Amended by Stats. 2011, Ch. 315, Sec. 3. (AB 28) Effective January 1, 2012.
Any state board or category of licensed professional proposed for creation by the Legislature shall be subject to this article.
Article 8 - Legislative Oversight of State Board Formation and Licensed Professional Practice
California Government Code — §§ 9148-9148.8
Sections (8)
Added by Stats. 1990, Ch. 832, Sec. 1.
For purposes of this article, “state board” means any administrative or regulatory board, commission, committee, council, association, or authority consisting of more than one person, whose members are appointed by the Governor, the Legislature, or both. For purposes of this article, “state board” does not include any commission created by the Legislature pursuant to Part 2 (commencing with Section 58601) of Division 21 of the Food and Agricultural Code.
Amended by Stats. 1994, Ch. 908, Sec. 66. Effective January 1, 1995.
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 shall be developed by the author or sponsor of the legislation. The plan shall include, but not be limited to, all of the following:
(a)A description of the problem that the creation of the specific state board or new category of licensed professional would address, including the specific evidence of need for the state to address the problem.
(b)The reasons why this proposed state board or new category of licensed professional was selected to address this problem, including the full range of alternatives considered and the reason why each of these alternatives was not selected. Alternatives that shall be considered include, but are not limited to, the following:
(1)No action taken to establish a state board or create a new category of licensed professional.
(2)The use of a current state board or agency or the existence of a current category of licensed professional to address the problem, including any necessary changes to the mandate or composition of the existing state board or agency or current category of licensed professional.
(3)The various levels of regulation or administration available to address the problem.
(4)Addressing the problem by federal or local agencies.
(c)The specific public benefit or harm that would result from the establishment of the proposed state board or new category of licensed professional, the specific manner in which the proposed state board or new category of licensed professional would achieve this benefit, and the specific standards of performance which shall be used in reviewing the subsequent operation of the board or category of licensed professional.
(d)The specific source or sources of revenue and funding to be utilized by the proposed state board or new category of licensed professional in achieving its mandate.
(e)The necessary data and other information required in this section shall be provided to the Legislature with the initial legislation and forwarded to the policy committees in which the bill will be heard.
Amended by Stats. 2011, Ch. 315, Sec. 4. (AB 28) Effective January 1, 2012.
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 shall be developed by the author or sponsor of the legislation. The plan shall include, but not be limited to, all of the following:
(a)A description of the problem that the proposed advisory state board would address.
(b)A listing of those currently established state advisory and administrative entities addressing the same or similar
problems.
(c)The necessary data and other information required in this section shall be provided to the Legislature with the initial legislation and forwarded to the policy committees in which the bill will be heard.
Amended by Stats. 2011, Ch. 315, Sec. 5. (AB 28) Effective January 1, 2012.
(a)The appropriate policy committee of the Legislature may evaluate a plan prepared pursuant to Section 9148.4 or 9148.6. The chairperson of a policy committee may alternatively require that the Joint Sunset Review Committee evaluate and provide recommendations on any plan prepared pursuant to Section 9148.4 or 9148.6, or any other legislative issue or proposal to create a new state board.
(b)The Joint Sunset Review Committee shall provide to the respective policy and fiscal committees of the Legislature any evaluation and recommendations prepared pursuant to this section.
(c)If an appropriate policy committee does
not evaluate a plan prepared pursuant to Section 9148.6, then the Joint Sunset Review Committee shall evaluate the plan and provide recommendations to the Legislature.
Added by Stats. 2003, Ch. 789, Sec. 25. Effective January 1, 2004.
The Legislature finds and declares all of the following:
(a)California’s multilevel, complex governmental structure today contains more than 400 categories of administrative or regulatory boards, commissions, committees, councils, associations, and authorities.
(b)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.
(c)As a result, the Legislature and residents of California cannot be assured that existing or proposed administrative or regulatory boards, commissions, committees, councils, associations, and authorities adequately protect the public health, safety, and welfare.
Amended by Stats. 2010, Ch. 670, Sec. 8. (AB 2130) Effective January 1, 2011.
(a)It is the intent of the Legislature that all existing and proposed eligible agencies, as defined in subdivision (a) of Section 9147.7, 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 as set forth in Article 7.5 (commencing with Section 9147.7).
(b)If any state board becomes inoperative or is repealed in accordance with the act that added this section, any provision of existing law that provides for the appointment of board members and specifies the qualifications and tenure of board members shall not be implemented and shall have no force or effect while
that state board is inoperative or repealed.
(c)Any provision of law authorizing the appointment of an executive officer by a state board subject to the review described in Article 7.5 (commencing with Section 9147.7), or prescribing his or her duties, shall not be implemented and shall have no force or effect while the applicable state board is inoperative or repealed.
Amended by Stats. 2010, Ch. 670, Sec. 9. (AB 2130) Effective January 1, 2011.
(a)The Joint Sunset Review Committee established pursuant to Section 9147.7 shall review all eligible agencies.
(b)The committee shall evaluate and make determinations pursuant to Article 7.5 (commencing with Section 9147.7).
(c)Pursuant to an evaluation made as specified in this section, the committee shall make a report which shall be available to the public and 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, and include any other recommendations as necessary to improve the effectiveness and
efficiency of the agency. If the committee deems it advisable, the report may include proposed legislative proposals that would carry out its recommendations.