BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1317|
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THIRD READING
Bill No: AB 1317
Author: Frazier (D)
Amended: 8/28/13 in Senate
Vote: 27 - Urgency
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 11-0, 6/11/13
AYES: Wright, Nielsen, Berryhill, Calderon, Cannella, Correa,
De León, Galgiani, Hernandez, Lieu, Padilla
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 4/25/13 (Consent) - See last page for
vote
SUBJECT : State government operations: Governor's
Reorganization Plan No. 2
of 2012
SOURCE : Author
DIGEST : This bill enacts the statutory changes to make
conforming name changes to properly reflect the assignment and
reorganization of the functions of state government among the
newly established executive entities and officers; and becomes
operative on July 1, 2013.
Senate Floor Amendments of 8/28/13 make a number of technical
changes by removing approximately 23 sections from the bill and
accommodating changes made to other sections of law by various
Budget Trailer bills. The amendments also make other conforming
CONTINUED
AB 1317
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changes to reflect the organizational changes stemming from the
Governor's Reorganization Plan No. 2 of 2012 (GRP 2), effective
on July 3, 2012, and operative on July 1, 2013.
ANALYSIS : 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: (1)
Business, Consumer Services, and Housing; (2) Government
Operations; (3) Corrections and Rehabilitation; (4) Labor and
Workforce Development; (5) California Health and Human Services;
(6) Environmental Protection; (7) Natural Resources; and (8)
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.
This bill enacts the statutory changes to make conforming name
changes to properly reflect the assignment and reorganization of
the functions of state government among the newly established
executive entities and officers; and becomes operative on July
1, 2013.
Background
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.
Existing law prohibits a GRP from (1) extending the authority of
an agency or a function beyond the period authorized by law; (2)
authorizing any agency to exercise any function not expressly
authorized by law; (3) increasing the term of an office beyond
that provided by law; or (4) abolishing any agency created by
the California Constitution or transferring jurisdiction and
control of a function by the California Constitution.
The GRP process . A reorganization plan may be 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
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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.
Implementation of a GRP . After the effective date of a GRP, the
Office of Legislative Counsel, prepares a bill for introduction
that conforms 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 76-0, 4/25/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Cooley, Lowenthal, Nazarian, Vacancy
AB 1317
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MW:ej 8/29/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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