Amended in Assembly May 4, 2015

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 add and repeal Chapter 5.9 (commencing with Section 8490) of Division 1 of Title 2 of the Government Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 1286, as amended, Mayes. California Regulatory Reform Council.

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 would establish, until January 1, 2022, the California Regulatory Reform Council, composed of 13 members appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly, as specified.begin delete This bill would require 4 of the 13 members of the council 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.end delete This bill would authorize the council, 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 the council to be within the executive branch of state government, but prohibit the council 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. This bill would require thebegin delete council to,end deletebegin insert council,end insert on or before January 1, 2017, and at least annually thereafter, to post on its Internet Web site a list of its ongoingbegin delete activities and its final reports.end deletebegin insert activities, specified information regarding meetings, and copies of final reports.end insert This bill would make legislative findings in regards 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:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Duplicative, unnecessary, and outdated regulations have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

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.

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.

15

SEC. 2.  

Chapter 5.9 (commencing with Section 8490) is added
16to Division 1 of Title 2 of the Government Code, to read:

17 

18Chapter  5.9. California Regulatory Reform Council
19

 

20

8490.  

There is in the state government the California
21Regulatory Reform Council, hereafter in this chapter referred to
22as the “council.” The council shall be composed of 13 members
23as follows:

24(a) Five members appointed by the Governor, as follows:

25(1) Two public members who reside in different regions of the
26state so that, collectively, these members represent a geographical
27balance of the state.

P3    1(2) One member with professional experience in economic
2modeling of public policies and economic development activities
3who resides in southern California.

4(3) One member with professional experience in economic
5modeling of public policies and economic development activities
6who resides in northern California.

7(4) One member who represents the business community.

8(b) Two members appointed by the Senate Committee on Rules,
9as follows:

10(1) One member of the public.

11(2) One member who represents the business community.

12(c) Two members appointed by the Speaker of the Assembly,
13as follows:

14(1) One member of the public.

15(2) One member who represents the business community.

16(d) Two Members of the Senate appointed by the Senate
17Committee on Rules. These members shall serve at the pleasure
18of the appointing authority but shall not be registered with the
19same political party. If a member, while serving on the council,
20registers with the same political party as the other member, the
21Senate Committee on Rules shall replace one of the members with
22a new member who is not registered with the same political party
23as the remaining member.

24(e) Two Members of the Assembly appointed by the Speaker
25of the Assembly. These members shall serve at the pleasure of the
26appointing authority but shall not be registered with the same
27political party. If a member, while serving on the council, registers
28with the same political party as the other member, the Speaker of
29the Assembly shall replace one of the members with a new member
30who is not registered with the same political party as the remaining
31member.

32(f) The members appointed pursuant to subdivisions (a) to (c),
33inclusive, shall serve two-year terms and may be reappointed for
34additional terms.

35(g) All vacancies in the council membership shall be filled in
36the same manner in which original appointments were made.

37

8490.5.  

For the purposes of expenditures for the support of the
38council, including the expenses of the members of the council, the
39council shall be deemed to be within the executive branch of state
40government, but the council shall not be subject to the control or
P4    1direction of any officer or employee of the executive branch except
2in connection with the appropriation of funds approved by the
3Legislature.

4

8490.10.  

The members of the council shall serve without
5compensation, but shall be reimbursed forbegin delete all necessaryend deletebegin insert the travelend insert
6 expenses actually incurred inbegin delete the performance of their duties.end delete
7begin insert attending meetings. Members of the Assembly or Senate shall not
8be reimbursed for travel expenses, except in the instance where
9those costs will not be paid by their respective Houses of the
10Legislature.end insert

begin delete
11

8490.15.  

For the purposes of this chapter, the Members of the
12Legislature serving as members of the council shall be considered
13a joint committee of the two houses of the Legislature constituted
14and to be acting as an investigating committee, and as such shall
15have the powers and duties imposed on such committees by the
16Joint Rules of the Senate and Assembly.

end delete
17

8490.20.  

(a) All members shall be appointed on or before
18March 1, 2016.

19(b) The council shall hold its first meeting on or before April
201, 2016.

21(c) The council shall select from among its members a
22chairperson and vice chairperson, who shall not be registered as
23members of the same political party.

24

8490.25.  

Six members of the council shall constitute a quorum.

25

8490.30.  

It is the purpose of the Legislature to establish a
26multibody council, composed of individuals with varied, but
27relevant, experiences and viewpoints to analyze the holistic impact
28of all levels of state and local regulations on specific industries
29operating within the state.

30

8490.35.  

The council, on its own motion, may, for the purpose
31of making reports and recommendations to assist the Legislature
32and Governor in respect to the matters listed in Section 8490.30,
33examine in detail the structure, organization, operation, and impact
34of all levels of state and local regulations on specific industries
35operating within the state. The council may make recommendations
36to the Governor and to the Legislature as the council deems
37necessary.

38

8490.40.  

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

39(b) On or before January 1, 2017, and at least annually thereafter,
40the council shall post on its Internet Web sitebegin delete aend deletebegin insert all of the following:end insert

P5    1begin insert (1)end insertbegin insertend insertbegin insertA end insert list of its ongoingbegin delete activities and its final reports.end deletebegin insert activities.end insert

begin insert

2(2) The agenda, list of individuals who testified, and background
3materials distributed by the council for each meeting.

end insert
begin insert

4(3) Copies of final reports prepared by the council or on behalf
5of the council.

end insert
begin insert

6(c) All materials required to be posted pursuant to subdivision
7(b) shall remain accessible from the Internet Web site until January
81, 2022.

end insert
9

8490.45.  

This chapter shall remain in effect only until January
101, 2022, and as of that date is repealed.



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