BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           127 (Jeffries)
          
          Hearing Date:  8/12/2010        Amended: 6/15/2010
          Consultant:  Bob Franzoia       Policy Vote: G O 6-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY: AB 127 would repeal statutes establishing the  
          Office for Citizen Initiative and Voluntary Action within the  
          Governor's Office and instead enact provisions establishing the  
          Office of California Volunteers within the Governor's Office,  
          specifying the duties and responsibilities of the office and  
          requiring that the office be led by the Secretary of Service of  
          Volunteering, who would be appointed by, and serve at the  
          pleasure of the Governor.  This bill would establish the  
          California Volunteer Commission, which would serve as  
          California's "State Commission" for purposes of the federal  
          National and Community Service Trust Act of 1993 and its  
          implementing rules and regulations.   
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
           Codification of executive                      $300 to $900  
          annually                          General*
          Order (S-02-08)                                         

          * $28,000 (estimated 2010-11 amount) from federal trust funds  
          annually
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: SUSPENSE FILE.
          
          Executive Order S-02-08 stated that the California Volunteers  
          will be headed by a Secretary of Service and Volunteering, who  
          shall be appointed by, and who shall serve at the pleasure of,  
          the Governor.  Also, the existing California Volunteers  
          Commission will continue to serve as California's "State  
          Commission" for purposes of the National and Community Service  
          Trust Act (42 U.S.C.  12501 et seq.) and its implementing rules  
          and regulations. 











          Article 7, Section 4 of the California Constitution provides the  
          following:
          SEC. 4.  The following are exempt from civil service:
             (a) Officers and employees appointed or employed by the
          Legislature, either house, or legislative committees.
             (b) Officers and employees appointed or employed by councils,
          commissions or public corporations in the judicial branch or by  
          a
          court of record or officer thereof.
             (c) Officers elected by the people and a deputy and an  
          employee
          selected by each elected officer.
             (d) Members of boards and commissions.
             (e) A deputy or employee selected by each board or commission
          either appointed by the Governor or authorized by statute.
             (f) State officers directly appointed by the Governor with or
          without the consent or confirmation of the Senate and the  
          employees
          Page 2
          AB 127 (Jeffries)

          of the Governor's office, and the employees of the Lieutenant
          Governor's office directly appointed or employed by the  
          Lieutenant
          Governor.
             (g) A deputy or employee selected by each officer, except  
          members
          of boards and commissions, exempted under Section 4(f).

          Thus, authorizing the Governor to appoint a state officer  
          pursuant to Section 4 (f) also authorizes that officer to select  
          a deputy or employee pursuant to Section 4 (g).