Bill Text: CA AB2603 | 2009-2010 | Regular Session | Amended
Bill Title: Administrative regulations: reductions.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-04-20 - In committee: Set, first hearing. Failed passage. [AB2603 Detail]
Download: California-2009-AB2603-Amended.html
BILL NUMBER: AB 2603 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2010
INTRODUCED BY Assembly Member Gaines
( Coauthor: Assembly Member
Coto )
FEBRUARY 19, 2010
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
AB 2603, as amended, Gaines. Administrative regulations:
reductions.
The
(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,
2011, that a state agency determine how many regulations it imposes
and, on or before December 31, 2012, 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.
Existing law establishes the State Audit Fund which is continuously
appropriated for the expenses of the State Auditor.
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 , 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 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).
SECTION 1. 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, 2011, every agency shall
determine how many regulations it imposes.
(b) On or before December 31, 2012, 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.
(c)
(d) Until December 31, 2021, any new regulation
proposed by an agency shall also eliminate another regulation.
(d)
(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.
