SENATE BILL REPORT

SJR 8213

BYSenators Zimmerman and Bailey

Revising the legislative powers of the governor.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 12, 1987

Senate Staff:Barbara Howard (786-7410); Eugene Green (786-7405)

AS OF FEBRUARY 11, 1987

BACKGROUND:

In the past two decades, several study groups have recommended that a constitutional amendment be proposed which would give the Governor the power to reorganize the executive agencies of state government.  Among the reasons given in those studies for such authority were to increase the accountability of state agencies to the chief executive officer, the Governor; to eliminate agencies, boards and commissions whose functions overlap, are duplicative, or conflicting with each other; and, in general, to provide greater management effectiveness.

A similar constitutional amendment proposal was introduced by executive order in 1983.

SUMMARY:

The Governor may submit a reorganization plan or plans to the Legislature to effect changes in the executive branch or in assignment of existing functions among its units.  A reorganization plan may be submitted during any regular session of the Legislature.  The plan must be in the form of a bill, and must be submitted to both houses of the Legislature in the first five days of the session.

A reorganization plan shall not: diminish the powers of state-wide elective offices other than the Governor; affect any entity directly serving the legislative or judicial branches of government; continue any agency, function or term of office beyond limits in the plan or other statutes; or authorize state government to perform any function not otherwise authorized by law.

Unless modified by law, withdrawal, amendment and resubmittal of the plan by the Governor may be accomplished under specified procedures.  The Governor may withdraw the plan during the first 40 days of the session.  Either house of the Legislature may notify the Governor of proposed amendments to a plan by the 30th day of the session.  By the 40th day, the Governor may submit an amended plan containing the proposed amendments from either house which the Governor accepts.  If the Governor does not accept any proposed amendments from the Legislature, he may resubmit the original plan by the 40th day or notify the Legislature that the plan is withdrawn.  Otherwise, the plan is withdrawn.

The Legislature may disapprove a plan submitted or resubmitted by the Governor, but may not amend it.  Disapproval is by a resolution concurred in by a majority of elected members of either house.

If, by the end of the regular session, a plan is neither disapproved or withdrawn, it shall take effect and shall be subject to initiative or referendum petition.  However, the plan may not be referred to the people by the Legislature.

The Legislature may adopt additional procedures and requirements concerning the Governor's submittal, amendment or withdrawal of reorganization plans.  Any plan which takes effect shall be codified in the same manner as any other law.

Nothing in the constitutional amendment may be construed to limit the legislative authority to reorganize the executive branch, including bills not considered amendments to a Governor's plan.  Any provisions of an effective plan may be amended or repealed by law as otherwise provided in the Constitution.

Article III, section 12 of the Constitution is amended to remove the Governor's item veto power as to separate sections of legislative bills.  The Governor's power to veto separate appropriation items is left intact.

The full amendment must be construed as a single amendment within the meaning of Article XXIII, section 1 of the Constitution, which provides that "(I)f more than one amendment be submitted, they shall be submitted in such a manner that the people may vote for or against such amendments separately."

Fiscal Note:      none requested

Effective Date:The amendment would become effective if approved by a majority of the voters at the general election in November 1987.