Bill Text: CA AB656 | 2011-2012 | Regular Session | Enrolled
Bill Title: Committees and commissions: repeal.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2011-10-03 - Vetoed by Governor. [AB656 Detail]
Download: California-2011-AB656-Enrolled.html
BILL NUMBER: AB 656 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2011
PASSED THE ASSEMBLY SEPTEMBER 7, 2011
AMENDED IN SENATE AUGUST 25, 2011
AMENDED IN SENATE AUGUST 16, 2011
AMENDED IN SENATE JULY 1, 2011
AMENDED IN SENATE JUNE 23, 2011
AMENDED IN ASSEMBLY MAY 10, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Huber
FEBRUARY 16, 2011
An act to repeal Article 5 (commencing with Section 14380) of
Chapter 3 of Division 5 of the Financial Code, to amend Section 4351
of the Food and Agricultural Code, to amend Sections 8164.1, 8164.2,
8164.3, and 11121.1 of the Government Code, to amend Sections 62.9,
63.6, 71.4, 71.7, 72.6, 76.5, and 76.6 of, to amend the heading of
Division 1 (commencing with Section 30) of, to repeal Sections 31 and
704 of, and to repeal Chapter 3 (commencing with Section 80) of
Division 1 of, the Harbors and Navigation Code, and to amend Sections
5073.5, 5073.7, and 5074 of the Public Resources Code, relating to
committees and commissions.
LEGISLATIVE COUNSEL'S DIGEST
AB 656, Huber. Committees and commissions: repeal.
(1) Existing law establishes the Credit Union Advisory Committee
in the Department of Financial Institutions. The duties of this
committee include advising the commissioner and the Deputy
Commissioner of Financial Institutions for the Division of Credit
Unions on matters relating to credit unions and the credit union
business.
Existing law establishes the Boating and Waterways Commission in
the Department of Boating and Waterways. The duties of this committee
include advising the department, recommending proposed changes to
regulations, and causing studies and surveys to be made of the need
for small craft harbors and connecting waterways throughout the
state.
Existing law establishes the Joint Sunset Review Committee, which
consists of 5 members from each house of the Legislature, to identify
and eliminate waste, duplication, and inefficiency in government
agencies. Existing law requires each eligible agency, as defined,
that is scheduled for repeal, to submit to the committee an agency
report, as provided. Existing law requires the committee to evaluate
the agency prior to the date the agency is scheduled to be repealed.
This bill would, as of January 1, 2014, abolish the Credit Union
Advisory Committee and the Boating and Waterways Commission and the
duties and responsibilities carried out by each. The bill would make
these changes operative with respect to each entity only if, prior to
January 1, 2014, a review of that entity is conducted by the Joint
Sunset Review Committee and the Joint Sunset Review Committee has
notified the Secretary of State of this review.
(2) Existing law establishes the State Race Track Leasing
Commission and repeals the commission on January 1, 2013.
This bill would delete the repeal date, thereby indefinitely
extending the existence of the commission.
(3) Existing law establishes the Capitol Area Committee and the
California Recreational Trails Committee. Existing law repeals these
commissions and committees on January 1, 2013.
This bill would provide that the repeal date would not take effect
unless, prior to January 1, 2013, the particular commission or
committee has been reviewed by the Joint Sunset Review Committee and
that committee has notified the Secretary of State of this review.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 5 (commencing with Section 14380) of Chapter 3
of Division 5 of the Financial Code is repealed.
SEC. 2. Section 4351 of the Food and Agricultural Code is amended
to read:
4351. There is hereby created the State Race Track Leasing
Commission which shall be composed of the Director of Food and
Agriculture, the Director of Finance, and the Director of General
Services and three individuals, appointed by the Governor, who are
members of the Board of Directors of the 22nd District Agricultural
Association. The Director of Finance shall serve as chairperson of
the commission. All meetings of the commission shall be open and
public.
