Frequently Asked Questions about Legislative Review of State Agencies

Frequently Asked Questions about Legislative Review of State Agencies By Chris Micheli

Does the California Legislature review executive branch state agencies? Actually, the California Legislature is required to review state agencies and their work.

 

Where is this requirement found? It is pursuant to Government Code Title 2 (Government of the State of California), Division 2 (Legislative Department), Part 1 (Legislature), Chapter 1.5 (General), Article 8.5, which is titled “Legislative Review of State Boards” and contains Sections 9148.50 to 9148.52.

 

What is the intent behind Article 8.5? Gov’t Code Section 9148.50 contains three legislative findings and declarations including that California’s government structure “contains more than 400 categories of administrative or regulatory boards, commissions, committees, councils, associations, and authorities.”

 

In addition, there is not “any method of periodically reviewing their necessity, effectiveness, or utility.” Section 9148.51 provides that it is the intent of the Legislature that all state agencies are subject to review in order to evaluate and determine whether each agency has demonstrated a public need for its continued existence.

 

Which legislative committee reviews state agencies? Gov’t Code Section 9148.52 requires the Joint Sunset Review Committee to review all eligible agencies and for the joint committee to evaluate and make determinations.

 

In addition, the joint committee is required to make a report that is publicly available regarding whether an agency should be terminated, or continued, or whether its functions should be revised or consolidated with those of another agency. Moreover, the joint committee must make any other recommendations necessary to improve the effectiveness and efficiency of state agencies.

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