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[Government Organization] - Reorganization Plans - Executive Branch, 1968-1971 (2 of 2)
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118565018
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[Government Organization] - Reorganization Plans - Executive Branch, 1968-1971 (2 of 2)
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Ronald Reagan's Governor's Papers of the Press Unit
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Reagan, Ronald: Gubernatorial Papers,
1966-74: Press Unit
Folder Title: [Government Organization] -
Reorganization Plans - Executive Branch,
1968-1971 (2 of 2)
Box: P36
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
STATUTORY LANGUAGE-
Reorganization
Plan No. 2 of 1970
As Required by Section 8523 of the Government Code
An act to amend Sections 23, 23.5, 23.6, 100, 101, 102, 107.5,
130, 150, 155, 158, 160, 160.5, 203, 204, 205, 400, 401, 402, 403,
404, 405, 460, 677, 1601, 1616, 1704, 2100, 2116, 2135, 2136,
2311, 2451.4, 2607, 2632, 2701, 2715, 2742, 2841, 2854, 2857,
2872, 2920, 2933, 3010, 3027, 3055, 3148, 3151, 4000, 4006,
4010, 4010.5, 4049.5, 4140, 4360, 4380, 4416, 4505, 4800, 4847,
4853, 5000, 5001, 5002, 5015, 5017, 5081.3, 5510, 5514, 5515,
5525, 5551, 5620, 5621, 5629, 5652, 6500, 6501, 6502, 6509,
6511, 6553, 6553.5, 6630, 6710, 6711, 6712, 6762, 6851, 6860,
6861, 6864, 6865, 6865.5, 6866, 6901, 6911, 6950, 7000.5, 7001,
7002, 7003, 7011, 7012, 7075, 7136, 7200, 7301, 7302, 7303,
7309, 7311, 7314, 7375, 7381, 7410, 7413, 7501, 7503, 7512,
7513, 7581, 7601, 7602, 7603, 7608, 7628, 7680, 7810, 7813,
7814, 7850, 8000, 8005, 8008, 8501, 8509, 8520, 8521, 8522,
8529, 8561, 8612, 8702, 8747, 8775.3, 9001, 9007, 9008, 9530,
9532, 9533.5, 9540.5, 9540.51, 9541, 9541.1, 9597, 9625, 9626,
9628, 9711, 9801, 9810, 9811, 9817, 9870, 9871, 9872,
LEGISLATIVE COUNSEL'S DIGÉST
Executive reorganization: plan 2.
Amends, adds, repeals, various provisions, various codes.
Reduces Executive Reorganization Plan No. 2 of 1970 to statutory
form without substantive change.
Specifically changes the name of the Department of Professional
and Vocational Standards to the Department of Consumer Affairs and
title of Director of Professional and Vocational Standards to Director
of Consumer Affairs; transfers the Office of Consumer Counsel to De-
partment of Consumer Affairs; abolishes the Collection Agency Li-
censing Bureau and the Bureau of Private Investigators and Adjusters
and transfers the functions of those bureaus to a newly created Bureau
of Collection and Investigative Services; changes the name of the
Bureau of Electronic Repair Dealer Registration to the Bureau of
Repair Services; transfers the authority to employ investigative, in-
- 3 -
- 2 -
The people of the State of California do enact as follows:
9874, 9907, 9908, 9920, 9922, 9950, 9992, 17500.1, 17805,
1
SECTION 1. Section 23 of the Business and Professions Code
17806, 17807, 18620, 18626, 18672, 19004, 19030, 19031,
2 is amended to read
19032, 19035.1, 19035.2, 19035.3, 19052, 19054, 19056, 19058,
3
23. "Department," unless otherwise defined, refers to the
19059, 19059.5, and 19206 of, to add Sections 159.5, 164,
4 Department of Professional and Vocational Standards Con-
6908, 7510, 7531, and 9949 to, and Chapter 8 (commencing
5 sumer Affairs.
with Section 470) to Division / of, and to repeal Sections
6
Wherever the laws of this state refer to the Department of
6908, 7510, 7531, 9949, and 9996 of, the Business and Pro-
7 Professional and Vocational Standards, the reference shall be
fessions Code, to amend Sections 11200, 11501, 11554, 12040,
8 construed to be to the Department of Consumer Affairs.
and 12804 of, and to repeal Article 5 (commencing with
9
SEC. 2. Section 23.5 of the Business and Professions Code
Section 12050) of Chapter 1 of Part 2 of Division 3 of Title
10 is amended to read
2 of, the Government Code, to amend Section 830.3 of the
11
23.5. "Director," unless otherwise defined, refers to the
Penal Code, and to amend an initiative act entitled An act
12 Director of Professional and Vocational Standards Consumer
to establish a board of osteopathic examiners, to provide for
13 Affairs.
their appointment, and to prescribe their powers and duties;
14
Wherever the laws of this state refer to the Director of Pro-
to regulate the examination of applicants, who are graduates
15 fessional and Vocational Standards, the reference shall be con-
of osteopathic schools, for any form of certificate to treat
16
strued to be to the Director of Consumer Affairs.
disease, injuries, deformities or other physical or mental
17
SEC. 3. Section 23.6 of the Business and Professions Code
conditions; to regulate the practice of those so licensed, who
18 is amended to read:
are graduates of osteopathic schools; to impose upon said
19
23.6. Appointing power," unless otherwise defined, refers
board of osteopathic examiners all duties and functions, re-
20 to the Director of Professional and Vocational Standards Con-
lating to graduates of osteopathic schools, holding or apply-
21 sumer Affairs.
ing for any form of certificate or license, heretofore ewer-
22
SEC. 4. Section 100 of the Business and Professions Code
cised and performed by the board of medical examiners of
23
is amended to read:
the State of California under the provisions of the state
24
100. There is in the state government, in the Agriculture
medical practice act, approved June 2, 1913, and acts
25
and Services Agency, a Department of Professional and Voca-
amendatory thereof" approved by electors November 7,
26 tional Standards Consumer Affairs.
1922, by amending Section 1 thereof, relating to the reor-
27
SEC. 5. Section 101 of the Business and Professions Code
ganization of the executive branch of the California state
28
is amended to read:
government.
29
101. The department is comprised of
30
(a) The Board of Dental Examiners of California.
spectional, and auditing personnel from the different agencies in the
31
(b) The Board of Medical Examiners of the State of Cali-
Department of Professional and Vocational Standards to Department
32 fornia.
of Consumer Affairs; transfers all functions of any agency in the
33
(c) The State Board of Optometry.
Department of Professional and Vocational Standards to determine
34
(d) The California State Board of Pharmacy.
the form and content of any license, certificate, permit or similar indicia
35
(e) The Board of Examiners in Veterinary Medicine.
of authority to the Director of Consumer Affairs, and provides for the
36
(f) The State Board of Accountancy.
appointment of a public member to replace one of the licensee mem-
37
(g) The California State Board of Architectural Examiners.
bers on the State Board of Accountancy, California State Board of
38
(h) The State Board of Barber Examiners.
Architectural Examiners, State Board of Landscape Architects, State
39
(i) The State Board of Registration for Civil and Profes-
Board of Barber Examiners, State Board of Registration for Pro-
40
sional Engineers.
fessional Engineers, Collection Agency Advisory Board, Contractors'
41
(j) The Contractors' State License Board.
State License Board, State Board of Cosmetology, State Board of Fun-
42
(k) The State Board of Cosmetology.
eral Directors and Embalmers, State Board of Registration for Geolo-
43
(1) The State Board of Funeral Directors and Embalmers.
gists, Structural Pest Control Board, Cemetery Board, and California
44
(m) The Structural Pest Control Board.
Advisory Board of Furniture and Bedding.
45
(n) The Bureau of Furniture and Bedding Inspection.
46
(o) The California Board of Nursing Education and Nurse
47
Registration.
48
(p) The State Board of Dry Cleaners.
49
(q) The Board of Chiropractic Examiners.
2-80035-C
- 4
- 5
1
(r) The Board of Social Work Examiners of the State of
1 Thereafter, appointment to such office shall be for a term of
2
California.
2 four years expiring on June 1st.
3
(s) The State Athletic Commission.
3
(b) Subdivision (a) of this section shall apply to the follow-
4
(t) The Cemetery Board.
4 ing boards or committees:
5
(u) The State Board of Guide Dogs for the Blind.
5
(1) Board of Medical Examiners of the State of California
6
(v) The Bureau of Private Investigators and Adjusters Col-
6
(2) Podiatry Examining Committee
7 lection and Investigative Services.
7
(3) Physical Therapy Examining Committee
8
(w) The Certified Shorthand Reporters Board.
8
(4) California Board of Nursing Education and Nurse Reg-
9
(x) The Board of Vocational Nurse and Psychiatric Techni-
9 istration
10 cian Examiners of the State of California.
10
(5) Board of Vocational Nurse and Psychiatric Technician
11
(y) The California State Board of Landscape Architects,
11 Examiners of the State of California
12
(z) The Collection Agency Licensing Bureau.
12
(6) State Board of Optometry
13
(aa) (2) The Bureau of Electronic Repair Dealer Registra-
13
(7) California State Board of Pharmacy
14 tion Repair Services.
14
(8) Board of Examiners in Veterinary Medicine
15
(ab) (aa) The Bureau of Employment Agencies.
15
(9) California State Board of Architectural Examiners
16
(ac) (ab) The Board of Osteopathic Examiners.
16
(10) Designers' Qualifications Advisory Committee
17
(ac) The Division of Investigation.
17
(11) California State Board of Landscape Architects
18
(ad) Any other boards, offices, or officers subject to its
18
(12) State Board of Barber Examiners
19 jurisdiction by law.
19
(13) State Board of Registration for Professional Engineers
20
SEC. 6. Section 102 of the Business and Professions Code
20
(14) Contractors' State License Board
21 is amended to read:
21
(15) State Board of Cosmetology
22
102. Upon the request of any board regulating, licensing,
22
(16) State Board of Guide Dogs for the Blind
23 or controlling any professional or vocational occupation cre-
23
(17) State Board of Funeral Directors and Embalmers
24 ated by an initiative act, the Director of Professional and Vo-
24
(18) Social Worker and Marriage Counselor Qualifications
25 cational Standards Consumer Affairs may take over the duties
25 Board of the State of California
26 of the board under the same conditions and in the same man-
26
(19) Structural Pest Control Board
27 ner as provided in this code for other boards of like charac-
27
(20) Cemetery Board
28 ter. Such boards shall pay a proportionate cost of the adminis-
28 (21) Advisory Board, Bureau of Electronic Repair Dealer
29 tration of the department on the same basis as is charged other
29 Registration Repair Services Advisory Board
30 boards included within the department. Upon request from
30
(22) Certified Shorthand Reporters Board
31 any such board which has adopted the provisions of Chapter 5
31
(23) State Board of Registration for Geologists
32 (commencing with Section 11500) of Part 1 of Division 3 of
32
(24) State Athletic Commission
33 Title 2 of the Government Code as rules of procedure in pro-
33
(25) California Advisory Board to the Bureau of Employ-
34 ceedings before it, the director shall assign hearing officers for
34 ment Agencies
35 such proceedings in accordance with Section 110.5.
35
(26) Board of Osteopathic Examiners of the State of Cali-
36
SEC. 7. Section 107.5 of the Business and Professions Code
36 fornia
37 is amended to read:
37
SEC. 9. Section 150 of the Business and Professions Code
38
107.5. If any board in the department uses an official seal
38 is amended to read:
39 pursuant to any provision of this code, the seal shall contain
40 the words "State of California" and "Department of Profes-
40 39 tive officer who is known as the Director of Professional and
150. The department is under the control of a civil execu-
41 sional and Vocational Standards Consumer Affairs in addi-
41 Vocational Standards Consumer Affairs.
42 tion to the title of the board, and shall be in a form approved
42
SEC. 10. Section 155 of the Business and Professions Code
43 by the director.
43 is amended to read:
44
SEC. 8. Section 130 of the Business and Professions Code
155. The In accordance with the provisions of Section
45 is amended to read:
44 45 159.5, the director may employ such investigators, inspectors,
46
130. (a) Notwithstanding any other provision of law, as
46 and deputies as are necessary properly to investigate and
47 the term of office of any member of an agency designated in
47 prosecute all violations of any law, the enforcement of which is
48 subdivision (b) of this section expires on or after the effec-
48 charged to the department or to any board, agency or commis-
49 tive date of this section, the first appointment to such office
49 sion in the department.
50 thereafter shall be for a term expiring on June 1st of the third
50
SEC. 11. Section 158 of the Business and Professions Code
51 year following the year in which such previous term expired.
51 is amended to read:
- 7
- 6
1
158. With the approval of the Director of the Department
1 2 mit, or similar indicia of authority issued by any agency in the
164. The form and content of any license, certificate, per-
2 of Professional and Vocational Standards Consumer Affairs,
3 department, including any document evidencing renewal of a
3 the boards and commissions comprising the department or sub-
4 license, certificate, permit, or similar indicia of authority, shall
4 ject to its jurisdiction may make refunds to applicants who
5 be determined by the director after consultation with and con-
5 are found ineligible to take the examinations or whose creden-
6 sideration of the views of the agency concerned, except that
6 tials are insufficient to entitle them to certificates or licenses.
7 supplies on hand on the first day after final adjournment of
7
Notwithstanding any other provision of law any application
8 the 1970 Regular Session may be used until they are exhausted
8 fees, license fees or penalties imposed and collected illegally,
9 or until December 31, 1971, whichever is earlier.
9 by mistake, inadvertence, or error shall be refunded. Claims
10
SEC. 16. Section 203 of the Business and Professions Code
10 authorized by the department shall be filed with the State Con-
11 is amended to read:
11 troller, and the Controller shall draw his warrant against the
12 13 State Treasurer by the department for credit to the profes-
203. The amount of the warrant shall be remitted to the
12 fund of the agency in payment of such refund.
13
SEC. 12. Section 159.5 is added to the Business and Pro-
14 sional and vocational standards' fund Consumer Affairs Fund.
14 fessions Code, to read:
15 The department shall pay all of its necessary administrative
15
159.5. There is in the department the Division of Investiga-
16 expenses out of this fund the Consumer Affairs Fund.
16 tion. The division is in charge of a person with the title of
17
SEC. 17. Section 204 of the Business and Professions Code
17
Chief of the Division.
18 is amended to read:
18
All positions for the personnel necessary to provide investi-
19
204. A sum, not to exceed 1 percent of the total amount
19 gative, inspectional, and auditing services to the agencies in
20 appropriated for all of the boards herein mentioned may be
20 the department shall be in the division and such personnel
21 withdrawn from the professional and vocational standards'
21 shall be appointed by the director. However, if, pursuant to
22 fund Consumer Affairs Fund without at the time furnishing
22 the Governor's Reorganization Plan No. 2 of the 1970 Regu-
23 vouchers and itemized statements. This sum shall be used as a
23 lar Session, any agency has any investigative, inspectional, or
24 revolving fund where cash advances are necessary, and at the
24 auditing positions of its own, the agency shall retain such
25 26 the Department of Finance, shall be accounted for and sub-
close of each biennium, or at any other time, upon demand of
25 positions until the director determines, after consultation with
26 and consideration of the views of the particular agency con-
27
stantiated by vouchers and itemized statements submitted to
27 cerned, that the positions should be transferred to the division
28
and audited by the State Controller.
28 in the interests of efficient, economical, and effective service
29
SEC. 17.5. Section 205 of the Business and Professions
29 to the public, at which time they shall be SO transferred.
30 Code is amended to read:
30
SEC. 13. Section 160 of the Business and Professions Code
31 32 Vocations Fund. The fund shall consist of the following special
205. There is in the State Treasury the Professions and
31 is amended to read:
32
160. The Chief and all investigators of the division of in-
33 funds:
33 vestigation Division of Investigation of the department have
34
Accountancy Fund.
34 the authority of peace officers while engaged in exercising the
35
California State Board of Architectural Examiners' Fund.
35 powers granted or performing the duties imposed upon them
36
Athletic Commission Fund.
36 or the division in investigating the laws administered by the
37
State Board of Barber Examiners' Fund.
37 various boards comprising the department or commencing di-
38
Cemetery Fund.
38 rectly or indirectly any criminal prosecution arising from any
39
Contractors' License Fund.
39 investigation conducted under these laws. All persons herein
40
Board of Cosmetology's Contingent Fund.
40 referred to shall be deemed to be acting within the scope of
41
State Dentistry Fund.
41 employment with respect to all acts and matters in this section
42
Dry Cleaners' Fund.
42 set forth.
43
State Funeral Directors and Embalmers' Fund.
43
SEC. 14. Section 160.5 of the Business and Professions
44
Bureau of Furniture and Bedding Inspection Fund.
44 Code is amended to read:
45
State Board of Landscape Architects' Fund.
45
160.5. Inspectors of the Division of Investigation of the
46
Contingent Fund of the Board of Medical Examiners.
46 department shall perform the inspections authorized by the
47
Board of Nurse Examiners' Fund.
47 boards agencies within the department. The assignment of in-
48
State Optometry Fund.
48 spectors shall be made by the chief of the division Chief of the
49
Pharmacy Board Contingent Fund.
49 Division with the approval of the director.
50
Physical Therapy Fund.
50
SEC. 15. Section 164 is added to the Business and Profes-
51
Private Investigator and Adjuster Fund.
51 sions Code, to read:
52
Professional Engineers' Fund.
- 9
- 8 -
1 board, or agency, and any other department, board or agency,
Professional and Vocational Standards' Consumer Affairs
2 supported in whole or in part from the general fund or special
1
3 funds, may transfer in the manner authorized by law any
2 Fund.
3
Registered Social Workers' Fund.
4 money appropriated or made available for their use or invest-
Shorthand Reporters' Fund.
5 ment to the Department of Professional and Vocational Stand-
4
5
Structural Pest Control Fund.
6 ards fund Consumer Affairs Fund for expenditure by the De-
6
Board of Veterinary Examiners' Contingent Fund.
7 partment of Professional and Vocational Standards Consumer
7
Vocational Nurse Examiners' Fund.
8 Affairs for the purposes of this chapter.
8 9 sions and Vocations Fund shall be deemed to be a single
For accounting and recordkeeping purposes, the Profes-
9
SEC. 21. Section 403 of the Business and Professions Code
10 is amended to read:
10 special fund, and each of the several special funds therein
11 403. Any building constructed by the Department of Pro-
11 shall constitute and be deemed to be a separate account in the
12 fessional and Vocational Standards Consumer Affairs under
12 Professions and Vocations Fund. Each such account or fund
13 this chapter shall be subject to the supervision of the Depart-
13 shall be available for expenditure only for such purposes as
14 ment of Professional and Vocational Standards Consumer Af-
14 are now or may hereafter be provided by law.
15 fairs in accordance with rules and regulations established by
15
SEC. 18. Section 400 of the Business and Professions Code
16 the Department of Professional and Vocational Standards
16 is amended to read:
17 Consumer Affairs and the Department of General Services.
400. The Department of Professional and Vocational
18
The Department of Professional and Vocational Standards
17 18 Standards Consumer Affairs may, with the approval of the
19 Consumer Affairs may, with the approval of the Department
19 Department of General Services, purchase or otherwise acquire
20 of General Services, rent the space therein to any other depart-
20 real property and may construct and equip buildings and
21 ment and to any board or agency for such rentals and upon
21 make improvements thereon for its use and the use of the
22 such terms and conditions as the Department of Professional
22 boards and commissions comprising the department or subject
23 and Vocational Standards Consumer Affairs deems fit.
23 to its jurisdiction and for the use of other departments, boards
24
The costs of operation, maintenance, repairs, and other rea-
24 and agencies of the state, irrespective of the funds from which
25 sonable and necessary expenses shall be paid from rentals.
25 appropriations are made for their support.
26 Thereafter, from such net rentals there shall be returned to
SEC. 19. Section 401 of the Business and Professions Code
27 the General Fund of the state and to such other funds from
26
27 is amended to read:
28 which contributions were made to the cost of the facilities,
401. When there is money in the fund of any board or
29 amounts commensurate with the financial requirements of the
28 29 commission comprising the Department of Professional and
30 various funds from which contributions were made; the re-
30 Vocational Standards Consumer Affairs or subject to its juris-
31 turnable amounts to be determined by the Department of Pro-
31 diction, which money, the Director of Professional Voca-
32 fessional and Vocational Standards Consumer Affairs, with the
32 tional Standards Consumer Affairs finds, is not required to
33 approval of the Department of General Services, and not to
33 meet any demand which has accrued or may accrue against the
34 exceed the amount of the original contributions from the re-
34 fund, the Controller, upon executive order of the Director of
35 spective funds; provided, however, that interest may be paid
35 Finance, shall transfer the sum designated by the Director of
36 on the contributions in the manner and amount determined
36 Professional and Vocational Standards Consumer Affairs from
37 by the Department of Professional and Vocational Standards
37 the fund of the board or commission to the Department of
38 Consumer Affairs with the approval of the Director of General
38 Professional and Vocational Standards fund Consumer Affairs
39 Services.
39 Fund to be used for the purposes of this chapter.
40 SEC. 22. Section 404 of the Business and Professions Code
No money may be taken from the fund of any board or com-
41 is amended to read:
40 41 mission when it will interfere with the administrative duties
42 404. The Department of Professional and Vocational
42 imposed upon the board or commission. The unencumbered,
43 Standards Consumer Affairs and the Department of General
43 unexpended money in the fund of any board in division
44 Services may establish rules and regulations for the adminis-
44 number one of the department shall never be reduced to less
45 tration of any building constructed under this chapter.
45 than twenty-five thousand dollars ($25,000) by any transfer
46 SEC. 23. Section 405 of the Business and Professions Code
46 ordered by the Director of Professional and Vocational Stand-
47 is amended to read:
47 ards Consumer Affairs under this chapter.
48
405. Rentals received under Section 403 shall be deposited
SEC. 20. Section 402 of the Business and Professions Code
49 in and disbursed pursuant to said that section from the Pro-
48
49 is amended to read:
50 fessional and Vocational Standards Consumer Affairs Fund.
402. The Department of Finance, from funds at its disposal
51 On July 1, 1953, the unexpended balance of any such rentals
50 51 for office and housing facilities for any other department,
52 on deposit in the Special Deposit Fund shall, on order of the
- 10 -
- 11 -
1 State Controller, be transferred to the Professional and Voca-
1
2 tional Standards Fund.
474. The Governor may also appoint and fix the salaries
3
SEC. 24. Section 460 of the Business and Professions Code
2 of such assistants and employees for the Consumer Counsel
4 is amended to read:
3 as the Governor may deem necessary. Such salaries shall be
5
460. No city or county shall prohibit a person, authorized
4 fixed as nearly as possible to conform to the salaries
6 by one of the agencies in the Department of Professional and
5 established by the State Personnel Board for classes of posi-
7 Vocational Standards Consumer Affairs by a license, certifi-
6 tions in the state civil service involving comparable duties and
8 cate, or other such means to engage in a particular business,
7 responsibilities.
8
9 from engaging in that business, occupation, or profession or
475. The Consumer Counsel, through the Secretary of the
10 any portion thereof. Nothing in this section shall prohibit
9 Agriculture and Services Agency, shall advise the Governor
11 any city or county or city and county from levying a business
10 as to all matters affecting the interests of the people as con-
12 license tax solely for revenue purposes nor any city or county
11 sumers. The Consumer Counsel, through the Secretary of the
13 from levying a license tax solely for the purpose of covering
12 Agriculture and Services Agency, shall recommend to the
14 the cost of regulation.
13 Governor and to the Legislature the enactment of such legis-
15
SEC. 25. Chapter 8 (commencing with Section 470) is
14 lation as he deems necessary to protect and promote the in-
16 added to Division 1 of the Business and Professions Code,
15 terests of the people as consumers.
16
17 to read:
476. The Consumer Counsel in carrying out his functions
18
CHAPTER 8. CONSUMER COUNSEL
17 under Section 475, shall make such studies as he deems neces-
19
18 sary, or as directed by the Governor or the Secretary of the
20
470. There is in the Department of Consumer Affairs in
19 Agriculture and Services Agency, and may render reports
21 the Agriculture and Services Agency, the Office of Consumer
20 thereon from time to time to the people of the state.
22 Counsel.
21
477. In carrying out the provisions of this chapter, the
23
The Office of Consumer Counsel succeeds to and is vested
22 Consumer Counsel, with the approval of the Secretary of the
24 with all the duties, powers, purposes, responsibilities, and ju-
23 Agriculture and Services Agency, may:
25 risdiction vested in the Consumer Counsel in the office of the
24
(a) Appear before governmental commissions, departments,
26 Governor.
25 and agencies to represent and be heard on behalf of con-
27
The Office of Consumer Counsel is under the control of an
26
sumers' interests.
28 executive officer known as the Consumer Counsel, who shall
27
(b) Cooperate and contract with public and private agen-
29 be appointed by the Governor, subject to confirmation by the
28 cies for the obtaining of statistical surveys, printing, economic
30 Senate, and shall serve at his pleasure.
29 information, and such similar services as may be necessary and
31
471. The Office of Consumer Counsel may use the unex-
30 proper.
32 pended balances of funds available for use by the Consumer
31
(c) Do such other acts as may be incidental to the exercise
33 Counsel in the office of the Governor in connection with the
32
of his powers and functions as conferred by this chapter.
34 performance of the functions of the Consumer Counsel in
33
478. Each agency, officer, and employee of the state shall
35 the office of the Governor that are vested by Section 470 in
34 cooperate with the Consumer Counsel in carrying out his
36 the Office of the Consumer Counsel. Such funds shall be used
35 functions under this chapter.
37 by the Office of the Consumer Counsel only for the purposes
36
479. The Governor, by executive order, may create such
38 for which they were originally appropriated or otherwise
37 advisory committees as he deems necessary to assist the Con-
39 made available to the Consumer Counsel in the office of the
38 sumer Counsel in carrying out his functions under this chap-
40 Governor.
39 ter. The Governor shall appoint the members thereof and they
472. The Office of Consumer Counsel shall have the pos-
40 shall serve at his pleasure. The committees shall be under the
41
42 session and control of all records, papers, offices, equipment,
41 direction of the Consumer Counsel. The members of such ad-
43 supplies, moneys, funds, appropriations, land and other prop-
42 visory committees shall receive no compensation for their
44 erty, real or personal, held for the benefit or use of the Con-
43 services except that they shall receive their actual and neces-
45 sumer Counsel in the office of the Governor in the performance
44 sary expenses incurred in the discharge of their duties.
46 of the duties, powers, purposes, responsibilities, and jurisdic-
45
SEC. 26. Section 677 of the Business and Professions Code
47 tion of the Consumer Counsel that are vested in the Office of
46
is amended to read:
48 Consumer Counsel by Section 470.
47
677. Every person, firm, association, partnership, or cor-
49
473. The Consumer Counsel shall receive a salary as pro-
48 poration subject to the provisions of this article shall main-
50 vided for by Chapter 6 (commencing with Section 11550) of
49 tain records for at least three years, which records shall be
51 Part 1 of Division 3 of Title 2 of this code.
50 open to inspection by investigators of the Board of Nurse
51 Examiners and the Board of Vocational Nurse Examiners Di-
- 12
- 13 -
1 vision of Investigation of the department and by peace officers
1
SEC. 32. Section 2135 of the Business and Professions Code
2 acting in their official capacity.
2 is amended to read
3
The records shall include the names and address of the
3
2135. The board shall issue two forms of certificates under
4 persons admitted to the course of instruction and a copy of
4 its seal and signed by two members of the board. These certifi-
5 any written contract signed by such a person or, if no contract
5 cates shall be designated as:
6 is signed, a copy of the written notice given to such person.
6
(a) Physician's and surgeon's certificate.
7
A correspondence school whose home office is located outside
7
(b) Certificate to practice podiatry.
8 of this state need maintain the foregoing records only for per-
8
The physician's and surgeon's certificate may also be issued
9 sons residing in this state.
9 as a reciprocity certificate.
10
SEC. 27. Section 1601 of the Business and Professions Code
10
SEC. 33. Section 2136 of the Business and Professions Code
11 is amended to read:
11 is amended to read:
12
1601. There is in the Department of Professional and Voca-
12
2136. All certificates issued shall state the extent and
13 tional Standards Consumer Affairs a Board of Dental Exam-
13 character of the practice which is permitted - and shall be in
14 iners of California in which the administration of this chapter
14 the form preseribed by the board.
15 is vested. The board consists of seven practicing dentists and
15
SEC. 34. Section 2311 of the Business and Professions Code
16 one public member.
16 is amended to read
17
SEC. 28. Section 1616 of the Business and Professions Code
17
2311. All Except as otherwise required by the director pur-
18 is amended to read:
18 suant to Section 164, certificates issued pursuant to this article
19
1616. The Except as provided by Section 159.5, the board
19 shall be marked reciprocity certificate.
20 shall have full power to employ all necessary clerical and
20
SEC. 35. Section 2451.4 of the Business and Professions
21 other assistants and appoint its own attorney, prescribe his
21 Code is amended to read:
22 duties and fix his compensation. Members and employees of
22
2451.4. (a) On and after January 1, 1969 no certificates or
23 the board shall be entitled to other necessary traveling ex-
23 renewals of certificates to practice "chiropody" will be issued
24 penses.
SEC. 29. Section 1704 of the Business and Professions Code
24 by the board. In place of such term the board shall use the
25
25 words "podiatry" or "podiatrist" and shall not use the words
26 is amended to read:
26 "chiropody" or "chiropodist." In the case of all applications
27
1704. Any inspector of the board who has been duly ap-
27 for renewals of unexpired, expired, or suspended certificates
28 pointed and sworn, when acting under the direction of the
28 or licenses pursuant to Article 15 (commencing with Section
29 board or an officer thereof in the performance of his duties
29 2450) of Chapter 5 of Division 2, and upon the submission, by
30 as an inspector, and an inspector of the department's Division
31 of Investigation when engaged on behalf of the board in the
30 the podiatrist, of his existing certificate or license, or an appro-
32 performance of his duties as an inspector, has all powers and
31 priate affidavit as to the loss, mutilation or destruction thereof,
33 authority of a peace officer of the State of California.
32 together with the application for renewal thereof, the board
33 shall issue a new certificate or license to such podiatrist which
34
SEC. 30. Section 2100 of the Business and Professions Code
34 shall be identical to the previous certificate or license, except
35 is amended to read:
36
2100. There is in the Department of Professional and Vo
35 in the following respects:
36
(1) The words "podiatry" or "podiatrist" shall be used in
37 cational Standards Consumer Affairs a Board of Medical
38 Examiners of the State of California which consists of 11
37 all places instead of the words "chiropody" or "chiropodist."
38
(2) If the name of the academic institution from which the
39 members who shall be appointed by the Governor, one of whom
40 shall be a public member.
39 podiatrist has graduated and received a degree or diploma has
41
SEC. 31. Section 2116 of the Business and Professions Code
40 changed, the new name of such academic institution shall be
41 inserted in place and instead of the name on the previous cer-
42 is amended to read:
42 tificate or license.
43
2116. The board may prosecute all persons guilty of vio-
43
(3) If the academic institution from which the podiatrist
44 lating the provisions of this chapter.
