL NUMBER: AB 291	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 11, 2013

   An act to amend and repeal Sections 9147.7, 9148.50, 9148.51, and
9148.52 of, to amend, repeal, and add Section 9148.8 of, and to add
Article 7.6 (commencing with Section 9147.9) to Chapter 1.5 of Part 1
of Division 2 of Title 2 of, the Government Code, relating to state
government.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 291, as introduced, Nestande. California Sunset Review
Commission.
   Existing law establishes the Joint Sunset Review Committee, a
legislative committee comprised of 10 Members of the Legislature, to
identify and eliminate waste, duplication, and inefficiency in
government agencies and to conduct a comprehensive analysis of every
"eligible agency" for which a date for repeal has been established,
to determine if the agency is still necessary and cost effective.
Existing law requires each eligible agency scheduled for repeal to
submit a report to the committee containing specified information.
Existing law requires the committee to take public testimony and
evaluate the eligible agency prior to the date the agency is
scheduled to be repealed, and requires that an eligible agency be
eliminated unless the Legislature enacts a law to extend,
consolidate, or reorganize the agency. Existing law also requires the
committee to review eligible agencies and evaluate and determine
whether each has demonstrated a public need for its continued
existence and to submit a report to the Legislature detailing whether
an agency should be terminated, continued, or whether its functions
should be modified.
   This bill would abolish the Joint Sunset Review Committee on
January 1 or an unspecified year. The bill would, commencing on that
same January 1, establish the California Sunset Review Commission
within the executive branch to assess the continuing need for any
agency, as defined, to exist. The commission would consist of 10
members, with 8 members appointed by the Governor and 2 Members of
the Legislature each appointed by the Senate Committee on Rules and
the Speaker of the Assembly, subject to specified terms. The
commission would be under the direction of a director appointed by
the commission members. The bill would require the commission to meet
regularly and to work with each agency subject to review to evaluate
the need for the agency to exist, identify required statutory,
regulatory, or management changes, and develop legislative proposals
to enact those changes. The bill would require the commission to
prepare a report, containing legislative recommendations based on its
agency review, to be submitted to the Legislature and would also
require the commission to meet certain cost-savings standards within
5 years.
   This bill would require an agency to submit a specified
self-evaluation report to the commission prior to its review. The
bill would require the Legislative Analyst's Office to provide the
commission with an estimate of the staffing needed to perform the
commission's work.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9147.7 of the Government Code is amended to
read:
   9147.7.  (a) For the purpose of this section, "eligible agency"
means any agency, authority, board, bureau, commission, conservancy,
council, department, division, or office of state government, however
denominated, excluding an agency that is constitutionally created or
an agency related to postsecondary education, for which a date for
repeal has been established by statute on or after January 1, 2011.
   (b) The Joint Sunset Review Committee is hereby created to
identify and eliminate waste, duplication, and inefficiency in
government agencies. The purpose of the committee is to conduct a
comprehensive analysis over 15 years, and on a periodic basis
thereafter, of every eligible agency to determine if the agency is
still necessary and cost effective.
   (c) Each eligible agency scheduled for repeal shall submit to the
committee, on or before December 1 prior to the year it is set to be
repealed, a complete agency report covering the entire period since
last reviewed, including, but not limited to, the following:
   (1) The purpose and necessity of the agency.
   (2) A description of the agency budget, priorities, and job
descriptions of employees of the agency.
   (3) Any programs and projects under the direction of the agency.
   (4) Measures of the success or failures of the agency and
justifications for the metrics used to evaluate successes and
failures.
   (5) Any recommendations of the agency for changes or
reorganization in order to better fulfill its purpose.
   (d) The committee shall take public testimony and evaluate the
eligible agency prior to the date the agency is scheduled to be
repealed. An eligible agency shall be eliminated unless the
Legislature enacts a law to extend, consolidate, or reorganize the
eligible agency. No eligible agency shall be extended in perpetuity
unless specifically exempted from the provisions of this section. The
committee may recommend that the Legislature extend the statutory
sunset date for no more than one year to allow the committee more
time to evaluate the eligible agency.
   (e) The committee shall be comprised of 10 members of the
Legislature. The Senate Committee on Rules shall appoint five members
of the Senate to the committee, not more than three of whom shall be
members of the same political party. The Speaker of the Assembly
shall appoint five members of the Assembly to the committee, not more
than three of whom shall be members of the same political party.
Members shall be appointed within 15 days after the commencement of
the regular session. Each member of the committee who is appointed by
the Senate Committee on Rules or the Speaker of the Assembly shall
serve during that committee member's term of office or until that
committee member no longer is a Member of the Senate or the Assembly,
whichever is applicable. A vacancy on the committee shall be filled
in the same manner as the original appointment. Three Assembly
Members and three Senators who are members of the committee shall
constitute a quorum for the conduct of committee business. Members of
the committee shall receive no compensation for their work with the
committee.
   (f) The committee shall meet not later than 30 days after the
first day of the regular session to choose a chairperson and to
establish the schedule for eligible agency review provided for in the
statutes governing the eligible agencies. The chairperson of the
committee shall alternate every two years between a Member of the
Senate and a Member of the Assembly, and the vice chairperson of the
committee shall be a member of the opposite house as the chairperson.

