BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 127
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          ASSEMBLY THIRD READING
          AB 127 (Jeffries)
          As Amended  January 4, 2010
          Majority vote 

           BUSINESS & PROFESSIONS     11-0 APPROPRIATIONS      17-0        
           
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          |Ayes:|Hayashi, Emmerson,        |Ayes:|De Leon, Conway, Ammiano, |
          |     |Conway, Eng,              |     |Bradford, Charles         |
          |     |Hernandez, Hill, Nava,    |     |Calderon, Coto, Davis,    |
          |     |Niello,                   |     |Fuentes, Hall, Harkey,    |
          |     |John A. Perez, Ruskin,    |     |Miller, Nielsen, John A.  |
          |     |Smyth                     |     |Perez, Skinner, Solorio,  |
          |     |                          |     |Audra Strickland,         |
          |     |                          |     |Torlakson                 |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Repeals the Office for Citizen Initiative and  
          Voluntary Action (OCIVA) and establishes the Office of  
          California Volunteers (Office) within the Governor's Office.   
          Specifically,  this bill  :  

          1)Specifies the duties and responsibilities of the Office.

          2)Requires the Office, in cooperation with the Health and Human  
            Services Agency, the California Emergency Management Agency  
            (CEMA), and nonprofit volunteer organizations, to ensure the  
            coordination of volunteer activities related to disaster  
            response and recovery, including necessary training,  
            equipment, and transportation provisions. 

          3)Requires the Office to coordinate monetary donations during  
            times of disaster in cooperation with CEMA. 

          4)Establishes the Secretary of Service and Volunteering, who  
            shall be appointed by the Governor.

          5)Establishes the California Volunteers Commission (Commission)  
            and specifies eligibility, term, and requirements for  
            commissioners.  The Commission shall not exceed 25 members.

          6)Allows the First Lady or First Gentleman of California to  








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            serve as the Commission's Honorary Chairperson (HC). 

          7)Requires the HC or commissioners to serve without  
            compensation, but allows per diem or reimbursement for travel  
            expenses, as appropriate. 

          8)Provides that no more than 50% of the Commission, plus one  
            member, shall be from the same political party. 

           EXISTING STATE LAW  : 

          1)Establishes the California State Government Volunteers Act. 

          2)Establishes OCIVA within the Governor's Office. 

          3)Establishes a 9-member advisory body, the Public Employee  
            Review Committee, within OCIVA to analyze OCIVA, make  
            recommendations and prepare an annual report for the  
            Legislature. 

           EXISTING FEDERAL LAW  establishes the National and Community  
          Service Trust Act (NCSTA) of 1993, which requires each state  
          governor to create and appoint a commission to administer the  
          Americorps volunteer program. 

           FISCAL EFFECT  :  According to Assembly Appropriations Committee,  
          continues annual funding of $34 million ($1 million General  
          Fund) to maintain the Office of California Volunteers at its  
          current funding level.

           COMMENTS  :  According to the author's office, "California  
          Volunteers (CV) is a state agency established by executive order  
          that manages programs and initiatives to increase the number of  
          Californians involved with service and volunteering.  AB 127  
          would, by statute, establish the Office of California Volunteers  
          with the office of the Governor." 

          This bill would codify Governor Schwarzenegger's 2006 Executive  
          Order (EO) S-24-06, which renamed the California Service Corps  
          to CV, recognizes the First Lady as the HC of CV, and allows for  
          travel reimbursement and per diem for the First Lady or CV  
          Commissioners, as appropriate.  AB 127 also allows for a First  
          Gentleman to serve in the capacity as CV's HC.









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          Historically, California state governors have issued  
          non-controversial EOs on the subject of volunteerism following  
          the passage of the 1993 NCSTA, mainly to rename the state  
          volunteer organization.  

          In 1994, Governor Pete Wilson signed EO W-77-94, creating the  
          Commission on Improving Life Through Service.  Since the  
          commission's inception, each First Lady of California has served  
          as the state volunteer commission's HC.

          In 2001, Governor Gray Davis renamed the organization as the  
          Governor's Office On Service and Volunteerism (GO SERV).  In  
          August 2004, the organization was renamed the California Service  
          Corps.

          In December 2006, Governor Schwarzenegger signed EO S-24-06,  
          renaming the organization CV and charging CV with the  
          coordination of volunteer activities related to disaster  
          response and recovery, including necessary training, equipment,  
          and transportation provisions.  In February 2008, Governor  
          Schwarzenegger signed EO S-02-08 to establish the Cabinet-level  
          position of Secretary of Service and Volunteering. 

          CV is the state office charged with managing programs and  
          initiatives to increase the number and impact of Californians  
          involved with service and volunteering, including the state  
          AmeriCorps program, California Citizen Corps, Disaster Corps,  
          California Green Job Corps, Business Partners Program and the  
          Cesar Chavez Day of Service and Learning.  The CV Web site,  
          CaliforniaVolunteers.org, lists more than 45,000 volunteer  
          opportunities throughout the state involving the arts,  
          education, animals, disaster preparedness, the environment, and  
          other areas of interest.  

          It is unclear presently whether this legislation is necessary.   
          Current statute establishes OCIVA, and CV presently has  
          authority to operate under EO S-25-06; no further legislative  
          action is required to keep CV operating.  
           

          Analysis Prepared by  :    Joanna Gin / B. & P. / (916) 319-3301 











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