44 has graduated and received a degree or diploma issues degrees
45
It may employ inspectors, special agents, and investigators,
45 or diplomas of "Doctor of Podiatric Medicine," then upon
46 any such clerical assistance as it may deem necessary to carry
46 submission of such proof as the board may require that the
47 into effect the provisions of this chapter. The board may fix
47 podiatrist has been awarded such degree or diploma, the term
48 the compensation to be paid for such service and may incur
48 or suffix "DPM" shall be inserted instead of the term or suffix
49 such other expenses as it may deem necessary.
49 in the previous certificate or license, notwithstanding any pro-
50
The Attorney General shall act as the legal counsel for
50 visions to the contrary in Section 2398.
51 the board and his services shall be a charge against it.
51
(4) If a graduate from an approved academic institution,
52 which is no longer in existence, receives a degree or diploma
- 14
- 15
1 of "Doctor of Podiatric Medicine" from any other approved
1
Within the meaning of this chapter, board, or the board,
2 academic institution, then upon submission of such proof as
2 refers to the California Board of Nursing Education and
3 the board may require that the podiatrist has been awarded
3 Nurse Registration. Any reference in state law to the Board
4 such degree or diploma, the term or suffix "DPM" shall be
4 of Nurse Examiners of the State of California shall be con-
5 inserted instead of the term or suffix in the previous certifi-
5 strued to refer to the California Board of Nursing Education
6 cate or license, notwithstanding any provisions to the contrary
6 and Nurse Registration.
7 in Section 2398.
7 SEC. 39. Section 2715 of the Business and Professions
8
(5) Any such certificate or license shall, at the bottom
8 Code is amended to read:
9 thereof, state the date upon which it is issued in the following
9
2715. The board shall prosecute all persons guilty of vio-
10 manner: "This Certificate to Practice Podiatry is issued on
10 lating the provisions of this chapter.
11
the
day of
and replaces the original certifi-
11
The Except as provided by Section 159.5, the board, in ac-
12 cate issued
12 cordance with the provisions of the civil service law, may em-
13
No action or proceeding commenced before the operative
13 ploy such personnel as it deems necessary to carry into effect
14 date of this section and no rights given by any certificate
14 the provisions of this chapter.
15 issued before the effective date of this section shall be affected
15
The board shall have and use a seal bearing the name
16 by the enactment of this section, but all procedures hereafter
16 "California Board of Nursing Education and Nurse Regis-
17 taken, and all rights resulting from any such certificates, shall
17 tration. The board may adopt, amend, or repeal, in accord-
18 hereafter conform to, and be exercised according to, the pro-
18 ance with the provisions of Chapter X 4.5 (commencing with
19 visions of this section as far as possible.
19 Section 11371), Part 1, Division 3, Title 2 of the Government
20
(b) Nothing in this section shall limit the authority of the
20 Code, such rules and regulations as may be reasonably neces-
21 director, pursuant to Section 164, to determine the form and
21 sary to enable it to carry into effect the provisions of this
22 content of the certificates referred to in this section; except
22 chapter.
23 that the director shall not have the authority to require that
23 SEC. 40. Section 2742 of the Business and Professions Code
24 any certificate contain the terms "chiropody" or "chiropo-
24 is amended to read:
25 dist."
25
2742. The board shall issue a license to each applicant who
26
SEC. 36. Section 2607 of the Business and Professions Code
26 passes the examination. The form of the license shall be de-
27 is amended to read:
27 termined by the beard in accordance with Section 164.
28
2607. The board may employ, subject to law, such inspec-
28
SEC. 41. Section 2841 of the Business and Professions Code
29 tors, special agents, investigators, clerical assistants and, ex-
29 is amended to read:
30 cept as provided in Section 159.5, other employees as it may
30
2841. There is hereby created in the Department of Pro-
31 deem necessary to carry out its powers and duties.
31 fessional and Vocational Standards Consumer Affairs a Board
32
SEC. 37. Section 2632 of the Business and Professions Code
32 of Vocational Nurse and Psychiatric Technician Examiners of
33 is amended to read:
33 the State of California, consisting of 11 members.
34
2632. All licenses for the practice of physical therapy in
34
Within the meaning of this chapter, board, or the board,
35 this state shall be issued by the board and all applications for
35 refers to the Board of Vocational Nurse and Psychiatric Tech-
36 such licenses shall be filed with the board. The Except as other-
36 nician Examiners of the State of California.
37 wise required by the director pursuant to Section 164, the
37 Sec. 42. Section 2854 of the Business and Professions
38 license issued by the board shall describe the licensee as a
38 Code is amended to read:
39 "Registered Physical Therapist licensed by the Board of Medi-
39 2854. The board shall prosecute all persons guilty of vio-
40 cal Examiners.
40 lating the provisions of this chapter.
41 Each application shall be accompanied by the application
41
It may employ inspectors, special agents, investigators and
42 fee prescribed by Section 2462, shall be signed by the appli-
42 such clerical assistance as it may deem necessary to carry into
43 cant, and shall contain a statement under oath of the facts
43 effect the provisions of this chapter. The board may fix the
44 entitling the applicant to receive a license without examina-
44 compensation to be paid for such services and may incur such
45 tion or to take an examination.
45 other expenses as it may deem necessary.
46
SEC. 38. Section 2701 of the Business and Professions
46
The board may adopt, amend, or repeal such rules and
47 Code is amended to read:
47 regulations as may be reasonably necessary to enable it to carry
48
2701. The Board of Nurse Examiners of the State of Cali-
48 into effect the provisions of this chapter. Such rules and regu-
49 fornia, consisting of six members, is continued in existence in
49 lations shall be adopted in accordance with the provisions of
50 the Department of Professional and Vocational Standards
50 the Administrative Procedure Act.
51 Consumer Affairs as the California Board of Nursing Educa-
51
Sec. 43. Section 2857 of the Business and Professions Code
52 tion and Nurse Registration.
52 is amended to read:
- 16 -
17
1
2857. The board shall issue a license under its seal and
1
(b) Following the effective date of the amendment made to
2
signed by the executive secretary. Such license shall be desig-
2 this section at the 1968 Regular Session and upon receipt of
3 nated as licensed vocational nurse license.
3 such application for the same as the board may prescribe, a
4
SEC. 44. Section 2872 of the Business and Professions Code
4 certificate of registration shall be issued to every person who
5 is amended to read
5 has satisfactorily passed the examination during 1963, 1964,
6
2872. The board shall issue a license to each applicant who
6 1965, 1966, 1967, or 1968 but who has not, as a condition
7 passes the examination. The form of the license shall be deter-
7 precedent to the issuance of such certificate, paid the initial
8 mined by the board in accordance with Section 164
8 certificate fee required by this section and prescribed by this
9
SEC. 45. Section 2920 of the Business and Professions Code
9 chapter under the provisions of the Statutes of 1961, Chapter
10
is amended to read
10
366, provided that
11
2920. The present Psychology Examining Committee of the
11
(1) No fact, circumstance, or condition exists which, if the
12 Board of Medical Examiners of the Department of Profes-
12 certificate were issued, would justify its revocation or suspen-
13 sional and Vocational Standards Consumer Affairs shall ad-
13 sion.
14 minister the provisions of this chapter. The committee shall
14
(2) No initial certificate fee required by this section and
15 consist of eight members appointed by the Governor, one of
15
prescribed by this chapter under the provisions of the Statutes
16 whom shall be a public member.
16
of 1961, Chapter 366, prior to the effective date of the amend-
17
SEC. 46. Section 2933 of the Business and Professions Code
17 ment made to this section at the 1968 Regular Session shall be
18
is amended to read
18
refunded if paid.
19
2933. The Except as provided by Section 159.5, the board
19
(3) Such application for a certificate of registration by such
20 shall employ and shall make available to the committee within
20 person shall, except as otherwise provided herein, be filed with
21 the limits of the funds received by the board all personnel nec-
21 the board prior to the time that such person engages in the
22 essary to carry out the provisions of this chapter. The board
22 practice of optometry in this state and not later than on or
23 shall make all expenditures to carry out the provisions of this
23 before December 31, 1969.
24 chapter. The board may accept contributions to effectuate the
24
(4) If such person is serving in the armed forces of the
25 purposes of this chapter.
25 United States, he may file his application either while still
26
SEC. 47. Section 3010 of the Business and Professions Code
26 actively engaged in such service or not later than one year
27
is amended to read
27 from the date of his discharge from active service or return
28
3010. There is in the Department of Professional and Vo
28 to inactive military status, but he shall not engage in the prac-
29 cational Standards Consumer Affairs a State Board of Optom-
29 tice of optometry in this state other than in active military
30 etry in which the enforcement of this chapter is vested. The
30 service without first applying to the board for a certificate of
31 board consists of six members appointed by the Governor, one
31 registration.
32 of whom shall be a public member.
32
SEC. 50. Section 3148 of the Business and Professions Code
33
Four members of the board shall constitute a quorum.
33 is amended to read
34
SEC. 48. Section 3027 of the Business and Professions Code
34
3148. From each fee for the renewal of a certificate of reg-
35 is amended to read:
35 istration for the renewal periods ending on January 31, 1962,
36
3027. The Except as provided by Section 159.5, the board
36 and on January 31, 1963, respectively, there shall be paid the
37 may employ agents and inspectors to secure evidence of, and
37 sum of eight dollars ($8), and from each fee for the renewal
38 report on, and prosecute to conviction all violations of this
38 of a certificate of registration for each biennial renewal period
39 chapter and may employ other necessary assistance in the car-
39 thereafter, there shall be paid the sum of sixteen dollars ($16)
40 rying out of the provisions of this chapter.
40 by the Director of the Department of Professional and Voca-
41
The Attorney General shall act as the legal counsel for the
41 tional Standards Consumer Affairs to the University of Cali-
42 board and his services shall be a charge against it.
42 fornia.
43
SEC. 49. Section 3055 of the Business and Professions Code
43
This sum shall be used at and by the University of Cali-
44 is amended to read
44 fornia solely for the advancement of optometrical research
45
3055. (a) All applicants, without discrimination, who satis-
45 and the maintenance and support of the department at the
46 factorily pass the examination, shall thereupon be registered in
46 university in which the science of optometry is taught.
47 the board's register of optometrists and a certificate of regis-
47
The balance of each renewal fee shall be paid into the op-
48 tration shall be issued to each one under the seal and signature
48 tometry fund Optometry Fund
49 of the members of the board. The certificate shall continue
49
SEC. 51. Section 3151 of the Business and Professions Code
50 in effect through the date provided in Section 3146 which next
50 is amended to read
51
occurs after its issuance, when it shall expire unless it is re-
51
3151. The Director of Professional and Vocational Stand-
52 newed in the manner provided in that section.
52
ards Consumer Affairs shall, within 30 days prior to each
- 18
- 19
1 general session of the Legislature, submit to the Governor a
1 declared to be a felony, although no felony has in fact been
2 full and true report of transactions under this chapter during
2 committed, he may make an arrest although the violation or
3 the current biennium, including a complete statement of re-
3 suspected violation did not occur in his presence.
4 ceipts and expenditures during that period.
4
In any case in which an arrest authorized by this subdivi-
5
In addition, the Director of Professional and Vocational
5 sion is made for an offense declared to be a misdemeanor, and
6 Standards Consumer Affairs, within 10 days after the begin-
6 the person arrested does not demand to be taken before a mag-
7 ning of each month, shall report to the State Controller all
7 istrate, the arresting inspector may, instead of taking such
8 collections and receipts for the preceding month, and at the
8 person before a magistrate, follow the procedure prescribed by
9 same time shall pay them into the Optometry Fund in the
9 Chapter 5C (commencing with Section 853.6) of Title 3 of
10 State Treasury.
10 Part 2 of the Penal Code. The provisions of such chapter shall
11
SEC. 52. Section 4000 of the Business and Professions Code
11 thereafter apply with reference to any proceeding based upon
12
is amended to read:
12 the issuance of a citation pursuant to this authority.
13
4000. There is in the Department of Professional and Vo-
13
(b) There shall be no civil liability on the part of, and no
14 cational Standards Consumer Affairs a California State Board
14 cause of action shall arise against, any person, acting pursuant
15 of Pharmacy in which the administration and enforcement of
15 to subdivision (a) and within the scope of his authority, for
16 this chapter is vested. The board consists of eight members
16 false arrest or false imprisonment arising out of any arrest
17 who shall be appointed by the Governor.
17 which is lawful, or which the arresting officer, at the time of
18
SEC. 53. Section 4006 of the Business and Professions
18 such arrest, had reasonable cause to believe was lawful. No such
19 Code is amended to read:
19 inspector shall be deemed an aggressor or lose his right to self-
20
4006. The executive secretary shall give receipts for all
20 defense by the use of reasonable force to effect the arrest or to
21 money received by him and pay it to the Department of Pro-
21 prevent escape or to overcome resistance.
22 fessional and Vocational Standards Consumer Affairs, taking
22
(c) Any such inspector may serve all processes and notices
23 its receipt therefor. Besides the duties required by this chap-
23 throughout the state.
24 ter, the executive secretary shall perform such other duties
24
SEC. 56. Section 4049.5 of the Business and Professions
25 pertaining to his office as may be required of him by the board.
25 Code is amended to read:
26
SEC. 54. Section 4010 of the Business and Professions
26
4049.5. "Authorized officers of the law'' means legally em-
27 Code is amended to read:
27 powered peace officers, and inspectors of the State Board of
28
4010. The Except as provided by Section 159.5, the board
28 Pharmacy or the department's Division of Investigation, and
29 may employ inspectors of pharmacy. The members of the board
29 inspectors of the State Bureau of Food and Drug Inspection.
30 and inspectors of pharmacy, whether such inspectors are em-
30
SEC. 57. Section 4140 of the Business and Professions Code
31 ployed by the board or are in the department's Division of In-
31 is amended to read:
32 vestigation, may inspect, during business hours, all pharma-
32
4140. The board may, upon written application, on a form
33 cies, dispensaries, stores or places in which drugs or poisons
33 furnished by the board, and in its discretion, issue a permit to
34 are compounded, dispensed or sold. Inspectors of pharmacy,
34 any person, permitting and authorizing such person to sell and
35 except inspectors of pharmacy who are in the employ of the
35 dispense hypodermic syringes and hypodermic needles for the
36 board on July 15, 1955, whose principal duties are the inspec-
36 purposes and uses specified in said permit by the board.
37 tion of pharmacies, and premises operated or conducted by a
37
SEC. 58. Section 4360 of the Business and Professions Code
38 wholesaler, shall be registered pharmacists.
38 is amended to read:
39
SEC. 55. Section 4010.5 of the Business and Professions
39
4360. A person whose certificate, license, permit, registra-
40 Code is amended to read:
40 tion or exemption has been revoked or suspended for more
41
4010.5. (a) The supervising pharmacy inspector and any
41 than one year, may petition the board to reinstate the certifi-
42 pharmacy inspector employed by the board or the department's
42 cate, license, permit, registration or exemption after a period
43 Division of Investigation shall have the authority, as a public
43 of not less than one year has elapsed from the date of the
44 officer, to arrest, without a warrant. any person whenever such
44 revocation or suspension.
45 officer has reasonable cause to believe that the person to be
45
The petition shall state such facts as may be required by
46 arrested has, in his presence, violated any provision of this
46 the board. The petition shall be accompanied by two or more
47 chapter or of Division 10.5 (commencing with Section 11901)
47 verified recommendations from holders of certificates, licenses,
48 of the Health and Safety Code, the violation of which is de-
48 permits, registrations or exemptions issued by the board to
49 clared to be a public offense. If such violation is a felony, or
49 which the petition is addressed and by two or more recommen-
50 if the arresting officer has reasonable cause to believe that the
50 dations from citizens each having personal knowledge of the
51 person to be arrested has violated any such provision which is
51 activities of the petitioner since the disciplinary penalty was
3-80035-C
- 20 -
21
1 imposed. The petition shall be heard at the next regular meet-
1
2 ing of the board, held not earlier than 30 days after the peti-
(c) The annual fee for a permit for a general dealer in
3 tion was filed. The hearing may be continued from time to
2 a rural district shall be fixed by the board at an amount not
4 time as the board finds necessary. No petition shall be consid-
3 to exceed five dollars ($5).
5 ered while the petitioner is under sentence for any criminal
4
(d) The fee for any applicant for registration shall be
6 offense, including any period during which he is on probation
5 fixed by the board at an amount not to exceed seventy-five
7 or parole.
6 dollars ($75).
7
8
In determining whether the disciplinary penalty should be
(e) The additional fee for the issuance of a certificate to
9 set aside and the terms and conditions, if any, which should
8 any licentiate, who is found by the board on examination to
10 be imposed if the disciplinary penalty is set aside, the board
9 be entitled to a certificate, shall be fixed by the board at an
11 may investigate and consider all activities of the petitioner
10 amount not to exceed twenty-five dollars ($25), except that,
12 since the disciplinary action was taken against him, the offense
11 if the certificate is issued less than one year before the next
13 for which he was disciplined, his activity during the time his
12 succeeding regular renewal date, the fee shall not exceed
14 certificate, license, permit, registration or exemption was in
13 fifteen dollars ($15). The board may, by regulation, provide
15 good standing, and his general reputation for truth, profes-
14 for the waiver or refund of the additional fee for the issu-
16 sional ability and good character. The affirmative vote of at
15 ance of a certificate where the certificate is issued less than
17 least five members of the board is necessary to set aside a
16 45 days before the next succeeding regular renewal date.
18 penalty and to restore a certificate, license, permit, registra-
17
(f) The fee for the reissuance of a certificate shall be fixed
19 tion or exemption with or without terms, conditions and re-
18 by the board at an amount not to exceed fifteen dollars ($15).
20 strictions. The board may grant or deny, without a hearing or
19
(g) Except as otherwise provided in this subdivision, the
21 argument, any petition filed pursuant to this section, where
20 renewal fee for a registered pharmacist may be fixed by the
22 the petitioner has been afforded a hearing upon any petition
21 board as follows:
23 filed pursuant to this section within a period of two years im-
22
(1) For the renewal period beginning on July 1, 1962, and
24 mediately preceding the filing of such petition.
23 ending on October 31, 1963, at an amount not to exceed ten
25
The executive secretary shall enter in his records of the
24 dollars ($10).
26 case all actions of the board in setting aside a disciplinary
25
(2) For the renewal period beginning on November 1, 1963,
27 penalty under this section, and he shall certify*notices to the
26 and ending on October 31, 1965, and for each biennial renewal
28 Department of Professional and Vocational Standards Con-
27 period thereafter, at an amount not to exceed fifty dollars
29 sumer Affairs. The Department of Professional and Vocational
28 ($50).
30 Standards Consumer Affairs shall make such changes on its
29
(h) The fee for a wholesaler shall be fixed by the board at
31 records as may be necessary.
30
an amount not to exceed two hundred dollars ($200).
32
SEC. 59. Section 4380 of the Business and Professions Code
31
(i) The fee for a hypodermic license shall be fixed by the
33 is amended to read:
32 board at an amount not to exceed five dollars ($5).
33
(j) The fee for renewal of a hypnotic license shall be fixed.
34
4380. At any time, when in its judgment it appears advis-
34 by the board at an amount not to exceed twenty dollars ($20).
35 able, the board may deputize one of its members; or any other
35 The fee for original issuance of the license shall be fixed by
36 competent person, to investigate any suspected violation of any
36 the board at an amount not to exceed twenty-five dollars ($25)
37 of the provisions of this chapter. If the result of such investi-
37 if the license is issued not less than one year before the next
38 gation seems to the board to justify such action, the board
38 succeeding regular renewal date, and at an amount not to
39 shall cause the prosecution of any person violating any of the
40 provisions of this chapter.
39
exceed fifteen dollars ($15) if the license is issued less than
40 one year before the next succeeding regular renewal date. The
41
SEC. 60. Section 4416 of the Business and Professions Code
41 board may, by regulation, provide for the waiver or refund of
42 is amended to read:
42 the fee for original issuance of the license where the license
43
4416. The amount of fees and penalties prescribed by this
43 is issued less than 45 days before the next succeeding regular
44 chapter, except as otherwise provided, is that fixed by the
44 renewal date.
45 following schedule:
45
(k) The penalty for failure to pay any renewal fee may be
46
(a) The fee for a permit to conduct a pharmacy shall be
46 fixed by the board at an amount not to exceed the sum of
47 fixed by the board at an amount not to exceed fifty dollars
47 ten dollars ($10) for each year of delinquency.
48 ($50) for each pharmacy.
48
(l) The fee for the reissuance of any permit, license, or
49
(b) The annual fee for renewal of the permit to conduct
49 certificate, or renewal thereof, except as provided by subdivi-
50 a pharmacy shall be fixed by the board at an amount not
50 sion (f), which has been lost or destroyed or which must be
51 to exceed fifty dollars ($50) for each pharmacy.
51 reissued because of a change in the information appearing
52 thereon is five dollars ($5).
- 22
- 23 -
1
(m) The fee for an application for exemption under Section
1
4853. All premises where veterinary medicine, veterinary
2
4050.6 shall be fixed by the board at an amount not to exceed
2
dentistry, or veterinary surgery is being practiced shall be
3 twenty-five dollars ($25). Such fee shall be paid at the time
3 registered with the board. The certificate of registration shall
4 the application is filed and shall not be refunded. If, after
4 be on a form prescribed by the board in accordance with
5 investigation or examination of the person or persons upon
5 Section 164.
6 the basis of whose qualifications the exemption is sought, the
6
Every application for registration of veterinary premises
7 board finds that the applicant is entitled to the exemption,
7
shall set forth in the application the name of the responsible
8 it shall issue to him, upon payment of an additional fee fixed
8 managing licensee who is to act for and on behalf of the li-
9 by the board at an amount not to exceed twenty-five dollars
9 censed premises. Substitution of the responsible managing
10 ($25), a certificate of exemption naming the person or persons
10 licensee may be accomplished by application to the board
11 upon the basis of whose qualifications the exemption is
11 providing the person substituted qualifies by presenting satis-
12 granted. Such certificate shall be renewed annually on or be-
12 factory evidence that he possesses a valid, unexpired, and un-
13 fore the 31st day of December upon payment of a renewal
13 revoked license as provided by this chapter and providing fur-
14 fee fixed by the board at an amount not to exceed twenty-five
14 ther that no circumvention of the law is contemplated by such
15 dollars ($25).
15 substitution.
16
(n) The fee for registration under Section 4084.5 shall be
16
The board shall withhold registration of veterinary prem-
17 fixed by the board at an amount not to exceed ten dollars
17
ises:
18 ($10).
18
(a) When it has been adjudicated in an administrative
19 (o) The fee for an out-of-state drug distributor's license
19 hearing that the licensee operator has failed to keep such
20 issued pursuant to Section 4084.6 shall be fixed by the board
20 premises and all equipment therein in a clean and sanitary
21 at an amount not to exceed the reasonable costs of the board
21
condition.
22 for the issuance of such license, which in no event shall exceed
22
(b) When the licensee operator has, under proceedings
23
two hundred dollars ($200).
SEC. 61. Section 4505 of the Business and Professions Code
23 conducted in accordance with Chapter 5 (commencing with,
24
24 Section 11500) of Part 1 of Division 3 of Title 2 of the Gov-
25
is amended to read:
25 ernment Code, his license revoked or suspended.
26
4505. The Except as provided by Section 159.5, the board
26
SEC. 65. Section 5000 of the Business and Professions Code
27 may employ whatever personnel is necessary for the admin-
27
is amended to read:
28
istration of this chapter and shall appoint an advisory com-
28
5000. There is in the Department of Professional and Vo-
29
mittee composed of a psychiatric nurse educator, a psychiatrist
29 cational Standards Consumer Affairs a State Board of Ac-
30
educator, a public health nurse educator, a licensed psycholo-
30 countancy, which consists of eight members appointed by the
31
gist, a dean of curriculum of the junior college system, a psy-
31 Governor, five four of whom shall be certified public account-
32
chiatric hospital administrator, a licensed psychiatric techni-
32 ants, two of whom shall be public accountants, and one two
33 cian, and two members of the public at large. Each member of
33 of whom shall be a public member members who shall not be
34
the advisory committee shall serve without compensation, ex-
34 a licentiate licentiates of the board or registered by the board.
35
cept that he shall be reimbursed for his traveling expenses
35 The board has the powers and duties conferred by this chap-
36
necessarily incurred in the performance of his duties.
36
ter.
37
SEC. 62. Section 4800 of the Business and Professions Code
37
The appointment of the two public accountants to mem-
38
is amended to read:
38 bership on the board, authorized by the amendment made to
39
4800. There is in the Department of Professional and Vo-
39 this section at the 1959 Regular Session of the Legislature,
40 cational Standards Consumer Affairs a Board of Examiners in
40 shall be made as the terms of the members of the board in
41 Veterinary Medicine in which the administration of this chap-
41 office at the effective date of the amendment to this section
42 ter is vested. The board consists of six members appointed by
42 expire.
43 the Governor, one of whom shall be a public member.
44
Sec. 63. Section 4847 of the Business and Professions Code
43
The Governor shall, on or before January 1, 1962, appoint
44 the first public member of the board, and his term shall expire
45 is amended to read:
45 on November 26, 1962.
46
4847. The board shall number consecutively all applica-
46
The Governor shall appoint the additional public member
47 tions received, note upon each the disposition made of it, and
47 provided for by the Governor's Reorganization Plan No. 2
48 preserve the same for reference. It shall also number con-
48 submitted to the Legislature at the 1970 Regular Session to
49 secutively all licenses issued.
49 fill any vacancy occurring in the office of a certified public
50
SEC. 64. Section 4853 of the Business and Professions Code
50 accountant member whose term expires November 26, 1972. If
51 is amended to read:
51 a vacancy occurs in more than one of such offices simultane-
24
25
1 ously, the Governor shall determine which of those offices shall
3 2 be filled by appointment of the additional public member.
1
SEC. 70. Section 5081.3 of the Business and Professions
SEC. 66. Section 5001 of the Business and Professions Code
2 Code is amended to read:
4 is amended to read:
3
5081.3. The certified public accountant members of the
5
5001. Each member of the board, except the public mem-
4 board and the public member members may require an appli-
6 ber members, shall be actively engaged in the practice of pub-
5 cant for admission to the examination for a certified public
7 lic accountancy and shall have been SO engaged for a period of
6 accountant certificate to appear in person to determine if his
8 not less than five years preceding the date of his appointment.
7 qualifications are as prescribed in this chapter and the rules of
9 Each member shall be a citizen of the United States and a
8 the board as adopted hereunder.
10 resident of this state for at least five years next preceding
9
SEC. 71. Section 5510 of the Business and Professions Code
11 his appointment, and shall be of good character. Within 30
10 is amended to read:
12 days after their appointment, the members of the board shall
11
5510. There is in the Department of Professional and Vo-
13 take and subscribe to the oath of office as prescribed by the
12 cational Standards Consumer Affairs a California State Board
13 of Architectural Examiners which consists of nine members
15 of State.
14 Government Code and shall file the same with the Secretary
14 appointed by the Governor.
16
SEC. 67. Section 5002 of the Business and Professions Code
15
SEC. 72. Section-5514 of the Business and Professions Code
17 is amended to read:
16 is amended to read:
18
5002. Members Each member shall be appointed for a
17
5514. The membership of the board shall be composed of
19 term of four years and they shall hold office until the appoint-
18 nine members, six of whom shall be architects, two one of
20 ment and qualification of their successors his successor or until
19 whom shall be a building designers designer, and one two of
21 one year shall have elapsed since the expiration of the term
20 whom shall be a public member members
23 22 for which he was appointed, whichever first occurs.
21
The six architect members of the board shall be selected
Vacancies occurring shall be filled by appointment for the
22 from architects in good standing who have been licensed and
24 unexpired term of a person licensed in the same capacity as
23 in practice in this state for at least eight years at the time of
25 the person being replaced. No person shall serve more than
24 appointment, three of whom shall be resident and in practice
26 two terms consecutively. The Governor shall remove from the
25 in southern California and three of whom shall be resident and
27 board any member, except the a public member, whose permit
26 in practice in northern or central California.
28 to practice has become void, revoked or suspended. The Gov-
27
The two building designer members member of the board
29 ernor may, after hearing, remove any member of the board
28 shall be selected from among building designers who have been
30 for neglect of duty or other just cause.
29 engaged as principals in the business of building design for at
31
SEC. 68. Section 5015 of the Business and Professions Code
30 least eight years in the state one of whom shall be a resident
32 is amended to read:
31 and in practice in Southern California and one of whom shall
33
5015. The board may employ clerks, examiners, and, ex-
32 be a resident and in practice in Northern or Central Cali-
34 cept as provided by Section 159.5, other assistants in the per-
33 fornia.
35 formance of its duties, and pay salaries and necessary
34
The public member members of the board shall not be a
36 expenses.
35 licentiate licentiates of the board.
37
SEC. 69. Section 5017 of the Business and Professions Code
36
The members member of the board who are is a registered
38
is amended to read:
37 building designers designer shall not act or vote on applicants
39
5017. All meetings of the board shall be open and public,
38 for certification who are other than registered building de-
40 except that the board may hold executive sessions to deliberate
39 signers.
41 on the decision to be reached upon the evidence introduced in
40
The members of the board in office on the effective date of
42 a proceeding conducted in accordance with Chapter 5 (com-
41 the amendment made to this section at the 1963 Regular Ses-
43 mencing with Section 11500), Part 1, Division 3, Title 2, of
42 sion may continue in office until the expiration of their terms.
44 the Government Code.
43
SEC. 73. Section 5515 of the Business and Professions Code
45
The members of the board who are certified public account-
44 is amended to read:
46 ants and the public member members may hold executive ses-
45
5515. The terms of the members of the state board in office
47 sions to prepare, approve, grade or administer examinations.
46 when the amendment to this section takes effect shall expire as
48 Only the certified public accountants and the public member
47 follows: two members, January 15, 1942; four members, Jan-
49 members shall have jurisdiction or vote over these functions
48 uary 15, 1943 three members, January 15, 1944; one member,
50 of preparing, approving, grading or administering examina-
49 January 15, 1945.
51 tions in executive session as provided for in Section 11126 of
50
Appointments to fill the vacancies arising by reason of the
52 the Government Code.
51 expiration of term of office shall be filled as follows: For vacan-
52 cies occurring January 15, 1942, one person shall be appointed;
- 26
- 27
1 for vacancies occurring January 15, 1943, two persons shall be
1 fee fixed by this chapter, the secretary shall issue a certificate
2 appointed; for vacancies occurring January 15, 1944, one per-
2 to the applicant ; signed by the president and the secretary,
3 son shall be appointed; and for vacancies occurring January
3 sealed with the seal of the board, and shall show showing that
4 15, 1945, one person shall be appointed. Thereafter there shall
4 the person named therein passed the examination and is en-
5 be as many appointments as there are vacancies. Every person
5 titled to practice architecture in this state, in accordance with
6 appointed after January 15, 1942, shall serve for four years
6 the provisions of this chapter.
