2009 California Business and Professions Code - Section 474-474.4 :: Chapter 2. Review Of Other State Boards

474.  The Joint Committee on Boards, Commissions, and Consumer
Protection established pursuant to Section 473 shall review all state
boards as defined in Section 9148.2 of the Government Code, in
addition to boards subject to review pursuant to Chapter 1
(commencing with Section 473), every four years or over another time
period as determined by the committee.

474.1.  Prior to recommending the termination, continuation, or
reestablishment of any board or any of the state board's functions,
the Joint Committee on Boards, Commissions, and Consumer Protection
shall hold public hearings to receive testimony from the board
involved and the public. In that hearing, each board shall have the
burden of demonstrating a compelling public need for the continued
existence of the board.

474.2.  All state boards to which this chapter applies shall prepare
an analysis and submit a report to the Joint Committee on Boards,
Commissions, and Consumer Protection not later than 22 months before
that state board is scheduled to be reviewed by the committee. The
analysis and report shall include, at a minimum, all of the
following:
   (a) A comprehensive statement of the state board's mission, goals,
objectives, and legal jurisdiction in protecting the health, safety,
and welfare of the public.
   (b) The board's fund conditions, sources of revenues, and
expenditure categories for the last four fiscal years by program
component.
   (c) The board's initiation of legislative efforts, budget change
proposals, and other initiatives it has taken to improve its
legislative mandate.
   (d) A complete cost-benefit analysis of the board's operation for
each of the four years preceding the date of the report or over a
time period specified by the committee.

474.3.  (a) The Joint Committee on Boards, Commissions, and Consumer
Protection shall evaluate and determine whether a state board as
defined in Section 9148.2 of the Government Code, other than a board,
subject to review pursuant to Chapter 1 (commencing with Section
473), has demonstrated a public need for its continued existence
based on, but not limited to, the following factors and minimum
standards of performance:
   (1) Whether the board is necessary to protect the public health,
safety, and welfare.
   (2) Whether the basis or facts that necessitated the initial
creation of the state board have changed.
   (3) If the state board is necessary, whether existing statutes and
regulations establish the most effective regulation consistent with
the public interest, considering other available regulatory
mechanisms, and whether the board rules enhance the public interest
and are within the scope of legislative intent.
   (4) Whether the state board operates and enforces its
responsibilities in the public interest and whether its mission is
impeded or enhanced by existing statutes, regulations, policies,
practices, or any other circumstances, including budgetary, resource,
and personnel matters.
   (5) Whether an analysis of the state board indicates that it
performs its statutory duties efficiently and effectively.
   (6) Whether the composition of the state board adequately
represents the public interest and whether it encourages public
participation in its decisions rather than participation only by the
entities it regulates or advises.
   (7) Whether the state board and its laws or regulations stimulate
or restrict competition, and the extent of the economic impact the
board's regulatory practices have on the state's business and
technological growth.
   (8) Whether administrative and statutory changes are necessary to
improve the state board operations to enhance the public interest.
   (b) The Joint Committee on Boards, Commissions, and Consumer
Protection shall consider the appropriateness of eliminating and
consolidating responsibilities between state boards.
   (c) Nothing in this section precludes any state board or, if
requested by the Joint Committee on Boards, Commissions, and Consumer
Protection, the Legislative Analyst's Office, from submitting other
appropriate information to the Joint Committee on Boards,
Commissions, and Consumer Protection.

474.4.  The Joint Committee on Boards, Commissions, and Consumer
Protection shall meet to vote on final recommendations. A final
report shall be completed by the committee and made available to the
public and the Legislature. The report shall include final
recommendations of the committee and whether each board or function
shall be terminated, or continued, and whether its functions should
be revised or consolidated with those of other state boards. If the
committee deems it advisable, the report may include proposed bills
to carry out its recommendations.