BILL NUMBER: AB 2380 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Huber
FEBRUARY 24, 2012
An act to amend Section 9147.7 of the Government Code, relating to
state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2380, as introduced, Huber. State government: agency repeals.
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, to determine if the agency is still
necessary and cost effective. Existing law requires each eligible
agency scheduled for repeal to submit a report to the committee
containing specified information on or before December 1 prior to the
year it is set to be repealed.
This bill would require an eligible agency to submit a report to
the committee on or before the December 1 2 years prior to the year
it is set to be repealed.
This bill would also make technical, nonsubstantive changes to
these provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9147.7 of the Government Code is amended to
read:
9147.7. (a) For the purpose of this section, "eligible agency"
means any an 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, for which a date for repeal has been
established by statute on or after January 1, 2011.
(b) The Joint Sunset Review Committee is hereby created to
identify and eliminate waste, duplication, and inefficiency in
government agencies. The purpose of the committee is to conduct a
comprehensive analysis over 15 years, and on a periodic basis
thereafter, of every eligible agency to determine if the agency is
still necessary and cost effective.
(c) Each An eligible agency
scheduled for repeal shall submit to the committee, on or
before December 1 two years prior to the year it is set to
be repealed, a complete agency report covering the entire period
since last reviewed, including, but not limited to, the following:
(1) The purpose and necessity of the agency.
(2) A description of the agency budget, priorities, and job
descriptions of employees of the agency.
(3) Any programs and projects under the direction of the agency.
(4) Measures of the success or failures of the agency and
justifications for the metrics used to evaluate successes and
failures.
(5) Any recommendations of the agency for changes or
reorganization in order to better fulfill its purpose.
(d) The committee shall take public testimony and evaluate the
eligible agency prior to the date the agency is scheduled to be
repealed. An eligible agency shall be eliminated unless the
Legislature enacts a law to extend, consolidate, or reorganize the
eligible agency. No eligible An eligible
agency shall not be extended in perpetuity unless
specifically exempted from the provisions of this
section. The committee may recommend that the Legislature extend the
statutory sunset date for no more than one year to allow the
committee more time to evaluate the eligible agency.
(e) The committee shall be comprised of 10 members of the
Legislature. The Senate Committee on Rules shall appoint five members
of the Senate to the committee, not more than three of whom shall be
members of the same political party. The Speaker of the Assembly
shall appoint five members of the Assembly to the committee, not more
than three of whom shall be members of the same political party.
Members shall be appointed within 15 days after the commencement of
the regular session. Each member of the committee who is appointed by
the Senate Committee on Rules or the Speaker of the Assembly shall
serve during that committee member's term of office or until that
committee member no longer is a Member of the Senate or the Assembly,
whichever is applicable. A vacancy on the committee shall be filled
in the same manner as the original appointment. Three Assembly
Members and three Senators who are members of the committee shall
constitute a quorum for the conduct of committee business. Members of
the committee shall receive no compensation for their work with the
committee.
(f) The committee shall meet not later than 30 days after the
first day of the regular session to choose a chairperson and to
establish the schedule for eligible agency review provided for in the
statutes governing the eligible agencies. The chairperson of the
committee shall alternate every two years between a Member of the
Senate and a Member of the Assembly, and the vice chairperson of the
committee shall be a member of the opposite house as the chairperson.
(g) This section shall not be construed to change the existing
jurisdiction of the budget or policy committees of the Legislature.