   (g) This section shall not be construed to change the existing
jurisdiction of the budget or policy committees of the Legislature.

   (h) This section shall remain in effect only until January 1,
20__, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 20__, deletes or extends
that date. 
  SEC. 2.  Article 7.6 (commencing with Section 9147.9) is added to
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
Code, to read:

      Article 7.6.  California Sunset Review Commission


   9147.9.  This article may be cited as the California Sunset Review
Commission Act.
   9147.11.  For the purpose of this section, the following
definitions shall apply:
   (a) "Agency" means any agency, authority, board, bureau,
commission, conservancy, council, department, division, or office of
state government, however denominated, excluding an agency that is
constitutionally created or an agency related to postsecondary
education.
   (b) "Commission" means the California Sunset Review Commission.
   (c) "Act" means the California Sunset Review Commission Act.
   9147.13.  The California Sunset Review Commission is hereby
created within the executive branch of state government. The
commission shall be located in Sacramento.
   9147.15.  (a) The commission shall consist of 10 members.
   (1) The Governor shall appoint 8 members to serve a term of four
years.
   (2) The Senate Committee on Rules shall appoint one Member of the
Senate to serve a term of two years or until that Member is no longer
a Member of the Senate, whichever is applicable.
   (3) The Speaker of the Assembly shall appoint one Member of the
Assembly to serve a term of two years or until that Member is no
longer a Member of the Assembly, whichever is applicable.
   (b) The commission shall appoint a chairperson from its members
appointed pursuant to paragraph (1).
   (c) The Members of the Legislature appointed to the commission
shall serve at the pleasure of the appointing power and shall
participate in the activities of the commission to the extent that
the participation is not incompatible with their respective positions
as Members of the Legislature.
   (d) A vacancy on the commission shall be filled in the same manner
as the original appointment.
   (e) (1) The members of the commission shall serve without
compensation, except that each member appointed by the Governor shall
receive fifty dollars ($50) for each day's attendance at a meeting
of the commission.
   (2) Each member shall be allowed actual expenses incurred in the
discharge of his or her duties, including travel expenses.
   9147.17.  (a) The commission shall be under the direction of a
director appointed by the commission members.
   (b) The director shall employ sufficient staff to carry out the
commission's responsibilities.
   (c) The Legislative Analyst's Office shall estimate the staffing
needed to manage the workload of the commission.
   9147.19.  (a) The commission shall serve in an advisory capacity
and shall meet regularly to assess and review the continuing need for
an agency to exist.
   (b) Prior to the commission's review of an agency, the commission
staff shall work with each agency to evaluate the need for the agency
to exist, identify required statutory, regulatory, or management
changes, and develop recommendation for legislative proposals to
enact those changes. The commission shall also consult with interest
groups, affected agencies, and other interested parties in reviewing
an agency.
   (c) In carrying out its duties pursuant to this section, the
commission shall evaluate an agency pursuant to the following
criteria, as applicable:
   (1) The efficiency and effectiveness of the agency's operations.
   (2) Whether the agency has been successful in achieving its
mission, goals, and objectives.
   (3) Whether the agency performs duties that are not statutorily
authorized and, if so, identify the authority for those activities
and whether those activities are needed.
   (4) Whether the agency has any authority related to fees,
inspections, enforcement, and penalties.
   (5) Whether the agency's functions and operations could be less
burdensome or restrictive while still serving the public.
   (6) Whether the functions of the agency could be effectively
consolidated or merged with another agency to promote efficiency in
government.
   (7) Whether the agency's programs and jurisdiction duplicate those
of other state agencies.
   (8) Whether the agency promptly and effectively addresses
complaints.
   (9) Whether the agency utilizes public participation for
rulemaking and decisions and, if so, whether it is done in an
effective manner.
   (10) Whether the agency complied with federal and state
requirements regarding equal employment, privacy rights, and
purchasing guidelines for underutilized businesses.
   (11) Whether the agency effectively enforces rules regarding the
potential conflicts of interest of its employees.
   (12) Whether abolishing the agency would cause federal government
intervention or loss of federal funds.
   (13) Whether the agency's statutory reporting requirements
effectively fulfill a useful purpose; and whether there are reporting
requirements of this agency that are duplicative of other agencies
or can effectively be combined or consolidated into another agency
that has similar requirements.
   (d) The commission shall take public testimony from agency staff,
interest groups, and affected parties relating to whether an agency
should continue in existence.
   (e) (1) The commission shall prepare a staff report to be
submitted to the Legislature. The report shall include, but not be
limited to, specific recommendations to the Legislature to enact
legislation to do the following:
   (A) Repeal unnecessary, outdated, or unnecessary statutes,
regulations, and programs.
   (B) Develop reorganization plans that abolish and streamline
existing agencies, if needed.
   (2) A report to the Legislature pursuant to this section shall be
submitted in compliance with Section 9795.
   (3) This subdivision shall become inoperative on January 1, 2018,
pursuant to Section 10231.5
   9147.21.  Prior to review by the commission, an agency shall
submit a self-evaluation report to the commission. The report shall
include, but not be limited to, the criteria described in subdivision
(c) of Section 9147.19.
   9147.23.  In order to ensure accountability, the commission shall
demonstrate a 5-to-1 cost savings within the first five years of
sunset review hearings, and every five years thereafter. For every
dollar it costs to run the commission, five dollars ($5) shall be
saved in streamlining the government process and eliminating
unnecessary agencies.
   9147.25.  This article shall become operative on January 1, 20__.
  SEC. 3.  Section 9148.8 of the Government Code is amended to read:
   9148.8.  (a) The appropriate policy committee of the Legislature
may evaluate a plan prepared pursuant to Section 9148.4 or 9148.6.
The chairperson of a policy committee may alternatively require that
the Joint Sunset Review Committee evaluate and provide
recommendations on any plan prepared pursuant to Section 9148.4 or
9148.6, or any other legislative issue or proposal to create a new
state board.
   (b) The Joint Sunset Review Committee shall provide to the
respective policy and fiscal committees of the Legislature any
evaluation and recommendations prepared pursuant to this section.
   (c) If an appropriate policy committee does not evaluate a plan
prepared pursuant to Section 9148.6, then the Joint Sunset Review
Committee shall evaluate the plan and provide recommendations to the
Legislature. 
   (d) This section shall remain in effect only until January 1,
20__, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 20__, deletes or extends
that date. 
  SEC. 4.  Section 9148.8 is added to the Government Code, to read:
   9148.8.  (a) The appropriate policy committee of the Legislature
may evaluate a plan prepared pursuant to Section 9148.4 or 9148.6.
The chairperson of a policy committee may alternatively require that
the California Sunset Review Commission evaluate and provide
recommendations on any plan prepared pursuant to Section 9148.4 or
9148.6, or any other legislative issue or proposal to create a new
state board.
   (b) The California Sunset Review Commission shall provide to the
respective policy and fiscal committees of the Legislature any
evaluation and recommendations prepared pursuant to this section.
   (c) If an appropriate policy committee does not evaluate a plan
prepared pursuant to Section 9148.6, then the California Sunset
Review Commission shall evaluate the plan and provide recommendations
to the Legislature.
   This section shall become operative on January 1, 20__.
  SEC. 5.  Section 9148.50 of the Government Code is amended to read:

