BILL NUMBER: AB 2213 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2012
INTRODUCED BY Assembly Member Donnelly
FEBRUARY 24, 2012
An act to amend Section 9148.8 of, to add Chapter 8.2
(commencing with Section 11820) to Part 1 of Division 3 of Title 2 of
, and to repeal Article 7.5 (commencing with Section 9147.7)
and Article 8.5 (commencing with Section 9148.50) of Chap
ter 1.5 of Part 1 of Division 2 of Title 2 of, the Government
Code, relating to government reorganization, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2213, as amended, Donnelly. Government reorganization:
realignment or closure.
The State Government Strategic Planning and Performance and Review
Act requires each state agency, department, office, and commission
for which strategic planning efforts are recommended to develop a
strategic plan, as specified, that identifies, among other things,
the steps being taken to develop performance measures to implement a
performance budgeting system or a performance review. The act also
requires that these entities report to the Governor and the Joint
Legislative Budget Committee by April 1 of each year on the steps
being taken to develop and adopt a strategic plan. Existing law
creates a Bureau of State Audits and requires it to conduct audits of
state and local government agencies, as specified. The activities of
the Bureau of State Audits are funded by the State Audit Fund, which
is continuously appropriated for these purposes.
This bill would establish the Bureaucracy Realignment and Closure
Commission in state government with a specified membership. Beginning
on January 1, 2014, the Controller, the Director of Finance, the
Legislative Analyst, the Milton Marks "Little Hoover" Commission on
California State Government Organization and Economy, and the State
Auditor would be required to develop recommendations for the closure
or realignment of state bureaucracies for consideration by the
commission. By requiring money in the State Audit Fund to be spent
for a new purpose, this bill would make an appropriation. The
commission, not later than July 15, 2015, would be required to submit
a report of its final recommendations to the Governor and the
Legislature that establishes a list of state bureaucracies that are
proposed to be realigned or abolished.
The bill would also require the commission to independently
evaluate the recommendations, conduct 3 public hearings, and, by
January 1, 2015, to have at least one member of the commission visit
each state bureaucracy considered for realignment or closure. The
bill would require the Governor, upon approval of the list of
recommendations, to prepare the list as a reorganization plan and to
submit the plan to the Legislature under statutory provisions that
apply to the Governor's reorganization plans.
This
The bill would appropriate $250,000 from the General
Fund to the commission to defray costs incurred during its first year
of operation.
Existing law establishes the Joint Sunset Review Committee to
identify and eliminate waste, duplication, and inefficiency in
government agencies and to conduct a comprehensive analysis of every
eligible agency, as defined, that is scheduled for repeal to
determine if the agency is still necessary and cost effective.
Existing law also requires the committee to assist in the evaluation
of legislation creating new state boards or new categories of
licensed professionals.
This bill would eliminate the Joint Sunset Review Committee and
make conforming changes to related provisions.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 7.5 (commencing with Section
9147.7) of Chapter 1.5 of Part 1 of Division 2 of Title 2
of the Government Code is repealed.
SEC. 2. Section 9148.8 of the
Government Code is amended to read:
9148.8. (a) The appropriate
policy committee of the Legislature may evaluate a plan prepared
pursuant to Section 9148.4 or 9148.6. The chairperson of a
policy committee may alternatively require that the Joint Sunset
Review Committee evaluate and provide recommendations on any plan
prepared pursuant to Section 9148.4 or 9148.6, or any other
legislative issue or proposal to create a new state board.
(b) The Joint Sunset Review Committee shall provide to the
respective policy and fiscal committees of the Legislature any
evaluation and recommendations prepared pursuant to this section.
(c) If an appropriate policy committee does not evaluate a plan
prepared pursuant to Section 9148.6, then the Joint Sunset Review
Committee shall evaluate the plan and provide recommendations to the
Legislature.
SEC. 3. Article 8.5 (commencing with Section
9148.50) of Chapter 1.5 of Part 1 of Division 2 of Title 2
of the Government Code is repealed.