7 and until the appointment and qualification of his successor or
7
SEC. 76. Section 5620 of the Business and Professions Code
8 until six months one year shall have elapsed since the expira-
8 is amended to read:
9 tion of the term for which he was appointed, whichever first
9
5620. There shall be is in the Department of Professional
10 occurs.
10 and Vocational Standards Consumer Affairs a California State
11
The Governor shall, on or before January 1, 1962, appoint
11 Board of Landscape Architects, which shall consist of six mem-
12 the first public member of the board, and his term shall expire
12 bers appointed by the Governor. The membership of the board
13 on January 15, 1964.
13 shall at all times consist of at least two members who are resi-
14
No person shall serve as a member of the board for more
14 dents of, and practice landscape architecture in southern Cali-
15 than three consecutive terms, but this provision shall not apply
15 fornia and at least two members who are residents of, and
16 to any member in office at the time this provision takes effect.
16 practice landscape architecture in northern California. Five
17
Vacancies occurring prior to the expiration of the term shall
17 Four members of the board shall be licensed to practice land-
18 be filled by appointment for the unexpired term.
18 scape architecture in this state. The sixth member other two
19
The Governor shall, on or before January 1, 1964, appoint
19 shall be a public member members who shall not be a licentiate
20 the architect member and the building designer members pro-
20 licentiates of the board.
21 vided for at the 1963 Regular Session of the Legislature. Their
21
SEC. 77. Section 5621 of the Business and Professions Code
22 terms of office shall expire as follows: the architect member,
22 is amended to read:
23 January 15, 1965; one building designer member, January 15,
23
5621. The terms of the members of the board first ap-
24 1966; and one building designer member, January 15, 1967.
24 pointed shall expire as follows: One member January 15, 1954,
25 Thereafter, each member shall serve for four years and until
25 two members January 15, 1955, two members January 15, 1956.
26 the appointment and qualification of his successor or until six
26 The Governor shall, within 90 days after January 15, 1962,
27 months one year shall have elapsed since the expiration of the
27 appoint the first public member of the board, and his term
28 term for which he was appointed, whichever first occurs.
28 shall expire on January 15, 1965. Thereafter appointments
29
The Governor shall appoint the additional public member
29 shall be for a four-year term. Each member shall hold office
30 provided for by the Governor's Reorganization Plan No. 2 sub-
30 until the appointment and qualification of his successor or
31 mitted to the Legislature at the 1970 Regular Session to fill
31 until six months one year shall have elapsed since the expira-
32 the vacancy created by the expiration of the term of office of
32 tion of the term for which he was appointed, whichever first
33 the building designer member whose term expires January 15,
33 occurs. Vacancies occurring prior to the expiration of the term
34 1971. The first appointment shall be for a term expiring June
34 shall be filled by appointment for the unexpired term.
35 1, 1974. Each appointment thereafter shall be for a four-year
35
No person shall serve as a member of the board for more
36 term expiring on June 1 of the fourth year following the year
36 than three consecutive terms, but this provision shall not apply
37 in which the previous term expired.
37 to any member in office at the time this provision takes effect.
38
SEC. 74. Section 5525 of the Business and Professions Code
38
The Governor shall appoint the additional public member
39 is amended to read:
39 provided for by the Governor's Reorganization Plan No. 2
40
5525. The board may prosecute all persons guilty of violat-
40 submitted to the Legislature at the 1970 Regular Session to fill
41 ing the provisions of this chapter. The Except as provided in
41
the vacancy created by the expiration of the term of office of
42 Section 159.5, the board may employ inspectors, special agents,
42 the landscape architect member from southern California
43 investigators, and such clerical assistants as it may deem nec-
43 whose term expires January 15, 1971. The first appointment
44 essary to carry into effect the provisions of this chapter. It
44 shall be for a term expiring June 1, 1974. Each appointment
45 may also fix the compensation to be paid for such services and
45 thereafter shall be for a four-year term expiring on June 1 of
46 incur such additional expense as may be deemed necessary.
46 the fourth year following the year in which the previous term
47
SEC. 75. Section 5551 of the Business and Professions Code
47 expired.
48 is amended to read:
48
SEC. 78. Section 5629 of the Business and Professions Code
49
5551. If the applicant's examination is satisfactory, and if
49 is amended to read:
50 no charges of deception resorted to in obtaining the certificate,
50
5629. The board shall prosecute all persons guilty of vio-
51 or any other violation of the provisions of this chapter have
51 lating the provisions of this chapter. The Except as provided
52 been filed with the board, upon the payment of the certificate
52 in Section 159.5, the board may employ such inspectors, special
- 28
- 29
1 agents, investigators and clerical assistance as it may deem
2 necessary to carry into effect the provisions of this chapter. It
1 January 15, 1943. The terms shall expire in the same relative
3 may fix the compensation to be paid for such services and incur
2 order as to each member as the term for which he holds office
4 such additional expense as may be deemed necessary.
3 before this chapter takes effect.
5
SEC. 79. Section 5652 of the Business and Professions
4
The Governor shall, on or before January 1, 1962, appoint
6 Code is amended to read:
5 the persons to fill the offices created by the Legislature at the
7
5652. If the applicant's examination is satisfactory, and if
6 1961 Regular Session, and their terms shall expire on Janu-
8 the board shall find that the applicant is of good moral char-
7 ary 15, 1964.
9 acter, upon the payment of the certificate fee fixed by this
8
Vacancies shall be filled by appointment for the unexpired
10 chapter, the secretary shall issue a certificate to the applicant;
9 term.
11 signed by the president and the secretary, sealed with the seal
10
The Governor may remove a member for cause.
12 of the board, showing that the person named therein passed
11
The Governor shall appoint the additional public member
13 the examination and is entitled to practice landscape architec-
12 provided for by the Governor's Reorganization Plan No. 2 sub-
14 ture in this state, in accordance with the provisions of this
13 mitted to the Legislature at the 1970 Regular Session to fill
15 chapter.
14 the vacancy created by the expiration of the term of office of
16
SEC. 80. Section 6500 of the Business and Professions Code
15 the barber member whose term expires January 15, 1971. The
17 is amended to read:
16 first appointment shall be for a term expiring June 1, 1974.
18
6500. There is in the Department of Professional and Vo
17 Each appointment thereafter shall be for a four-year term
19 cational Standards Consumer Affairs a State Board of Barber
18 expiring June 1 of the fourth year following the year in which
20 Examiners, which consists of five members appointed by the
19 the previous term expires. The persons so appointed shall not
21 Governor, one two of whom shall be a public member members
20 receive a salary, but shall receive the per diem compensation
22 and four three of whom shall be qualified as provided in Sec-
21 and reimbursement as the other public member.
23 tion 6501.
22
SEC. 83. Section 6509 of the Business and Professions Code
24 SEC. 81. Section 6501 of the Business and Professions Code
23 is amended to read:
25 is amended to read:
24
6509. For the purpose of enforcing this chapter, any mem-
26
6501. Each member, except the a public member, shall be
25 ber of the board, except the public member, or, except as pro-
27 a practical barber who has engaged in the practice of barber-
26 vided by Section 159.5, its agents or assistants may enter into
28 ing in this state for at least five years immediately prior to his
27 and inspect any barbershop or college at any time during busi-
29 appointment. One member of the board shall be a journeyman
28 ness hours or at any time when the practice of barbering or
30 barber and one member shall be a barber employing one or
29 instruction in such practice is being carried on.
31 more journeyman barbers. Nothing in this section shall make
30
SEC. 84. Section 6511 of the Business and Professions
32 ineligible for appointment to said board of one person who has
31 Code is amended to read:
33 been a registered barber in this state for at least five years
32
6511. The board shall have authority to employ such in-
34 immediately prior to his appointment and whose work as or-
33 vestigators, clerks and, except as provided by Section 159.5,
35 ganizer, or officer, of an organization directly affecting the
34 other assistance as it may deem necessary to carry out the pro-
36 welfare of the barber business, prevents his continuous practice
35 visions of this chapter.
37 as a barber.
36
SEC. 85. Section 6553 of the Business and Professions Code
38
The public member members shall not be a licentiate licen-
37 is amended to read:
39 tiates of the board.
38
6553. Any member of the board, or, except as provided by
40
SEC. 82. Section 6502 of the Business and Professions Code
39 Section 159.5, any employee of the board designated by the
41 is amended to read:
40 board for that purpose, shall at all reasonable hours have
42
6502. Members of the board shall be appointed for a term
41 access to all places where barbering is being carried on, for
43 of four years and they shall hold office until the appointment
42 the purpose of administering this article.
44 and qualification of their successors or until six months one
43
SEC. 86. Section 6553.5 of the Business and Professions
45 year shall have elapsed since the expiration of the term for
44 Code is amended to read:
46 which they were appointed, whichever first occurs. No person
45
6553.5. Any member of the board, or, except as provided
47 shall serve as a member of the board for more than three con-
46 by Section 159.5, any employee of the board designated by the
48 secutive terms, but this provision shall not apply to any mem-
47 board for that purpose, may inspect all books, papers, records
49 ber in office at the time this provision takes effect.
48 or documents in any place within the state, for the purpose
50
The terms of the members of the board in office when this
49 of ascertaining facts to enable the board to administer this
51 chapter takes effect shall expire as follows: one member, Jan-
50 article.
52 uary 15, 1941; one member, January 15, 1942; one member,
51
SEC. 87. Section 6630 of the Business and Professions
52 Code is amended to read:
- 30
31 -
1
6630. A duplicate certificate will be issued upon the filing
2 of a statement covering the loss of a certificate, verified by
1
Each member shall hold office until the appointment and
3 the oath of the applicant, and submitting two signed photo-
2
qualification of his successor or until six months one year shall
4 graphs, and upon the payment of a fee of one dollar ($1) for
3 have elapsed since the expiration of the term for which he was
5 the issuance of the certificate. Each duplicate certificate shall
4 appointed, whichever first occurs. No person shall serve as a
6 have the word "Duplicate" stamped across the face thereof,
5 member of the board for more than three consecutive terms,
7 and bear the same number as the certificate in lieu of which
6 but this provision shall not apply to any member in office on
8 it is issued.
7 September 7, 1955.
9
SEC. 88. Section 6710 of the Business and Professions Code
8
The Governor shall appoint the additional public member
10 is amended to read:
9 provided for by the Governor's Reorganization Plan No. 2
11
6710. There is in the Department of Professional and Voca-
10 submitted to the Legislature at the 1970 Regular Session to
12 tional Standards Consumer Affairs a State Board of Registra-
11 fill the vacancy created by the expiration of the term of office
13 tion for Professional Engineers, which consists of nine mem-
12 of the civil engineer member whose term expires January 15,
14 bers appointed by the Governor.
13 1971. The first appointment shall be for a term expiring June
15
SEC. 89. Section 6711 of the Business and Professions Code
14 1, 1974. Each appointment. thereafter shall be for a four-year
16 is amended to read:
15 term expiring June 1 of the fourth year following the year in
17
6711. Each member of the board shall be a citizen of the
16 which the previous term expired. Any vacancy during a term
18 United States. Seven Six members shall be registered under
17 expiring after January 15, 1971, shall be filled by appointment
19 this chapter, one member shall be licensed under the Land
18 for the unexpired term.
20 Surveyors' Act (commencing with Section 8700 of this code),
19
SEC. 91. Section 6762 of the Business and Professions Code
21 and one member two members shall be a public member mem-
20 is amended to read:
22 bers who is are not registered under this act or licensed under
21
6762. Any applicant who has passed the examination and
23 the Land Surveyors' Act. Each member, except the a public
22 has otherwise qualified hereunder as a professional engineer,
24 member, shall have at least 12 years active experience and
23 upon payment of the registration fee fixed by this chapter,
25 shall be of good standing in his profession. Each member shall
24 shall have a certificate of registration issued to him as a pro-
26 be at least 30 years of age, and shall have been a resident of
25 fessional engineer in the particular branch for which he is
27 this state for at least five years immediately. preceding his
26 found qualified.
28 appointment.
27
Certificates of registration for professional engineers shall
29
SEC. 90. Section 6712 of the Business and Professions Code
28 bear the signatures or the facsimile signatures of the president
30 is amended to read:
29 and the secretary and shall be issued under the seal of the
31
6712. Members of the State Board of Registration for Pro-
30 board.
32 fessional Engineers in office when this act takes effect shall
31
SEC. 92. Section 6851 of the Business and Professions Code
33 continue as members of the State Board of Registration for
32 is amended to read:
34 Professional Engineers without change in their terms SO that
33
6851. (a) "Person" includes firm, partnership, association
35 the terms of said members presently in office shall expire as
34 or corporation.
36 follows: the term of one member, January 15, 1952; the term
35
(b) "Department" means the Department of Professional
37 of two members, January 15, 1953; the term of two members,
36 and Vocational Standards Consumer Affairs.
38 January 15, 1954, and the term of two members, January 15,
37
(c) "Director" means the Director of Professional and Vo-
39 1955. Thereafter, all appointments to said board shall be for a
38
cational Standards Consumer Affairs.
40 term of four years, and vacancies shall be filled by appoint-
39
(d) "Bureau" means the Collection Agency Licensing Bu-
41 ment for the unexpired term. Each such member appointed to
40 reau Bureau of Collection and Investigative Services.
42 fill a new term or vacancy shall be a registered professional
41
(e) 'Chief" means the Chief of the Collection Agency Li-
43 engineer in the same branch as his predecessor.
42 censing Bureau Collection and Investigative Services.
44
The term of the first land surveyor member shall expire
43
(f) "Board" means the Advisory Board, Collection Agency
45 January 15, 1960. Thereafter all such appointments shall be
44 Licensing Bureau Advisory Board.
46 for a term of four years, and vacancies shall be filled by ap-
45
(g) "Manager" means a qualified person.
47
pointment for the unexpired term.
46
SEC. 93. Section 6860 of the Business and Professions Code
48
The Governor shall, on or before January 1, 1962, appoint
47 is amended to read:
49 the first public member of the board, and his term shall expire
48
6860. There is in the Department of Professional and Vo-
50 January 15, 1965. Thereafter all such appointments shall be
49 cational Standards a Collection Agency Licensing Bureau
51 for a term of four years, and vacancies shall be filled by ap-
50 Consumer Affairs a Bureau of Collection and Investigative
52 pointment for the unexpired term.
51 Services. The Bureau of Collection and Investigative Services
52 succeeds to and is vested with all the duties, powers, purposes,
- 32 -
- 33 -
1 responsibilities, and jurisdiction vested in the Collection
1
SEC. 96. Section 6865 of the Business and Professions Code
2 Agency Licensing Bureau The bureau is under the super-
2 is amended to read
3 vision and control of the director. The director shall administer
3
6865. There is in the Collection Agency Licensing Bureau
4 and enforce the provisions of this chapter.
4 a The California Advisory Board of Collection Agencies, which
5
The Governor shall appoint, subject to confirmation by the
5 consists of six members appointed by the Governor is continued
6 Senate, a chief of the bureau at a salary to be fixed and de-
6 in existence as the Collection Agency Advisory Board in the
7 termined by the director with the approval of the Director of
7 Bureau of Collection and Investigative Services.
8 Finance in accordance with Section 12080.3 of the Govern-
8
SEC. 97. Section 6865.5 of the Business and Professions
9 ment Code. The chief shall serve under the direction and
9 Code is amended to read:
10 supervision of the director.
10
6865.5. Of the six members of the Collection Agency Ad-
11
Before a chief is appointed the Governor shall give due con-
11 visory Board, five four members shall have been actively en-
12 sideration to any person or persons recommended by the
12 gaged in business as a licensed collector or manager of a li-
13 board.
13 censed collection agency in this state for a minimum period of
14
Every power and duty granted to or imposed upon the di-
14 five consecutive years immediately preceding his their appoint-
15 rector under this chapter may be delegated to the chief except
15 ment and shall continue in good standing in such capacity
16 that the director may not delegate authority to adopt or other-
16 during his their term of office. One member Two members
17 wise act upon any proposed decision of a hearing officer after
17 shall be a public member members, who may be a customer
18 a hearing under the provisions of Chapter 5 (commencing with
18 customers of a licensee but shall not be a licensee licensees or
19 Section 11500) of Part 1 of Division 3 of Title 2 of the Govern-
19 engage in any business or profession in which any part of the
20 ment Code. The chief may delegate any power or duty granted
20 fees, compensation or revenue thereof is derived from any li-
21 to or imposed upon him under this chapter to the assistant
21 censee.
22 chief or to any inspection, investigation or auditing personnel
22
SEC. 98. Section 6866 of the Business and Professions Code
23 of the bureau.
23 is amended to read:
24
SEC. 94. Section 6861 of the Business and Professions Code
24 25 term of four years and shall hold office until the appointment
6866. Each member of the board shall be appointed for a
25 is amended to read
26
6861. The director, in accordance with the State Civil Serv-
26 and qualification of his successor or until one year shall have
27 ice Act and Section 159.5, may appoint and fix the compensa-
27 elapsed since the expiration of the term for which he was
28 tion of such clerical, inspection, investigation, and auditing
28 appointed, whichever first occurs.
29 personnel, as well as an assistant chief, as may be necessary
30 to carry out the provisions of this chapter. All such personnel
29 30 follows: one member, June 30, 1960; one member, June 30,
The terms of the members first appointed shall expire as
31 shall perform their respective duties under the supervision and
31 1961; one member, June 30, 1962; and two members, June
32 direction of the chief.
32 30, 1963.
33
All personnel shall be paid for services rendered from the
34 Collection Agency Fund.
33 34 cause shall be filled by appointment for the balance of the
Vacancies occurring in the membership of the board for any
35
SEC. 95. Section 6864 of the Business and Professions Code
35 unexpired term.
36 is amended to read:
36
No member shall serve more than two terms of office.
37
6864. The chief shall keep in his office in a suitable record
The Governor shall appoint the additional public member
38 provided for the purpose all applications for licenses, accom-
38 37 provided for by the Governor's Reorganization Plan No. 2 sub-
39 panying certificates, statements and documents and all bonds
39 mitted to the Legislature at the 1970 Regular Session to fill
40 required to be filed under this chapter. The record shall state
40 any vacancy occurring in the office of a member of the board
41 whether or not a license has been issued under the application
41 whose term expires June 30, 1971. If a vacancy occurs in more
42 and bond, and if revoked the date of filing the order of revoca-
42 than one of such offices simultaneously, the Governor shall de-
43 tion, and if reinstated the date of filing the order of reinstate-
43 termine the office to be filled by the appointment of the addi-
44 ment. The chief shall keep a list of all persons, whose licenses
44 tional public member.
45 have been revoked. In the record all licenses issued shall be
45
SEC. 99. Section 6901 of the Business and Professions Code
46 indicated by their serial numbers as well as by the name and
46 is amended to read
47 address of the licensee.
6901. A licensee may file a new bond with the chief at any
48
The chief shall adopt a seal for his own use. The seal shall
47 48 time. A new bond filed under this section may be filed by
49 have the words Collection Agency Licensing Bureau Bureau
49 registered or certified mail with a request for a return receipt
50 of Collection and Investigative Services, State of California"
50 and shall be addressed to the chief at Sacramento. A return
51 thereon and shall otherwise comply with Section 107.5. The
51 receipt signed by an employee of the Department of Profes-
52 care and custody of the seal shall be in the office of the chief.
- 34
- 35
1 sional and Vocational Standards Consumer Affairs shall be
1 voked, but may be reinstated within 30 days of the date of
2 prima facie evidence of the filing of such bond.
2 revocation upon compliance with the rules and regulations
3
SEC. 100. Section 6908 of the Business and Professions
3 established hereunder and upon application of the licensee and
4 Code is repealed.
4 upon the payment of the delinquency and reinstatement fees
5
6908. The license, when issued, shall state:
5 provided by this chapter. Reinstatement of a revoked license
6
(a) The name of the licensee; if copartners, the names of
6 shall not prohibit the bringing of disciplinary proceedings for
7 all the partners; and if a corporation the name shall be fol-
7 any act committed during the period such license is revoked.
8 lowed by the words "a corporation."
8
SEC. 104. Section 7000.5 of the Business and Professions
9
(b) The name under which the licensee is to operate.
9 Code is amended to read:
10
(c) The location by street and number, city, county and
10
7000.5. There is in the Department of Professional and
11 state where the licensee is to carry on business.
11 Vocational Standards Consumer Affairs a Contractors' State
12
(d) The number and the date of the license.
12 License Board, which consists of nine members appointed by
13
The license shall further state that it is issued pursuant to
13 the Governor.
14 this chapter and the rules and regulations established under
14 SEC. 105. Section 7001 of the Business and Professions
15 it, and that the licensee is duly authorized under this chapter.
15 Code is amended to read:
16
SEC. 101. Section 6908 is added to the Business and Pro-
16
7001. All members of the board, except the public member
17 fessions Code, to read:
17 members, shall be contractors actively engaged in the con-
18
6908. The form and content of the license shall be deter-
18 tracting business, have been SO engaged for a period of not
19 mined by the director in accordance with Section 164.
19 less than five years preceding the date of their appointment
20
SEC. 102. Section 6911 of the Business and Professions
20 and shall SO continue in the contracting business during the
21 Code is amended to read:
21 term of their office. No one, except the a public member, shall
22
6911. The license is not transferable and is effectual until
22 be eligible for appointment who does not at the time hold an
23 the first day of July next ensuing the date thereof and SO long
23 unexpired license to operate as a contractor.
24 thereafter as continued in effect in accordance with Article 11,
24
The public member members shall not be a licentiate licen-
25 unless sooner revoked or canceled.
25 tiates of the board.
26
In the event of the loss or destruction of a license, the
26
SEC. 106. Section 7002 of the Business and Professions
27 licensee may file with the chief an affidavit explaining the loss
27 Code is amended to read:
28 or destruction and pay the duplicate license fee prescribed.
28
7002. One member of the board shall be a general engineer-
29 Thereupon the chief shall issue a duplicate license bearing
29 ing contractor, three two members shall be general building
30 the same date and number of the replaced license, and shall
30 contractors, four members shall be specialty contractors, and
31 bear in conspicuous type the word "duplicate."
31 one member two members shall be a public member members.
32
SEC. 103. Section 6950 of the Business and Professions
32
For the purposes of construing this article, a general engi-
33 Code is amended to read:
33 neering contractor is a contractor whose principal contracting
34
6950. A licensee desiring a continuation of his license shall,
34 business is in connection with fixed works for any or all of the
35 on or before the 30th day of June of each year, file with the
35 following divisions or subjects: irrigation, drainage, water
36 chief a request for a continuation on such forms as may be
36 power, water supply, flood control, inland waterways, harbors,
37 designated by the chief. The request shall be accompanied
37 railroads, highways, tunnels, airports and airways, sewerage
38 by the continuation fee.
38 and bridges; a general building contractor is a contractor
39
The chief shall, on or before the first day of June of each
39 whose principal contracting business is in connection with any
40 year mail to each licensee, addressed to him at his last known
40 structure built, being built, or to be built, for the support,
41 address, a form for continuation of license and a notice that
41 shelter and inclosure of persons, animals, chattels or movable
42 the continuation fee is due and payable, stating the amount
42 property of any kind, requiring in its construction the use of
43 thereof, and that if the fee is not paid by the 30th day of June,
43 more than two unrelated building trades or crafts, or to do or
44 the license shall be automatically revoked.
44 superintend the whole or any part thereof; a specialty con-
45
The chief shall issue a continuation license to the licensee
45 tractor is a contractor whose operations as such are the per-
46 which shall be dated the first day of July of the year of issu-
46 formance of construction work requiring special skill and
47 ance thereof and shall bear in conspieuous type the word
47 whose principal contracting business involves the use of spe-
48 "continuation" and the date to and including which the It-
48 cialized building trades or crafts.
49 cense is continued the form and content of which shall be
49
This does not include anyone who merely furnishes materials
50 determined in accordance with Section 164.
50 or supplies under Section 7045 without fabricating them into,
51
In the event a licensee fails to request a continuation of his
51 or consuming them in the performance of the work of the
52 license within the time fixed, the license is automatically re-
52 general building contractor.
- 36
- 37
1
Each member of the board, except the a public member,
1 a four-year term expiring on June 1 of the fourth year follow-
2 shall be of recognized standing in his branch of the contracting
2 ing the year in which the previous term expired.
3 business. Each member of the board shall be at least 30 years
3
SEC. 108. Section 7011 of the Business and Professions
4 of age and of good character.
4 Code is amended to read:
5
Each member of the board shall have been a citizen and resi-
5
7011. The board by and with the approval of the director
6 dent of the State of California for at least five years next
6 shall appoint a registrar of contractors and fix his compensa-
7 preceding his appointment.
7 tion.
8
SEC. 107. Section 7003 of the Business and Professions
8
The registrar shall be the executive officer and secretary of
9 Code is amended to read:
9
the board and shall carry out all of the administrative duties
10
7003. The terms of the members of the board in office when
10 as provided in this chapter and as delegated to him by the
11 this chapter takes effect shall expire as follows: one general
11 board.
12 building contractor and one specialty contractor, January 15,
12
For the purpose of administration of this chapter, there
13 1940; one general building contractor and one specialty con-
13 may be appointed a deputy registrar, a chief reviewing and
14 tractor, January 15, 1941; one general building contractor and
14 hearing officer and, subject to the provisions of Section 159.5,
15 one specialty contractor, January 15, 1942; the general engi-
15 16 such other assistants and subordinates as may be necessary.
16 neering contractor, January 15, 1943.
Appointments shall be made in accordance with the provi-
17
The Governor shall, on or before January 1, 1962, appoint
17 sions of civil service laws.
18 the first public member of the board, and his term shall expire
18
SEC. 109. Section 7012 of the Business and Professions
19 on January 15, 1963.
19 Code is amended to read:
20
The Governor shall, on or before January 1, 1964, appoint
20
7012. The registrar, with the approval of the board and
21 the specialty contractor member provided for at the 1963 Reg-
21 the director, may, when funds are available, cooperate in the
22 ular Session, and his term shall expire on January 15, 1966.
22 enforcement of governmental legislation relating to the con-
23
Appointments Except as otherwise provided, an appoint-
23 struction industry, and, except as provided by Section 159.5,
24 ment to fill a vacancy caused by the expiration of the term of
24 shall appoint such assistants as may be necessary therefor.
25 office shall be for a term of four years and shall be filled, ex-
25
SEC. 110. Section 7075 of the Business and Professions
26 cept for a vacancy in the term of the a public member, by a
26 Code is amended to read:
27 member from the same branch of the contracting business as
27
7075. The license shall be signed by the licensee and by the
28 was the branch of the member whose term has expired. A
28 person qualifying on behalf of an individual or firm as re-
29 vacancy in the term of the a public member shall be filled by
29 ferred to in Section 7068.1, shall be nontransferable and shall
30 another public member. Each member shall hold office until
30 be displayed in the licensee's main office or chief place of
31 the appointment and qualifications qualification of his suc-
31 business. Satisfactory evidence of the possession of his license
32 cessor or until six months one year shall have elapsed since the
32 and the current renewal thereof shall be exhibited by the
33 expiration of the term for which he was appointed, whichever
33 licensee upon demand.
34 first occurs.
34
SEC. 111. Section 7136 of the Business and Professions
35
Vacancies occurring in the membership of the board for any
35 Code is amended to read:
36 cause shall be filled by appointment for the balance of the
36
7136. The director shall designate a sum not to exceed
37 unexpired term.
37 10 percent of the total income of the Contractors' License
38
No person shall serve as a member of the board for more
38 Board for each fiscal year to be transferred to the professional
39 than three consecutive terms, but this provision shall not apply
39 and vocational standards fund Consumer Affairs Fund as the
40 to any member in office at the time this provision takes effect.
40 board's share of the cost of administration of the department.
41
The Governor shall appoint the additional public member
41
SEC. 112. Section 7200 of the Business and Professions
42 provided for by the Governor's Reorganization Plan No. 2 sub-
42 Code is amended to read:
43 mitted to the Legislature at the 1970 Regular Session to fill
43
7200. There is in the Department of Professional and Voca-
44 any vacancy occurring in the office of the general building
44 tional Standards Consumer Affairs a State Board of Guide
45 contractor member of the board whose term expires January
45 Dogs for the Blind in whom enforcement of this chapter is
46 15, 1972. An appointment to fill any vacancy on the board in
46 vested. The board shall consist of seven members appointed by
47 that office occurring prior to January 15, 1972, shall be for a
47 the Governor. One member shall be the superintendent of the
48 term expiring January 15, 1972. An appointment to fill any
48 California School for the Blind, and one the head of the Bu-
49 vacancy on the board in that office occurring after January
49 reau of Vocational Rehabilitation of the State Department of
50 15, 1972, but prior to June 1, 1975, shall be for a term ex-
50 Education. The remaining members shall be persons who have
51 piring June 1, 1975. An appointment to fill a vacancy on the
51 shown a particular interest in dealing with the problems of the
52 board in that office occurring after June 1, 1975, shall be for
- 39 -
- 38 -
1 of the board shall be appointed for a term of four years and
1 blind, and at least two of them shall be blind persons who use
2 shall hold office until the appointment and qualifications of
2 guide dogs.
3 their successors or until six months one year shall have elapsed
3
SEC. 113. Section 7301 of the Business and Professions
4 since the expiration of the term for which they were appointed,
4 Code is amended to read:
5 whichever first occurs. No member shall serve as a member of
5
7301. There is in the Department of Professional and Vo-
6 the board for more than two consecutive terms.
6 cational Standards Consumer Affairs a State Board of Cosme-
7
Vacancies occurring shall be filled by appointment within 60
7 tology, which consists of seven members appointed by the Gov-
8 days, and vacancies occurring during a term shall be filled for
8 ernor, one two of whom shall be a public member members.
9 the unexpired term.
9
Wherever in this chapter, "board" is used it refers to the
10
The Governor shall appoint the additional public member
10 State Board of Cosmetology.
11 provided for by the Governor's Reorganization Plan No. 2
11
SEC. 114. Section 7302 of the Business and Professions
12 submitted to the Legislature at the 1970 Regular Session to
12 Code is amended to read:
13 fill the vacancy created by the expiration of the term of office
13
7302. A person appointed as a member of the board
14 of the member of the board whose term expires January 15,
14
(a) With the exception of the a public member, shall be
15 1971. The first appointment shall be for a term expiring June
15 registered as a cosmetologist under this chapter, or participate
16 1, 1974. Each appointment thereafter shall be for a four-year
16 actively in the management of a school of cosmetology or elec-
17 term expiring June 1 of the fourth year following the year
17 trology as the owner of, or as a member of a partnership or
18 in which the previous term expires.
18 officer of a corporation which owns, such school.
19
SEC. 116. Section 7309 of the Business and Professions
19
(b) With the exception of the a public member, shall be, at
20 Code is amended to read:
20 the time of appointment, either actually engaged in conduct-
21
7309. Any investigation, inquiry, hearing or proceeding,
21 ing a cosmetological establishment, or actually engaged in the
22 which the board may hold or undertake, may be held or under-
22 practice of cosmetology or electrology.
23 taken by or before one or more members of the board, and the
23
(c) Shall be of good moral character.
24 finding or order of the member or members constitutes the
24
(d) Shall not be connected, directly or indirectly, in the
25 finding or order of the board when approved or confirmed
25 wholesale business of the manufacture, rental, sale or distri-
26 by it.
