Amended in Assembly April 13, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1286


Introduced by Assembly Member Mayes

February 27, 2015


An act to addbegin insert and repealend insert Chapter 5.9 (commencing with Section 8490)begin delete toend deletebegin insert ofend insert Division 1 of Title 2 of the Government Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 1286, as amended, Mayes. begin deleteEconomic Growth Commission. end deletebegin insertCalifornia Regulatory Reform Council.end insert

Existing law establishes the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy in state government with a specified membership and independent state oversight duties.

This bill wouldbegin delete establishend deletebegin insert establish, until January 1, 2022,end insert thebegin delete Economic Growth Commission,end deletebegin insert California Regulatory Reform Council,end insert composed of 13 members appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly, as specified. This bill would require 4 of the 13 members of thebegin delete commissionend deletebegin insert councilend insert to be Members of the Legislature who are to be considered a joint committee of the 2 houses of the Legislature constituted and acting as an investigating committee. This bill would authorize thebegin delete commission,end deletebegin insert council,end insert on its own motion, to make reports and recommendations to assist the Legislature and Governor in respect to the holistic impact of all levels of state and local regulations on specific industries operating within the state. This bill would deem thebegin delete commissionend deletebegin insert councilend insert to be within the executive branch of state government, but prohibit thebegin delete commissionend deletebegin insert councilend insert from being subject to the control or direction of any officer or employee of the executive branch, except in connection with the appropriation of funds approved by the Legislature.begin insert This bill would require the council to, on or before January 1, 2017, and at least annually thereafter, to post on its Internet Web site a list of its ongoing activities and its final reports. This bill would make legislative findings in regards to these provisions.end insert

begin insert end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the
2following:

end insert
begin insert

3(a) Duplicative, unnecessary, and outdated regulations have
4negatively impacted economic growth and job creation.

end insert
begin insert

5(b) State, regional, and local governments are ill-equipped to
6provide a holistic view of the total impact of regulatory action
7from all levels of state and local government on specific industries
8and types of businesses.

end insert
begin insert

9(c) The establishment of the California Regulatory Reform
10Council will promote economic growth and job creation by
11providing the Legislature and Governor with varied, but relevant,
12experiences and viewpoints to analyze the holistic impact of all
13levels of state and local regulations on specific industries operating
14within the state.

end insert
15

begin deleteSECTION 1.end delete
16begin insertSEC. 2.end insert  

Chapter 5.9 (commencing with Section 8490) is added
17to Division 1 of Title 2 of the Government Code, to read:

18 

19Chapter  5.9. begin deleteEconomic Growth Commission end deletebegin insertCalifornia
20Regulatory Reform Councilend insert
21

 

22

8490.  

There is in the state government thebegin delete Economic Growth
23Commission,end delete
begin insert California Regulatory Reform Council,end insert hereafter in
24this chapter referred to as thebegin delete “commission.”end deletebegin insert “council.”end insert The
25begin delete commissionend deletebegin insert councilend insert shall be composed of 13 members as follows:

26(a) Five membersbegin delete of the public shall beend delete appointed by the
27begin delete Governor.end deletebegin insert Governor, as follows:end insert

begin insert

P3    1(1) Two public members who reside in different regions of the
2state so that, collectively, these members represent a geographical
3balance of the state.

end insert
begin insert

4(2) One member with professional experience in economic
5modeling of public policies and economic development activities
6who resides in southern California.

end insert
begin insert

7(3) One member with professional experience in economic
8modeling of public policies and economic development activities
9who resides in northern California.

end insert
begin insert

10(4) One member who represents the business community.

end insert

11(b) Two membersbegin delete of the public shall beend delete appointed by the Senate
12Committee onbegin delete Rules.end deletebegin insert Rules, as follows:end insert

begin insert

13(1) One member of the public.

end insert
begin insert

14(2) One member who represents the business community.

end insert

15(c) Two membersbegin delete of the public shall beend delete appointed by the Speaker
16of thebegin delete Assembly.end deletebegin insert Assembly, as follows:end insert

begin insert

17(1) One member of the public.

end insert
begin insert

18(2) One member who represents the business community.

end insert

19(d) Two Members of the Senate appointed by the Senate
20Committee on Rules. These members shall serve at the pleasure
21of the appointing authority but shall not be registered with the
22same political party. If a member, while serving on thebegin delete commission,end delete
23begin insert council,end insert registers with the same political party as the other member,
24the Senate Committee on Rules shall replace one of the members
25with a new member who is not registered with the same political
26party as the remaining member.