SEC. 3. Section 8164.1 of the Government Code is amended to read:
8164.1. There is in state government a Capitol Area Committee
consisting of nine members who shall be appointed in the following
manner:
(a) Four members of the committee shall be appointed by the
Governor of which at least one member shall be appointed from a list
of three candidates submitted by the City of Sacramento and at least
one member shall be appointed from a list of three candidates
submitted by the County of Sacramento. Two members shall be appointed
for a term expiring December 31, 1979, and two for a term expiring
December 31, 1981.
(b) Two members shall be appointed by the Speaker of the Assembly,
one of whom may be a Member of the Assembly, and two members shall
be appointed by the Senate Rules Committee, one of whom may be a
Member of the Senate. Legislative members of the committee shall meet
and, except as otherwise provided by the Constitution, advise the
department to the extent that the advisory participation is not
incompatible with their respective positions as Members of the
Legislature. Of the four appointments by the Legislature, two shall
be appointed for a term expiring December 31, 1979, and two for a
term expiring December 31, 1981.
(c) One shall be appointed by and serve at the pleasure of the
director.
Subsequent appointments pursuant to subdivisions (a) and (b) shall
be for terms of four years, ending on December 31 of the fourth year
after the end of the prior term, except that appointments to fill
vacancies occurring for any reason other than the expiration of the
term shall be for the unexpired portion of the term in which they
occur. The members of the board shall hold office until their
successors are appointed and qualify.
The members of the committee shall not receive compensation from
the state for their services under this article but, when called to
attend a meeting of the committee, shall be reimbursed for their
actual and necessary expenses incurred in connection with the meeting
in accordance with the rules of the Department of Personnel
Administration.
(d) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 and the Joint Sunset Review Committee has notified
the Secretary of State of this review.
SEC. 4. Section 8164.2 of the Government Code is amended to read:
8164.2. (a) The committee shall elect a chairperson. The
committee shall meet at least quarterly or upon the call of the
chairperson or the written request of any three members.
(b) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 and the Joint Sunset Review Committee has notified
the Secretary of State of this review.
SEC. 5. Section 8164.3 of the Government Code is amended to read:
8164.3. (a) It is the purpose of the committee to independently
review the reports of the department to the Legislature and counsel
and advise the department in the carrying out of its responsibilities
related to the Capitol Area Plan. The committee may submit separate
comments on the departmental reports on the Capitol Area Plan to the
Legislature. The committee shall involve a broad cross section of
interested citizens in the form of an advisory body. The advisory
body shall serve without compensation.
(b) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 and the Joint Sunset Review Committee has notified
the Secretary of State of this review.
SEC. 6. Section 11121.1 of the Government Code is amended to read:
11121.1. As used in this article, "state body" does not include
any of the following:
(a) State agencies provided for in Article VI of the California
Constitution.
(b) Districts or other local agencies whose meetings are required
to be open to the public pursuant to the Ralph M. Brown Act (Chapter
9 (commencing with Section 54950) of Part 1 of Division 2 of Title
5).
(c) State agencies provided for in Article IV of the California
Constitution whose meetings are required to be open to the public
pursuant to the Grunsky-Burton Open Meeting Act (Article 2.2
(commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2
of Title 2).
(d) State agencies when they are conducting proceedings pursuant
to Section 3596.
(e) State agencies provided for in Section 109260 of the Health
and Safety Code, except as provided in Section 109390 of the Health
and Safety Code.
SEC. 7. The heading of Division 1 (commencing with Section 30) of
the Harbors and Navigation Code is amended to read:
DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS
SEC. 8. Section 31 of the Harbors and Navigation Code is repealed.
SEC. 9. Section 62.9 of the Harbors and Navigation Code is amended
to read:
62.9. Upon request, the department shall make available to
persons owning or operating small craft harbors, information
concerning the following:
(a) The maintenance and improvement of existing small craft harbor
facilities.
(b) The application of new technical materials and concepts.
(c) The preparation of feasibility reports, environmental impact
reports, permits, and other steps required to develop new small craft
harbor facilities.
SEC. 10. Section 63.6 of the Harbors and Navigation Code is
amended to read:
63.6. (a) (1) On or before January 15 of each odd-numbered year,
the director shall make a report to the Legislature and the Governor
covering the operations of the department for the preceding biennium.