26 bution of cosmetological appliances or supplies.
27
No investigation, inquiry, hearing or proceeding shall be
27
(e) With the exception of the a public member, shall have
28 held or undertaken by only one member of the board or by
28 had at least five years experience in the actual practice of
29 less than the entire membership of the board without the pre-
29 cosmetology, or electrology, in this state immediately prior
30 vious written authorization of the board.
30 to the appointment. A person shall be considered to be en-
31
No investigation, inquiry, hearing or proceeding shall be
31 gaged in the actual practice of cosmetology or electrology
32 held or undertaken by or before the a public member only.
32 within the meaning of this subdivision if he participates ac-
33
SEC. 117. Section 7311 of the Business and Professions
33 tively in the management of a school of cosmetology or elec-
34 Code is a amended to read:
34 trology as the owner of, or as a member of a partnership or
35
7311. The board may adopt such rules governing sanitary
35 officer of a corporation which owns, such school.
36 conditions, and precautions to be employed as are reasonably
36
(f) Shall be at least 25 years of age.
37 necessary to prevent the creating or spreading of infectious or
37
The public member members shall not be a licentiate licenti-
38 contagious diseases in cosmetological establishments, schools of
38 ates of the board.
39 cosmetology, in the practice of a cosmetologist, and in any
39
SEC. 115. Section 7303 of the Business and Professions
40 branch of cosmetology. Such rules shall be adopted in accord-
40 Code is amended to read:
41 ance with the provisions of the Administrative Procedure Act,
41
7303. The terms of the members of the board in office when
42 and shall be submitted to the Department of Public Health,
42 the amendment made to this section at the 1961 Regular Ses-
43 and approved by such department prior to transmission to the
43 sion of the Legislature takes effect shall expire as follows:
44 Department of Professional and Vocational Standards Con-
44 two members, January 15, 1962, one member January 15,
45 sumer Affairs for filing with the Secretary of State. A copy
45 1963, one member January 15, 1964, one member January
46 of all such rules shall be furnished to each licensee.
46 15, 1965. Such terms shall expire in the same relative order as
47
SEC. 118. Section 7314 of the Business and Professions
47 to each member as the term for which he holds office at the
48 Code is amended to read:
48 time said amendment takes effect. The term of the additional
49
7314. The director may, in accordance with the State Civil
49 licensee member and the public member provided for by the
50 Service Act, whenever in his judgment it is necessary, and
50 amendment made to Section 7301 of this code at the 1961 Reg-
51 subject to the provisions of Section 159.5, employ examiners,
51 ular Session of the Legislature shall expire on January 15,
52 inspectors, investigators, assistants, deputies and clerks and
52 1964, and January 15, 1965, respectively. Thereafter members
41 -
- 40
1
7503. As used in this chapter, "bureau" means the Bureau
1 fix their compensation, which compensation and all reasonable
2
of Private Investigators and Adjusters Collection and Investi-
2 expenses incurred by the board, shall not be paid from the
3
gative Services.
3
general revenue funds of the state.
4
SEC. 125. Section 7510 of the Business and Professions
4
An examiner in any branch of cosmetology except elec-
5
Code is repealed.
5
trology shall hold a current, valid license as a cosmetology
6
7510. There is in the Department of Professional and
6 instructor at the time of his appointment and an examiner in
7
Vocational Standards a Bureau of Private Investigators and
7 electrology shall hold a current valid license as an electrology
8 Adjusters under the supervision and control of the director.
8 instructor at the time of his appointment.
9
SEC. 126. Section 7510 is added to the Business and Pro-
9
SEC. 119. Section 7375 of the Business and Professions
10 fessions Code, to read
10
Code is amended to read:
11
7510. The Bureau of Collection and Investigative Services
11
7375. Every The form and content of every certificate of
12
succeeds to and is vested with all the duties, powers, purposes,
12
registration and every license issued by the board shall spee-
13 responsibilities, and jurisdiction vested in the Bureau of Pri-
13 ify the occupation or occupations which the certificate and li-
14
vate Investigators and Adjusters.
14 cense entitle the holder to practice be determined in accordance
15
SEC. 127. Section 7512 of the Business and Professions
15 with Section 164.
16 Code is amended to read:
16
SEC. 120. Section 7381 of the Business and Professions
17
7512. The governor may appoint a chief of the bureau, at
17
Code is amended to read
18 a salary to be fixed and determined by the director with the
18
7381. Any person, firm or corporation desiring to operate
19 approval of the Director of Finance. The chief shall serve un-
19
a cosmetological establishment shall make an application to
20 der the direction and supervision of the director.
20
the board for a certificate of registration and license, accom-
21
The director may, in accordance with the State Civil Service
21 panied by the registration fee prescribed by this chapter.
22 Act and subject to the provisions of Section 159.5, appoint and
22 The applicant, if an individual, or each officer, director,
23 fix the compensation of such inspectors, investigators, and
23 and partner, if the applicant is other than an individual, shall
24 other personnel as may be necessary for the administration
24 possess good character. A certificate issued pursuant to this
25 and enforcement of this chapter.
25
section shall authorize the operation of the establishment only
26
SEC. 128. Section 7513 of the Business and Professions
26
at the location shown on the certificate for which the certificate
27
Code is amended to read:
27
is issued. Operation of the establishment at any other location
28
7513. Every power and duty granted to or imposed upon
28
shall be unlawful unless a certificate for the new location has
29
the director may be exercised by any other officer or employee
29 been obtained upon compliance with the provisions of this sec-
30 of the Department of Professional and Vocational Standards
30 tion applicable to the issuance of a certificate in the first in-
31 Consumer Affairs authorized by the director, but the director
31 stance.
32 shall have the supervision of and the responsibility for all pow-
32
SEC. 121. Section 7410 of the Business and Professions
33 ers and duties exercised by such officers and employees.
33 Code is amended to read:
34
SEC. 129. Section 7531 of the Business and Professions
34
7410. Every The form and content of a license issued by
35
Code is repealed.
35 the board shall be signed by the president and attested by the
36
7531. The license, when issued, shall be in such form as
36 secretary and shall bear the impress of the board's seal deter-
37 may be determined by the director and shall include:
37
mined in accordance with Section 164.
38
(a) The name of the licensee.
38
SEC. 122. Section 7413 of the Business and Professions
39
(b) The name under which the licensee is to operate.
39
Code is amended to read
40
(c) The number and date of the license.
40
7413. A duplicate license shall be issued upon the filing of
41
SEC. 130. Section 7531 is added to the Business and Pro-
41
a statement explaining the loss verified by the oath of the
42 fessions Code, to read:
42
applicant, and accompanied by a fee of one dollar ($1). Each
43
7531. The form and content of the license shall be deter-
43 duplicate license shall have the word "DUPLICATE" stamped
44 mined by the director in accordance with Section 164.
44 across its face and bear the same date and show the number
45
SEC. 131. Section 7581 of the Business and Professions
45
of the original license.
46 Code is amended to read:
46
SEC. 123. Section 7501 of the Business and Professions
47
7581. The Department of Professional and Vocational
47
Code is amended to read
48 Standards Consumer Affairs shall receive and account for all
48
7501. As used in this chapter, "director" means the Di-
49 money derived from the operation of this chapter and, at the
49 rector of Professional and Vocational Standards Consumer
50 end of each month, shall report such money to the State Con-
50
Affairs, unless the context indicates otherwise.
51
troller and shall pay it to the State Treasurer, who shall keep
51
SEC. 124. Section 7503 of the Business and Professions
52
Code is amended to read:
- 42
- 43 -
1
1 the money in a separate fund known as the Private Investiga-
The Governor shall appoint the additional public member
2 tor and Adjuster Fund. The Private Detective Fund is hereby
2 provided for by the Governor's Reorganization Plan No. 2
3 abolished and the unexpended balance remaining in this fund
3 submitted to the Legislature at the 1970 Regular Session to fill
4 on the effective date of this chapter shall, on order of the State
4 the vacancy created by the expiration of the term of office of
5 Controller, be transferred to the Private Investigator and Ad-
5 the member of the board whose term expires January 15, 1971.
6 juster Fund. All money in the Private Investigator and Ad-
6 The first appointment shall be for a term expiring June 1,
7 juster Fund shall be expended in accordance with law by the
7 1974. Each appointment thereafter shall be for a four-year
8 bureau for the purpose of carrying out the provisions of this
8 term expiring June 1 of the fourth year following the year in
9
9
chapter.
which the previous term expired.
10
SEC. 132. Section 7601 of the Business and Professions
10
SEC. 135. Section 7608 of the Business and Professions
11
Code is amended to read:
11 Code is amended to read:
12
12
7601. There is in the Department of Professional and Voca-
7608. The Director of Professional and Vocational Stand-
13
13 tional Standards Consumer Affairs a State Board of Funeral
ards Consumer Affairs may employ and appoint all employees
14 Directors and Embalmers which consists of six members ap-
14 necessary properly to administer the work of the board and
15 pointed by the Governor, one two of whom shall be a public
15 the work of the department, in accordance with civil service
16
16
member members.
regulations.
17
SEC. 133. Section 7602 of the Business and Professions
17
Upon recommendation of the board, and with the approval
18
Code is amended to read:
18
of the Director of Finance, and, subject to the provisions of
19
19
7602. Members of the board, except the public member
Section 159.5, the Director of Professional and Vocational
20
members, shall only be appointed from persons who are li-
20 Standards Consumer Affairs shall employ investigators and
21
censed as funeral directors or embalmers and who have had a
21 attorneys to assist the board in prosecuting violations of this
22 minimum of five consecutive years' experience in funeral di-
22 chapter, whose compensation and expenses shall be payable
23
recting or embalming immediately preceding their appoint-
23
only out of the State Funeral Directors and Embalmers Fund.
24 ment. Members of the board, including the public member
24
SEC. 136. Section 7628 of the Business and Professions
25
Code is amended to read:
25 members, shall not be financially interested, directly or indi-
26 rectly, in any institution engaged in embalming or funeral
26
7628. Any funeral director desiring to change his place
27
directing instruction and shall not be members of the faculty
27
of business shall apply therefor on forms furnished by the
28
of such an institution.
28
board and be accompanied by a fee fixed by this chapter.
29
The public member members shall not be a licentiate licen-
29
The application shall be granted by the executive secretary
30
tiates of the board.
30
upon the filing with the board of a favorable report, approved
31
SEC. 134. Section 7603 of the Business and Professions
31 by the executive secretary, from a board member, except the a
32
Code is amended to read
32 public member, or inspector concerning the physical status or
33
7603. Members of the board shall be appointed for a term
33 plans and specifications of the proposed funeral establish-
34
of four years and they shall hold office until the appointment
34 ment to the effect that it conforms to the requirements of
35
and qualification of their successors or until six months one
35 this article. Every application SO granted shall be submitted
36
year shall have elapsed since the expiration of the term for
36
for approval at the next meeting of the board after the issu-
37
which they were appointed, whichever first occurs. No person
37
ance thereof and no application for change of place of busi-
38
shall serve as a member of the board for more than three con-
38
ness shall become permanent until approved by the board.
39
secutive terms, but this provision shall not apply to any mem-
39
SEC. 137. Section 7680 of the Business and Professions
40
ber in office at the time this provision takes effect.
40
Code is amended to read
41
The terms of the members of the board in office when this
41
7680. Every license issued shall -
42
chapter takes effect shall expiré as follows: one member, Jan-
42
(a) Specify the name of the licensee.
43
uary 15, 1940; two members, January 15, 1941 one member,
43
(b) Be signed by the licensee.
44
January 15, 1942; and one member, January 15, 1943. The
44
(c) Be be displayed conspicuously in the place of business
45
terms shall expire in the same relative order as to each mem-
45
or employment of the licensee.
46
ber as the terms for which he holds office before this chapter
46
The form and content of every license issued shall be de-
47
takes effect.
47
termined in accordance with Section 164.
48
SEC. 138. Section 7810 of the Business and Professions
48
The Governor shall, on or before January 1, 1962, appoint
49
the first public member of the board, and his term shall expire
49
Code is amended to read
50
on January 15, 1964.
50
7810. The State Board of Registration for Geologists is
51
Vacancies occurring shall be filled by appointment for the
51 within the department and is subject to the jurisdiction of the
52
unexpired term.
52 department. The board shall consist of seven members ap-
- 44
45
1 pointed by the Governor, one two of whom shall be a public
1
8000. There is in the Department of Professional and Voca-
2 member members and six five of whom shall be geologists.
2 tional Standards Consumer Affairs a Certified Shorthand Re-
3
SEC. 139. Section 7813 of the Business and Professions
3 porters Board, which consists of five members appointed by
4 Code is amended to read:
4 the Governor, two of whom shall be active members of the
7813. The six five geologist members of the board shall be
5 State Bar of California and three of whom shall be holders of
5
6 appointed by administrative districts as follows:
6 certificates issued under this chapter who have been actively
7
(a) One member from each of Administrative Districts 1,
7 engaged as shorthand reporters within this state for at least
8 2, 3 and, 4, and 5.
8 five years immediately preceding their appointment.
9
(b) Two members from Administrative District 5.
9
SEC. 143. Section 8005 of the Business and Professions
10 Code is amended to read:
10
Except As as otherwise provided in Section 7814, as each geolo-
11 8005. The Certified Shorthand Reporters Board is charged
11 12 gist member's term expires, his place shall be filled by the ap-
12 with the executive functions necessary for effectuating the
13 pointment of a registered geologist whose principal office for
13 purposes of this chapter. It may appoint such committees as
14 the practice of geology is in the same administrative district
14 it deems necessary or proper. The board may appoint, pre-
15 as the person in the expiring term.
15 scribe the duties, and fix the salary of an executive secretary,
The public members of the board may reside anywhere in
16 who may be employed on a part-time basis. The Except as pro-
16
17 vided by Section 159.5, the board may also employ such other
17 the state.
SEC. 140. Section 7814 of the Business and Professions
18 employees as may be necessary, subject to civil service and
18
19 other provisions of law.
19 Code is amended to read:
7814. The terms of the members of the board first ap-
20
SEC. 144. Section 8008 of the Business and Professions
20
21 pointed shall expire as follows: three members, January 1,
21 Code is amended to read:
22 1970: three members, January 1, 1971; and three members,
22
8008. The board also has the following powers and duties:
23 January 1. 1972. Thereafter appointments shall be for a
23
(a) To adopt a seal which shall be affixed to all certificates
24 four-year term. Each member shall hold office until the ap-
24 issued by the beard
25 pointment and qualification of his successor or until six months
25
(b) By affirmative vote of at least four members of the
26 one year shall have elapsed since the expiration of the term for
26 board, to suspend or revoke a-certificate, for any cause specified
27 which he was appointed. whichever first occurs. Vacancies OC-
27 in this chapter.
28 curring prior to the expiration of the term shall be filled by
28
(c) To charge and collect from all applicants for certificates
29 the fees provided for in this chapter.
29 appointment for the unexpired term.
No person shall serve as a member of the board for more
30
(d) To require the renewal of all such certificates and
30
31 to collect therefor the renewal fee prescribed by this chap-
31 than two consecutive terms.
The Governor shall appoint the additional public member
32 ter or such lesser amount as may be fixed by the board.
32
33 provided for by the Governor's Reorganization Plan No. 2 sub-
33
(e) To issue subpoenas, to administer oaths, and to take tes-
34 mitted to the Legislature at the 1970 Regular Session to fill
34 timony concerning any matter within the jurisdiction of the
35 the vacancu created by the expiration of the term of office of
35 board.
36
SEC. 145. Section 8501 of the Business and Professions
36 the geologist member from Administrative District No. 5 whose
37 term expires January 1. 1971. The first appointment shall be
37 Code is amended to read:
38 for a term expiring June 1, 1974. Each appointment there-
38
8501. "Director" refers to the Director of the Department
39 after shall be for a four-year term expiring June 1 of the
39 of Professional and Vocational Standards Consumer Affairs.
40
SEC. 146. Section 8509 of the Business and Professions
40 fourth year following the year in which the previous term ex-
41 Code is amended to read:
41 pired.
42
SEC. 141. Section 7850 of the Business and Professions
42
8509. "Branch office" is any fixed place of business in
43 addition to the location of business stipulated in for which the
43 Code is amended to read:
7850. Any applicant who has passed the examination and
44 license of an operator is issued, where records are kept, mail
44
45 has otherwise qualified hereunder as a geologist upon payment
45 received, statements rendered, money is collected, or requests
46
of the registration fee fixed by this chapter shall have a certifi-
46 are received for service or bids, or information is given per-
47
cate of registration issued to him as a geologist.
47 taining to the practice of pest control, other than governmental
48
A certificate of registration for a geologist shall be signed
48 offices.
49 by the president and secretary and issued under the seal of
49
SEC. 147. Section 8520 of the Business and Professions
50 Code is amended to read:
50 the board.
SEC. 142. Section 8000 of the Business and Professions
51
8520. There is in the Department of Professional and Vo-
51
52 cational Standards Consumer Affairs a Structural Pest Con-
52 Code is amended to read:
- 46
- 47
1 trol Board, which consists of six members appointed by the
1
8529. The registrar with the approval of the board and of
2 Governor.
2 the director, and, subject to the provisions of the State Civil
3
Subject to the jurisdiction conferred upon the director by
3 Service Act and Section 159.5, may appoint and fix the com-
4 Division 1 (commencing with Section 100) of this code, the
4 pensation of such other assistants as may be necessary.
5 board is vested with the power to and shall administer the
5 SEC. 151. Section 8561 of the Business and Professions
6 provisions of this chapter.
6 Code is amended to read:
7
SEC. 148. Section 8521 of the Business and Professions
7
8561. Any person may apply for an operator's license;
8 Code is amended to read:
8 however, an individual applicant must be 21 years of age or
9
8521. The board is composed of six members, five four of
9 over.
10 whom shall be, and shall have been for a period of not less
10
(a) If the applicant is an individual, he shall possess the
11 than five years preceding the date of their appointment, op-
11 qualifications and be examined as hereinafter prescribed. If
12 erators licensed under this chapter actively engaged in the
12 such individual qualifies for an operator's license, as herein
13 business of pest control and who are residents of this state,
13 prescribed, the board shall issue to him an operator's license.
14 and one two public member members who shall not be a licen-
14 (b) If the applicant is a partnership, it shall designate a
15 tiate licentiates of the board.
15 partner to be the qualified partner for the partnership entity
16
SEC. 149. Section 8522 of the Business and Professions
16 or an employee designated as its responsible natural person,
17 Code is amended to read:
17 and such partner or responsible natural person shall possess
18
8522. Members of the board shall be appointed by the
18 the qualifications and be examined as hereinafter prescribed.
19 Governor for a term of four years, subject to removal by him
19 If such partner or responsible natural person SO qualifies in
20 at his pleasure.
20 the same manner as an operator as herein prescribed, the board
21
The terms of the members of the board in office when this
21 shall issue an operator's license to the partnership naming
22 chapter takes effect shall expire as follows:
22 therein the partner or responsible natural person qualified to
23
Two members, January 15, 1942; one member, January 15,
23 act as operator for the partnership Such partner or responsi-
24 1943; one member, January 15, 1944; and one member, Janu-
24 ble natural person may engage in pest control on behalf of the
25 ary 15, 1945.
25 partnership only, SO long as he remains in such capacity for
26
The terms shall expire in the same relative order as to each
26 the partnership, but he may become associated with another
27 member as the terms for which he holds office before this
27 partnership, or with a firm or corporation, in a capacity other
28 chapter takes effect.
28 than a qualifying partner, responsible natural person or quali-
29
The Governor shall, on or before January 1, 1962, appoint
29 fying officer.
30 the first public member of the board, and his term shall expire
30
(c) If the applicant is an association or corporation, it shall
31 on January 15, 1965.
31 designate an officer thereof or a responsible natural person em-
32
Vacancies shall be filled by the Governor for the unexpired
32 ployed or to be employed by it to be the qualified officer or
33 term.
33 responsible natural person for the association or corporation
34
Each member shall hold office until the appointment and
34 entity. Such officer or responsible natural person shall possess
35 qualification of his successor or until six months one year shall
35 the qualifications and be examined as hereinafter prescribed.
36 have elapsed since the expiration of the term for which he was
36 If such officer or responsible natural person SO qualifies in the
37 appointed, whichever first occurs. No person shall serve as a
37 same manner as an operator as herein prescribed, the board
38 member of the board for more than three consecutive terms,
38 shall issue an operator's license to the association or corpora-
39 but this provision shall not apply to any member in office at
39 tion, as the case may be , naming therein the officer or respon-
40 the time this provision takes effect.
40 sible natural person qualified to act as operator for the associ-
41
The Governor shall appoint the additional public member
41 ation or corporation Such officer or responsible natural person
42 provided for by the Governor's Reorganization Plan No. 2
42 may engage in pest control on behalf of the association or
43 submitted to the Legislature at the 1970 Regular Session to
43 corporation only SO long as he remains in such capacity for the
44 fill the vacancy created by the expiration of the term of office
44 association or corporation, but he may become associated with
45 of the member whose term expires January 15, 1971. The first
45
another association or corporation, or with a firm or partner-
46 appointment shall be for a term expiring June 1, 1974. Each
46 ship, in a capacity other than as a qualifying officer, respon-
47 appointment thereafter shall be for a four-year term expiring
47 sible natural person, or partner.
48 June 1 of the fourth year following the year in which the
48
SEC. 152. Section 8612 of the Business and Professions
49 previous term expires.
49 Code is amended to read:
50
SEC. 150. Section 8529 of the Business and Professions
50
8612. The licenses of operators shall be prominently dis-
51 Code is amended to read:
51 played in the office of the operator, and no license issued here-
52 under shall authorize the licensee to do business except from
- 48
- 49
1 the location stipulated in for which the license was issued.
1
SEC. 158. Section 9008 of the Business and Professions
2 Each operator having a branch office or more than one branch
2 Code is amended to read
3 office shall be required to display his branch office registration
3
9008. Subject to the State Civil Service Act and Section
4 prominently in each branch office maintained by him.
4 159.5, the board may employ such clerical, technical and other
5
When an operator opens a branch office he shall notify the
5 assistants as it deems necessary, within budget limitations.
6 registrar in writing on a form prescribed by the board and
6
SEC. 159. Section 9530 of the Business and Professions
7 issued by the registrar in accordance with rules and regula-
7 Code is amended to read:
8 tions adopted by the board, together with the fee for a branch
8
9530. There is in the Department of Professional and Vo-
9 office prescribed by this chapter.
9 cational Standards, Consumer Affairs the State Board of Dry
10
SEC. 153. Section 8702 of the Business and Professions
10 Cleaners, which consists of seven members appointed by the
11 Code is amended to read:
11 Governor and confirmed by the Senate. The seven members of
12
8702. "Director" refers to the Director of Professional and
12 the board shall consist of two public members and five persons
13 Vocational Standards Consumer Affairs.
13 licensed or registered by the board. All board member licensees
14
SEC. 154. Section 8747 of the Business and Professions
14 or registered persons shall have been actively engaged in the
15 Code is amended to read:
15 drycleaning industry for at least three years and after Janu-
16
8747. Any applicant who has passed the examination pre-
16 ary 1, 1972, shall have been actively engaged in the dryclean-
17
scribed by the board, upon payment of the license fee fixed
17 ing industry for at least five years. It is desirable that members
18 by this chapter, which fee shall be retained for the board,
18 from the drycleaning industry be SO selected that there shall
19 shall have a suitable license issued to him.
19 be a geographical balance.
20
The license shall be signed by the president and the secretary
20
Each member of the board shall receive a per diem and
21 and shall authorize him to practice as a land surveyor.
21 expenses as provided in Section 103.
22
SEC. 155. Section 8775.3 of the Business and Professions
22
SEC. 160. Section 9532 of the Business and Professions
23 Code is amended to read
23 Code is amended to read
24
8775.3. Persons holding a certificate of exemption under
24
9532. The board shall enforce and administer the provi-
25 the provisions of Section 8730.6, as that section read on Janu-
25 sions of this chapter subject to the powers conferred upon the
26 ary 1, 1965, shall be issued a photogrammetric surveyor license
26 director by this code. The board shall have power to employ
27
as herein prescribed, without examination or fee; provided
27 an executive secretary and, except as provided by Section
28 such certificate is presented and surrendered to the board prior
28 159.5, such other administrative, technical and clerical employ-
29
to January 1, 1966.
29 ees as may be reasonably necessary for the administration of
30
Each person SO registering shall be issued a suitable license
30 this chapter. The board shall elect officers, providing the office
31 bearing the signatures of the president and secretary of the
31 of president shall be for a term not to exceed one year and no
32
board, which license shall entitle the holder thereof to practice
32 member shall succeed himself as president of the board. The
33
under this article as a photogrammetric surveyor.
33 board shall adopt and use a common seal for the authentication
34
All such licenses shall be renewable upon payment of the
34 of its orders and records.
35
fee fixed by the board for which a renewal certificate shall be
35
SEC. 161. Section 9533.5 of the Business and Professions
36
issued. Photogrammetric surveyor license fees shall be the same
36 Code is amended to read
37
as those prescribed for land surveyor's licensing; and the
37
9533.5. For the purpose of enforcing this chapter, any
38
provisions of this chapter relating to revenue, and with respect
38 member of the board or any employee of the board designated
39
to disciplinary proceedings, shall similarly apply.
39 for that purpose inspector or investigator of the department's
40
SEC. 156. Section 9001 of the Business and Professions
40 Division of Investigation may enter and inspect any clothes
41
Code is amended to read:
41 cleaning establishment, dyeing plant, spotting and pressing
42
9001. There is in the Department of Professional and Vo
42 shop or store, press shop or store, drycleaning agency, hat ren-
43 cational Standards Consumer Affairs a Social Worker and
43 ovating establishment, fur renovating establishment, or school
44
Marriage Counselor Qualifications Board of the State of Cali-
44 or college of cleaning and/or dyeing, spotting or pressing
45
fornia, which consists of nine members appointed by the Gov-
45 during customary business hours or at any time when such
46
ernor with the advice and consent of the Senate.
46 establishment, plant, shop, store, or agency is in operation. The
47
SEC. 157. Section 9007 of the Business and Professions
47 owner, lessee, manager, or operator thereof shall permit the
48 Code is amended to read:
48 members of the board or their designated representatives per-
49
9007. With the approval of the Director of Professional and
49 sons designated in this section to enter and make inspections at
50 Vocational Standards Consumer Affairs, the board shall fix
50 the time and for the purpose stated in this section.
51 the salary of the executive secretary.
51
SEC. 162. Section 9540.5 of the Business and Professions
52 Code is amended to read:
- 50
- 51 -
1
1
9540.5. The board shall issue four (1) forms of licenses,
SEC. 165. Section 9541.1 of the Business and Profession
2 designated as follows the following licenses
2
Code is amended to read:
3
3
(1) Shop license.
9541.1. Every licensee shall sign his original or duplicat
4
(2) Clothes cleaning establishment license.
4 license and cause it cause his original or duplicate license to
5
(3) Clothes dyeing establishment license.
5 be posted in a conspicuous place, within reading distance 01
6
(4) School or college license.
6 the consuming public, upon the premises owned or operated
7
SEC. 163. Section 9540.51 of the Business and Professions
7 by such licensee.
8
Code is amended to read
8
SEC. 166. Section 9597 of the Business and Professions
9
9540.51. The board shall issue a shop license to the owner
9 Code is amended to read:
10
10
of each spotting and pressing shop or store, each press shop or
9597. The holder of any license or registration certificate
11
store, drycleaning agency, each fur renovating shop or store,
11 shall submit it for inspection upon the request of the board 01
12 each hat renovating shop or store, and each leather renovating
12 an employee thereof or of an inspector or investigator of the
13 shop or store, who complies with the law and rules and regu-
13 department's Division of Investigation, the State Fire Mar-
14 lations of the board.
14 shal, or any Deputy State Fire Marshal.
15
Shop licenses shall be divided into six classes and the class
15
SEC. 167. Section 9625 of the Business and Professions
16
of each license shall be designated on the license as follows the
16 Code is amended to read:
17
following classes:
17
9625. There is in the department a cemetery board which
18
1. Class No. 1 license means spotting Spotting and pressing
18 consists of six members, including two members representing
19
shop license
19 the public at large. The terms of the members first appointed
20
2. Class No. 2 license means dry Dry cleaning agency Hi-
20 shall expire: one, January 15, 1950; one, January 15, 1951
21 cense
21 one, January 15, 1952; and two, January 15, 1953. The Gov-
22
3. Class No. 3 license means hat Hat renovator license
22 ernor shall, on or before January 1, 1962, appoint the first
23
4. Class No. 4 license means fur Fur renovator license
23 public member of the board, and his term shall expire on Jan-
24
5. Class No. 5 license means leather Leather garment reno-
24 uary 15, 1964. Thereafter appointments shall be for a four-
25
vator license
25 year term. The members shall be appointed by the Governor
26
6. Class No. 6 license means press Press shop license.
26 and confirmed by the Senate.
27
SEC. 164. Section 9541 of the Business and Professions
27
The additional public member provided for by the Governor's
28 Code is amended to read:
28 Reorganization Plan No. 2 submitted to the Legislature at the
29
9541. Any applicant who fails to pass the investigation
29 1970 Regular Session shall be appointed to fill the vacancy
30 and examination shall be eligible to apply for reexamination
30 created by the expiration of the term of office of the member
31 after notification of his failure to pass the examination upon
31 whose term expires January 15, 1971. The first appointment
32 filing a new application and payment of the prescribed fee.
32 shall be for a term expiring June 1, 1974. Each appoint-
33 Each license shall contain the following:
33 ment thereafter shall be for a four-year term expiring June 1
34
+. The name of the licensee.
34 of the fourth year following the year in which the previous
35
2. If the licensee is a plant, spotting and pressing shop or
35 term expired.
36 store, press shop or store, a dry cleaning agency, a hat reno-
36
SEC. 168. Section 9626 of the Business and Professions
37 vating establishment, a fur renovating establishment, or a
37 Code is amended to read:
38 private school or college and which is or will be operated under
38
9626. Members of the board, except the public member
39 a fictitious firm name, such fictitious firm name and the name
39 members, shall be appointed only from persons who have had,
40 and address of the principal place of business of each indi-
40 immediately preceding their appointment, a minimum of five
41 vidual owner interested therein shall appear on the license.
41 consecutive years' experience in this state in the active ad-
42
If any licensee operates a branch store or shop under any
42 ministrative management of a cemetery corporation or as a
43 fictitious firm name, there shall appear on the license issued
43 member of the board of directors thereof for this period and
44 for the branch store or shop such fictitious name and address
44 shall at the time of their appointment have the actual and full
45 of the principal place of business of each individual owner
45 authority of a president, general manager, or executive vice
46 interested therein.
46 president. The five-year consecutive period shall be exclusive
47
If a corporation or co-operative establishment, the names
47 of time spent in the armed services. They shall hold office only
48 and addresses of the president, secretary and managing officer
48 as long as they continue in such active, actual and authorita-
49 only shall appear on the license.
49 tive capacity.
