BILL ANALYSIS Ó
Bill No: AB
1317
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2013-2014 Regular Session
Staff Analysis
AB 1317 Author: Frazier
As Amended: March 21, 2013
Hearing Date: June 11, 2013
Consultant: Paul Donahue
SUBJECT
State government operations: Governor's Reorganization No.
2 of 2012
DESCRIPTION
Existing law and the Governor's Reorganization Plan No. 2
of 2012 (GRP 2), effective on July 3, 2012, and operative
on July 1, 2013, assigns and reorganizes the functions of
state government among executive officers and agencies by
creating the following general agency structure in the
executive branch:
a) Business, Consumer Services, and Housing
b) Government Operations
c) Corrections and Rehabilitation
d) Labor and Workforce Development
e) California Health and Human Services
f) Environmental Protection
g) Natural Resources; and
h) Transportation.
In creating the new general agency structure listed above,
GRP abolished certain existing state entities and offices,
including, among others, the Business, Transportation and
Housing Agency and its secretary.
In general, this bill enacts the statutory changes to make
conforming name changes to properly reflect the assignment
AB 1317 (Frazier) continued
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and reorganization of the functions of state government
among the newly established executive entities and
officers.
BACKGROUND
The California Constitution authorizes the Legislature to
delegate to the Governor the authority to assign and
reorganize functions among executive branch officers,
agencies and their employees. The Governor's authority to
reorganize does not extend to other constitutional offices.
Existing law specifies the process for a reorganization and
places limits on that authority.
Existing law sets forth the purposes of the Governor's
reorganization authority, providing in the form of a GRP a
means by which the Governor can reorganize government to
promote improved strategies for:
Executing the law,
Managing state government,
Reducing expenditures,
Increasing efficiency,
Improving coordination among agencies and functions,
Reducing the number of agencies, and
Eliminating duplication and overlap among agencies.
To achieve those goals, the Governor can use a GRP to
transfer functions among state agencies, eliminate
functions or entire agencies, consolidate operations or
specific functions, and establish new entities to perform
the functions of an existing entity.
State law prohibits a GRP from:
Extending the authority of an agency or a function beyond
the period authorized by law.
Authorizing any agency to exercise any function not
expressly authorized by law.
Increasing the term of an office beyond that provided by
law, or
Abolishing any agency created by the California
Constitution or transferring jurisdiction and control of a
function by the California Constitution.
1)How the process works : A reorganization plan may be
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delivered to the Legislature at any time during a regular
session, provided the Legislature has at least 60
calendar days of a continuous session to consider the
plan. The Governor's plan becomes effective on the 61st
day after it is given to the Legislature, unless either
the Senate or the Assembly adopts a resolution rejecting
the plan. The resolution requires a majority vote.
At least 30 days prior to submitting a GRP to the
Legislature, the Governor must provide a copy to the
Little Hoover Commission, in its advisory capacity. The
Commission must review the plan and submit a report to
the Legislature within 30 days of transmission to the
Legislature.
2)Implementation of a GRP : After the effective date of a
GRP, Legislative Counsel prepares a bill for introduction
that would conform the statutes to the GRP. The GRP
itself does not amend the statutes. However, unless
either house of the Legislature does not affirmatively
reject the GRP, it becomes law whether or not an
implementing bill is passed.
Typically, implementing legislation, in one or more
bills, is passed in the year following the effective date
of a GRP. While the GRP itself cannot be amended by the
Legislature, implementing legislation can modify a GRP's
provisions.
A GRP may provide for the appointment of individuals,
subject to Senate confirmation, to lead an entity that
results from consolidation or other type of
reorganization.
PRIOR/RELATED LEGISLATION
GRP 2, 2011-2012 Session. Reorganized the Executive Branch
of state government. GRP 2 took effect on July 3, 2012.
SUPPORT:
None on file
OPPOSE:
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None on file
FISCAL COMMITTEE: Senate Appropriations Committee
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