BILL ANALYSIS
AB 1659
Page 1
Date of Hearing: April 6, 2010
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 1659 (Huber) - As Introduced: January 19, 2010
SUBJECT : State government: agency repeals.
SUMMARY : Recasts provisions of existing law governing the
periodic review (known as "Sunset Review") of boards, bureaus
and commissions under the Department of Consumer Affairs (DCA).
Specifically, this bill :
1)Establishes a new Joint Sunset Review Committee (JSRC), as
specified.
2)Requires each agency scheduled for repeal, on or before
December 1 prior to the year it is set to be repealed, to
submit to JSRC a complete agency report covering the entire
period since it was last reviewed, to include, but not be
limited to:
a) The purpose and necessity of the agency;
b) A description of the agency budget, priorities, and job
descriptions of employees of the agency;
c) All programs and projects under the direction of the
agency;
d) Measures of the success or failures of the agency and
justifications for the metrics used to evaluate successes
and failures; and,
e) Any recommendations of the agency for changes or
reorganization in order to better fulfill its purpose.
3)Requires JSRC to take public testimony and evaluate the agency
prior to the date the agency is scheduled to be repealed.
4)Requires the elimination of any agency unless the Legislature
enacts a law, based upon a recommendation endorsed by a vote
of the majority of the members of the committee, to extend,
consolidate, or reorganize the agency.
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5)Prohibits an agency from extending in perpetuity unless
specifically exempted from the provisions of this bill.
6)Allows JSRC to recommend that the Legislature extend the
statutory sunset date for no more than one year to allow JSRC
more time to evaluate the agency.
7)Specifies that JSRC shall be comprised of nine member of the
Legislature as follows:
a) Three Senators appointed by the President pro Tempore of the
Senate, not more than two of whom shall be members of the
same political party;
b) Three Assembly Members appointed by the Speaker of the
Assembly, not more than two of whom shall be members of the
same political party; and,
c) Three members of the Legislature, appointed by the Governor
with the advice and consent of the Senate, not more than
two of whom shall be members of the same political party.
8)Requires JSRC to meet no later than 30 days after the first
day of the regular session to choose a chairperson and to
establish the schedule for agency review provided for in the
statutes governing the agencies.
9)Defines "agency" to mean any agency, authority, board, bureau,
commission, conservancy, council, department, division, or
office of state government, however denominated, excluding an
agency that is constitutionally created or an agency related
to postsecondary education.
10)States legislative intent.
EXISTING LAW :
1)Establishes the Joint Committee on Boards, Commissions and
Consumer Protection (Joint Committee) to hold public hearings
at specified times and to evaluate whether a board or
regulatory program has demonstrated a need for its continued
existence.
2)States legislative intent that all existing and proposed state
boards be subject to review every four years to evaluate and
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determine whether each has demonstrated a public need for its
continued existence, as specified.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office,
"Legislators create new boards, commissions, agencies and
departments to solve a problem and then does not maintain
oversight of the newly created bureaucracy to ensure it actually
solved the problem it was created to solve or determine whether
the problem is worse. This systemic problem can be fixed by
conducting comprehensive, regular reviews of state government to
ensure taxpayer dollars are being used wisely.
"As introduced, this bill would require that an agency be
automatically eliminated unless the Legislature votes to extend
consolidate, or reorganize the agency based on the
recommendation of the Joint Sunset Review committee. Prior to
the committee's recommendation, each agency scheduled for sunset
would be required to submit a report to the committee. Then the
committee would take public testimony and evaluate the agency
prior to the date the agency is scheduled to be sunset.
"AB 1659 provides a bipartisan, common sense approach for the
Legislature to maintain oversight and review of the state's
bureaucracy and its performance."
Background . This bill is consistent with provisions of existing
law governing the sunset review process for boards and bureaus
under DCA. Because the bill does not establish new sunset dates
for any state agencies, this bill is limited to the boards and
bureaus under DCA already scheduled for sunset review pursuant
to existing law.
In 1994, the Legislature established the Joint Committee and a
process for routinely reviewing the performance of the
semiautonomous boards. The Joint Committee begins its review
process by sending a board a questionnaire and a request for
information covering every aspect of the board's operation for a
specified period. Although Joint Committee staff and the board
meet to discuss the information and to seek input from consumer
groups, all the information supplied to the Joint Committee
comes from the board itself. The basic issue for the Joint
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Committee to consider during its deliberations is whether the
board should continue to regulate the profession in question or
be terminated. The Joint Committee gives the board an
opportunity to respond to its recommendations before presenting
them to the Legislature. As a result of its review, the Joint
Committee might recommend that the Legislature terminate, or
"sunset," a board. The 1994 law provides only for the
elimination of a board, not for the actual deregulation of the
profession. Upon a board's sunset, the board then becomes a
bureau under DCA. The Joint Committee has not been staffed, nor
has conducted any hearings in the past few years.
This bill establishes a similar process to the Joint Committee
for evaluating the efficiency of state government except for the
following key provisions:
1)The makeup of the JSRC includes an additional three members
which are appointed to the Committee by the Governor.
The California Constitution clearly delineates the government's
separation of powers in Article III, Section 3: "The powers of
state government are legislative, executive, and judicial.
Persons charged with the exercise of one power may not exercise
either of the others?." The legislative branch has the
authority to make laws; the executive branch, to administer
laws; and the judicial branch, to interpret laws and ensure that
they are applied justly and equitably. As part of the system
of checks and balances, the Legislature has statutory influence
over the funding, organization, and procedures used by
administrative agencies of the executive branch. To allow the
Governor direct influence in the Legislature's oversight of the
executive branch through these appointments is in direct
contravention of the principles of California government.
2)This bill requires the elimination of any agency unless the
Legislature enacts a law, based upon a recommendation endorsed
by a vote of the majority of the members of JSRC to extend,
consolidate, or reorganize the agency. Further, the
Legislature may not extend the statutory sunset date for more
than one year.
These provisions substantially restrict the Legislature's
powers. This bill would restrict the actions of both houses of
the Legislature to the recommendations of the JSRC, and abrogate
the Legislature's discretion in setting sunset dates. This is
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not consistent with existing legislative rules and procedures.
Joint Rule 36 states that committees may be created "to
ascertain facts and to make recommendations as to any subject
within the scope of legislative regulation or control." The
whole legislature is not bound by the decisions of a
subcommittee. It is also the general rule that one legislative
body cannot limit or restrict its own power or that of
subsequent legislatures and that the act of one Legislature does
not bind its successors. Further, one Legislature cannot enact
irrepealable legislation or limit or restrict its own power or
the power of successors as to the repeal of statutes. [In re
Collie, 38 Cal.2d 396(1952)]
Proposed amendments . In order to address the above concerns,
the Author has agreed to amend this bill as follows:
1)Delete the provision permitting the Governor to appoint
members to the JSRC, and instead increase the membership of
the JSRC to 10, five appointed by the President pro Tem of the
Senate, and five appointed by the Speaker of the Assembly. No
more than three members from each house may be of the same
political party.
2)Delete the restrictions limiting the Legislature's ability to
only take action to those recommended by the JSRC.
Related legislation currently pending before the Committee . AB
2130 (Huber), the companion measure to this bill, and currently
pending before the Committee, repeals the Joint Committee and
instead makes specified DCA boards subject to review by JSRC
under this bill. AB 2130 is double-jointed to this bill.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
Sierra Club California
Analysis Prepared by : Rebecca May / B. & P. / (916) 319-3301