Frequently Asked Questions about Informational and Oversight Hearings in the California Legislature

Frequently Asked Questions about Informational and Oversight Hearings in the California Legislature By Chris Micheli

Committees of the California Legislature can conduct several types of hearings, including bill hearings, investigative or oversight hearings, and informational hearings.

What are bill hearings? They are those that are conducted to hear specific pieces of legislation, including bills, resolutions, and constitutional amendments.

What are informational hearings? They are used to gather information about the subject matter of the hearing, usually in preparation for consideration of legislation in the future.

What are oversight or investigatory hearings? They are used by legislators to look at issues such as: Is there concern about how a program is being administered? Or concern about how a law is being enforced?

Is there a distinction between oversight and investigative hearings? Some view one where there may be an allegation of wrongdoing by a public official or department in an investigative hearing.

What tools do legislators have for investigative hearings? A subpoena could be issued, witnesses could be called, and it could be of an adversarial nature, rather than an informative nature.

What are confirmation hearings? They are generally only held by the State Senate, except for those rare instances when both houses of the Legislature consider a gubernatorial appointment of a constitutional officer.

Who conducts confirmation hearings? They are conducted by the Senate Rules Committee to provide “advice and consent” on appointments made by the state’s Governor.

Are there any internal legislative rules regarding informational hearings? While the subject of informational hearings is not contained in the Assembly Rules or the Senate Rules, there are two applicable rules to informational hearings that are contained in the Joint Rules.

What does Joint Rule 60 provide regarding informational committee hearings? Subdivision (b) provides “A committee may hear the subject matter of a bill or convene for an informational hearing during a period of recess. Four days’ notice in the Daily File is required prior to the hearing.”

Are there any internal legislative rules regarding oversight hearings? Yes, there are a number of house rules that apply to oversight hearings by the Legislature.

What does Assembly Rule 11.5(a) provide? “(a) The standing committees of the Assembly created pursuant to Rule 11, with the exception of the Committee on Rules, are hereby constituted Assembly investigating committees and are authorized and directed to conduct oversight hearings and to ascertain, study, and analyze all facts relating to any subjects or matters which the Committee on Rules shall assign to them upon request of the Assembly or upon its own initiative.”

What does Assembly Rule 11.5(b) provide? “Each of the Assembly investigating committees consists of the members of the standing committee on the same subject as most recently constituted.”

What does Assembly Rule 11.5(d) provide? “In order to prevent duplication and overlapping of studies between the various investigating committees herein created, a committee may not commence the study of any subject or matter not specifically authorized herein or assigned to it unless and until prior written approval thereof has been obtained from the Committee on Rules.”

What does Senate Rule 12.5 provide? “The General Research Committee is hereby created pursuant to Section 11 of Article IV of the California Constitution, which relates to legislative committees. The committee consists of the 40 Senators, and the President pro Tempore is its chair. The committee is allocated all subjects within the scope of legislative regulation and control, but may not undertake any investigation that another committee has been specifically requested or directed to undertake. The General Research Committee may act through subcommittees appointed by the Committee on Rules. Each member of the General Research Committee is authorized and directed to receive and investigate requests for legislative action made by individuals or groups and to report thereon to the full committee. The committee and its members shall have and exercise all of the rights, duties, and powers conferred upon investigating committees and their members by the Senate Rules and the Joint Rules of the Senate and Assembly.”

What does Senate Rule 16 provide? “Each standing committee of the Senate to which a proposed law or bill is assigned has full power and authority during the session of the Legislature, or any recess thereof, to make an investigation and study concerning any proposed law or bill as the committee shall determine necessary to enable it to properly act thereon.”

What does Joint Rule 36 provide? “In order to expedite the work of the Legislature, either house, or both houses jointly, may by resolution or statute provide for the appointment of committees to ascertain facts and to make recommendations as to any subject within the scope of legislative regulation or control. The resolution providing for the appointment of a committee pursuant to this rule shall state the purpose of the committee and the scope of the subject concerning which it is to act, and may authorize it to act either during sessions of the Legislature or, when authorization may lawfully be made, after final adjournment.”