BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1317
          Author:   Frazier (D)
          Amended:  9/6/13 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 9/6/13 make technical changes by  
          deleting several sections from the bill to remove conflicts with  
          other bills that enact changes to the same sections of law; and  
          make other technical, clarifying changes.
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           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  
          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  

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          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  
          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,  

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            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


          MW:ej  9/9/13   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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