   9148.50.  The Legislature finds and declares all of the following:

   (a) California's multilevel, complex governmental structure today
contains more than 400 categories of administrative or regulatory
boards, commissions, committees, councils, associations, and
authorities.
   (b) These administrative or regulatory boards, commissions,
committees, councils, associations, and authorities have been
established without any method of periodically reviewing their
necessity, effectiveness, or utility.
   (c) As a result, the Legislature and residents of California
cannot be assured that existing or proposed administrative or
regulatory boards, commissions, committees, councils, associations,
and authorities adequately protect the public health, safety, and
welfare. 
   (d) This section shall remain in effect only until January 1,
20__, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 20__, deletes or extends
that date. 
  SEC. 6.  Section 9148.51 of the Government Code is amended to read:

   9148.51.  (a) It is the intent of the Legislature that all
existing and proposed eligible agencies, as defined in subdivision
(a) of Section 9147.7, be subject to review to evaluate and determine
whether each has demonstrated a public need for its continued
existence in accordance with enumerated factors and standards as set
forth in Article 7.5 (commencing with Section 9147.7).
   (b) If any state board becomes inoperative or is repealed in
accordance with the act that added this section, any provision of
existing law that provides for the appointment of board members and
specifies the qualifications and tenure of board members shall not be
implemented and shall have no force or effect while that state board
is inoperative or repealed.
   (c) Any provision of law authorizing the appointment of an
executive officer by a state board subject to the review described in
Article 7.5 (commencing with Section 9147.7), or prescribing his or
her duties, shall not be implemented and shall have no force or
effect while the applicable state board is inoperative or repealed.

   (d) This section shall remain in effect only until January 1,
20__, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 20__, deletes or extends
that date. 
  SEC. 7.  Section 9148.52 of the Government Code is amended to read:

   9148.52.  (a) The Joint Sunset Review Committee established
pursuant to Section 9147.7 shall review all eligible agencies.
   (b) The committee shall evaluate and make determinations pursuant
to Article 7.5 (commencing with Section 9147.7).
   (c) Pursuant to an evaluation made as specified in this section,
the committee shall make a report which shall be available to the
public and the Legislature on whether an agency should be terminated,
or continued, or whether its functions should be revised or
consolidated with those of another agency, and include any other
recommendations as necessary to improve the effectiveness and
efficiency of the agency. If the committee deems it advisable, the
report may include proposed legislative proposals that would carry
out its recommendations. 
   (d) This section shall remain in effect only until January 1,
20__, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 20__, deletes or extends
that date.