50
3. Designation of the street and number of the premises in
50
The public member members appointed by the Governor
51 or upon which the licensee is or will be located.
51 shall not be a licentiate licentiates of the board. In addition,
52 a public or lay member shall not have been at any time within
52
- 53 -
1 five years immediately preceding his appointment, nor shall
1 taining television, radio, tape recorders, or phonograph equip-
2 he be during his term of office, any of the following:
2 ment normally used or sold for use in the home.
3
(a) Engaged in, or a stockholder or legal counsel for any
3
(h) "Complainant" means the customer of a service dealer
4 person, firm, or corporation which is engaged in, any business
4 who has complained to the director concerning such service
5 or activity which a cemetery authority may engage in under
5 dealer.
6 Section 7020 of the Health and Safety Code, whether or not
6
SEC. 173. Section 9810 of the Business and Professions
7 such business or activity is incidental to or independent from a
7 Code is amended to read:
8 cemetery business.
8
9810. There is in the Department of Professional and Vo-
9
(b) Engaged in any of the pursuits covered by Part 2
9 cational Standards Consumer Affairs a Bureau of Electronic
10 (commencing with Section 8125) or Part 4 (commencing with
10 Repair Dealer Registration Services, under the supervision
11 Section 8890) of Division 8 of the Health and Safety Code.
11 and control of the director. The director shall administer and
12
SEC. 169. Section 9628 of the Business and Professions
12 enforce the provisions of this chapter.
13 Code is amended to read
13
The Governor shall appoint, subject to confirmation by the
14
9628. The board shall elect annually a chairman and vice
14 Senate. a chief of the bureau at a salarv to be fixed and deter-
15 chairman and such other officers as it shall determine from
15 mined by the director with the approval of the Director of
16 among its members. Subject to the provisions of Section 154
16 Finance. The chief shall serve under the direction and super-
17 Sections 154 and 159.5, the board may employ, fix the salaries
17 vision of the director and at the pleasure of the Governor.
18 of and prescribe the duties of, two administrative assistants
18
Before a chief is appointed, the Governor shall give due
19 and such clerical, technical and other employees as are neces-
19 consideration to any person or persons recommended by the
20 sary in the carrying out of its duties.
20 board.
21
SEC. 170. Section 9711 of the Business and Professions
21
Every power granted to or duty imposed upon the director
22 Code is amended to read:
22 under this chapter may be exercised or performed in the name
23
9711. Every licensed cemetery broker shall have and
23 of the director by a deputy or assistant director or by the
24 maintain a definite place of business in this state, which shall
24 chief, subject to such conditions and limitations as the director
25 serve as his office for the transaction of business.
25 may prescribe.
26
No cemetery license authorizes the licensee to do business
26
Wherever the laws of this state refer to the Bureau of Elec-
27 except from the location stipulated in for which the cemetery
27 tronic Repair Dealer Registration, the reference shall be con-
28 license was issued.
28 strued to be to the Bureau of Repair Services.
29
Notice in writing shall be given the board of change of busi-
29 SEC. 174. Section 9811 of the Business and Professions
30 ness location of a cemetery broker, whereupon the board shall
30 Code is amended to read:
31 issue a new cemetery license for the unexpired period. The
31
9811. The director, in accordance with the State Civil
32 change or abandonment of business location without notifica-
32 Service Act and Section 159.5, may appoint and fix the com-
33 tion to the board shall automatically cancel the license thereto-
33 pensation of such clerical, inspection, investigation, and
34 fore issued.
34 auditing personnel as well as an assistant chief, as may be nec-
35
SEC. 172. Section 9801 of the Business and Professions
35 essary to carry out the provisions of this chapter. All such
36 Code is amended to read:
36 personnel shall perform their respective duties under the
37
9801. The following terms as used in this chapter have the
37 supervision and the direction of the chief.
38 meaning expressed in this section
38 SEC. 175. Section 9817 of the Business and Professions
39
(a) "Person" includes firm, partnership, association or
39 Code is amended to read:
40 corporation.
40
9817. There is in the bureau an advisory board which a
41
(b) "Department" means the Department of Professional
41 Repair Services Advisory Board. It consists of five members
42 and Vocational Standards Consumer Affairs.
42 appointed by the Governor subject to confirmation by the Sen-
43
(c) "Director" means the Director of Professional and Vo
43 ate.
44 eational Standards Consumer Affairs.
44 SEC. 176. Section 9870 of the Business and Professions
45
(d) "Bureau" means the Bureau of Electronic Repair
45 Code is amended to read:
46 Dealer Registration Repair Services
46
9870. All fees collected pursuant to this chapter shall be
47
(e) 'Chief" means the Chief of the Bureau of Electronic
47 paid into the State Treasury to the credit of the Electronic
48 Repair Dealer Registration Repair Services.
48 Repair Dealer Registration Repair Services Fund, which fund
49
(f) "Board" means the Repair Services Advisory Board ;
49 is hereby created.
50 Bureau of Electronic Repair Dealer Registration.
50
Sec. 177. Section 9871 of the Business and Professions
51
(g) "Service dealer" means a person who, for compensa-
51 Code is amended to read:
52 tion, engages in the business of repairing, servicing, or main-
- 54
- 55
1
9871. The director shall report to the State Controller at
2 the beginning of each month, for the month preceding, the
1
(1) The city, street and number of the premises in which
3
amount and source of all revenue received by the bureau pur-
2 the employment agency is authorized to carry on its business.
4 suant to this chapter, and at that time shall pay the entire
3
SEC. 185. Section 9949 is added to the Business and Profes-
5
amount thereof into the State Treasury for credit to the Elec-
4 sions Code, to read:
6 tronic Repair Dealer Registration Repair Services Fund.
5
9949. The form and content of a license shall be determined
7
SEC. 178. Section 9872 of the Business and Professions
6 in accordance with Section 164.
8 Code is amended to read:
7
SEC. 186. Section 9950 of the Business and Professions
9
9872. The money in the Electronic Repair Dealer Registra-
8 Code is amended to read:
10 tion Repair Services Fund necessary for the administration of
9 9950. The license shall protect only the person or persons
11 this chapter is hereby continuously appropriated for such pur-
10 to whom it is issued and only those places designated in the
12 poses. Money in excess of a year and a half's operating cost
11 license for which it is issued. No license shall be issued, trans-
13 shall be transferred to the General Fund from the Electronic
12 ferred or assigned to any person unless written consent is ob-
14 Repair Dealer Registration Repair Services Fund.
13 tained from the bureau.
15
SEC. 179. Section 9874 of the Business and Professions
14
In the case of a corporation or partnership, a license shall be
16 Code is amended to read:
15 valid only as long as the person or persons qualifying for the
17
9874. All salaries, expenses, or costs incurred or sustained
16 license are active and bona fide shareholders in the corporation,
18 pursuant to this chapter shall be payable only out of the Elec-
17 or partners in the case of a partnership. If the person or per-
19 tronic Repair Dealer Registration Repair Services Fund.
18 sons qualifying for the license cease for any reason whatsoever
20
SEC. 180. Section 9907 of the Business and Professions
19 to be connected with the corporation or partnership, such cor-
21 Code is amended to read:
20 poration or partnership shall have 90 days to qualify a person
22
9907. As used in this chapter, "department" means the
21 for such license, and if it fails to do SO such license shall after
23 Department of Professional and Vocational Standards Con-
22 notice and hearing be suspended until such time as a person
24 sumer Affairs.
23 qualifies for such license. A corporation or partnership whose
25 SEC. 181. Section 9908 of the Business and Professions
24 license is suspended pursuant to this section shall not carry on
26 Code is amended to read:
25 the business of an employment agency during the period of
27
9908. As used in this chapter, "director" means the direc-
26, such suspension.
28 tor of Professional and Vocational Standards Consumer Af-
27
SEC. 187. Section 9992 of the Business and Professions
29 fairs.
28 Code is amended to read:
30
SEC. 182. Section 9920 of the Business and Professions
29
9992. Upon receipt of a complaint, or upon its own motion,
31 Code is amended to read:
30 the bureau shall ascertain whether or not the accused licensee
32
9920. There is in the Department of Professional and Vo
31 has been guilty of an act or omission constituting a ground
33 cational Standards Consumer Affairs a Bureau of Employment
32 for disciplinary action and may make or cause to be made such
34 Agencies under the supervision and control of the Chief of the
33 investigation as it deems necessary in order to ascertain this
35 Bureau of Employment Agencies.
34 fact. All inspections and investigations are to be performed
36
SEC. 183. Section 9922 of the Business and Professions
35 by personnel assigned by the director of the department's
37 Code is amended to read:
36 Division of Investigation
38
9922. In accordance with the State Civil Service Act, and
37 SEC. 188. Section 9996 of the Business and Professions
39 Section 159.5, the director may appoint and fix the compen-
38 Code is repealed.
40 sation of such inspectors, investigators and other personnel as
39 9996. The unenoumbered balance of all money available
41 may be necessary for the administration of this chapter.
40 for expenditure by the Department of Industrial Relations,
42
SEC. 184. Section 9949 of the Business and Professions
41 Division of Labor Law Enforcement, in carrying out any fune-
43 Code is repealed.
42 tions transferred to the Department of Professional and Voca-
44
9919. A license when issued shall designate:
43 tional Standards by this chapter shall be made available
45
(a) The name of the licensee.
44 for the support and maintenance of the Department of Pro-
46
(b) The number and date of issuance of the license.
45 fessional and Vocational Standards in earrying out those
47
(c) The name of the qualified examinee or examinees.
46 functions, and all books, documents, records and property of
48
(d) The category of license, if the bureau establishes cate-
47 the Department of Industrial Relations, Division of Labor Law
49 gories as provided for in Section 9911.
48 Enforcement, relating to such functions shall be transferred to
50
(c) In addition, the employment agency license shall desig-
49 the Department of Professional and Vocational Standards.
51 nate:
50
SEC. 189. Section 17500.1 of the Business and Professions
51 Code is amended to read:
- 56 -
- 57 -
1
17500.1. No state board or commission within the Depart-
1
2 ment of Professional and Vocational Standards Consumer
18626. The commission shall appoint an executive officer
3 Affairs shall enact any rule or regulation which shall restrict
2 and fix his compensation. The executive officer shall carry out
4 or prohibit advertising by any commercial or professional per-
3 the duties prescribed by this chapter and such additional duties
5 son, firm, partnership or corporation which does not violate
4 as may be delegated by the commission. The Except as pro-
6 the provisions of Section 17500 of the Business and Professions
5 vided by Section 159.5, the commission may employ such other
7 Code. Any existing rules or regulations conflicting with this
6 personnel as may be necessary for the administration of this
7 chapter.
8 section are hereby repealed.
8
SEC. 195. Section 18672 of the Business and Professions
9
The provisions of this section do not apply to any rules
9 Code is amended to read:
10 or regulations heretofore or hereafter formulated pursuant to
10
18672. The Except as provided in Section 164, the com-
11 Section 6076 of this code.
SEC. 190. Section 17805 of the Business and Professions
11 mission has the sole direction, management, and control of
12
12 and jurisdiction over all licenses issued to any person who
13 Code is amended to read:
13 participates in boxing contests, sparring or wrestling matches,
14
17805. The board shall issue an appropriate license within
15 the fields referred to in Section 17801 in such form as the
14 or wrestling exhibitions.
15 SEC. 196. Section 19004 of the Business and Professions
16 board may deem appropriate to every applicant who qualifies
16 Code is amended to read
17 under the chapter. The form and content of the license shall
17
19004. (a) "Bureau" refers to the Bureau of Furniture
18 be determined in accordance with ,Section 164.
SEC. 191. Section 17806 of the Business and Professions
18 and Bedding Inspection.
19
19
(b) "Chief" refers to the chief of the bureau.
20 Code is amended to read:
20
21
17806. The board may adopt such rules and regulations
(c) "Inspector" refers to an inspector of the bureau de-
22 as may be necessary to enable it to carry into effect the pro-
21 partment's Division of Investigation.
22
23 visions of this chapter. Such rules and regulations shall be
(d) "Director" refers to the Director of Professional and
23 Vocational Standards Consumer Affairs.
24 adopted in accordance with Chapter 4.5 (commencing with
24
25 Section 11371) of Part 1 of Division 3 of Title 2 of the Gov-
(e) "Department" refers to the Department of Profes-
25 sional and Vocational Standards Consumer Affairs.
26 ernment Code.
26
27
Any rules and regulations adopted by the Director of Pro-
(f) "Board" refers to the California Advisory Board of
27 Furniture and Bedding.
28 fessional and Vocational Standards Consumer Affairs for mar-
28 SEC. 197. Section 19030 of the Business and Professions
29 riage, family and child counselors, which are in effect on the
29 Code is amended to read:
30 effective date of the amendment made to this section at the
30
19030. There is in the Department of Professional and
31 1968 Regular Session of the Legislature, shall remain in effect
31 Vocational Standards Consumer Affairs a Bureau of Furniture
32 until the board adopts new rules and regulations or incor-
32 and Bedding Inspection under the supervision and control of
33 porates the director's rules and regulations into the board's
33 the Chief of the Bureau of Furniture and Bedding Inspection.
34 rules and regulations.
34
SEC. 198. Section 19031 of the Business and Professions
35
SEC. 192. Section 17807 of the Business and Professions
35 Code is amended to read:
36 Code is amended to read:
36
19031. The chief shall be appointed by the Governor and
37
17807. The Except as provided by Section 159.5, the board
37 shall serve at his pleasure. His compensation shall be fixed by
38 may employ whatever additional personnel is necessary to
38 the Director of Professional and Vocational Standards Con-
39 carry out the provisions of this chapter.
39 sumer Affairs in accordance with law.
40
SEC. 193. Section 18620 of the Business and Professions
40
The duty of enforcing and administering this chapter is
41 Code is amended to read:
41 vested in the chief and he is responsible to the director there-
42
18620. There shall be is in the Department of Professional
42
for.
43 and Vocational Standards Consumer Affairs the State Athletic
43
SEC. 199. Section 19032 of the Business and Professions
44 Commission, which consists of five members appointed by the
44 Code is amended to read:
45 Governor.
45
19032. In accordance with the State Civil Service Act and
46
The State Athletic Commission succeeds to and is vested with
46 subject to Section 159.5, the director may appoint and fix the
47 the duties, powers, purposes, responsibilities and jurisdiction
47 compensation of such inspectors, investigators and other per-
48 of the Division of Athletics and of the officers and employees
48 sonnel as may be necessary for the administration of this
49 of said division.
49 chapter.
50
SEC. 194. Section 18626 of the Business and Professions
50
SEC. 200. Section 19035.1 of the Business and Professions
51 Code is amended to read:
51 Code is amended to read:
- 58
- 59
1
19035.1. One member of the board shall be a bedding man-
1 fill any vacancy occurring in the office of the supply dealer
2 ufacturer, one member shall be an upholstered-furniture man-
2 member whose term expires June 30, 1973.
3 ufacturer, two members shall be retailers, one member shall be
3
SEC. 203. Section 19052 of the Business and Professions
4 a supply dealer, one member shall be a sterilizer, and one mem-
4 Code is amended to read:
5 ber two members shall represent the public at large. All of the
5
19052. Every custom upholsterer, unless he holds a furni-
6 members, except the member members representing the public
6 ture manufacturer's license, shall hold a custom upholsterer's
7 at large, shall have been actively engaged and licensed as a
7 license bearing a registry number assigned by the bureau.
8 manufacturer, custom upholsterer, retailer, supply dealer, or
8
Persons holding a valid furniture repairer's license on the
9 sterilizer, as the case may be, for a period of not less than five
9 effective date of the amendment made to this section at the
10 years immediately preceding the date of their appointment
10 1968 Regular Session of the Legislature, may operate under
11 and shall continue to be SO engaged and licensed during the
11 such license until the renewal date thereof at which time the
12 terms of their office.
12 bureau shall issue a custom upholsterer's license, if the person
13
SEC. 201. Section 19035.2 of the Business and Professions
13 is entitled to have his license renewed.
14 Code is amended to read:
14 SEC. 204. Section 19054 of the Business and Professions
15
19035.2. Each member of the board shall have been a citi-
15 Code is amended to read:
16 zen and a resident of the State of California for at least five
16
19054. Every upholstered furniture manufacturer shall
17 years immediately preceding his appointment, and shall be at
17 hold a furniture manufacturer's license ; bearing a registry
18 least 30 years of age and of good character.
18 number assigned or approved by the bureau.
19
Each member of the board, other than the a member repre-
19
SEC. 205. Section 19056 of the Business and Professions
20 senting the public at large, shall be of recognized standing in
20 Code is amended to read:
21 his branch of the furniture and bedding industry in the State
21
19056. Every bedding renovator, unless he holds a bedding
22 of California.
22 manufacturer's license, shall hold a bedding renovator's li-
23
SEC. 202. Section 19035.3 of the Business and Professions
23 cense bearing a registry number assigned by the bureau.
24 Code is amended to read:
24 SEC. 206. Section 19058 of the Business and Professions
25
19035.3. Members Each member of the board shall be ap-
25 Code is amended to read:
26 pointed for a term of four years and they shall hold office until
26
19058. Every bedding manufacturer shall hold a bedding
27 the appointment and qualification of their successors his suc-
27 manufacturer's license bearing a registry number assigned or
28 cessor or until one year shall have elapsed since the expiration
28 approved by the bureau.
29 of his term, whichever first occurs.
29 SEC. 207. Section 19059 of the Business and Professions
30
The terms of the members first appointed to the board shall
30 Code is amended to read:
31 expire as follows: the sterilizer, June 30, 1956; the supply
31
19059. Every supply dealer, unless he holds an upholstered
32 dealer and the member representing the public at large, June
32 furniture manufacturer's license or a bedding manufacturer's
33 30, 1957; one manufacturer and one retailer, June 30, 1958;
33 license, shall hold a supply dealer's license bearing a registry
34 one manufacturer and one retailer, June 30, 1959.
34 number assigned or approved by the bureau.
35
The Governor shall appoint the upholstered-furniture manu-
35 SEC. 208. Section 19059.5 of the Business and Professions
36 facturer authorized by the amendment made to Section 19035.1
36 Code is amended to read:
37 at the 1961 Regular Session of the Legislature to the vacancy
37 19059.5. Every sterilizer shall hold a sterilizer's license
38 occurring on the board on June 30, 1962 in the membership
38 bearing a registry number assigned by the bureau.
39 of a manufacturer.
39 SEC. 209. Section 19206 of the Business and Professions
40
Vacancies occurring in the membership of the board for any
40 Code is amended to read:
41 cause shall be filled by appointment for the balance of the un-
41
19206. No person shall interfere with, obstruct or otherwise
42 expired term.
42 hinder any inspector of the bureau or of the department's Di-
43 Each member appointed to the board, except the member
43 vision of Investigation in the performance of his duties. The
44 appointed to represent the public at large, shall be from the
44 chief, his deputies, and assistants, and all inspectors in the
45 same branch of the furniture and bedding industry as his
45 performance of their official duties, shall have the same powers
46 predecessor.
46 as are possessed by peace officers in this state.
47
No member shall serve more than two consecutive terms of
47 SEC. 210. Section 11200 of the Government Code is
48 office.
48 amended to read:
49
The Governor shall appoint the additional public member
49
11200. The Governor, upon recommendation of the director
50 provided for by the Governor's Reorganization Plan No. 2
50 of the following state departments, may appoint not to exceed
51 submitted to the Legislature at the 1970 Regular Session to
51 two chief deputies for the Directors of the Departments of
52 Finance, Public Works, General Services, and Mental Hygiene,
- 60 -
- 61 -
1 and not to exceed one chief deputy for the Directors of the De-
1
Fish and Game Commission.
2 partments of Social Welfare, Agriculture, Insurance, Employ-
2
State Board of Education.
3 ment, Motor Vehicles, Professional and Vocational Standards
3
Insurance Commissioner.
4 Consumer Affairs, and Water Resources.
4
Savings and Loan Commissioner.
5
The deputies provided for in this section shall be in addition
5
State Board of Dry Cleaners.
6 to those authorized by any other law.
6
7
SEC. 211. Section 11501 of the Government Code is
7
Board of Social Work Examiners of the State of California.
State Board of Chiropractic Examiners.
8 amended to read:
8
State Board of Guide Dogs for the Blind.
9
11501. (a) The procedure of any agency shall be conducted
9
Division of Aeronautics.
10 pursuant to the provisions of this chapter only as to those
10
11 functions to which this chapter is made applicable by the stat-
11
tem. Board of Administration, State Employees' Retirement Sys-
12 utes relating to the particular agency.
12
Department of Motor Vehicles.
13
(b) The enumerated agencies referred to in Section 11500
13
14
Bureau of Furniture and Bedding Inspection.
14 are:
Cemetery Board.
15
Board of Dental Examiners of California.
15
Department of Conservation.
16
Board of Medical Examiners of the State of California and
16
17
the district review committees.
17 414 of the Water Code.
Department of Water Resources acting pursuant to Section
18
Board of Osteopathic Examiners of the State of California.
18
19
California Board of Nursing Education and Nurse Regis-
19 fornia.
Board of Vocational Nurse Examiners of the State of Cali-
20 tration.
20
Certified Shorthand Reporters Board.
21
State Board of Optometry.
21
22
22 ices.
Bureau of Private Investigators and Adjusters Repair Serv-
California State Board of Pharmacy.
23
State Department of Public Health.
23
California State Board of Landscape Architects.
24
State Board of Public Health.
24
Department of Alcoholic Beverage Control.
25
Board of Examiners in Veterinary Medicine.
25
California Horse Racing Board.
26
State Board of Accountancy.
26
California State Board of Architectural Examiners.
27
State Fair Employment Practice Commission.
School districts under Section 13444 of the Education Code.
27
28
State Board of Barber Examiners.
28
29
State Board of Registration for Civil and Professional En-
29
amended to read:
SEC. 212. Section 11554 of the Government Code is
30 gineers.
30
31
31 hundred dollars ($27,500) shall be paid to each of the follow-
11554. An annual salary of twenty-seven thousand five
Registrar of Contractors.
32
State Board of Cosmetology.
32 ing:
33
State Board of Funeral Directors and Embalmers.
33
(a) Director of Conservation
34
Structural Pest Control Board.
34
(b) Director of Fish and Game
35
Yacht and Ship Brokers Commission.
35
(c) Executive Officer, Franchise Tax Board
36
Director of Professional and Vocational Standards Con-
36
(d) Director of Parks and Recreation
37
sumer Affairs.
37
(e) Director of Rehabilitation
38
Collection Agency Licensing Bureau of Collection and In-
38
(f) Director of Veterans Affairs
39 vestigative Services.
39
(g) Director of Commerce
40
State Fire Marshal.
40
(h) Director of Professional and Vocational Standards Con-
41
State Geologist.
41
sumer Affairs
42
Director of Agriculture.
42
43
43 Board
(i) Members of the Unemployment Insurance Appeals
Labor Commissioner.
44
Real Estate Commissioner.
44
(j) Deputy Director of the Department of Justice
45
Commissioner of Corporations.
45
(k) State Architect.
46
Department of Social Welfare.
46
SEC. 213. Section 12040 of the Government Code is
47
Social Welfare Board.
47
amended to read:
48
Department of Mental Hygiene.
48
12040. There is in the state government the Governor's
49
Board of Pilot Commissioners for the Bays of San Fran-
49 Council. It consists of the following:
50 cisco, San Pablo and Suisun.
50
(1) Director of Agriculture
51
Board of Pilot Commissioners for Humboldt Bay and Bar.
51
(2) Director of Alcoholic Beverage Control
52
Board of Pilot Commissioners for the Harbor of San Diego.
52
(3) Director of Corrections
- 62
- 63 -
1
(4) Director of the Disaster Office
1
(b) Any inspector or investigator regularly employed and
2
(5) Director of Education
2 paid as such in the office of a district attorney is a peace
3
(6) Director of Employment
8 officer.
4
(7) Director of Finance
4
The authority of any such peace officer extends to any place
5
(8) Director of Fish and Game
5 in the state:
6
(9) Director of Industrial Relations
6
(1) As to any public offense committed, or which there is
7
(10) Director of Mental Hygiene
7 probable cause to believe has been committed, within the
8
(11) Director of Motor Vehicles
8 county which employs him; or
9
(12) Director of Conservation
9
(2) Where he has the prior consent of the chief of police,
10
(13) Director of Parks and Recreation
10 or person authorized by him to give such consent, if the place
11
(14) Director of Professional and Vocational Standards
11 is within a city or of the sheriff, or person authorized by him
12 Consumer Affairs
12 to give such consent, if the place is within a county or
13
(15) Director of Public Health
13
(3) As to any public offense committed or which there is
14
(16) Director of Public Works
14 probable cause to believe has been committed in his presence,
15
(17) Director of Social Welfare
15 and with respect to which there is immediate danger to per-
16
(18) Director of Veterans Affairs
16 son or property, or of the escape of the perpetrator of such
17
(19) Director of Water Resources
17 offense.
18
(20) Director of the Youth Authority
18
(c) The Director of the Department of Alcoholic Beverage
19
(21) Adjutant General
19 Control and persons employed by such department for the en-
20
(22) Commissioner of the California Highway Patrol
20 forcement of the provisions of Division 9 (commencing with
21
(23) Director of General Services
21 Section 23000) of the Business and Professions Code are peace
22
(24) State Fire Marshal.
22 officers; provided, that the primary duty of any such peace
23
SEC. 214. Article 5 (commencing with Section 12050) of
23 officer shall be the enforcement of the laws relating to alcoholic
24 Chapter 1 of Part 2 of Division 3 of Title 2 of the Government
24 beverages, as that duty is set forth in Section 25755 of the
25 Code is repealed.
25 Business and Professions Code. Any such peace officer is
26
SEC. 215. Section 12804 of the *Government Code is
26 further authorized to enforce any penal provision of law while,
27
amended to read:
27 in the course of his employment, he is in, on, or about any
28
12804. The Youth and Adult Corrections Agency is hereby
28 premises licensed pursuant to the Alcoholic Beverage Control
29
renamed the Agriculture and Services Agency.
29 Act.
30
The Agriculture and Services Agency consists of the follow-
30
(d) The Chief and investigators of the Division of In-
31 ing: the Department of Agriculture; the Department of Com-
31 vestigation of the Department of Professional and Vocational
32 merce; the Department of General Services; the Department
32 Standards Consumer Affairs are peace officers; provided, that
33 of Veterans Affairs; the Department of Professional and Voca-
33 the primary duty of any such peace officer shall be the enforce-
34 tional Standards Consumer Affairs ; the Franchise Tax Board;
34 ment of the law as that duty is set forth in Section 160 of
35 the Public Employees' Retirement System; the Office of Con-
35 the Business and Professions Code.
36 sumer Counsel; the State Fire Marshal; and the State Teach-
36
(e) Members of the Wildlife Protection Branch of the De-
37 ers' Retirement System.
37 partment of Fish and Game deputized pursuant to Section
38
The Department of Corrections and the Department of the
38 856 of the Fish and Game Code, deputies appointed pursuant
39 Youth Authority are hereby transferred from the Youth and
39 to Section 851 of such code, and county fish and game wardens
40 Adult Corrections Agency to the Human Relations Agency.
40 appointed pursuant to Section 875 of such code are peace of-
41
SEC. 216. Section 830.3 of the Penal Code is amended to
41 ficers; provided, that the primary duty of deputized members
42 read:
42 of the Wildlife Protection Branch, and the exclusive duty, ex-
43
830.3. (a) The Deputy Director and the Assistant Direc-
43 cept as provided in Section 1509.7 of the Military and Veterans
44 tor of the Department of Justice, the Chief, Assistant Chief,
44 Code, of any other peace officer listed in this subdivision, shall
45 and special agents of the Bureau of Criminal Identification
45 be the enforcement of the provisions of the Fish and Game
46 and Investigation, the Chief, Assistant Chief, and narcotics
46 Code, as such duties are set forth in Sections 856, 851 and 878,
47 agents of the Bureau of Narcotic Enforcement, and such in-
47 respectively, of such code.
48 vestigators who are SO designated by the Attorney General,
48
(f) The State Forester and such employees or classes of
49 are peace officers.
49 employees of the Division of Forestry of the Department of
The authority of any such peace officer extends to any place
50 Conservation and voluntary fire wardens as are designated
50 51 in the state as to a public offense committed or which there is
51 by him pursuant to Section 4156 of the Public Resources
52 probable cause to believe has been committed within the state.
52 Code are peace officers; provided, that the primary duty of
- 65 -
- 64
1 fire department members other than arson investigators when
1 any such peace officer shall be the enforcement of the law as
2 acting as peace officers shall be the enforcement of laws re-
2 that duty is set forth in Section 4156 of such code.
3 lating to fire prevention and fire suppression. Notwithstanding
3 4 Vehicles designated in Section 1655 of the Vehicle Code are
(g) Officers and employees of the Department of Motor
4 the provisions of Section 171c, 171d, 12027, or 12031, members
5 officers; provided, that the primary duty of any such
5 of fire departments other than arson investigators are not peace
6 officers for purposes of such sections except when designated
6 peace peace officer shall be the enforcement of the law as that duty
7 as peace officers for such purposes by local ordinance or, if the
7 is set forth in Section 1655 of such code.
8 local agency is not authorized to act by ordinance, by resolu-
8 9 tigators of the California Horse Racing Board are peace
(h) The secretary, chief investigator, and racetrack inves-
9 tion.
10
(n) The Chief and such inspectors of the Bureau of Food
10 officers; provided, that the primary duty of any such peace 4
11 and Drug Inspections as are designated by him pursuant to
11 officer shall be the enforcement of the provisions of Chapter
12 subdivision (a) of Section 216 of the Health and Safety Code
12 (commencing with Section 19400) of Division 8 of the Business Sec-
13 are peace officers; provided, that the exclusive duty of any
13 and Professions Code and Chapter 10 (commencing with such
14 such peace officer shall be the enforcement of the law as that
14 tion 330) of Title 9 of Part 1 of the Penal Code. Any
15 duty is set forth in Section 216 of such code.
15 peace officer is further authorized to enforce any penal he pro- is
16
(o) Persons designated by a local agency as park rangers,
16 vision of law while, in the course of his employment,
17 and regularly employed and paid as such, are peace officers;
17 in, on, or about any horseracing enclosure licensed pursuant
18 provided, that the primary duty of any such peace officer shall
18 to the Horse Racing Law.
19 be the protection of park property and preservation of the
(i) Police officers of a regional park district, appointed or
20 peace therein. Notwithstanding the provisions of Section 171c,
20 Code, and officers and employees of the Department of Sec-
19 employed pursuant to Section 5561 of the Public Resources Parks
21 171d, 12027, or 12031, such park rangers are not peace officers
22 for purposes of such sections except when designated as peace
21 and Recreation designated by the director pursuant to the
22 tion 5008 of such code are peace officers; provided, that
23 officers for such purposes by local ordinance or, if the local
23 primary duty of any such peace officer shall be the enforcement 5561 and
24 agency is not authorized to act by ordinance, by resolution.
25
(p) The authority of any peace officer listed in subdivisions
24 25 of the law as such duties are set forth in Sections
26 (c) through (o), inclusive, extends to any place in the state;
26 5008, respectively, of such code.