27(e) Two Members of the Assembly appointed by the Speaker
28of the Assembly. These members shall serve at the pleasure of the
29appointing authority but shall not be registered with the same
30political party. If a member, while serving on thebegin delete commission,end delete
31begin insert council,end insert registers with the same political party as the other member,
32the Speaker of the Assembly shall replace one of the members
33with a new member who is not registered with the same political
34party as the remaining member.

35(f) begin delete(1)end deletebegin deleteend deleteThe members appointed pursuant to subdivisions (a) to
36(c), inclusive, shall servebegin delete four-yearend deletebegin insert two-yearend insert terms and may be
37reappointed for additional terms.

begin delete

38(2) To establish staggered terms of membership for members
39appointed pursuant to subdivisions (a) to (c), inclusive, on or before
40March 1, 2016, the Governor shall select two of his or her five
P4    1appointees, and the Senate Committee on Rules and the Speaker
2of the Assembly shall each select one of its two appointees, to
3serve one term of two years. Thereafter, all members appointed
4pursuant to subdivisions (a) to (c), inclusive, shall serve terms in
5compliance with paragraph (1).

end delete

6(g) All vacancies in thebegin delete commissionend deletebegin insert councilend insert membership shall
7be filled in the same manner in which original appointments were
8made.

9

8490.5.  

For the purposes of expenditures for the support of the
10begin delete commission,end deletebegin insert council,end insert including the expenses of the members of
11thebegin delete commission,end deletebegin insert council,end insert thebegin delete commissionend deletebegin insert councilend insert shall be deemed
12to be within the executive branch of state government, but the
13begin delete commissionend deletebegin insert councilend insert shall not be subject to the control or direction
14of any officer or employee of the executive branch except in
15connection with the appropriation of funds approved by the
16Legislature.

17

8490.10.  

The members of thebegin delete commissionend deletebegin insert councilend insert shall serve
18without compensation, but shall be reimbursed for all necessary
19expenses actually incurred in the performance of their duties.

20

8490.15.  

For the purposes of this chapter, the Members of the
21Legislature serving as members of thebegin delete commissionend deletebegin insert councilend insert shall
22be considered a joint committee of the two houses of the
23Legislature constituted and to be acting as an investigating
24committee, and as such shall have the powers and duties imposed
25on such committees by the Joint Rules of the Senate and Assembly.

26

8490.20.  

begin deleteThe commission end deletebegin insert(a)end insertbegin insertend insertbegin insertAll members shall be appointed
27on or before March 1, 2016.end insert

begin insert

28(b) The council shall hold its first meeting on or before April
291, 2016.

end insert

30begin insert(c)end insertbegin insertend insertbegin insertThe councilend insert shall select from among its members a
31chairperson and vice chairperson, who shall not be registered as
32members of the same political party.

33

8490.25.  

Six members of thebegin delete commissionend deletebegin insert councilend insert shall
34constitute a quorum.

35

8490.30.  

It is the purpose of the Legislature to establish a
36multibodybegin delete commission,end deletebegin insert council,end insert composed of individuals with
37varied, but relevant, experiences and viewpoints to analyze the
38holistic impact of all levels of state and local regulations on specific
39industries operating within the state.

P5    1

8490.35.  

Thebegin delete commission,end deletebegin insert council,end insert on its own motion, may,
2for the purpose of making reports and recommendations to assist
3the Legislature and Governor in respect to the matters listed in
4Section 8490.30, examine in detail the structure, organization,
5operation, and impact of all levels of state and local regulations
6on specific industries operating within the state. Thebegin delete commissionend delete
7begin insert councilend insert may make recommendations to the Governor and to the
8Legislature as thebegin delete commissionend deletebegin insert councilend insert deems necessary.

begin insert
9

begin insert8490.40.end insert  

(a) The council shall establish an Internet Web site.

10(b) On or before January 1, 2017, and at least annually
11thereafter, the council shall post on its Internet Web site a list of
12its ongoing activities and its final reports.

end insert
begin insert
13

begin insert8490.45.end insert  

This chapter shall remain in effect only until January
141, 2022, and as of that date is repealed.

end insert


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