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HomeMy WebLinkAbout1993-08-24 - AGENDA REPORTS - STATE LEGISLATION SB 16 (2)AGENDA REPOPT CONSENT CALENDAR DATE: August 24, 1993 SUBJECT: State Legislation SB 16 DEPARTMENT: Management Services BACKGROUND Michael P. Murphy Senate Bill 16 (Klllea) establishes the California Constitution Revision Commission. Several years of legislative gridlock highlighted by rancorous state budget negotiations, has focused attention on the need to reorganize government structures to provide more responsive government. The California Constitution Revision Commission shall consist of 21 members; 10 appointed by the Governor, 10 by the Legislature and the California Chief Justice or his designee serving as an ex - officio member. The commission shall be a reflection of the ethnic, racial, cultural, geographic and gender diversity of California. The commission Is required to submit a report to the Governor and Legislature not later than March 31, 1994, specifically outlining findings and recommendations for Improving the state budget process. This concepts outlined in this measure were first approved by the Legislature in 1992 via Senate BIII 458 which was vetoed by Governor Wilson. The Governor's veto was predicated on the desire to not create another commission and have the executive and legislative branches of government confront the already understood Issues directly. The commission would specifically be charged with: 1. Examining the process by which a budget is formulated and enacted by the.state. 2. Reviewing the manner In which the budget, serves the state's future needs. 3. Examining the fiscal relations of federal, state and local governments. 4. Examining the structure of state governance and proposed modifications that may Increase accountability and improve the process of formulation, consideration and approval of policy determinations and budget for the state. The commission would have no authority for Implementation of recommendations. The Legislature and Governor could embrace or reject any or all of the recommendations made by the commission. Agenda Item: Senate Bill 16 Page Two The California Constitution Revision Commission's narrow focus Is to evaluate the state's budget process and make recommendations. The Santa Clarita City Council has previously approved a resolution calling for a state constitutional convention for purposes of addressing not only the state budget Issue, but to consider rewriting of the entire California Constitution, returning It to a fundamental guiding outline of the state's governmental structure. The objectives outlined in SB 16 appear to be a component of previous City Council action. The City Council Legislative Committee reviewed SB 16 and while supportive of the measure suggested some comments which should be Included in any statement of support. First, the commission should be a reflection of the diversity of California. Second, the commission should not simply look at amending those sections of the Constitution related to the state budget process but should look at opportunities to revise the entire document. Finally, Legislative leadership is Imperative as special Interests will seek to manipulate this Issue In the future, perhaps to the detriment of some of our state's citizens. RECOMMENDATION Support Senate Bill 16 and transmit statements of support as outlined by the Legislative Committee to Santa Clarlta's state legislative delegation, Senator Klllea, appropriate legislative committees, League of California Cities, California Contract Cities Association and Independent Cities Association. ATTACHMENT 1. SB 16 mpm.ansb16.lo Amended AMENDED IN SENATE JULY 13, 1993 AMENDED IN SENATE JUNE 28, 1993 SENATE BILL _ No. 16 axaxxxxxaxaxsaxaa.xxaaa.sasss.........ssaaaxaxsxsssssaaaxaxxxsa.asaxxxxxxxxxaaa Introduced by Senators Killea, Hart, Hayden, Hill, Keene, and Thompson (Principal coauthor: Senator Alquist) (Principal coauthor: Assembly Member Isenberg) December 7, 1992 xx........axxxaxaxxxxa..... sasxxmxxx............... ............aa.xxxx.s..aaxxx An act to add and repeal Article 1.5 (commencing with Section 8275) of Chapter 3.5 of Division 1 of Title 2 of the Government Code, relating to the California Constitution Revision Commission, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 16, as amended, Killea. California Constitution Revision Commission. (1) The California Constitution authorizes the Legislature to propose revisions to that document. Existing law creates in state government the California Law Revision Commission to examine the common law and statutes of the state and judicial decisions for the purpose of discovering defects and anachronisms in the law and recommending needed reforms.to the Governor and the Legislature. This bill.would create the California Constitution Revision Commission, prescribe its membership, and specify its powers and duties. The measure would require the commission to submit a report to the Governor and the Legislature no later than March 31, 1994; that sets forth its findings with respect to the formulation and enactment of a state budget and recommendations for the improvement of that process. The commission would also be required.to report on specified issues relating.to the structure of state governance. (2) The provisions relating to the commission would become inoperative on July 1, 1996, and would be repealed as of January 1, 1997. (3) The bill would also appropriate $200,000 for the 1993-94 fiscal year to the commission to carry out its duties and responsibilities. (4) The bill, in addition, would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State -mandated CA SB 16 local program: no. 07/28/93 The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares the following: Page 2 (a) California's budget process has become crippled by a complex entanglement of constraints that interfere with