SECTION 1. SEC. 4. Chapter 8.2
(commencing with Section 11820) is added to Part 1 of Division 3 of
Title 2 of the Government Code, to read:
CHAPTER 8.2. BUREAUCRACY REALIGNMENT AND CLOSURE ACT OF 2013
11820. It is the intent of the Legislature that this chapter
ensure that a timely, independent, and fair process for realigning or
closing outdated or ineffective and inefficient governmental
agencies, bureaucracies, boards, and commissions is initiated.
11821. This chapter shall be known, and may be cited, as the
Bureaucracy Realignment and Closure Act of 2013.
11822. (a) "Commission" means the Bureaucracy Realignment and
Closure Commission established pursuant to Section 11823.
(b) "Management experience" means a person who possesses a master
of arts degree, an equivalent degree or equivalent business
experience, or a more advanced degree in the field of business
management or public administration.
(c) "State bureaucracy" means every state agency, office, officer,
department, division, bureau, board, or commission. Notwithstanding
subdivision (a) of Section 11000, "state bureaucracy" and "state
agency" include the California State University.
11823. (a) The Bureaucracy Realignment and Closure Commission is
hereby established in state government. By April 1, 2014, the
Governor shall appoint the members of the commission, as follows:
(1) One member who shall be appointed upon consultation with the
Speaker of the Assembly.
(2) One member who shall be appointed upon consultation with the
minority leader of the Assembly.
(3) One member who shall be appointed upon consultation with the
President pro Tempore of the Senate.
(4) One member who shall be appointed upon consultation with the
minority leader of the Senate.
(5) Four Three members, at
the Governor's discretion, subject to confirmation by the Senate.
(b) The appointments to be made pursuant to paragraphs (1) to (4),
inclusive, shall be made by the Governor, at his or her discretion,
with advice from the legislative leader specified in each paragraph.
(c) Each member of the commission shall have had management
experience prior to his or her appointment to the commission.
(d) The Governor shall designate one of the members to be
chairperson of the commission.
(e) Each member of the commission shall be a United States citizen
and a resident of this state.
(f) The commission may employ, pursuant to laws and regulations
governing state civil service, an executive secretary and any
clerical, professional, and technical assistants as may appear
necessary.
11824. (a) None of the members appointed to the commission shall
have had a paid position with a federal, local, or state governmental
agency within five years prior to the date of his or her
appointment.
(b) No member appointed to the commission shall be any of the
following:
(1) A party to an ongoing contract with a federal, local, or state
governmental agency.
(2) Employed by an entity that is a party to an ongoing contract
with a federal, local, or state governmental agency.
(3) Employed by a federal, local, or state governmental agency.
(4) A person who, at the time of his or her appointment or during
his or her term of service, qualifies as a lobbyist, as specified in
Section 82039.
11825. Each member of the commission shall be appointed for a
term of two years and may be reappointed for a second term of two
years. A person may not serve more than four years total time on the
commission.
11826. Each member of the commission shall serve without
compensation, but shall receive the daily equivalent of the average
salary paid to deputy directors of agencies listed in Section 11550
for each day while on official business of the commission. The
chairperson of the commission shall also serve without compensation,
but shall receive the daily equivalent of the salary received by an
agency head pursuant to Section 11550 for each day while on official
business of the commission. In addition, each member shall also be
entitled to receive necessary expenses actually incurred in the
performance of his or her duties.
11827. The commission shall do all of the following:
(a) Examine state bureaucracies in this state primarily to
determine if the jurisdictions of various state bureaucracies
overlap, or if a state bureaucracy's mission has become obsolete.
(b) Submit a report to the Governor and the Legislature that sets
forth findings that recommend needed reforms and establishes a list
of state bureaucracies to be realigned or abolished.
(c) Propose realignment and closure of state bureaucracies within
this state in order to reduce duplication of services, increase
productivity, and reestablish the proper role of government.
(d) Examine the current configuration of state bureaucracies and
investigate their duties and responsibilities.
11828. The commission may do any of the following:
(a) Meet at times and places that it may deem proper.
(b) Issue subpoenas to compel the attendance of witnesses and the
production of books, records, papers, accounts, reports, and
documents.
