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Legislative Committee Room. (Photo: Kevin Sanders for California Globe)

The Joint Legislative Audit Committee

The committee is authorized to make rules governing its own proceedings and to create subcommittees

By Chris Micheli, October 6, 2024 3:06 pm

Article 1 deals with the Joint Legislative Audit Committee. Section 10500 states that it is the desire of the Legislature to create the Office of the Auditor General, whose primary duties are to perform performance audits as may be requested by the Legislature.

The authority of the office is under the direction of the Joint Legislative Audit Committee, whose job is confined to examining and reporting and is in no way to interfere with adequate internal audit to be conducted by the executive branch of the government or the state audit or other audits required by statute to be performed by the State Auditor.

Section 10501 created the Joint Legislative Audit Committee. The committee is required to determine the policies of the Auditor General, ascertain facts, review reports and take action, and make reports and recommendations to the Legislature and to the two houses concerning the state audit, the revenues and expenditures of the State, its departments, subdivisions, and agencies, and other matters as may be provided for in the Joint Rules of the Senate and Assembly.

In addition, the committee has a continuing existence and may meet, act, and conduct its business at any place within this State, during the sessions of the Legislature or any recess, and in the interim period between sessions.

Section 10502 provides that the committee consists of seven Members of the Senate and seven Members of the Assembly who are selected in the manner provided for in the Joint Rules of the Senate and Assembly. The committee elects its own chairperson.

In addition, any vacancies occurring in the membership of the committee between general sessions of the Legislature are filled in the manner provided for in the Joint Rules of the Senate and Assembly. A vacancy is deemed to exist as to any member of the committee whose term is expiring whenever the member is not reelected at the general election.

Section 10503 authorizes the committee to make rules governing its own proceedings and to create subcommittees from its membership and assign to subcommittees any study, inquiry, investigation, or hearing which the committee itself has authority to undertake or hold. Joint Rule 36 relating to investigating committees applies to the committee and the committee has the powers, duties and responsibilities as the Joint Rules of the Senate and Assembly prescribe, and all the powers conferred upon committees by the Constitution.

Section 10504 requires the Auditor General, after recommendation by the committee, to be selected by adoption of a concurrent resolution. When the Legislature is not in session, the committee may suspend the Auditor General until the Legislature reconvenes. When the Legislature is in session, the committee may suspend the Auditor General for a period not to exceed 30 days.

In addition, when there is a vacancy in the office of Auditor General, the Chair of the Joint Legislative Audit Committee selects an acting Auditor General until an Auditor General is selected by the Legislature. The committee fixes the salary of the Auditor General, deputies, and staff. The funds for the support of the committee are provided from the Contingent Funds of the Assembly and Senate in the same manner that those funds are made available to other joint committees of the Legislature.

Section 10504.1 requires at least one deputy auditor general to be a certified public accountant.

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