BILL ANALYSIS �
AB 28
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CONCURRENCE IN SENATE AMENDMENTS
AB 28 (Huber)
As Amended August 18, 2011
Majority vote
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|ASSEMBLY: |75-0 |(May 26, 2011) |SENATE: |37-0 |(July 14, |
| | | | | |2011) |
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Original Committee Reference: TRANS.
SUMMARY : Serves as a vehicle for code updates promulgated by
the Joint Sunset Review Committee.
The Senate amendments :
1)Repeal enabling statute for the Office for Citizen Initiative
and Voluntary action within the Office of the Governor.
2)Delete obsolete operative dates relative to Legislative
Oversight of State Board Formation and Licensed Professional
Practice.
3)Delete references to now obsolete Joint Committee on Boards,
Commissions, and Consumer Protection whose functions were
replaced by the newly created Joint Sunset Review Committee.
4)Grant the chair of a policy committee authority to evaluate
plans produced for the establishment and operation of a
proposed state board or new category of licensed professional
(plan).
5)Require that the Joint Sunset Review Committee evaluate and
provide recommendations to the Legislature regarding the plan,
in the absence of an evaluation by the appropriate policy
committee.
6)Provides that the author or sponsor of legislation that
creates a new state board is not required to prepare an
establishment and operation plan as long as the board's
primary purpose is to advise on the licensing and regulation
of a profession.
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EXISTING LAW :
1)Creates various Boards and Commissions whose functions are now
obsolete.
2)Requires the author or sponsor of the legislation establishing
a new state board to prepare a plan describing the problem
that the board would address and listing state entities that
currently address the same or similar problems.
AS PASSED BY THE ASSEMBLY , this bill:
1)Deleted provisions related to the Reciprocity Commission
(Commission) in various statutes.
2)Transferred the authority held by the Commission to enter into
and become a member of the International Registration Program
(IRP) agreement to the Department of Motor Vehicles (DMV).
3)Made other related clarifying changes.
FISCAL EFFECT : Unknown
COMMENTS : The Governor's Office for Citizen Initiative and
Voluntary Action (OCIVA), created in 1978, was never funded or
operative. According to the author, various other commissions
within California government have provided similar function.
Currently, California Volunteers, created by Executive Order in
2006, is charged with ensuring the coordination of volunteer
activities related to disaster response and recovery, including
necessary training, equipment, and transportation provisions.
In addition to deleting obsolete operative dates with regard to
the creation of a state board or category of licensed
professional, this bill would also authorize the chair of a
policy committee the authority to evaluate plans produced for
the establishment and operation of a proposed state board or new
category of licensed professional (plan). If the chair of a
policy committee declined to conduct the evaluation, this bill
would require that the evaluation be performed by the Joint
Sunset Review Committee who, in turn, would provide
recommendations regarding the plan to the Legislature.
The Commission was created in 1959 so that California could
enter into agreements with foreign jurisdictions with regard to
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the payment of license, registration, and regulatory fees for
commercial vehicles travelling across states, but registered in
only one. At that time, reciprocal agreements existed between
individual states and foreign jurisdictions (Canada).
In the early 1960s, individual reciprocity agreements were
becoming inadequate to meet the needs of expanding interstate
and international commerce. In the late 1960s and early 1970s
the concept of the IRP agreement was conceived. The IRP
agreement is a federally encouraged program to facilitate
commercial vehicle registration and operation among states and
Canadian provinces. IRP agreement member jurisdictions collect
registration fees from their 'home based' interstate trucking
companies on behalf of each member jurisdiction in which the
companies operate and register.
The author notes after California entered into the IRP agreement
in 1985, the duties of the Commission became obsolete. The
purpose of this legislation is to delete references to the
Commission from statute and delegate authority to administer
provision of IRP agreements directly to the DMV.
With regard the current requirement that an author or sponsor of
legislation establishing a new state board prepare a planning
document, the author contends that with regard to development of
licensing boards, this information is already provided as part
of the legislative process and the preparation of a separate
planning document is unnecessary and redundant.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093 FN:
0002028