(c) Administer oaths.
(d) Contract, as it deems necessary, for the rendition of
services, facilities, studies, and reports that will best assist the
commission in carrying out its duties and responsibilities.
11829. Beginning on January 1, 2014, the Controller, the Director
of Finance, the Legislative Analyst, the Milton Marks "Little Hoover"
Commission on California State Government Organization and Economy,
and the State Auditor shall develop recommendations for the closure
or realignment of state bureaucracies for consideration by the
commission. These recommendations shall be reported to the commission
by July 15, 2014.
11830. Upon receiving the recommendations reported under Section
11829, the commission shall independently evaluate these reports. In
addition, the commission may add other state bureaucracies to study
for realignment or closure, which may include proposals submitted by
residents outside of state government.
11831. (a) By January 1, 2015, at least one member of the
commission shall have visited each state bureaucracy considered for
realignment or closure. In addition, as part of its review process,
the commission shall conduct three public hearings in the state with
the final hearing occurring on or before March 15, 2015, at
Sacramento. The final hearing shall include testimony from the
Legislature, other expert witnesses, and the agencies specified in
Section 11829.
(b) Upon completion of its evaluation and not later than July 15,
2015, the commission shall submit its final recommendations to the
Governor and the Legislature and transmit a copy of these
recommendations to the Director of Finance who shall prepare and
issue a public report that displays the forecasted savings in state
expenditures that would result from these recommendations.
(c) By August 15, 2015, the Governor shall act on the commission's
recommendations. The Governor may approve the recommendations or
return the recommendations to the commission for revision. If the
Governor returns the recommendations, the commission has
shall have one month to revise and transmit to
the Governor and the Director of Finance an updated list. The
commission is not required to incorporate recommendations of the
Governor in its list. The director shall prepare a revised public
forecast from this list. If the Governor rejects the revised list,
that action ends shall end the
realignment and closure process for the year without action. However,
the commission may submit a revised list in the following year after
consideration and at least one public hearing.
11832. (a) If the Governor approves the list as submitted by the
commission pursuant to subdivision (c) of Section 11831, the Governor
shall prepare the list, without alteration or amendment, as a
reorganization plan and submit the plan to the Legislature pursuant
to Article 7.5 (commencing with Section 12080) of Chapter 1 of Part
2. Upon being transmitted to the Legislature, the plan shall be
considered and subject to all applicable provisions in that article.
To that end, it is the intent of the Legislature that this chapter be
deemed a part of the statutory authority for the Governor to
reorganize executive officers and agencies, as specified in Section 6
of Article V of the California Constitution.
(b) The plan shall become effective the first day after 60
calendar days of continuous session of the Legislature after the date
on which the plan is transmitted to each house or at a later date as
may be provided by the plan, unless, prior to the end of the
60-calendar-day period, both houses of the Legislature adopt, by a
majority vote of the duly elected and qualified members thereof, a
resolution as specified in subdivision (c) of Section 12080.
(c) The plan shall specify that the state bureaucracies
recommended for closure or realignment be closed or realigned
beginning one year after the effective date of the plan and completed
within three years of the effective date.
11833. Upon the reorganization plan becoming effective, the
Director of Finance shall compute the savings in state governmental
expenses that are forecast to occur due to the closure or realignment
of the state bureaucracies included in the plan and transmit this
information to the Governor and the Legislature. It is the intent of
the Legislature that these savings be reflected in reduced taxation
or state expenditures, subject to any existing constitutional
restrictions.
SEC. 2. SEC. 5. (a) The sum of two
hundred fifty thousand dollars ($250,000) is hereby appropriated from
the General Fund to the Bureaucracy Realignment and Closure
Commission created pursuant to Chapter 8.2 (commencing with Section
11820) of Part 1 of Division 3 of Title 2 of the Government Code, in
order to defray costs incurred by the commission during the first
year of operation.
(b) The Bureaucracy Realignment and Closure Commission may not
expend more than five hundred thousand dollars ($500,000) in carrying
out its duties.