(2) With respect to Article 5 (commencing with Section 76), the
report shall include all of the following:
(A) The total amount of loans made in each of the two fiscal years
immediately preceding the preparation and submission of the report.
(B) For each recipient of a loan during each of the two fiscal
years immediately preceding the preparation and submission of the
report, the recipient's name, the location of the marina for which
the loan was made, and the amount of the loan.
(C) The financial status of each loan.
(D) Any legislative recommendations.
(3) The report shall also include the status of the department's
activities related to the monitoring of rates pursuant to Section
71.4 and subdivision (d) of Section 76.7.
(4) The report shall also include an evaluation of the public
participation in the personal watercraft education course developed
by the department pursuant to subdivision (b) of Section 668.3 and a
determination of the effect of the course on personal watercraft
safety in California.
(b) The department shall also make any special reports that are
requested by the Secretary of Resources or the Governor.
SEC. 11. Section 71.4 of the Harbors and Navigation Code is
amended to read:
71.4. (a) (1) The department, subject to the approval of the
Legislature in accordance with Section 85.2, may make loans to
qualified cities, counties, or districts having power to acquire,
construct, and operate small craft harbors, for the design, planning,
acquisition, construction, improvement, maintenance, or operation of
small craft harbors and facilities in connection with the harbors,
and connecting waterways, if the department finds that the project is
feasible.
(2) The minimum annual rate of interest charged by the department
for a loan shall be set annually based on the Pooled Money Investment
Account interest rate.
(b) The department shall establish, by rules and regulations,
policies and standards to be followed in making loans pursuant to
this section so as to further the proper development and maintenance
of a statewide system of small craft harbors and connecting
waterways. To the greatest extent possible, the department shall
adhere to customary commercial practices to ensure that loans made
pursuant to this section are adequately secured and that the loans
are repaid consistent with the terms of the loan agreement. Any rules
and regulations shall include policies and standards for restrooms,
vessel pumpout facilities, oil recycling facilities, and receptacles
for the purpose of separating, reusing, or recycling all solid waste
materials.
(c) The department shall develop weighing and ranking criteria to
qualify and prioritize the public loans.
(d) A loan under this section shall be repaid as provided in
Section 70.
(e) Rates to be charged for the use of the boating facilities
shall be established by the city, county, or district, subject to the
approval of the department, in every loan contract. The department
shall concern itself with the rates charged only as prescribed in
Section 71.8. The rates set shall be based on a monthly berthing
charge, and the department shall monitor these rates to ensure that
the berthing charges are sufficient to ensure timely and complete
repayment of the loan.
(f) The department shall submit any project for which it
recommends any loan be made to the Governor for inclusion in the
Budget Bill.
(g) The department may restate an existing loan under this
article, upon written request by the borrower.
SEC. 12. Section 71.7 of the Harbors and Navigation Code is
amended to read:
71.7. Notwithstanding any other provision of this chapter, or any
contract or agreement to the contrary, loan payments on the loan on
behalf of Spud Point Marina in the County of Sonoma, as authorized by
Schedule (b)(8) of Item 3680-101-516 of Section 2.00 of the Budget
Act of 1982, and administered by the department, may be renegotiated
by the department and the County of Sonoma to solve the fiscal
problems involving the marina existing on the effective date of this
section as enacted during the 1994 portion of the 1993-94 Regular
Session.
SEC. 13. Section 72.6 of the Harbors and Navigation Code is
amended to read:
72.6. Transfers pursuant to Section 70, loans pursuant to Section
71.4, and grants pursuant to Section 72.5 shall be made by the
department.
SEC. 14. Section 76.5 of the Harbors and Navigation Code is
amended to read:
76.5. In processing applications under this article, the
department shall give priority to applications from qualified private
marina owners who have not received previous loans from the
department.
