BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1317| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. CONTINUED AB 1317 Page 2 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 CONTINUED AB 1317 Page 3 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, CONTINUED AB 1317 Page 4 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 **** END **** CONTINUED