(j) Members of the University of California police depart-
27 provided, that except as otherwise provided in this section,
27 ment appointed pursuant to Section 23501 of the Education of
28 Section 830.6, or Section 1509.7 of the Military and Veterans
28 Code are peace officers; provided, that the primary duty that any
29 Code, any such peace officer shall be deemed a peace officer
30 only for purposes of his primary duty, and shall not act as a
29 such peace officer shall be the enforcement of the law Code. as
31 peace officer in enforcing any other law except:
30 31 duty is set forth in Section 23501 of the Education
(k) Policemen of the San Francisco Port Authority such are
32
(1) When in pursuit of any offender or suspected offender;
32 officers; provided, that the primary duty of any to
33
or
33 peace officer shall be the enforcement of the laws relating in Part 1
34
(2) To make arrests for crimes committed, or which there
34 peace the San Francisco Harbor, as that duty is set forth Harbors
35 is probable cause to believe have been committed, in his pres-
36 ence while he is in the course of his employment; or
35 36 (commencing with Section 1690) of Division 6 of the
37
(3) When, while in uniform, such officer is requested, as
37 and Navigation Code.
38 fire marshals appointed pursuant to Section 13103 that of the
(l) The State Fire Marshal and assistant or deputy state the
38 a peace officer, to render such assistance as is appropriate
39 under the circumstances to the person making such request,
39 Health and Safety Code are peace officers; provided enforce-
40 or to act upon his complaint, in the event that no peace
41 officer otherwise authorized to act in such circumstances is
40 primary duty of any such peace officer shall be the 13104
42 apparently and immediately available and capable of render-
41 42 ment of the law as that duty is set forth in Section
43 ing such assistance or taking such action.
43 of such code.
Members of an arson-investigating unit, regularly em- the
44
SEC. 217. Section 1 of the act cited in the title is amended
44 45 (m) and paid as such, of a fire protection agency of of fire
45 to read:
46 ployed of county, city, or district, and members a
46 Section 1. A self-sustaining Board of Osteopathic Exam-
47 such, are peace officers; provided, that the primary
state, department a of a local agency regularly paid and employed duty
47 iners to consist of five members and to be known as the "Board
48 of Osteopathic Examiners of the State of California" is
48 49 as of arson investigators shall be the detection and apprehension of having
49 hereby created and established. The Governor shall appoint
50 the members of the board, each of whom shall have been a
50 of who have violated or who are suspected as
51 citizen of this state for at least five years next preceding his
51 52 vided in Section 1509.7 of the Military and Veterans
violated persons any fire law, and the exclusive duty, except Code, pro- of
52 appointment. Each of the members shall be appointed from
- 66 -
- 67
1 among persons who are graduates of osteopathic schools who
2 hold unrevoked licenses or certificates to practice in this state.
1
The office of the board shall be in the City of Sacramento.
3 The Governor shall fill by appointment all vacancies on the
2 Suboffices may be established in Los Angeles and San Fran-
4 board. The term of office of each member shall be three years;
3 cisco and such records as may be necessary may be transferred
5 provided, that of the first board appointed, one shall be ap-
4 temporarily to such suboffices. Legal proceedings against the
6 pointed for one year, two for two years, and two for three
5 board may be instituted in any one of said three cities.
7 years, and that thereafter all appointments shall be for three
6
The board may from time to time adopt such rules as may
8 years, except that appointments to fill vacancies shall be for
7 be necessary to enable it to carry into effect the provisions of
9 the unexpired term only. The Governor shall have power to
8 this act. It shall require the affirmative vote of three members
10 remove from office any member of the board for neglect of
9 of said board to carry any motion or resolution, to adopt any
11 duty, for incompetency, or for unprofessional conduct. Each
10 rules, pass any measure or to authorize. the issuance or the
12 member of the board shall, before entering upon the duties of
11 revocation of any certificate. Any member of the board may
13 his office, take the constitutional oath of office. All fees col-
12 administer oaths in all matters pertaining to the duties of the
14 lected on behalf of the Board of Osteopathic Examiners and
13 board and the board shall have authority to take evidence in
15 all receipts of every kind and nature, shall be reported at the
14 any matter cognizable by it. The board shall keep an official
16 beginning of each month for the month preceding, to the State
15 record of its proceedings, a part of which record shall consist
17 Controller and at the same time the entire amount must be
16 of a register of all applicants for certificates under this act
18 paid into the State Treasury and shall be credited to a fund
17 together with the action of the board upon each application.
19 to be known as the Board of Osteopathic Examiners Con-
18
The board shall have the power to employ legal counsel to
20 tingent Fund, which fund is hereby created. Such contingent
19 advise and assist it in connection with all matters cognizable
21 fund shall be for the use of the Board of Osteopathic Exam-
20 by the board or in connection with any litigation or legal pro-
22 iners and out of it and not otherwise shall be paid all expenses
21 ceedings instituted by or against said board and may also em-
23 of the board. Each member of the board shall receive a per
22 ploy inspectors, special agents and investigators, and such
24 diem and expenses as provided in Section 103, provided the
23 clerical assistance as it may deem necessary to carry into
25 fees and other receipts of the board are sufficient to meet this
24 effect the provisions of this act. The board may fix the compen-
26 expense.
25 sation to be paid for such services and may incur such other
28 27 within 30 days after this act takes effect. The board shall be
The Governor shall appoint the members of said board
26 expense as it may deem necessary; provided, however, that all
27 of such expense shall be payable only from the said fund here-
29 organized within 60 days after the appointment of its mem-
28 inbefore provided for and to be known as the Board of Osteo-
30 bers by the Governor by electing from its number a presi-
29 pathic Examiners Contingent Fund.
31 dent, vice president and a secretary who shall also be the
30
Every applicant for any form of certificate shall pay to the
32 treasurer, who shall hold their respective positions during the
31 secretary-treasurer of the board the fees prescribed by law.
33 pleasure of the board. The board shall hold one meeting, an-
32 Every licentiate, or certificate holder, subject to the jurisdic-
34 nually beginning on the second Tuesday in January in the
33 tion of this board, shall on or before the first day of January
35 City of Sacramento with power of adjournment from time to
34 of each year pay to the secretary-treasurer the annual tax and
36 time until its business is concluded. Special meetings of the
35 registration fee prescribed by law.
37 board may be held at such time and place as the board may
38 designate. Notice of each regular or special meeting shall be
39 given twice a week for two weeks next preceding each meet-
40 ing in one daily paper published in the City of San Francisco,
41 one published in the City of Sacramento, and one published in
42 the City of Los Angeles which notice shall also specify the
43 time and place of holding the examination of applicants. The
44 secretary of the board upon an authorization from the presi-
45 dent of the board, or the chairman of the committee may call
0
46 meetings of any duly appointed committee of the board at a
47 specified time and place and it shall not be necessary to adver-
48 tise such committee meetings. The board shall receive through
49 its secretary applications for certificates to be issued by said
50 board and shall, on or before the first day of January in each
51 year transmit to the Governor a full report of all its proceed-
52 ings together with a report of its receipts and disbursements.
HEALTH
REORGANIZATION MESSAGE
of
RONALD REAGAN
Governor of California
THE STATE THE STATE
THE
OF
CALIFORNIA
Transmitted to the
CALIFORNIA LEGISLATURE
Wednesday, March 4, 1970
Governor's Message on New Department of Health
stantial increases in daily hospital charges-and
There is considerable evidence that the traditional con-
as taxpayers-Medi-Cal now costs more than $1
billion a year in federal, state and local California
epts of health and health care service are no longer ap-
dollars.
propriate.
Rapid advances in technology and science, the develop-
6. The ratio of paramedical personnel to physicians is
nent of increasingly complex equipment and procedures,
increasing significantly. Since the turn of the cen-
the growing demands for more and better health services
tury, the ratio has changed from one-to-one to
twelve-to-one.
-all of these are substantially modifying yesterday's
nethods of providing medical care.
7. There is growing interest in the development of
If the State of California is to be not only responsive
easily accessible neighborhood health centers, some-
also a leader in the area of health and health care, it
times associated with a larger facility, to meet the
nust consider these major trends-some of which have
need for ambulatory medical care.
ignificant organizational implications:
8. Systems to cover the costs of medical care, including
1. There is, and will continue to be, an increasing de-
both private health insurance and public medical
mand for personal health services.
care programs, are serving an increasingly large
percentage of the population.
2. Rapid changes are occurring in both the science
and technology of medical care, resulting in new
9. There is a growing interrelationship and interde-
and more sophisticated equipment, facilities, techni-
pendency between health services and social services.
cal procedures, and types of medical and paramedi-
10. There is a trend toward the expansion of commu-
cal manpower.
nity-based health programs.
3. Specialization is continuing to increase.
11. As evidence of environmental deterioration accu-
4. Growing numbers of physicians are organizing into
mulates, the public is becoming increasingly moti-
some form of combined medical practice, varying
vated to take corrective action.
from informal relationships of individual practi-
12. Planning for health is moving away from a cate-
tioners to formal incorporated groups.
gorical disease control approach to a comprehensive
5. The health industry is experiencing an enormous
health planning approach.
growth. In fiscal year 1969, expenditures for health
in the United States approached $60 billion.
From even a brief review of these trends, it is apparent
that the entire field of health is undergoing major changes.
This represents 6.7 percent of the gross national
One consequence of these changes is that public jurisdic-
product. We spend a greater portion of our national
tions have had to modify their roles significantly and,
resources on health care than does any other nation
consequently, their health organizations and programs.
and this figure is expected to rise to $85 billion by
Over the past years, a vast array of new health pro-
1975. Since 1966, the cost of health care has been
grams and approaches have been spawned. In most cases,
climbing at an annual national average of 7 per-
these have not emerged as integral parts of a rational
cent and yet, because of inadequacies and ineffici-
system; rather, they have been limited efforts to deal with
encies in the present system, there is a serious ques-
specific problems often reflecting little appreciation of
tion as to whether we are receiving proportionate
the impact on other health programs and services.
increased benefits for the increased expenditures.
State departments responsible for carrying out the pro-
We feel these increases both as consumers-in
grams have attempted to adapt themselves to the numer-
steadily rising health insurance premiums and sub-
ous changes. Despite the departments' best efforts, how-
3
ever, the State now finds that its organization of health
In an effort to meet these goals-to meet the health
programs is seriously deficient. In some cases, such as
needs of the public and to stay ahead of future trends—
mental retardation and alcoholism, it is difficult to estab-
I am submitting this Reorganization Plan.
lish accountability for program results because of frag-
NEW DEPARTMENT OF HEALTH
mentation of program responsibility. In other cases, such
as licensing of health facilities, there is a lack of consist-
I am establishing a new Department of Health in the
ency in setting and enforcing standards, public confusion
Human Relations Agency. It will be responsible for ad-
concerning requirements, and duplication of effort.
ministering most of the State's health programs. In ad-
Most important, the State lacks an adequate mechanism
dition, it will include certain other programs which, be-
for assessing total health needs, establishing goals and
cause of their close relationship to health, can achieve
priorities, and allocating resources effectively.
better results as part of a Department of Health.
I do not intend to consolidate all health and health-
related activities into a single department. For example,
SPECIFIC GOALS
I see no advantage in transferring into a health organiza-
The State of California, in its laws relating to health,
tion the health related activities of the Air Resources
has indicated a broad legislative intent regarding "pres-
Board-such as monitoring air pollution. These medical
ervation of the public health and safety". To carry out
functions are an integral part of the basic program of
this intent, the State should adopt the following specific
those departments.
health goals and move aggressively to achieve them:
Specifically, I propose to include in this new depart-
ment, all of the functions of the existing Departments of
1. Identify health needs and develop programs to meet
Health Care Services, Mental Hygiene, and Public Health.
them, giving consideration to relative priorities and
In addition, the two Neuropsychiatric Institutes, respon-
effectiveness.
sible for teaching and research in the field of psychiatry,
2. Promote an environment that will contribute to hu-
will be transferred to the University of California. I also
man health and well-being.
intend to transfer to the Department of Health, the fol-
lowing functions from existing departments:
3. Assure the availability of comprehensive health serv-
ices for all Californians, utilizing both public and
Ten healing arts licensing boards from Professional
and Vocational Standards; certain health-related func-
private health resources.
tions from Social Welfare; and the alcoholism program
4. Assure that quality standards for health programs
from Rehabilitation.
and services are established and maintained.
What will these changes in the organization of State
5. Assist in coordinating the activities of health agen-
health programs mean to the citizens of California? We
cies-State and local, public and private-along with
expect the new Department of Health to play a major
medical schools, hospitals, and private practitioners,
role in two areas of vital importance to all of us, namely,
in providing health services.
finding ways to curb the rapidly rising costs of medical
6. Promote the development of new knowledge on the
care and encouraging changes in the health care delivery
causes and cures of illness and on the means of de-
system that will make it more efficient, effective, econom-
livering health services to the public.
ical, and more available to all Californians.
MEDI-CAL
7. Help all the State's citizens to understand the es-
sentials of positive personal health and the effective
One of the responsibilities of the new Department of
use of available health services.
Health will be to administer the Medi-Cal program. As
5
4
the largest single purchaser of medical care in California,
and to insure that facilities and services are placed where
the State has an opportunity to write into its agreements
the needs are greatest.
with the providers of service certain provisions that will
While much of our concern with health services re-
help to cut medical costs. I fully support the idea of pri-
volves around the mounting cost, we are also concerned
vate health insurance. I am convinced, however, that the
about the need to make services more available and ac-
providers of medical care must be encouraged to develop
cessible to the public. The fragmentation of health serv-
less costly alternative forms of care. It is our intent to
ices has created serious difficulties for the consumer. Even
use our Medi-Cal purchasing power to encourage the de-
a cursory review of directories of health and welfare serv-
velopment of more appropriate and economical health
ices available in medium-sized California counties reveals
services, to the ultimate benefit of all Californians.
that a person seeking assistance is confronted by a con-
fusing array of public and voluntary agencies. As a re-
HEALTH MANPOWER
sult, he finds himself being shuffled from one agency to
the next during the course of what, for him, should be
One of the other reasons for the rapidly rising costs of
a continuum of care linking together preventive, diagnos-
medical care is the shortage of health manpower. When
tic, treatment, and rehabilitative services. The result in
Congress passed legislation creating the Medicare and
all too many instances is that coordination is left to the
Medicaid programs, it had the effect of increasing sub-
consumer.
stantially the effective demand for medical care without
This fragmentation of services at the local level results,
providing for a comparable increase in the supply of health
in part, at least, from the failure to coordinate these serv-
manpower. While the State of California has done a great
ices at the State level. There is nothing in this Plan that
deal to train, and to encourage the private sector to train,
requires local agencies to reorganize their health and re-
persons for health professions we must intensify our ef-
lated services. We are hopeful, however, that improved
forts in this area.
coordination at the State level will encourage local agen-
I expect the new Department of Health to assume a
cies to integrate their services in such a way that they are
leadership role in assessing the expanding need for health
easier for the consumer to use. It is doubtful whether such
manpower, in stimulating both public and private train-
changes at the local delivery level will occur until the State
ing institutions to meet the need, and in achieving the
puts its own house in order.
optimum utilization of physicians and ancillary medical
In discussing some of the problems related to the pres-
personnel.
ent health care delivery system, I do not want to leave
the impression that I am overly critical of the medical
COMPREHENSIVE HEALTH PLANNING
profession. Forward-looking physicians and hospital ad-
ministrators share our concern about rising costs and in-
Much of the growth in the health industry has been
efficiencies within the system. Our best chance of finding
uncoordinated and wasteful of scarce health resources.
viable answers to these problems is through a cooperative
Hospitals feel that they must provide all the latest and
effort in which the State and the private sector, working
most sophisticated treatments, despite the cost or need.
as partners, tackle these difficult and complex problems.
In some cases, for example, this has resulted in the in-
stallation of expensive radiation therapy equipment or
ADVISORY HEALTH COUNCIL
cardiac services in several hospitals in a given area when
one such installation would be enough to meet the need.
In carrying out his responsibilities, the Director of the
I expect the new Department of Health, through its com-
Department of Health will be assisted in formulating pol-
prehensive health planning, to work cooperatively with
icies and programs by a new Advisory Health Council.
public and private providers of health services to identify
The State Board of Public Health, the Health Review and
and thereby avoid wasteful duplication of costly services
Program Council and the Health Planning Council will
be phased out which will allow the new Council to assume
6
7
these new functions in an orderly way. Representation of
various groups on the Advisory Health Council will be
basically the same as that which now exists for the Health
Planning Council.
In the past, some of the steps that we are now preparing
to take in creating a Department of Health have been un-
available to us because of the single state agency require-
ment imposed as a condition of Federal funding. How-
ever, this requirement has been made more flexible as a
result of passage by Congress in 1968 of the Intergovern-
mental Cooperation Act. We have been assured by rep-
resentatives of the Federal Department of Health, Edu-
cation, and Welfare that their policy is to assist states in
moving toward more efficient and effective organizational
arrangements, and that they will be receptive to waivers
of "single state agency" requirements that may presently
impede such reforms.
SUMMARY
Establishment of a Department of Health is not a pan-
acea for all the State's problems related to health. It will,
however, improve substantially our ability to solve these
problems. It will permit us to do a more effective job of
evaluating total health needs and developing programs
to meet them. It will stimulate the setting of goals and
priorities and the rational allocation of resources. It will
provide an organization capable of assuming leadership
in such areas as health manpower and comprehensive
health planning. It will permit the consolidation or co-
ordination of programs that are now fragmented. It will
enable us to fix responsibility and accountability for pro-
gram results. It will foster the coordination of health and
social services at both the State and local level, with a
consequent improvement in service to the public. And it
will provide an atmosphere that encourages innovation in
such fields as the health care delivery system.
The State has a vital role to play in meeting the health
needs of the people of California. Creation of a Depart-
ment of Health is an essential first step if the State is to
fulfill this role. I urge your support of the Plan.
Ronald Governor Reagan
80063D-401 3-70 1M
REORGANIZATION OF THE EXECUTIVE BRANCH
OF CALIFORNIA STATE GOVERNMENT
Reorganization Plan No. 1 of 1969
March 5, 1969
HON. ED REINECKE, President
and Members of the Senate
HON. BoB MONAGAN, Speaker
and Members of the Assembly
Pursuant to Section 12080.2 of the Government Code, I
hereby transmit Reorganization Plan No. 1 of 1969.
Respectfully,
Ronald Reagan
RONALD REAGAN
Governor
REORGANIZATION PLAN NO. 1 OF 1969
CONTENTS
Page
Governor's Message
5
Reorganization Actions
7
General Provisions
25
Transfer of Employees
25
Transfer of Property
26
Transfer of Funds
26
Termination of Agencies Abolished
27
2-78499
- 3 -
GOVERNOR'S MESSAGE
In accordance with Section 12080.2 of the Gov-
ernment Code, I am submitting Reorganization
Plan No. 1 of 1969 for review by the Legislature.
It is also being reviewed by the Commission on
California State Government Organization and
Economy. I have found each reorganization ac-
tion included in this Plan to be in the public
interest.
The actions proposed in this Plan will increase
efficiency, save the taxpayers money, eliminate
unnecessary units of the Executive Branch, and
consolidate like functions to increase coordination
and decrease overlap and duplication.
This is by no means all of the reorganizations
I am proposing. In my message of March 5, 1969,
I outlined this and several other major and nec-
essary changes. This Plan is an important ele-
ment in the continuing process of updating our
State Government. With your support I am sure
this Plan will prove to be a constructive first step
in modernizing the maze of boards and commis-
sions we find in State Government.
(5)
- 7 -
REORGANIZATION ACTIONS
1. The Program Advisory Committee to the Con-
sumer Counsel is eliminated. The statutory au-
thority providing for the creation of such a
committee is rescinded.
Explanatory Material:
The function of this Committee, program and policy
advice to the Consumer Counsel, is now being performed
voluntarily by the private sector at no expense to the
State. The statutory language authorizing the establish-
ment of this Committee by Executive Order is no longer
needed.
Statutes Suspended:
Government Code Section 12057
Statutory Amendments and Additions:
None
2. The United Spanish War Veterans Commission is
eliminated.
Explanatory Material:
This Commission of five members appointed by the
Governor was created in 1957 to assist in the maintenance
of California as an active unit of the National Encamp-
ment of the United Spanish War Veterans. Inasmuch as
funding was not provided in 1968-69, it is apparent that
State funding is no longer needed. Private organizations
can support this activity. This saves the General Fund
$3,600.
Statutes Suspended:
Chapter 4 (commencing with Section 1300) of Divi-
sion 6 of the Military and Veterans Code
Statutory Amendments and Additions:
None
3-78499
- 9 -
- 8 -
Statutes Suspended:
3. The Television Advisory Committee and the posi-
Chapter 2.8 (commencing with Section 8160) of Di-
tion of Television Coordinator are eliminated and
vision 1 of Title 2 of the Government Code
the functions, authorities and responsibilities
Statutory Amendments and Additions:
transferred to the Department of General Serv-
Government Code Sections 8160-8169.5 and 14657
ices.
Explanatory Material:
5. The statutory authority for the Governor to ap-
The Committee provides advice and guidance to the
point a Technical Advisory Committee to advise
Television Coordinator in the performance of his duties
the Director of Commerce is eliminated. The Cal-
as the primary coordinator of the activities of the various
public and nonprofit agencies concerned with television
ifornia World Trade Authority is renamed the
for educational purposes. It has been determined that the
California Industry and World Trade Commission
Coordinator's functions can be absorbed by the Depart-
and its membership is changed to fifteen mem-
ment of General Services with a resultant savings to the
bers appointed by and serving at the Governor's
General Fund of $50,322. Advice and guidance are neces-
sary in this field and will be obtained on an ad hoc basis
pleasure.
Explanatory Material:
at no expense to the State.
The Economic Development Agency has been consoli-
Statutes Suspended:
dated into the Department of Commerce and the technical
Article 8.5 (commencing with Section 8871) of Chap-
advisory functions needed can be provided by the Cali-
ter 6, Division 7, Part 2 of the Education Code
fornia Industry and World Trade Commission.
To carry out more accurately the purposes of the De-
Statutory Amendments and Additions:
partment of Commerce, the California World Trade Au-
Government Code Sections 14656, 14716, 14716.1,
thority should be renamed to the California Industry and
14716.2, and 14716.3
World Trade Commission. Fifteen members will provide
a broad perspective on the complex geographic, industrial,
4. The Capitol Building and Planning Commission
business and world trade activities of our State.
is eliminated and its functions, authorities and
Statutory Amendments and Additions:
responsibilities transferred to the Department of
Government Code Sections 8320, 8321, 8350-8353,
General Services.
8356-8360, 8370-8373, 8380-8387, and 8400-8402
Explanatory Material:
The primary functions of this Commission are to estab-
lish a master plan for the orderly development of future
State buildings in the Capitol area of the City of Sacra-
mento and the County of Sacramento and to formulate
and carry out a long-range master plan for improvement
of the Capitol Mall. These functions can be absorbed by
the Department of General Services with advice and
counsel obtained when specific problems need resolution.
This will be on an ad hoc basis at no expenses to the
State with a resultant savings to the General Fund of
$2,250.
- 10 -
- 11 -
6. The Districts Securities Commission is eliminated
It has been determined that the Resources Agency can
and its functions, authorities and responsibilities
absorb the functions of this Office with a resultant savings
transferred to the Department of Corporations.
to the General Fund of $45,988.
Explanatory Material:
Statutes Suspended:
This Commission regulates some long-term debts of cer-
Health and Safety Code Section 25730.
tain water districts as described in the Water Code. These
are primarily irrigation districts, water districts and water
Statutory Amendments and Additions:
storage districts; there are approximately 265 such dis-
Health and Safety Code Sections 25730, 25730.2,
tricts. However some 2,000 more districts apparently have
25731-25739, 25771, 25805, 25810, and 25812.
the choice of whether to have their bonds certified by this
Commission and have not found this to be necessary or
8. The Departmental Coordinating Committee on
desirable. Examples of such districts are drainage dis-
Atomic Energy Development and Radiation Pro-
tricts, public utility districts and reclamation districts.
tection is eliminated.
The general financial activities of the Department of
Corporations are very similar to those performed by the
Explanatory Material:
Commission in a specialized field.
This Committee is composed of the heads of various
The Department of Corporations can absorb the activi-
State agencies with the function of coordinating the pro-
ties of the Districts Securities Commission without in-
grams and activities of such agencies in matters pertaining
creasing its budget. This will permit lowering the fees
to atomic energy development and radiation protection.
charged the various water districts by the Commission.
The Committee has not met for several years and has
These savings can be passed on to the consumer.
accomplished the function it was intended to perform. It
Statutes Suspended:
is no longer needed. Any coordination needed in the fu-
ture will be obtained through the Governor's Cabinet.
Water Code Sections 20015-20023.
Statutes Suspended:
Statutory Amendments and Additions:
Article 5 (commencing with Section 25750) of Chap-
Water Code Sections 20000, 20001, 20003, 20004,
ter 7.5 of Division 20 of the Health and Safety Code
20024-20033, 20040-20048, 20051-20053, 20061,
20080-20087, 20100-20104, and 20106.
Statutory Amendments and Additions:
None
7. The Office of Atomic Energy Development and
Radiation Protection is eliminated and its func-
9. The Advisory Council on Atomic Energy Develop-
tions, authorities and responsibilities transferred
ment and Radiation Protection is eliminated.
to the Resources Agency.
Explanatory Material:
Explanatory Material:
This Council was established to evaluate the programs
This Office performs liaison and coordination between
of the various State agencies and to make recommenda-
the State of California, the Federal Government and other
tions to the Governor regarding State policy in the field
states relating to nuclear energy development. The radia-
of atomic energy development and radiation protection.
tion protection functions of this Office are now performed
in the Department of Public Health.
- 12 -
is
The Council has been relatively inactive and it is un-
Walker Rivers. Upon completion of ratification by the
necessary to continue it on a statutory basis. If evaluation
two states and the Congress, the Commission will have
and policy recommendations become necessary, they can
no further function. There is ample time between now
be obtained on an ad hoc basis at no cost to the State.
and January 1, 1971, to accomplish these actions. There
The expenditures of this Council have been part of the
will be a resultant savings to the General Fund of $15,-
budget appropriation for the Office of Nuclear Energy and
600.
are included in the projected $45,988 saving brought about
Statutes Suspended:
by elimination of that Office.
Chapter 2.6 (commencing with Section 8130) of Di-
Statutes Suspended:
vision 1 of Title 2 of the Government Code
Article 6 (commencing with Section 25760) of Chap-
Statutory Amendments and Additions:
ter 7.5 of Division 20 of the Health and Safety Code
None
Statutory Amendments and Additions:
None
12. The Goose Lake Compact Commission is elimi-
nated effective when the compact has been rati-
10. The Colorado River Boundary Commission is
fied by the Congress of the United States or
eliminated.
January 1, 1971, whichever occurs earlier.
Explanatory Material:
Explanatory Material:
As the result of the work of this Commission a common
boundary line with respect to the Colorado River has
This Commission has negotiated with a similar Oregon
commission and with the Federal Government to estab-
been established between California and Arizona and a
compact ratified by both states and the Congress of the
lish an interstate compact to protect water use and dis-
tribution of the water resources of the Goose Lake Basin.
United States. This completes the primary objective of
the Commission, and it is no longer necessary.
Upon completion of ratification by both states and the
Congress, the Commission will have no further function.
Statutes Suspended:
There is ample time between now and January 1, 1971, to
Chapter 1693 of the Statutes of 1953
accomplish this.
Statutory Amendments and Additions:
Statutes Suspended:
None
Chapter 31 (commencing with Section 8220) of Di-
vision 1 of Title 2 of the Government Code
11. The California-Nevada Interstate Compact Com-
Statutory Amendments and Additions:
mission is eliminated effective when the compact
None
has been ratified by the Congress of the United
States or January 1, 1971, whichever occurs
13. The Governor's Council is eliminated.
earlier.
Explanatory Material:
Explanatory Material:
The Governor's Council has grown SO large and cum-
This Commission has negotiated an interstate compact
bersome with its present membership of sixty-one that it
with Nevada relative to the distribution and use of the
is no longer an effective management tool.
waters of Lake Tahoe and the Truckee, Carson and
- 14 -
- 15 -
The Governor has established a working Cabinet which
15. The Board of Pilot Commissioners for Humboldt
serves the purposes for which the Governor's Council was
established many years ago. While there is no direct ap-
Bay and Bar is eliminated effective January 1,
propriation to the Council a great amount of valuable
1971.
top-level time will be put to more productive use by elim-
Explanatory Material:
inating the Council.
This Board licenses pilots who operate vessels on Hum-
boldt Bay. This Board is self-supporting.
Statutes Suspended:
These are not State functions and should be performed
Government Code Sections 12040 and 12041
at the local level. The January 1, 1971, date provides
Statutory Amendments and Additions:
ample time for local assumption of responsibility.
None
Statutes Suspended:
Division 5 (commencing with Section 1100) of the
14. The Board of Pilot Commissioners and the Pilot-
Harbors and Navigation Code
age Rate Committee, for the Bays of San Fran-
Statutory Amendments and Additions:
cisco, San Pablo and Suisun are eliminated ef-
None
fective January 1, 1971.
Explanatory Material:
16. The Board of Pilot Commissioners for the Har-
The Board of Pilot Commissioners licenses persons
bor of San Diego is eliminated effective January
qualified to pilot vessels on San Francisco, San Pablo, and
Suisun Bays. The Pilotage Rate Committee recommends
1, 1971.
pilotage rates to the Legislature.
Explanatory Material:
The 1969-70 proposed expenditures for the purposes of
This Board licenses pilots who operate vessels on San
the Board and the Committee are $27,472 from the Pilot
Diego Bay and establishes a fair price for their services.
Commissioner's Special Fund.
There are four bar pilots currently licensed to assist ves-
These are functions which should be handled at the
sels on this bay.
local level and are not appropriate State activities. Ample
The General Fund provides $1,200 per year for support
time for local assumption of responsibility is provided by
of this Board.
making elimination effective January 1, 1971.
These are not State functions and should be performed
at the local level. The January 1, 1971, date provides
Statutes Suspended:
ample time for local assumption of responsibility.
Division 5 (commencing with Section 1100) of the
Harbors and Navigation Code
Statutes Suspended:
Division 5 (commencing with Section 1100) of the
Statutory Amendments and Additions:
Harbors and Navigation Code
None
Statutory Amendments and Additions:
None
- 16 -
- 17 -
17. The Board of Harbor Commissioners for Hum-
Statutes Suspended:
boldt Bay is eliminated effective January 1, 1971.
Government Code Section 53093, Article 10 (com-
Explanatory Material:
mencing with Section 65020) of Chapter 1.5 of Title
7 of the Government Code
This Board is responsible for keeping records of the
activities on Humboldt Bay and Eureka Harbor and for
Statutory Amendments and Additions:
liaison with the U.S. Army Corps of Engineers who pro-
Government Code Sections 34207 and 65013.3
vide maintenance of the navigable channels. The General
Harbors and Navigation Code Section 3000.7
Fund provides $2,940 for the support. of this Board.