SEC. 15. Section 76.6 of the Harbors and Navigation Code is
amended to read:
76.6. Loans made under this article shall include, but are not
limited to, the following terms and conditions:
(a) The minimum annual rate of interest charged by the department
for a loan shall be set annually at a rate equal to 1 percent per
annum plus the prime or base rate of interest.
(b) The department shall require collateral in a minimum amount of
110 percent of the loan.
(c) The repayment period of a loan shall not exceed 20 years, or
be longer than the length of the borrower's leasehold estate,
including renewal options, if the loan is based upon a leasehold
estate of the borrower.
(d) All loans shall amortize the principal over the term of the
loan. However, a loan shall become due and payable in full if the
borrower sells or otherwise transfers the recreational marina
developed with departmental funds, unless the transfer is, by reason
of the death of the borrower, to the borrower's heirs.
(e) The department's loans shall not be subordinated to any future
loans obtained by a private marina owner, except in those cases
involving loans acquired for refinancing previous senior loans.
(f) The department may allow assumption of loans from the original
borrower by future parties, subject to completion of the application
process and upon approval by the department.
(g) The department may, upon written request by the borrower,
restate an existing loan.
SEC. 16. Chapter 3 (commencing with Section 80) of Division 1 of
the Harbors and Navigation Code is repealed.
SEC. 17. Section 704 of the Harbors and Navigation Code is
repealed.
SEC. 18. Section 5073.5 of the Public Resources Code is amended to
read:
5073.5. (a) The Governor shall establish a California
Recreational Trails Committee to advise the director in the
development and coordination of the system. The committee shall
consist of seven members appointed by the Governor. Two members shall
be selected from the northern, two members from the southern, and
two members from the central portions of the state, and one member
shall be selected at large. Members shall be selected from lists
submitted by private organizations that have a demonstrated interest
in the establishment of recreation trails. The chair of the committee
shall be elected by the members from their membership.
(b) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 of the Government Code and the Joint Sunset Review
Committee has notified the Secretary of State of this review.
SEC. 19. Section 5073.7 of the Public Resources Code is amended to
read:
5073.7. (a) The terms of the members of the committee shall be
four years, except that such members first appointed to the committee
shall classify themselves by lot so that the term of three members
shall expire January 15, 1976, the term of two members shall expire
January 15, 1977, and the term of two members shall expire January
15, 1978.
Members of the committee shall serve without compensation, but
shall be reimbursed for actual and necessary expenses, including
traveling expenses, incurred in the performance of their duties.
(b) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 of the Government Code and the Joint Sunset Review
Committee has notified the Secretary of State of this review.
SEC. 20. Section 5074 of the Public Resources Code is amended to
read:
5074. The committee shall have the following powers and duties:
(a) Coordinate trail planning and development among cities,
counties, and districts. In carrying out this responsibility, the
committee shall review records of easements and other interests in
lands which are available for recreational trail usage, including
public lands, utility easements, other rights-of-way, gifts, or
surplus public lands which may be adaptable for such use, and shall
advise the director in the development of standards for trail
construction so that uniform construction standards may be available
to cities, counties, and districts.
(b) Advise the director in the preparation and maintenance of the
plan.
(c) Study the problems and opportunities presented by the use of
private property for recreational trail use and advise the director
on measures to mitigate undesirable aspects of such usage.
(d) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 of the Government Code and the Joint Sunset Review
Committee has notified the Secretary of State of this review.
SEC. 21. (a) Sections 1, 3, 4, 5, and 6 of this act shall become
operative on January 1, 2014, only if a review of the Credit Union
Advisory Committee is conducted by the Joint Sunset Review Committee
pursuant to subdivisions (c) and (d) of Section 9147.7 of the
Government Code prior to January 1, 2014, and the Joint Sunset Review
Committee has notified the Secretary of State of this review.
(b) Sections 7 to 17, inclusive, of this act shall become
operative on January 1, 2014, only if a review of the Boating and
Waterways Commission is conducted by the Joint Sunset Review
Committee pursuant to subdivisions (c) and (d) of Section 9147.7 of
the Government Code prior to January 1, 2014, and the Joint Sunset
Review Committee has notified the Secretary of State of this review.
