BILL NUMBER: SB 591 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Gaines
FEBRUARY 17, 2011
An act to amend Section 8544.5 of, and to add and repeal Article
9.5 (commencing with Section 11362) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of, the Government Code, relating to
administrative regulations.
LEGISLATIVE COUNSEL'S DIGEST
SB 591, as introduced, Gaines. Administrative regulations:
reductions.
(1) The Administrative Procedure Act generally sets forth the
requirements for the adoption, publication, review, and
implementation of regulations by state agencies.
This bill would, until December 31, 2021, enact the California
Smart Regulation Act. The bill would require, on or before July 1,
2012, that a state agency determine how many regulations it imposes
and, on or before December 31, 2013, to reduce the total number of
regulations it has identified by 33%. The bill would require an
agency to give priority to eliminating regulations that increase the
regulatory burden on businesses and the business climate. The bill
would also require, until December 31, 2021, that any new regulation
proposed by an agency also eliminate another regulation.
(2) Existing law establishes the Bureau of State Audits, which is
headed by the State Auditor and has specified statutory duties.
This bill would require an agency to submit a report of the
regulations eliminated or identified for elimination to the State
Auditor. The bill would require the State Auditor to perform an
evaluation of the identified regulations and determine, in a report
submitted to the Legislature, whether the removal of the regulations
will result in a positive impact on the regulatory burden on
businesses and the business climate. This bill would require the
Legislature to appropriate funds to the State Auditor sufficient to
fulfill these duties.
(3) This bill would repeal its provisions on January 1, 2022, as
specified.
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 8544.5 of the Government Code is amended to
read:
8544.5. (a) There is hereby established in the State Treasury the
State Audit Fund. Notwithstanding Section 13340, the State Audit
Fund is continuously appropriated for the expenses of the State
Auditor. Auditor, except expenses incurred
pursuant to Section 11363. There shall be appropriated annually
in the Budget Act to the State Audit Fund, from the General Fund and
the Central Service Cost Recovery Fund, the amount necessary to
reimburse the State Audit Fund for the cost of audits to be performed
that are not directly reimbursed under subdivision (c). "Cost of
audits" means all direct and indirect costs of conducting the audits
and any other expenses incurred by the State Auditor in fulfilling
his or her statutory responsibilities.
(b) With regard to the funds appropriated pursuant to subdivision
(a), upon certification by the State Auditor of estimated costs on a
monthly basis, the Controller shall transfer the amount thus
certified from the General Fund or the Central Service Cost Recovery
Fund, as applicable, to the State Audit Fund. The Controller shall
thereafter issue warrants drawn against the State Audit Fund upon
receipt of claims certified by the State Auditor.
(c) To ensure appropriate reimbursement from federal and special
funds for the costs of the duties performed pursuant to Section
8546.3, the State Auditor may directly bill state agencies for the
costs incurred, subject to the approval of the Director of Finance.
(d) To ensure adequate oversight of the operations of the bureau,
the Milton Marks "Little Hoover" Commission on California State
Government Organization and Economy shall annually obtain the
services of an independent public accountant to audit the State Audit
Fund and the operation of the bureau to assure
ensure compliance with state law, including Section 8546.
The results of this audit shall be submitted to the commission and
shall be a public record.
(e) To ensure that audits of the Milton Marks "Little Hoover"
Commission on California State Government Organization and Economy
are conducted in conformity with government auditing standards, any
audit of the commission that is required or permitted by law shall be
conducted by the independent public accountant selected pursuant to
subdivision (d).
SEC. 2. Article 9.5 (commencing with Section 11362) is added to
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code, to read:
Article 9.5. Reduction of Regulations
11362. This article shall be known as the California Smart
Regulation Act.
11363. (a) On or before July 1, 2012, every agency shall
determine how many regulations it imposes.
(b) On or before December 31, 2013, every agency shall reduce the
total number of regulations it has identified pursuant to subdivision
(a) by 33 percent. In determining which regulations to eliminate, an
agency shall give priority to the elimination of regulations that
increase the regulatory burden on businesses and the business
climate. An agency shall submit a report of the regulations
eliminated or identified for elimination pursuant to this subdivision
to the State Auditor.
(c) (1) The State Auditor shall perform an evaluation of the
regulations contained in the agency report for the purpose of
determining whether the removal of the regulations will result in a
positive impact on the regulatory burden on businesses and the
business climate. The State Auditor shall report the results of the
evaluation to the Legislature.
(2) The Legislature shall appropriate funds to the State Auditor
sufficient to fulfill the duties imposed on the State Auditor
pursuant to this section.
(d) Until December 31, 2021, any new regulation proposed by an
agency shall also eliminate another regulation.
(e) This article shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.