Drafting Checklist for Creating a New Entity in California

When drafting a bill to create a new entity or commission in California law, the following are some of the component parts of that legislation:

Membership and Qualifications. A committee should be composed of an odd number of members to limit the chances that a vote will end in a tie.

Terms of Office. Initial terms of statutory committees should be staggered so that some of the initial committee members will continue with new committee members joining so that the entire committee is not replaced at the same time.

Appointing Authority. Who appoints the members? In most instances, the Governor appoints committee members, but there are numerous instances in which the Senate Rules Committee and Assembly Speaker also make appointments. In addition, with the Senate Rules Committee confirm the gubernatorial appointees?

Officers. The law should set forth who will serve as chairperson of the committee or allow the committee members to elect a chairperson from among the committee members.

Compensation and Expenses. In most instances, committee members do not receive compensation, but a common practice is to provide members with reimbursement of expenses.

Meetings. The law should set forth the number or frequency of meetings on an annual basis, and perhaps their location.

Powers and Duties. The law should set forth the committee’s powers and duties.

Staffing. The law should set forth those who will provide the committee with administrative support and meeting room space.

Duration. If the committee is temporary in nature, the law should set forth a repeal section for the act.

Termination. The law should set forth a specific expiration date for the board, commission, committee, council, or panel, but do not include a “sunset” provision in the bill where the board, commission, committee or council is part of an agency that is already on a sunset schedule.

Appropriation. The law should set forth any appropriation to ensure adequate funding for the committee’s operation.