an orderly and comprehensive consideration of all fiscal matters. A complete review of the process by an independent citizens' commission would provide the Legislature a basis for considering changes that would result in a more thoughtful and deliberative process. (b) The legislative process has at times become mired in gridlock. Rivalries between the two houses of the Legislature and the executive branch have deterred the state's ability to make significant policy changes in response to the changing times. Changes to existing government organizational structures may provide a more responsive and productive form of governance for California than the current system. SEC. 2. Article 1.5 (commencing with Section 8275) is added to Chapter 3.5 of Division 1 of Title 2 of the Government Code, to read: Article I.S. California Constitution Revision Commission 8275. There is created in state government the California Constitution Revision Commission. 8275.1. (a) The commission shall consist of '10 members appointed by the Governor, five members appointed by the Senate Committee on Rules, [A>.and <A] five members appointed by the Speaker of the Assembly [D> , and the Chief Justice of California, or his or her.designee, who shall serve as an ex officio nonvoting member. The <D] [A> . The <A] Governor, the Senate Committee on Rules; and the Speaker of the Assembly may each appoint no more than one Member of the Legislature to the commission. No lobbyist, as defined in Section 82039, may serve as a member of the commission. The membership of the commission shall broadly reflect the ethnic, racial, cultural, geographic, and gender diversity of the state. (b) The initial appointments to the commission shall be made not later than 90 days after this article becomes operative. 8275.2. Each member of the commission shall serve without compensation, but each member other than an elected officer shall receive one hundred dollars ($100) for each day while on official business of the -commission. In addition, each member shall also be entitled to receive necessary expenses actually incurred in the performance of his or her duties. 8275.3. (a) The Governor shall select one of the members as the chair of the commission. (b) The commission may appoint an executive secretary and fix his or her.compensation in accordance with law. The commission may employ and fix the compensation, in accordance with law, of any professional, clerical, and other assistants that may be necessary. CA SB 16 07/28/93 Page 3 (c) The Legislative Counsel, Legislative Analyst, (D> Auditor General <D] [A> State Auditor <A] , and the Department of.Finance shall assist the commission in -the performance of its duties. 8275.4. The commission shall assist the Governor and the Legislature by doing the following, (a) Examining the process by which a budget is formulated and enacted by state government, the manner in which the budget serves the future needs of the state, the appropriate balance of resources and spending by the state, and the fiscal relations of the state, federal, and local governments, and any constraints and impediments that interfere with an orderly and comprehensive consideration of all fiscal matters that impact upon the development of a budget for the state. (b) Examining the structure of state governance and proposed modifications that may increase accountability and improve the process of formulation, consideration, and approval of policy determinations and a budget for the state. 8275.5. The commission shall submit a report to the Governor and the Legislature no later than March 31, 1994, that sets forth its findings with respect to the mandate in Section 8275.4. The commission should submit interim reports before that date whenever it makes a finding and recommendation on a specific.topic. 8275.6. In carrying out its duties and responsibilities; the commission shall have the following powers: (a) To meet at times and places as it may deem proper. The commission is a state body subject to the provisions of the Bagley -Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3). (b) To issue subpoenas to compel the attendance of .witnesses and the production of books, records, papers, accounts, reports, and documents. (c) To administer oaths. (d) To contract, as it deems necessary,.for the rendition of services, facilities, studies, and reports to the commission as will best assist it to carry out its duties and responsibilities, (e) To cooperate with and to secure the cooperation of county, city, city and county,- and other local law enforcement agencies in investigating any matter. within the scope of its duties and responsibilities, and to direct the sheriff of any county or any marshal to servesubpoenas, orders, and other process. (f) To secure directly from every department, agency, or instrumentality full cooperation, access to its records, and access to any information, suggestions, estimates, data, and statistics that it may have available. (g) To do any and all things necessary or convenient to enable it CA SB 16 07/28/93 Page 4 fully and adequately to perform its duties and to exercise the powers expressly granted to it. 8275.7. This article shall become inoperative on July 1, 1996, and, as .of January 1, 1997, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1997, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 3. The sum of two hundred thousand dollars ($200,000) is hereby appropriated from the General Fund for the 1993-94 fiscal year to the California Constitution Revision Commission established by this act to carry out its duties and responsibilities under this act. SEC. 4. This act is an urgency.statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order for the California Constitution Revision Commission, created by this act, to carry out its functions and duties as soon as possible, it is necessary that this act take effect immediately.