These are not State functions and should be performed
19. The State Soil Conservation Advisory Board is
at the local level. The January 1, 1971, date provides
eliminated.
ample time for local assumption of responsibility.
Explanatory Material:
Statutes Suspended:
This Board assists and advises the State Soil Conserva-
Part 3 (commencing with Section 3800) of Division
tion Commission. The members of the Board are available
6 of the Harbors and Navigation Code
for consultation whenever the Commission wishes and need
not be statutorily established as a formal State board.
Statutory Amendments and Additions:
None
Statutes Suspended:
Public Resources Code Section 9066
18. The Planning Advisory Committee is eliminated,
Statutory Amendments and Additions:
its appellate functions related to zoning ordi-
None
nances are deleted, its local planning assistance
functions, authorities and responsibilities trans-
20. The Public Library Development Board is elimi-
nated.
ferred to the Council on Intergovernmental Rela-
Explanatory Material:
tions, and its other functions, authorities and re-
The Public Library Services Act, Chapter 1802, Statutes
sponsibilities transferred to the State Planning
of 1963, provided for the improvement of locally financed
Officer.
free public libraries throughout the State by means of in-
Explanatory Material:
centive grants to public library systems. This is an annual
This Committee has provided guidance to the State
grant of State funds of $800,000 at the present level. Ap-
Office of Planning with primary emphasis on the local
proximately three-quarters goes out to the local libraries on
planning assistance program. The Governor's Reorganiza-
a per capita basis, and the remaining quarter is granted to
tion Plan No. 1 of 1968 transferred the local planning
help develop library systems. The program is administered
functions of the State Office of Planning to the Council
by the State Librarian with the advice of this Board.
on Intergovernmental Relations. Advice and guidance
In the early stages of developing this program, it was
relative to the local planning assistance program is now
valuable to have the Board to reconcile various conflicting
being provided by the Council. Therefore, the Planning
interests. However, the program is now stabilized and
Advisory Committee is no longer needed.
three-quarters of the grant is on a fixed formula basis. The
The Planning Advisory Committee, when active, re-
quired approximately $7,000 support from the General
Fund. Its functions are being performed elsewhere, and
this money is not requested in the Governor's Budget.
- 19 -
- 18 -
remainder can be administered by the State Librarian
22. The State Manpower Advisory Committee is elim-
without the necessity for a statutory board. In the event
inated.
advice is needed it can be obtained on an ad hoc basis
Explanatory Material:
with no expense to the State.
This Committee is composed of certain members of the
This Board has served its purpose and should be elimi-
Commission on Manpower, Automation and Technology
nated. There will be a resultant savings to the General
representing statutorily designated fields. The Commit-
Fund of approximately $400 per year.
tee's function is to cooperate with and assist the National
Manpower Advisory Committee. The responsibilities of the
Statutes Suspended:
new Human Resources Development Department and the
Education Code Sections 27115-27116.3
Job Training and Development Services Advisory Board
Statutory Amendments and Additions:
cover the major problems which have been the concern of
this Committee. The new department and its Board will,
None
of course, cooperate with any unit of the Federal Gov-
21. The Commission on Manpower, Automation and
ernment whenever this is necessary and desirable. There-
fore the Committee is no longer needed.
Technology is eliminated.
Statutes Suspended:
Explanatory Material:
Division 1.5 (commencing with Section 160) of the
This Commission has been inactive and has received no
Labor Code
funds in the last two years. In 1966-67 the Department
of Employment Contingent Fund provided $19,852 for the
Statutory Amendments and Additions:
Commission. Since there has been no demonstrated need
Unemployment Insurance Code Section 10104
for its continuance, and it has been inactive for two years,
the Commission should not remain as a statutory unit of
23. The Advisory Hospital Council is eliminated and
State Government. The responsibilities of the new Human
its functions, authorities and responsibilities
Resources Development Department and the Job Training
and Development Services Advisory Board cover the
transferred to the Health Planning Council.
major areas of concern in the field formerly assigned to
Explanatory Material:
this Commission.
The Advisory Hospital Council has primary responsi-
bility for allocation of Federal funds relative to hospital
Statutes Suspended:
construction. The Health Planning Council was created
Division 1.5 (commencing with Section 160) of the
to provide comprehensive State health planning in re-
Labor Code
sponse to enactment of Public Law 89-749; its responsi-
Statutory Amendments and Additions:
bilities are broader than those of the Advisory Hospital
Council. There is thus some overlap and duplication of
None
effort. The Health Planning Council can assume the func-
tions of the Advisory Hospital Council and therefore the
latter Council is no longer needed. There will be a result-
ant savings to the General Fund of $525.
- 20 -
- 21 -
Statutes Suspended:
Health and Safety Code Section 431.2
25. The Cannery Inspection Board is eliminated and
its functions, authorities and responsibilities
Statutory Amendments and Additions:
transferred to the Department of Public Health.
Health and Safety Code Section 431.6
Explanatory Material:
24. The State Advisory Council (Department of Em-
The function of this Board is to work with the Depart-
ployment) is eliminated and its functions, au-
ment of Public Health and the State Board of Public
thorities and responsibilities transferred to the
Health in protecting the public with respect to canned
foods. The Department and the State Board of Public
Job Training and Development Services Advisory
Health can assume this responsibility without the need
Board.
for a separate statutory board. If special expertise is
Explanatory Material:
needed, it can be obtained on an ad hoc basis at no ex-
This Council's function is to advise the Director of
pense to the State.
Employment on all matters pertaining to employment and
Statutes Suspended:
unemployment. In conformity with Chapter 1460 of 1968,
the Department of Employment will become part of the
Article 2 (commencing with Section 28380) of Chap-
new Human Resources Development Department at a
ter 8 of Division 21 of the Health and Safety Code,
date to be determined by the Administration but not
and Health and Safety Code Sections 28401 and
later than January 1, 1970. The Job Training and De-
28441.
velopment Services Advisory Board in the new depart-
Statutory Amendments and Additions:
ment has functions parallel to those of the State Ad-
visory Council. Therefore the Council is "no longer
Health and Safety Code Sections 28380-28385, 28400,
28402, 28403, and 28433
needed because the Job Training and Development Serv-
ices Advisory Board can assume its functions, and this
will eliminate duplication of effort and possible conflicts.
26. The Narcotic Rehabilitation Advisory Council is
The Unemployment Administration Fund provides $20,-
eliminated.
046 and the Unemployment Compensation Disability Fund
Explanatory Material:
$3,156 for support of this Council.
This Council's function is to act as an advisory group
in matters of narcotic rehabilitation with special refer-
Statutes Suspended:
ence to the California Rehabilitation Center. However,
Article 2 (commencing with Section 355) of Chapter
the new Inter-Agency Drug Abuse Council, formed under
2, Part 1, Division 1 of the Unemployment Insurance
the auspices of the California Medical Association, can
Code.
perform this function, and therefore the Narcotic Reha-
Statutory Amendments and Additions:
bilitation Advisory Council is no longer necessary.
Unemployment Insurance Code Sections 10105, 10106,
Statutes Suspended:
and 10107
Welfare and Institutions Code Section 3004
Statutory Amendments and Additions:
None
- 22 -
- 23 -
27. The Coordinating Council on Alcohol Problems is
29. The New Car Dealers Policy and Appeals Board
eliminated.
is eliminated.
Explanatory Material:
This Council, consisting of directors of State depart-
Explanatory Material:
ments or other State agencies, is assigned to review, assess,
This Board was established in 1967 by Chapter 1397.
and promote optional use of local, state and federal re-
The functions of this Board are to prescribe rules and
sources applicable to alcohol problems. The members are
regulations relating to licensing of new car dealers, to
available on call as needed, coordination is provided
hear and consider appeals from actions arising out of
through the Governor's Cabinet, and thus a formal statu-
the decisions by the Department of Motor Vehicles, and
tory Council is not needed. The cost to the General Fund
to consider any matter concerning the activities or prac-
has been approximately $500 per year.
tices of any person applying for or holding a license as
a new car dealer pursuant to specified laws. Judicial re-
Statutes Suspended:
views may be sought with respect to orders of this Board.
Health and Safety Code Section 427.8
The Board has met regularly during the past year and
Statutory Amendments and Additions:
has not taken actions giving evidence of the need for
continuance as a statutory formal State unit. Elimination
None
of this Board will save the Department of Motor Vehicles
28. The California Delinquency Prevention Commis-
$66,356.
sion is eliminated and its functions, authorities
Statutes Suspended:
and responsibilities transferred to the Governor's
Chapter 5 (commencing with Section 3000) of Di-
Advisory Committee on Children and Youth.
vision 2 of the Vehicle Code and Vehicle Code Section
11723
Explanatory Material:
Statutory Amendments and Additions:
The function of this Commission is the prevention or
reduction of delinquency among youths. The Governor's
None
Advisory Committee on Children and Youth is concerned
with all problems of children and youth and can assume
30. The Marine Research Committee is eliminated
the Commission's functions thereby removing the possi-
and its functions, authorities and responsibilities
bility of duplication and conflict.
transferred to the Fish and Game Commission.
There will be a resultant savings to the General Fund
Explanatory Material:
of $5,500.
The Fish and Game Commission can assume the respon-
Statutes Suspended:
sibilities of this Committee and thus there is no need for
None
continuing the Committee as a statutory entity.
Statutory Amendments and Additions:
Statutes Suspended:
Welfare and Institutions Code Section 1752.5
Article 2 (commencing with Section 725) of Chapter
1, Division 2 of the Fish and Game Code
Statutory Amendments and Additions:
Article 9 (commencing with Section 8085) is added to
Chapter 1 of Part 3 of Division 6 of the Fish and
Game Code and Section 222 of the Fish and Game
Code
- 24 -
GENERAL PROVISIONS
31. The Governor and Lieutenant Governor are re-
moved from the California Toll Bridge Authority
This Reorganizaion Plan is effective on the date specified by
and replaced with two public members appointed
Government Code Section 12080.5. The agencies, officers and
at the pleasure of the Governor.
employees affected by this Plan shall continue to perform their
existing functions for sixty days following the effective date
Explanatory Material:
of this Reorganization Plan and during this period shall plan
Attendance at the California Toll Bridge Authority
meetings represent a time-consuming addition to the Gov-
for the necessary changes. The reorganization changes herein
ernor's and Lieutenant Governor's duties, and, in many
provided shall take place on the sixty-first day after the ef-
cases, such meetings are necessary only because of the for-
fective date of this Plan except as otherwise provided in this
malities required in bond proceedings. The proposed re-
Plan.
organization would relieve these constitutional officers of
In addition to the description of the reorganization of var-
those duties while still retaining the stature of the Toll
Bridge Authority as a responsible body with bonding pow-
ious agencies in the Executive Branch of the State Govern-
ment, there is also set forth explanatory material, the statutes
ers.
There will be no resultant savings and no increase in
that are suspended (required by Government Code Sections
operating costs.
12080.2 and 12080.3(g)), and the statutes requiring amend-
Statutes Suspended:
ment. To facilitate understanding and reference, the explana-
None
tory material immediately follows the reorganization to which
it is applicable.
Statutory Amendments and Additions:
Streets and Highways Code Section 30050
TRANSFER OF EMPLOYEES
In accordance with Government Code Sections 12080.3 and
19370, all employees serving in the State civil service, other
than temporary employees, who are engaged in the perform-
ance of a function transferred to another agency, or engaged
in the administration of a law, the administration of which
is transferred to another agency by this Reorganization Plan,
are transferred to the agency to which such function or ad-
ministration is transferred. The personnel records of all trans-
ferred employees shall be transferred to the agency to which
the employee is transferred. The status, positions, and rights
of such persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil
Service Act, except as to positions the duties of which are
vested in a position exempt from civil service. If any doubt
arises as to where such employees are transferred, the Person-
nel Board shall determine where an employee is transferred.
(25)
- 26 -
- 27 -
Explanatory Material:
TERMINATION OF AGENCIES ABOLISHED
This provision is required by Government Code Section
12080.3(c) and (d).
The affairs of any agency abolished by this Reorganization
Plan shall be terminated as rapidly as possible. Such term-
TRANSFER OF PROPERTY
ination shall be the responsibility of the Governor's Cabinet.
The property of any agency affected by this reorganization
Explanatory Material:
is transferred to the agency to which the function or admin-
This provision is required by Government Code Section
istration has been tränsferred. If any doubt arises as to where
12080.3(f).
such property is transferred, the Department of General
Services shall determine where the property is transferred.
The property of any agency which is abolished shall be trans-
ferred to the Department of General Services.
Explanatory Material:
This provision is required by Government Code Section
12080.3(d).
TRANSFER OF FUNDS
All unexpended balances of appropriations and other funds
available for use in connection with any function or the ad-
ministration of any law transferred by this Reorganization
Plan shall be transferred to the agency to which the function
or administration has been transferred for use for the purpose
for which the appropriation was originally made or the funds
originally available. If there is any doubt as to where such
balances and funds are transferred, the Department of Fi-
nance shall determine where such balances and funds are
transferred. All unexpended balances of appropriations and
other funds for functions eliminated by this Reorganization
Plan shall revert to the fund from which appropriated as de-
termined by the Department of Finance.
Explanatory Material:
This provision is required by Government Code Section
12080.3(e).
printed in CALIFORNIA OFFICE OF STATE PRINTING
78499-C-401 Reprinted 3-69 1M
REORGANIZATION OF THE EXECUTIVE BRANCH
OF CALIFORNIA STATE GOVERNMENT
Reorganization Plan No. 2 of 1969
March 5, 1969
HON. ED REINECKE, President and
Members of the Senate
HON. BoB MONAGAN, Speaker and
Members of the Assembly
Pursuant to Section 12080.2 of the Government Code, I
hereby transmit Reorganization Plan No. 2 of 1969.
Respectfully,
Ronald Ragan
RONALD REAGAN
Governor
REORGANIZATION PLAN NO. 2 OF 1969
CONTENTS
Page
Governor's Message
5
Reorganization Actions
7
General Provisions
11
Transfer of Employees
11
Transfer of Property
12
Transfer of Funds
12
Termination of Agencies Abolished
12
GOVERNOR'S MESSAGE
In accordance with Section 12080.2 of the Gov-
ernment Code, I am submitting Reorganization
Plan No. 2 of 1969 for review by the Legislature.
It is also being reviewed by the Commission on
California State Government Organization and
Economy. I have found each reorganization action
included in this Plan to be in the public interest.
The actions proposed in this Plan will provide
a coordinated approach to harnessing and conserv-
ing the last great untapped resource of Califor-
nia-the ocean. This will assure the orderly
development and continuing administration of a
comprehensive coastal area plan to guide the many
decisions which affect the use of California's coast-
line.
This is by no means all of the reorganizations I
am proposing. In my message of March 5, 1969, I
outlined this and several other major and necessary
changes. This Plan is an important element in the
continuing process of updating our State Govern-
ment.
- 7 -
REORGANIZATION ACTIONS
1. The Name of the Department of Harbors and Wa-
tercraft is Changed to Department of Navigation
and Ocean Development and Its Primary Emphasis
Changed to Ocean-Oriented Activities.
Explanatory Material:
Several agencies are now concerned with ocean-oriented
activities without primary responsibility assigned to one
department. The last great untapped resource available
to the people of California is the ocean, and a coordinated
effort is needed to explore the conservation and economic
benefits available.
Statutes Suspended:
None
Statutory Amendments and Additions:
Government Code Sections 11557 and 12805; Harbors
and Navigation Code Sections 32, 33, 37, 50, 50.2, 80,
85, 85.2, 651; Penal Code Section 830.4
2. The Name of the Harbors and Watercraft Commis-
sion Is Changed to Navigation and Ocean Develop-
ment Commission and Membership Requirements
Shall Be Based Solely on Geographic Representa-
tion and Experience and Background Consistent
With the Function of the Commission.
Explanatory Materials:
This Commission will be advisory to the new Depart-
ment of Navigation and Ocean Development and the name
should reflect this. The primary requisite for membership
should be geographical location as related to major ocean-
ographic activities.
Statutes Suspended:
None
Statutory Amendments and Additions:
Harbors and Navigation Code Sections 31, 37, 50.2,
80, 80.2, 80.4, 85.2, 651
- 8 -
- 9 -
3. The Boat Registration and Transfer Functions, Au-
thorities and Responsibilities of the Department of
5. The Beach Erosion Control Functions, Authorities
Harbors and Watercraft Are Transferred to the
and Responsibilities of the Department of Water
Department of Motor Vehicles.
Resources are Transferred to the New Department
Explanatory Material:
of Navigation and Ocean Development.
The Department of Motor Vehicles can handle the boat
Explanatory Material:
registration and transfer functions. Instantaneous infor-
An integral part of ocean resource planning is the
mation will be available to the new Department of Naviga-
control of beach erosion. As a state with the greatest
tion and Ocean Development. Only one central file in the
beach resources in the world, California must have a co-
Department of Motor Vehicles will be necessary.
ordinated approach to this problem. Placing this function
in the new Department will provide such coordination.
Statutes Suspended:
Statutes Suspended:
Article 2 (commencing with Section 680), Article 3
(commencing with Section 700), Article 4 (commenc-
Article 5 (commencing with Section 330) of Divi-
ing with Section 750) of Chapter 5 of Division 3 of
sion 1 of Chapter 2.5 of the Water Code
the Harbors and Navigation Code
Statutory Amendments and Additions:
Statutory Amendments and Additions:
Add Harbors and Navigation Code provisions incor-
porating the Article listed above
Code of Civil Procedure Section 689(b), Uniform
Commercial Code Sections 9302 and 10102, add Vehi-
6. The Nonmineral Management Functions, Authori-
cle Code provisions incorporating the Articles listed
above
ties and Responsibilities of All State Tidelands and
Submerged Lands Lying Below Such Tidelands,
and Swamp and Overflow Lands Affected by Tides,
4. The Boating Facility Planning and Design Func-
Including Any Such Lands Granted to a Local
tions, Authorities and Responsibilities of the De-
Agency, Currently Within the Jurisdiction of the
partment of Parks and Recreation and the Office
State Lands Commission and the Division of State
of Architecture and Construction are Transferred
Lands Are Transferred to the New Department of
to the New Department of Navigation and Devel-
Navigation and Ocean Development.
opment.
Explanatory Material:
Explanatory Material:
Boating facility planning and design functions are now
The management of tidelands and submerged lands
handled in the Department of Harbors and Watercraft,
lying below such tidelands are an integral part of man-
the Department of Parks and Recreation and the Office
aging the total coastal ocean environment. The new
of Architecture and Construction. This change will con-
Department of Navigation and Ocean Development is the
solidate these functions within one department with the
primary agency to coordinate all State ocean-oriented
primary responsibility for harbor planning and ocean
activities and thus is given the responsibility for tidelands
resource development. This will be done without the
and submerged lands lying below such tidelands. The
necessity for additional funding.
responsibilities of other state agencies with regard to such
lands remains unchanged except they have been asked to
Statutes Suspended:
coordinate with the new Department of Navigation and
None
Ocean Development.
Statutes Suspended:
Statutory Amendments and Additions:
Chapter 4 (commencing with Section 6301) of Part 1
Harbors and Navigation Code Section 85.2, Water
of Division 6 of the Public Resources Code (to the
Code Section 11910
extent relating to tidelands and submerged lands
lying below such tidelands)
- 10 -
- 11 -
Statutory Amendments and Additions:
Public Resources Code Sections within Chapters 3
GENERAL PROVISIONS
(commencing with Section 6201) and 4 (commencing
with Section 6301) of Part 1, Chapter 1 (commencing
This Reorganization Plan is effective on the date specified
with Section 6501) of Part 2, Article 9 (commenc-
by Government Code Section 12080.5. The agencies, officers
ing with Section 7991) of Chapter 4 and Chapter 2
and employees affected by this Plan shall continue to perform
(commencing with Section 7501) of Part 3, of Divi-
their existing functions for sixty days following the effective
sion 6.
date of this Reorganization Plan and during this period shall
Session) (i.e., functions of the State Lands Commis-
Chapter 138 of Statutes of 1964 (First Extraordinary
plan for the necessary changes. The reorganization changes
sion with respect to Long Beach tidelands) Add Har-
herein provided shall take place on the sixty-first day after
bors and Navigation Code Sections to incorporate the
the effective date of this Plan except as otherwise provided
Public Resources Code provisions listed under Stat-
in this Plan.
utes Suspended
In addition to the description of the reorganization of vari-
ous agencies in the Executive Branch of the State Government,
there is also set forth explanatory material, the statutes that
are suspended (required by Government Code Sections 12080.2
and 12080.3(g)), and the statutes requiring amendment. To
facilitate understanding and reference, the explanatory mate-
rial immediately follows the reorganization to which it is
applicable.
TRANSFER OF EMPLOYEES
In accordance with Government Code Sections 12080.3 and
19370, all employees serving in the State civil service, other
than temporary employees, who are engaged in the perform-
ance of a function transferred to another agency, or engaged
in the administration of a law, the administration of which
is transferred to another agency by this Reorganization Plan,
are transferred to the agency to which such function or admin-
istration is transferred. The personnel records of all trans-
ferred employees shall be transferred to the agency to which
the employee is transferred. The status, positions, and rights
of such persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil
Service Act, except as to positions the duties of which are
vested in a position exempt from civil service. If any doubt
arises as to where such employees are transferred, the Person-
nel Board shall determine where an employee is transferred.
Explanatory Material:
This provision is required by Government Code Section
12080.3(c) and (d).
- 12 -
TRANSFER OF PROPERTY
The property of any agency affected by this reorganization
is transferred to the agency to which the function or adminis-
tration has been transferred. If any doubt arises as to where
such property is transferred, the Department of General Serv-
ices shall determine where the property is transferred. The
property of any agency which is abolished shall be transferred
to the Department of General Services.
Explanatory Material:
This provision is required by Government Code Section
12080.3(d).
TRANSFER OF FUNDS
All unexpended balances of appropriations and other funds
available for use in connection with any function or the admin-
istration of any law transferred by this Reorganization Plan
shall be transferred to the agency to which the function or
administration has been transferred for use for the purpose
for which the appropriation was originally made or the funds
originally available. If there is any doubt as to where such
balances and funds are transferred, the Department of Fi-
nance shall determine where such balances and funds are
transferred. All unexpended balances of appropriations and
other funds for functions eliminated by this Reorganization
Plan shall revert to the fund from which appropriated as
determined by the Department of Finance,
Explanatory Material:
This provision is required by Government Code Section
12080.3 (e).
TERMINATION OF AGENCIES ABOLISHED
The affairs of any agency abolished by this Reorganization
Plan shall be terminated as rapidly as possible. Such termina-
tion shall be the responsibility of the Governor's Cabinet.
Explanatory Material:
This provision is required by Government Code Section
12080.3(f).
O
printed in CALIFORNIA OFFICE OF STATE PRINTING
78512-401 3-69 1M
REORGANIZATION OF THE EXECUTIVE BRANCH
OF CALIFORNIA STATE GOVERNMENT
REORGANIZATION PLAN NO. 3 OF 1969
March 5, 1969
HON. ED REINECKE, President
and Members of the Senate
HON. BoB MONAGAN, Speaker
and Members of the Assembly
Pursuant to Section 12080.2 of the Government Code, I
hereby transmit Reorganization Plan No. 3 of 1969.
Respectfully,
Ronald Reagan
RONALD REAGAN
Governor
REORGANIZATION PLAN NO. 3 OF 1969
CONTENTS
Page
Governor's Message
5
Reorganization Actions
7
General Provisions
15
(3)
GOVERNOR'S MESSAGE
In accordance with Section 12080.2 of the Gov-
ernment Code, I am submitting Reorganization
Plan No. 3 of 1969 for review by the Legislature. It
is also being reviewed by the Commission on Cali-
fornia State Government Organization and Econ-
omy. This plan relates solely to the Department of
Professional and Vocational Standards. I have
found each reorganization action included in this
Plan to be in the public interest.
The actions proposed in this Plan will increase
efficiency, save the taxpayers money, provide more
effective management of the Executive Branch and
more particularly of the boards, bureaus, commit-
tees and commissions of the Department of Profes-
sional and Vocational Standards and will promote
the expeditious administration of the public busi-
ness.
This plan constitutes one of several important
changes in the continuing process of updating our
State Government. With your support I am certain
that this Plan will prove to be a constructive step in
streamlining and making more efficient the opera-
tion of the several boards, bureaus, committees and
commissions within the Department of Professional
and Vocational Standards.
(5)
2 I I
REORGANIZATION ACTIONS
1. The name of the Department of Professional and
Vocational Standards is changed to the Depart-
ment of Business and Professional Licensing.
Explanatory Material:
The name change is more descriptive of the functions
of the department and should help to solve the continuing
problem the public faces in attempting to identify the
appropriate agency.
Statutes Suspended:
None
Statutes Requiring Amendment:
Business and Professions Code Sections 23, 23.6, 24,
100, 102, 150, 205, 400, 401, 402, 403, 404, 405, 1601,
2100, 2701, 2841, 2920, 3010, 3148, 3151, 4000, 4006,
4800, 5000, 5510, 5620, 6500, 6710, 6851, 6860, 6901,
7000.5, 7136, 7200, 7301, 7311, 7501, 7510, 7513,
7544.22, 7581, 7601, 7608, 8000, 8501, 8520, 8702,
9001, 9007, 9015, 9530, 9801, 9907, 9908, 9920, 9996,
17500.1, 17806, 18620, 19004, 19030, 19031.
Government Code Sections 11200, 11501, 11557,
12040.
2. The Director, or a Deputy Director designated by
him, shall be entitled to attend all meetings, in-
cluding executive sessions, of the boards, bureaus,
committees and commissions within the depart-
ment and shall receive timely notice of such meet-
ings. The department representative shall not be
entitled to vote on any matter and shall not be
counted for quorum purposes.
Explanatory Material:
The attendance of the Director or his Deputy at meet-
ings will improve efficiency by providing more effective
communication between the department and its constitu-
ent agencies. The authority of the agencies is not dis-
turbed since neither membership nor voting rights are
granted.
Statutes Suspended:
None
- 8 -
- 9 -
Statutes Requiring Amendment:
9811, 9824, 9825, 9908.5, 9920, 9921, 9923, 9924, 9932,
Business and Professions Code Sections 108, 1608,
9934, 19004, 19030, 19031, 19033, 19034, 19035.6,
1610, 2106, 2107, 2130.5, 2604, 2709, 2710, 2848, 2849,
19035.8, 19127, 19127.5, 19127.6, 19170, 19170.5,
2927, 3017, 4007, 4808, 5016, 5017, 5522, 5627, 6505,
19171.6, 19200, 19200.5, 19201, 19203, 19206, 19207,
6716, 6867, 7006, 7008.5, 7206, 7306, 7605, 7647, 8003,
19208
8523, 8560, 9004, 9009, 9534.5, 9629, 9821, 9931, 18623,
19035.5
4. The titles of the officers of the boards, bureaus,
Section 1, Osteopathic Act, an initiative measure ap-
committees and commissions within the depart-
proved by the electors November 7, 1922, (Stats. 1923,
ment shall be "Chairman," "Vice-chairman" and
p xciii).
"Secretary." No board, bureau, committee or com-
mission member shall have the title of "Treasurer."
3. The title of the principal executive officer of each
board, bureau, committee, or commission in the
Explanatory Material:
department is "Executive Officer."
At the present time the titles of officers of the various
boards, bureaus, committees, and commissions vary in
Explanatory Material:
designation without apparent reason. The standardization
There are several titles such as Registrar, Executive
of titles will assure uniformity of designation and thus
Secretary, Executive Officer, Chief, etc., presently used to
eliminate confusion. Board members do not perform the
designate the principal executive officer of each board,
fiscal functions generally associated with the office of
bureau, committee or commission. Standardization of the
Treasurer. The use of this non-descriptive title is there-
title to "Executive Officer" will help to eliminate the
fore misleading and should be eliminated.
present confusion.
Statutes Suspended:
Statutes Suspended:
None
None
Statutes Requiring Amendment:
Statutes Requiring Amendment:
Business and Professions Code Sections 1606, 1608,
Business and Professions Code Sections 2708, 2788,
2105, 2108, 2108.5, 2114, 2117, 2284, 2285, 2374, 2375,
2847, 2857, 4004, 4005, 4006, 4012, 4050.6, 4052.3,
2376.5, 2432, 2604, 2707, 2846, 3014, 3017, 4004, 4804,
4081, 4091, 4094, 4360, 4410, 4411, 4805, 4806, 5518,
5003, 5004, 5005, 5007, 5016, 5133, 5518, 5551, 5624,
5521, 5523, 5551, 5624, 5626, 5627, 5650, 5652, 5657,
6503, 6716, 6762, 7006, 7203, 7305, 7410, 7605, 8003,
6503, 6504, 6552, 6714, 6715, 6762, 6786, 6851, 6860,
8523, 8747, 9532, 9821, 9931, 18624, 19035.5
6861, 6862, 6863, 6864, 6867, 6867.5, 6868.5, 6875,
Section 1, Osteopathic Act, an initiative measure ap-
6876, 6876.1, 6881, 6885, 6886, 6886.1, 6888, 6889,
proved by the electors November 7, 1922, (Stats. 1923,
6890, 6891, 6892, 6893, 6894, 6894.2, 6894.3, 6894.4,
p xciii)
6894.8, 6895, 6900, 6900.1, 6901, 6902, 6905, 6906,
6906.2, 6911, 6912, 6913, 6913.1, 6914, 6922, 6925,
5. Five (5) years of licensure in California immedi-
6949, 6950, 6955, 7011, 7012, 7013, 7015, 7065, 7065.1,
ately prior to appointment in the field regulated by
7044, 7067, 7067.5, 7068.2, 7068.3, 7071.3, 7071.5,
7071.6, 7071.8, 7071.9, 7071.10, 7071.11, 7072, 7073,
any board, bureau, committee or commission, is
7074, 7074.5, 7076, 7076.5, 7080, 7081, 7082, 7084,
established as a standard qualification for appoint-
7090, 7090.5, 7091, 7095, 7100, 7102, 7106.5, 7111,
ment as a licensed member of such board, bureau,
7124.1, 7125, 7145, 7305, 7410, 7412, 7512, 7605, 7628,
committee, or commission, and any conflicting re-
7663, 7687, 8005, 8020, 8022, 8503, 8527, 8528, 8531,
quirements are eliminated. Age requirements im-
8531.5, 8532, 8533, 8534, 8535, 8562, 8564, 8571, 8610,
8612, 8613, 8657, 8697.3, 8697.4, 8711, 8712, 8747,
posed as a qualification for appointment of li-
8753, 8793, 9005, 9006, 9007, 9011, 9532, 9801, 9810,
censed board members are eliminated.
