BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 28|
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CONSENT
Bill No: AB 28
Author: Huber (D)
Amended: 7/6/11 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 7-0, 6/21/11
AYES: DeSaulnier, Gaines, Huff, Kehoe, Lowenthal, Rubio,
Simitian
NO VOTE RECORDED: Harman, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/26/11 (Consent) - See last page
for vote
SUBJECT : Governmental organization
SOURCE : Author
DIGEST : This bill deletes obsolete references to the
Reciprocity Commission within the Department of Motor
Vehicles, the Office for Citizen Initiative and Voluntary
Action, and the Public Employee Review Committee. This
bill also clarifies the responsibility as to who shall
evaluate a plan to create a new state board, advisory
board, or new category of licensed professional.
ANALYSIS : The Governor's Office for Citizen Initiative
and Voluntary Action (OCIVA) was created to advocate and
encourage citizen initiative and volunteer action.
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However, the OCIVA has not been funded or operative since
1978-1979. The Public Employee Review Committee is an
advisory body under the OCIVA. CaliforniaVolunteers is
charged with increasing service and volunteering in
California, and operates under Governor's Executive Order
S-04-06, S-24-06, S-02-08.
Existing law requires that the author or sponsor of
legislation creating a new state board, advisory board, or
new category of licensed professional develop a plan that
includes, but is not limited to, the following:
1. A description of the problem that the creation of the
specific state board or new category of licensed
professional would address, including the specific
evidence of need for the state to address the problem;
2. The reasons why this proposed state board or new
category of licensed professional was selected to
address this problem, including the full range of
alternatives considered and the reason why each of these
alternatives was not selected;
3. The specific public benefit or harm that would result
from the establishment of the proposed state board or
new category of licensed professional, the specific
manner in which the proposed state board or new category
of licensed professional would achieve this benefit, and
the specific standards of performance which shall be
used in reviewing the subsequent operation of the board
or category of licensed professional;
4. The specific source or sources of revenue and funding to
be utilized by the proposed state board or new category
of licensed professional in achieving its mandate;
5. A description of the problem that the proposed advisory
state board would address; and,
6. A listing of those currently established state advisory
and administrative entities addressing the same or
similar problems.
The Joint Committee on Boards, Commissions, and Consumer
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Protection (JCBCCP) was tasked with reviewing these plans,
although this power was never exercised. The enabling
legislation for the Joint Sunset Review Committee (JSRC),
AB 2130 (Huber), Chapter 670, Statutes of 2010, eliminated
JCBCCP.
Existing law creates the Reciprocity Commission
(Commission) to examine the legal requirements for
commercial vehicle registration by foreign jurisdictions
and to grant reciprocal privileges to out-of-state
vehicles. It prescribes the membership of the Commission
as the Lieutenant Governor, the Director of the Department
of Motor Vehicles (DMV), the Director of the California
Department of Transportation, the State Controller, and the
Commissioner of the California Highway Patrol. Existing
law authorizes the Commission to enter into agreements on
behalf of the State of California with foreign
jurisdictions for the registration of foreign vehicles.
The Attorney General must approve all reciprocity
agreements, rules, and regulations authorized by the
Commission.
Federal law permits California to enter into the
International Registration Plan Agreement to collect
registration fees for commercial vehicles that operate on
an interstate basis. Under this International Registration
Program (IRP), states, the District of Columbia, and
Canadian provinces collect registration fees for vehicles
based in their jurisdictions, and then share those fees
based on the amount a particular vehicle operates in each
jurisdiction. State law empowers the commission to enter
into the IRP on behalf of California. California entered
the IRP in 1985, thus making the bilateral reciprocity
agreements and much of the work of the Commission obsolete.
This bill:
1. Deletes from state law the Commission, provisions
governing its administration and duties, authorization
for reciprocal registration agreements, and the duty of
the Attorney General to approve its agreements, and
transfers the authority held by the commission to enter
into and become a member of the International
Registration Plan Agreement to the director of the DMV
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or his/her designee.
2. Deletes from State law the OCIVA within the Office of
the Governor, and the Public Employee Review Committee
as an advisory board within the OCIVA.
3. Delegates the responsibility to evaluate a plan to
create a new state board, advisory board, or new
category of licensed professional to the appropriate
policy committee of the Legislature. Allows the
chairperson of the policy committee may refer the plan
to the JSRC, and any evaluations or recommendations of
JSRC shall be provided to the respective policy and
fiscal committees of the Legislature. Furthermore, if
an appropriate policy committee does not evaluate this
plan, then it shall be the responsibility of JSRC to
evaluate a proposal to create a new board and to make
recommendations to the Legislature.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 75-0, 5/26/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Carter,
Chesbro, Conway, Cook, Dickinson, Donnelly, Eng, Feuer,
Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal,
Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
P�rez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Campos, Cedillo, Davis, Gorell, Jones
JJA:kc 7/11/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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