Legislative Oversight of State Boards

Article 8 deals with legislative oversight of state board formation and licensed professional practice. Section 9148 provides that any state board or category of licensed professional proposed for creation by the Legislature is to be subject to this article.

Section 9148.2 defines the term “state board.” 

Section 9148.4 states that, prior to consideration by the Legislature of legislation creating a new state board or legislation creating a new category of licensed professional, a plan for the establishment and operation of the proposed state board or new category of licensed professional is required to be developed by the author or sponsor of the legislation. The plan must include, but not be limited to, all of six specified items contained in this section.

Section 9148.6 provides that, prior to consideration by the Legislature of legislation creating a new state board that is advisory only, except for a proposed new state board whose primary purpose is to advise on the licensing and regulation of a profession, a plan for the establishment and operation of the proposed state board is required to be developed by the author or sponsor of the legislation. The plan must include, but not be limited to, all of the three specified items contained in this section.

Section 9148.8 says the appropriate policy committee of the Legislature may evaluate a plan prepared pursuant to state law. The chairperson of a policy committee may alternatively require that the Joint Sunset Review Committee evaluate and provide recommendations on any plan prepared or any other legislative issue or proposal to create a new state board.

In addition, the Joint Sunset Review Committee must provide to the respective policy and fiscal committees of the Legislature any evaluation and recommendations prepared. If an appropriate policy committee does not evaluate a plan prepared, then the Joint Sunset Review Committee must evaluate the plan and provide recommendations to the Legislature.

Article 5 deals with the legislative review of state boards. Section 9148.50 contains three legislative findings and declarations, including that these administrative or regulatory boards, commissions, committees, councils, associations, and authorities have been established without any method of periodically reviewing their necessity, effectiveness, or utility.

Section 9148.51 provides it is the intent of the Legislature that all existing and proposed eligible agencies be subject to review to evaluate and determine whether each has demonstrated a public need for its continued existence in accordance with enumerated factors and standards.

Section 9148.52 requires the Joint Sunset Review Committee to review all eligible agencies. The committee must evaluate and make determinations as required by existing law, and then the committee must make a public report to the Legislature on whether an agency should be terminated, or continued, or whether its functions should be revised or consolidated with those of another agency.