9148. Any state board proposed for creation by the Legislature on
or after January 1, 1991, or any category of licensed professional
proposed for creation by the Legislature on or after January 1, 1995,
shall be subject to this article.
9148.2. 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.
9148.4. 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.
9148.6. Prior to consideration by the Legislature of legislation
creating a new state board, which is advisory only, 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.
9148.8. (a) The Joint Committee on Boards, Commissions, and
Consumer Protection, acting pursuant to a request from the
chairperson of the appropriate policy committee, shall evaluate a
plan prepared pursuant to Section 9148.4 or 9148.6.
(b) Evaluations prepared by the Joint Committee on Boards,
Commissions, and Consumer Protection pursuant to this section shall
be provided to the respective policy and fiscal committees of the
Legislature pursuant to rules adopted by each committee for this
purpose.
9148. Any state board proposed for creation by the Legislature on
or after January 1, 1991, or any category of licensed professional
proposed for creation by the Legislature on or after January 1, 1995,
shall be subject to this article.
9148.2. 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.
9148.4. 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.
9148.6. Prior to consideration by the Legislature of legislation
creating a new state board, which is advisory only, 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.
9148.8. (a) The Joint Committee on Boards, Commissions, and
Consumer Protection, acting pursuant to a request from the
chairperson of the appropriate policy committee, shall evaluate a
plan prepared pursuant to Section 9148.4 or 9148.6.
(b) Evaluations prepared by the Joint Committee on Boards,
Commissions, and Consumer Protection pursuant to this section shall
be provided to the respective policy and fiscal committees of the
Legislature pursuant to rules adopted by each committee for this
purpose.
9148. Any state board proposed for creation by the Legislature on
or after January 1, 1991, or any category of licensed professional
proposed for creation by the Legislature on or after January 1, 1995,
shall be subject to this article.
9148.2. 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.
9148.4. 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.
9148.6. Prior to consideration by the Legislature of legislation
creating a new state board, which is advisory only, 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.
9148.8. (a) The Joint Committee on Boards, Commissions, and
Consumer Protection, acting pursuant to a request from the
chairperson of the appropriate policy committee, shall evaluate a
plan prepared pursuant to Section 9148.4 or 9148.6.
(b) Evaluations prepared by the Joint Committee on Boards,
Commissions, and Consumer Protection pursuant to this section shall
be provided to the respective policy and fiscal committees of the
Legislature pursuant to rules adopted by each committee for this
purpose.