- 10 -
- 11 -
Explanatory Material:
Statutes Requiring Amendment:
Various periods of experience as a licensee are now re-
Business and Professions Code Sections 1602, 2100,
quired as a qualification for appointment as a licensed
2127, 2603, 2923, 3011, 4001, 4801, 5001, 5514, 5517,
board member, with no justifiable reason for the differ-
5620, 6501, 6711, 6865.5, 7002, 7200, 7201, 7302, 7602,
ences, thereby creating additional matters to be checked
8000, 8521, 9002, 9530, 9626, 9821, 9928, 18621,
and verified by the Governor's Office during the appoint-
19035.2.
ment process. Age requirements are similarly varied. How-
ever, if 5 years of licensure in California is required as a
Section 1, Osteopathic Act, an initiative measure ap-
qualification for appointment, an age requirement is un-
proved by the electors November 7, 1922, (Stats. 1923,
necessary.
p xciii).
Statutes Suspended:
7. Good moral character is established as the stand-
None
ard character qualification for appointment to any
Statutes Requiring Amendment:
board, bureau, committee, or commission within
Business and Professions Code Sections 2100, 2702,
the department and any conflicting character re-
2842, 2923, 3011, 4001, 4801, 5514, 5517, 5620, 6501,
quirements are eliminated. In addition, good stand-
6711, 7001, 7002, 7302, 7602, 8521, 9002, 9530, 9821,
ing in the profession or field regulated by any
18624, 19035.2
board, bureau, committee, or commission within
Section 1, Osteopathic Act, an initiative measure ap-
the department is required as a standard qualifica-
proved by the electors November 7, 1922, (Stats. 1923,
p xciii).
tion for appointment as a licensed member of such
board, bureau, committee, or commission.
6. California residence and U.S. citizenship are estab-
Explanatory Material:
lished as standard requirements for appointment
Present requirements, as they relate to the character
to any board, bureau, committee or commission.
and good standing of persons appointed as licensed and
Any other residency or citizenship requirements are
non-licensed members, are varied or non-existent. Stand-
eliminated except that the residency requirements
ardization is desirable to eliminate confusion, treat like
of the District Review Committees within the juris-
matters uniformly, and eliminate unnecessary burdens on
the appointment process.
diction of the Board of Medical Examiners of the
State of California are not affected.
Statutes Suspended:
None.
Explanatory Material:
At present, residence and citizenship requirements for
Statutes Requiring Amendment:
appointment vary widely. There does not appear to be
Business and Professions Code Sections 1602, 2100,
a valid reason for restrictive conditions other than Cali-
2127, 2603, 2702, 2842, 2923, 3011, 4001, 4801, 5001,
fornia residency or U.S. citzenship except in the case of
5514, 5517, 5620, 6501, 6711, 6865.5, 7002, 7200, 7201,
the District Review Committees of the Board of Medical
7602, 8000, 8521, 9002, 9530, 9626, 9821, 9928, 18621,
Examiners, whose members must be familiar with stand-
19035.2.
ards of professional competence in the district they rep-
Section 1, Osteopathic Act, an initiative measure ap-
resent. The standardization of residency and citizenship
proved by the electors November 7, 1922, (Stats. 1923,
requirements will effect uniformity in the statutes and
p xciii).
lighten the burden of the appointments process.
Statutes Suspended:
None.
- 12 -
- 13 -
8. With the exception of the members of District Re-
public members in the sense that they are charged with
view Committees of the Board of Medical Examin-
the protection of the public interest, the term, "non-
ers, the requirement that members of boards,
licensed public member" more adequately conveys to the
bureaus, committees and commissions be ap-
public that members SO designated are not licensed or
regulated by the agency on which they serve.
pointed from particular geographical areas or po-
litical districts within the state is eliminated. A
Statutes Suspended:
standard requirement that there be broad geo-
None.
graphical representation throughout the state is
Statutes Requiring Amendment:
substituted.
Business and Professions Code Sections 1601, 1602,
Explanatory Material:
1603, 2100, 2101, 2102, 2126, 2127, 2128, 2603, 2604,
A small number of statutes require that certain board
2702, 2703, 2920, 2922, 2923, 3010, 3011, 3013, 4001,
members be appointed from particular geographical areas
4002, 4800, 4801, 4802, 5000, 5001, 5002, 5017, 5514,
or political districts within the state. This requirement is
5620, 6500, 6501, 6509, 6711, 6865.5, 7001, 7002, 7301,
unduly restrictive and unnecessarily hampers the selection
7302, 7303, 7309, 7309.7, 7601, 7602, 7603, 7628, 8521,
of the most highly qualified persons. The requirement of
8522, 9002, 9530, 9625, 9626, 9820, 9927, 9928,
broad geographical representation throughout the state
19035.1, 19035.3.
will achieve the desired result, without the present dis-
advantage. Members of District Review Committees of the
10. Each board, bureau, committee, and commission
Board of Medical Examiners are excluded, since they
within the department shall conduct an annual
hear disciplinary proceedings involving physicians and
election of officers within 90 days after the date
surgeons and must be familiar with standards of profes-
fixed by statute for the expiration of terms of
sional competency within the district they represent.
office on such board, bureau, committee, or com-
Statutes Suspended:
mission.
None.
Explanatory Material:
Statutes Requiring Amendment:
A standard election requirement will facilitate coordina-
Business and Professions Code Sections 1602, 2100,
tion and communication between the department and its
2127, 2603, 2702, 2842, 2923, 3011, 4001, 4801, 5001,
constituent agencies and will eliminate broken terms of
5002, 5514, 5517, 5620, 6501, 6711, 6865.5, 7002, 7200,
office due to member turnover, which disrupt the work
7201, 7302, 7602, 8000, 8521, 9002, 9530, 9626, 9821,
and efficiency of the agencies.
9928, 18621, 19035.2.
Statutes Suspended:
Section 1, Osteopathic Act, an initiative measure ap-
None
proved by the electors November 7, 1922, (Stats. 1923,
Statutes Requiring Amendment:
p xciii).
Business and Professions Code Sections 1606, 2105,
9. The title "public member" used to designate any
2130.5, 2604, 2707, 2848, 2925, 3014, 4004, 4007, 4808,
5004, 5518, 5624, 6503, 6716, 6867, 7006, 7203, 7305,
non-licensed member of any board, bureau, com-
7605, 8003, 8523, 9004, 9532, 9629, 9821, 9931, 18624,
mittee, or commission within this department is
19035.5.
changed to "non-licensed public member."
Section 1, Osteopathic Act, an initiative measure ap-
Explanatory Material:
proved by the electors November 7, 1922, (Stats. 1923,
Many agencies within the department have one or more
p xciii)
public or lay members who are not licensed or certificated
by the agency on which they serve. Since all members are
- 14 -
- 15 -
11. The director is authorized, in cooperation with each
GENERAL PROVISIONS
board, bureau, committee, or commission con-
This Reorganization Plan is effective on the date specified
cerned, to determine the format of original certifi-
cates, licenses, permits, and similar indicia of
by Government Code Section 12080.5. The agencies, officers
and employees affected by this Plan shall continue to perform
authority issued by such agencies. Existing sup-
their existing functions for sixty days following the effective
plies may be used until exhausted, but such use
may not extend beyond December 31, 1970.
date of this Reorganization Plan and during this period shall
plan for the necessary changes. The reorganization changes
Explanatory Material:
herein provided shall take place on the sixty-first day after the
Standardization of the format of original certificates,
effective date of this Plan except as otherwise provided in this
licenses and permits will more fully utilize data process-
Plan.
ing capabilities and thereby eleminate such costly pro-
cedures as hand lettering of certificates and/or licenses.
Set forth herein is a description of the several items of re-
The utilization of such capabilities will be in conformity
organization of the Department of Professional and Vocational
with the stated aims of the Administration in lowering the
Standards, explanatory material relating to each item, a
cost of government while maintaining services to the
statement of the statutes that are suspended (required by Gov-
public.
ernment Code Sections 12080.2 and 12080.3(g)), and a state-
Statutes Suspended:
ment of the statutes requiring amendment. To facilitate under-
None
standing and reference, the explanatory material immediately
Statutes Requiring Amendment:
follows the item of reorganization to which it is applicable.
Business and Professions Code Sections 2136, 2732.1,
2872, 3055, 4848, 5070, 5080, 5551, 5558, 5652, 6534.4,
TRANSFER OF EMPLOYEES
6549, 6550.5, 6756, 6762, 6763, 6767, 6767.5, 6908,
NONE
7072, 7373, 7374, 7375, 7410, 7680, 8020, 8560, 8562,
8747, 8748, 9540, 9540.5, 9949, 17805, 18627, 19049.
Explanatory Material:
Reference Government Code Section 12080.3 (c) and (d).
TRANSFER OF PROPERTY
NONE
Explanatory Material:
Reference Government Code Section 12080.3 (d).
TRANSFER OF FUNDS
NONE
Explanatory Material:
Reference Government Code Section 12080.3 (e).
- 16 -
TERMINATION OF AGENCIES ABOLISHED
NONE
Explanatory Material:
Reference Government Code Section 12080.3 (f).
o
printed In CALIFORNIA OFFICE OF STATE PRINTING
78501-401 2-69 1M
PRESS
REORGANIZATION OF THE EXECUTIVE BRANCH
OF CALIFORNIA STATE GOVERNMENT
Reorganization Plan No. 1 of 1968
February 1, 1968
HON. ROBERT H. FINCH, President
and Members of the Senate
HON. JESSE M. UNRUH, Speaker
and Members of the Assembly
Pursuant to Section 12072 of the Government Code, I hereby
transmit Reorganization Plan No. 1 of 1968.
Respectfully,
in
Ronald Ragan
RONALD REAGAN
Governor
REORGANIZATION PLAN NO. 1 OF 1968
CONTENTS
Page
GOVERNOR'S MESSAGE
5
INTRODUCTORY STATEMENT
16
STATUTORY AGENCIES AND SECRETARIES
17
BUSINESS AND TRANSPORTATION
18
RESOURCES
25
HUMAN RELATIONS
30
AGRICULTURE AND SERVICES
40
INDEPENDENT AGENCIES IN THE GOVERNOR'S
OFFICE
50
FINANCE
54
GENERAL PROVISIONS
55
TRANSFER OF EMPLOYEES
55
TRANSFER OF PROPERTY
55
TRANSFER OF FUNDS
55
TERMINATION OF AGENCIES ABOLISHED
56
ATTACHED ORGANIZATION CHARTS
REORGANIZATION PLAN NO. 1 OF 1968, CALI-
FORNIA
after 56
STATUTORY ORGANIZATION-1966, CALIFOR-
NIA
after 56
GOVERNOR'S MESSAGE
Organizations of the Executive Branch of gov-
ernment are administrative instruments established
to accomplish public purposes. Ideally, the struc-
tures will achieve those purposes with maximum
effectiveness, at a minimum cost to the public. With
the passing of time the circumstances of govern-
ment are altered in many ways. Sheer growth in
numbers, both of the governed and of those em-
ployed by government, create pressures where none
existed before; new problems emerge along with
new population trends and new technologies; ad-
vanced techniques of management call forth new
forms and methods of managing; and alterations
in public purposes not infrequently require new
and different structures for their achievement.
The organizations of the Executive Branch are
subject to these pressures for changes in form and
must create structures which will work with and
not against the public will and interest. After a
time, it is possible for this to result in a large num-
ber of widely scattered, relatively uncoordinated
and undirected activities which must then be re-
gathered and reconstituted in more manageable
forms.
In 1966 the voters approved a constitutional
amendment authorizing the Legislature to delegate
to the Governor the power to reorganize the struc-
ture of state government (Section 6 of Article V
of the California Constitution). In 1967 the Legis-
lature passed, and I signed into law, Senate Bill
296 which, as recommended by the Commission on
California State Government Organization and
Economy, provided for delegation to the Governor
of the authority to reorganize, subject to review by
the Legislature. This Reorganization Plan No. 1
of 1968 has been prepared in the spirit of Senate
Bill 296 and specifically in compliance with Section
(5)
- 6 -
- 7
12071 of the Government Code. I am submitting
it for review by the Legislature in compliance with
Enactment of Senate Bill 296 has provided an
Section 12072 of the Government Code. I have
opportunity to give formal structure to this con-
found each reorganization action included in this
cept of a working Cabinet, and to insure continua-
Plan to be in the public interest.
tion of a method of administration which has been
Shortly after assuming office, and in the belief
responding effectively to state government needs
that a proper concept of Cabinet level functions
and problems. Much of that which is contained in
could hold the number of agencies to a minimum
this Reorganization Plan No. 1 has resulted from
and at the same time improve operations, I acted
consideration of the very basic process of policy
under my administrative authority to eliminate the
decision-making and communication of such de-
four non-statutory agencies which had been estab-
cisions to the action units of state government.
lished by Executive Order under the preceding
These key functions must work efficiently in order
administration, and to set up channels of communi-
for the Governor, as Chief Executive, to administer
cation to the various units of the Executive Branch
as large and diverse an organization as the Execu-
through the Administrators of the statutory agen-
tive Branch.
cies. At the same time, I emphasized a change in the
In order fully to understand the functioning of
orientation of these Administrators from the role
the organization structure here presented, it is nec-
of the State's highest executive managers of day-
essary to understand the role of those members of
to-day affairs to one of advisor to the Governor
the Governor's Cabinet with responsibilities for
on major policy and program matters, principal
each of the four Agencies, as contained in this
communication link for effective transmission of
Plan. Currently, with one exception, the individ-
policy problems and decisions between the Gov-
uals in these positions are functioning officially as
ernor and operating units of government, and an
the Administrators of their respective statutorily
extension of the Governor's authority in relation
established Agencies. In recognition of the changes
to functions under each Administrator's responsi-
in the nature of their duties, their Cabinet respon-
bility.
sibilities, and their special relationship to the Gov-
In addition, I instituted a regular and continu-
ernor, this Plan changes the title of the heads of
ing series of meetings of the Administrators with
the four Agencies from Administrator to Secre-
the Cabinet Secretary, and personally participate
tary. Some of the functions of the Agency Secre-
in Cabinet meetings with them and with the Direc-
taries have already been mentioned. Among the
tor of Finance and the Executive Secretary. These
principal responsibilities are functions such as:
meetings have produced a truly viable Cabinet,
whose members are familiar with all major prob-
a. Objectives, Policies, and Programs - Assist
lems of state government and not solely with those
the Governor in establishing the objectives of
of their own agencies and functions. Consequently,
the Administration and in formulating pro-
all points of view are brought to bear upon major
grams and policies governing the acquisition
program and policy problems, and Cabinet level
and utilization of resources to attain the ob-
jectives.
policy decisions are communicated throughout the
Executive Branch promptly, effectively, accurately,
b. Communication-Ensure that the Governor's
and with a common understanding.
policies and program objectives are communi-
cated to the organizations under his juris-
- 9 -
- 8 -
diction and provide the communication link
previously mentioned, provides for a much more
continuous representation of a department direc-
between the Governor's Office and the depart-
tor's position to the Governor's Office than would
ments for major matters of fiscal management
exist if a large number of departments reported
and administration.
directly to the Governor and were continually com-
c. Coordination, Representation and Adjudica-
peting for separate attention. The role of Agency
tion-Exercise the authority of the Governor
Secretary requires men of broad perspective and
in adjudicating conflicts among organizations
mature judgment, with outstanding ability to com-
within his own jurisdiction, and represent
municate; persons of prestige who enjoy the con-
those organizations, and the Governor, in co-
fidence of all sectors of the community. It does not
ordinating activities with other federal, state,
necessarily, or in all cases, require an in-depth
or local jurisdictions.
knowledge of subject matter areas. Department
d. Administration and Management - Assume
heads, expert in their functional areas, will con-
responsibility for sound fiscal management of
tinue to provide the guidance and judgment appro-
organizations within his jurisdiction; review
priate to the departmental level.
and approve proposed budgets; hold each
The reorganization effected by this Plan has as
organization head responsible for manage-
its objectives all those purposes which are specified
ment control over administrative, fiscal, and
in Section 12071 of the Government Code. These
program performance; review operations and
include reduction of expenditures and promotion of
evaluate performance at appropriate inter-
economy, increasing effectiveness of management,
vals; seek continually to improve organiza-
increasing efficiency of operations, grouping or con-
tion structures, operating policies, and man-
solidating related functions under a single head,
agement information systems.
and eliminating overlapping functions and dupli-
cation of effort. In addition, these specific objec-
These statements of responsibility clearly specify
tives are sought:
the policy level role of the Agency Secretary and
a. To provide the Governor with a small, work-
specifically exclude him from daily administration
able Cabinet which can function effectively
and operating decisions, except where those deci-
as an executive team.
sions may have a broad impact on or represent a
change in policy. The corollary, of course, is that
b. To clarify lines of authority and responsi-
the departments continue to be the basic operating
bility, and to strengthen accountability for re-
units of state government. In certain instances,
sults.
action has been taken to divest the Agency head of
c. To improve communications within the Execu-
particular operating responsibilities and to reas-
tive Branch.
sign those responsibilities to the appropriate de-
d. To provide for continuing top-level evalua-
partment directors. Department heads administer
tion of all State programs from a basic policy
their departments in accordance with their statu-
point of view.
tory authority and have experienced a significant
e. To provide for continuing executive attention
improvement in their ability to communicate across
to organization structures and management
department lines and with the Governor's Office.
This structure, along with the schedule of meetings
processes.
4-76404
- 10 -
- 11 -
The criteria used to judge the extent to which
functionally related organizations. Recognizing
any given structure would facilitate achievement
this difficulty, I believe that this Plan represents
of the objectives were:
the arrangement which is most effective and most
a. The number of Agency Secretaries (and ac-
practical, for the benefit of all the people of Cali-
companying staffs) is not to exceed the abso-
fornia, in full consideration of all objectives and
criteria. In the cases of the Human Relations
lute minimum required to perform satisfac-
torily the role of Agency Secretary as defined
Agency and the Resources Agency, each encom-
above.
passes many different and complex functions which
do, however, comprise a consistent, homogeneous
b. Organizations which have close functional re-
whole. The Business and Transportation Agency
lationships are to be grouped together in order
groups two kinds of functions which, while not
to assure coordination of activities and to ob-
unrelated, do not constitute the same single focus
viate possibilities of duplication, overlap, and
of attention that is possible in the case of all of
working at cross purposes.
California's resources, or the well-being of all of
C. The major areas of functional activity in
California's people.
which state government relates most directly
Similarly, the Agriculture and Services Agency
to the people of California are Human Rela-
basically is comprised of two kinds of activities.
tions, Resources, Transportation, and Agri-
One of these is an activity identified in original
culture. These are the appropriate nuclei of
criteria as one of the four most basic functions—
the Agency structure.
Agriculture. The existing Department of Agricul-
d. A balance of workload and responsibility is to
ture, with all of its important functions, is one part
be achieved among the Agency Secretaries.
of this Agency. The other part is comprised of all
This may require assignment of two or more
of the service functions of state government, along
homogeneous groups of functions to a single
with a very significant new function for California,
Agency. However, a single homogeneous group
a Department of Commerce. This department, dedi-
of functions is not to be divided among two
cated to those activities involved in stimulating the
or more Agencies.
economy of California, is closely related to and an
important adjunct of those interests represented
e. Lines of communication are not to be length-
by the term "agribusiness."
ened. Rather, they are to be shortened and
It is important, in respect to these two Agencies
made more effective.
particularly, to recall the nature of the duties and
It is apparent that there are some constraints
responsibilities of an Agency Secretary. While the
on total achievement of these objectives and satis-
Plan has not split functions which form a homo-
faction of all criteria. For example, some groupings
geneous whole it has, in these cases, placed more
of functionally related activities are prohibited
than one homogeneous activity under a single
because some of the activities are constitutionally
Agency Secretary. If the Agency Secretaries were
established functions directed by independently
expected to participate continually in day-to-day
elected officers. Additionally, some of the criteria
operating decisions, the organization proposed
tend to be in conflict, such as holding the number
would be far less effective. However, in functioning
of Agencies to a practical minimum while at the
as a policy-maker, Governor's advisor, communica-
same time achieving the best possible grouping of
tor, and Governor's representative, the demands
- 12 -
13 I I
made on an Agency Secretary are quite analogous
to those made on a corporate president who over-
Similarly, to those functions previously estab-
sees, coordinates, and establishes policies for the
lished by statute under the Resources Adminis-
general management guidance of a variety of cor-
trator, i.e., Conservation, Fish and Game, Harbors
porate functions or, for that matter, to the demands
and Watercraft, Parks and Recreation, Water Re-
made on a legislator who is expected to represent,
sources and the State Water Resources Control
with judgment, the diverse interests of the middle
Board, the Plan adds the functions of the Air Re-
class, the wealthy and the poor, of ethnic minorities
sources Board and the Colorado River Board. This
as well as the majority, of businessmen and con-
achieves the same purposes of guaranteeing coor-
sumers, of the criminal offender as well as his vic-
dination and integration of government functions
tim, etc. The experience of the past year under
related to California's most basic resources of air,
the communication plan that was established by
water, and land. These resources are necessary to
my Executive Order has provided ample evidence
sustain all forms of life, and any potential destruc-
that those functions expected of Agency Secre-
tion of their usefulness for human ends represents
taries under this Plan can, in fact, be carried out
a most extreme threat to the population itself. It is
successfully when the positions are filled by capable
of the utmost importance that these resources be
executives of mature judgment and understanding.
properly and adequately managed for the benefit
As previously mentioned, in the structure of the
of our own and future generations, and that pro-
Human Relations Agency this Reorganization Plan
grams to preserve or enhance one resource do not
achieves an effective grouping of functions which
achieve their goals by means which lead to the
together constitute a single, homogeneous whole.
deterioration of another resource. It is a prime
To the statutorily established Health and Welfare
responsibility of the Secretary for Resources to
Agency grouping of Mental Hygiene, Health Care
ensure the adequate and properly balanced man-
Services, Public Health, Rehabilitation, and Social
agement of these resources.
Welfare, the Plan adds the functions of Human
The basic transportation functions of Aeronau-
Resources Development, Employment, Industrial
tics, Highway Patrol, Motor Vehicles, and Public
Relations, Corrections, and the Youth Authority.
Works were previously grouped by legislation as
The areas of poverty, welfare, job training and
the Transportation Agency. This Plan adds a num-
employment, of crime, delinquency and corrections,
ber of functions, related to each other, which deal
of rehabilitation, health improvement and health
with and regulate certain business activities. It
maintenance are certainly among our most difficult
thereby creates a Business and Transportation
and demanding problems in terms of both immedi-
Agency which includes Banking, Corporations,
ate impact upon all of our citizens and current
Housing and Community Development, Insurance,
costs to the taxpayer. They are also areas in which
Real Estate, and Savings and Loan.
the functions of government are SO closely inter-
Under this Plan, the Agriculture and Services
related that adequate coordination and integration
Agency retains all of the important functions of
of programs are absolutely essential to achievement
the Department of Agriculture and insures, by vir-
of successful solutions. The grouping of these func-
tue of the Secretary's position, continuing Cabinet
tions under the Secretary for Human Relations en-
status and direct communication with the Governor
sures the necessary coordination and integration.
for the members of the agricultural and agribusi-
ness community. The Plan adds the economic devel-
- 14 -
- 15 -
opment functions of the Department of Commerce
This Reorganization Plan accomplishes a num-
and groups a number of other functions which per-
ber of very significant and appropriate steps for
form or provide a variety of services within state
California Government at this time. For example:
government and in relation to the general public.
a. The Plan has brought essential groups of pro-
These functions are: Professional and Vocational
grams and services into clear, coordinated
Standards, Veterans Affairs, State Fire Marshal,
relationship to each other.
Franchise Tax Board, Employees' Retirement Sys-
b. It has helped to balance the workload and
tem, and Teachers' Retirement System.
responsibilities of the Agency Secretaries.
The Director of Finance, as the Governor's prin-
cipal advisor on fiscal affiars, financial policies, and
C. It has insured a more continuous and uniform
budgetary matters, continues to report directly to
review of program performance.
me and serves as a member of the Cabinet.
d. It has highlighted overlapping and obsolete
For other functions of the Executive Branch
functions for necessary restructuring.
having to do with planning and coordinating the
e. It has consolidated numerous independent,
use of state resources for the assistance of the pub-
fragmented but related activities into single
lic in emergency situations (Disaster Office and
structures.
Military Department) and the planning and coor-
dinating of activities with local government juris-
f. It has transferred selected functions to more
dictions (Council on Intergovernmental Relations),
appropriate settings.
the Plan continues the direct management relation-
g. It has enhanced communication within the
ship between these functions and the Governor.
Executive Branch.
This entire Reorganization Plan has been sub-
h. It has provided the Governor with an organi-
mitted to the Commission on California State Gov-
zational structure which is an adequate and
ernment Organization and Economy, in accordance
effective tool for the administration of the
with requirements of Section 8523 of the Govern-
complex affairs of government.
ment Code.
Enough has already been said to indicate the
In essence, this organization has been tried. It
underlying philosophy and logic of this Reorgani-
works. It works well. It has been a most important
zation Plan. I noted at the outset that as circum-
first step toward the goals of effective, efficient and
stances change, government must adjust to meet
economic state government; goals which we all en-
the new challenges. This will be true in the future.
dorse. I am certain that, with your support, this
I would hope, in addition, that some of today's
Reorganization Plan will prove to be only the first
most troublesome challenges will be dealt with SO
in our mutual and continuing efforts to provide
successfully as to permit a sharp reduction in the
significant management improvements for the
requirement for state government activities in cer-
State of California.
tain areas. These are the reasons for the provisions
of Sections 12072 and 12082 of the Government
Code which provide for continuing activity in rela-
tion to reorganization.
INTRODUCTORY STATEMENT
STATUTORY AGENCIES AND SECRETARIES
This reorganization plan is effective on the date specified
The names of the Health and Welfare Agency, Youth and
by Government Code Section 12075.
Adult Corrections Agency and Resources Agency established
In addition to the description of the reorganization of
by Government Code Section 12800 are changed to Human
various agencies in the Executive Branch of the State govern-
Relations Agency, Agriculture and Services Agency and Re-
ment, there is also set forth explanatory material, the stat-
sources Agency. The name of the Transportation Agency
utes that are suspended (required by Government Code Sec-
established by Government Code Section 13975 is changed to
tions 12072 and 12073(g)), and other descriptive material
Business and Transportation Agency. This will result in there
concerning the reorganization. To facilitate understanding and
being in the Executive Branch of State Government the fol-
reference, the explanatory material immediately follows the
lowing four Agencies:
reorganization to which it is applicable.
1. Business and Transportation Agency
Also, to facilitate the subsequent amendment of statutes
2. Resources Agency
to reflect the changes made by this Plan (required by Gov-
3. Human Relations Agency
ernment Code Section 12080), where it is appropriate a nota-
4. Agriculture and Services Agency
tion is made of the principal statutes that require amendment.
The name of the head of each of the four Agencies is
This itemization is not intended to be all inclusive, but will
changed from Administrator to Secretary.
note the principal statutes to the extent feasible at this time.
Any function required by statute to be performed by the
Administrator of the Health and Welfare Agency or the Ad-
ministrator of the Youth and Adult Corrections Agency as
those Agencies existed prior to the effective date of this Re-
organization Plan shall be performed by the Secretary of the
Human Relations Agency except as otherwise provided herein.
Any such function may be delegated by the Secretary to the
head of any unit in the Human Relations Agency.
Any function required by statute to be performed by the Ad-
ministrator of the Resources Agency as that Agency existed
prior to the effective date of this Reorganization Plan shall be
performed by the Secretary of the Resources Agency except
as otherwise provided herein. Any such function may be dele-
gated by the Secretary to the head of any unit in the Resources
Agency.
Any function required by statute to be performed by the
Administrator of the Transportation Agency as that Agency
existed prior to the effective date of this Reorganization Plan
shall be performed by the Secretary of the Business and Trans-
portation Agency except as otherwise provided herein. Any
(17)
(16)
5-76404
- 18 -
- 19 -
such function may be delegated by the Secretary to the head of
Statutes Suspended:
any unit in the Business and Transportation Agency.
None
The agencies included under each of the four Agencies are
described in the following material.
Statutes Requiring Amendment:
Business and Professions Code Section 10050
Statutes Suspended:
Corporations Code Section 25300
None
Financial Code Sections 200 and 5200
Statutes Requiring Amendment:
Government Code Sections 13975-13983, 14000, 14005,
Government Code Sections 11551, 12800-12805,
66503
12850-12854, 13975-13983 and 14000
Health and Safety Code Sections 37031 and 37050
Insurance Code Section 12906
BUSINESS AND TRANSPORTATION
Public Utilities Code Sections 21201 and 21215
Street and Highways Code Sections 30050 and 30051
The Business and Transportation Agency consists of the
Vehicle Code Sections 291, 1500, 2901, 2902, 22356,
following:
23340, 23341, 23342, 28101, 28103, 28105, 28107, and
A. Department of Aeronautics
28108
B. Department of the California Highway Patrol
A. DEPARTMENT OF AERONAUTICS
C. Department of Motor Vehicles
There is no reorganization or change in the objectives of
D. Department of Public Works
this Department except the name is changed from Division of
E. State Banking Department
Aeronautics to Department of Aeronautics.
F. Department of Corporations
G. Department of Housing and Community Development
Explanatory Material:
H. Department of Insurance
This Department's principal objective is to encourage,
I. Department of Real Estate
foster and assist in the development of recreational and
noncommercial aviation in California and encourage the
J. Department of Savings and Loan
establishment of airports and air navigation facilities.
Explanatory Material:
The Department furnishes staff services to the State
Aeronautics Board which advises the Department on for-
The Agency contains two groups of departments which
mation of policy.
are functionally related. The first group consists of the
Renaming the Division a Department will constitute a
transportation-oriented departments which, under exist-
paper name change only because Aeronautics for all in-
ing statutes, have been part of the Transportation
tents and purposes is a department attached directly to
Agency. The second group consists of the last six above-
the Agency, and the Director is appointed by the Governor
named business regulatory departments.
as are existing department heads.
The component administrative units in the two func-
tional groups in the Agency each bear important
Statutes Suspended:
responsibilities for the necessary development of the
None
transportation and business sectors of California's econ-
omy.
Statutes Requiring Amendment:
There is no immediate fiscal impact to the change. The
Public Utilities Code Sections 21201, 21215 and all
departments statutorily in the existing agency are funded
references to the existing Division in Division 9 of
from the Aeronautics, Motor Vehicle and State Highway
the Code.
Funds. Those departments added under reorganization
will continue to be funded from existing sources with no
increase.
- 20 -
- 21 -
B. DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL
Statutes Requiring Amendment:
There is no reorganization or change in the objectives of this
Government Code Sections 14000, 14005
Department.
Vehicle Code Section 291
Explanatory Material:
E. STATE BANKING DEPARTMENT
This Department is charged with the responsibility of
providing adequate patrol of California's highways at all
There is no reorganization or change in the objectives of
times to assure the safe and lawful use of the State's
this Department except it is in the Business and Transporta-
highway system
tion Agency.
Statutes Suspended:
Explanatory Material:
None
It is the responsibility of this Department to admin-
ister State laws relating to banks and trust companies
Statutes Requiring Amendment:
and the banking and trust business for the general pur-
Vehicle Code Section 2100
pose of safeguarding the funds of depositors in any unit
of the State-chartered banking system.
C. DEPARTMENT OF MOTOR VEHICLES
The Department also follows the two principal programs
There is no reorganization or change in the objectives of
of (1) chartering new banks, licensing branches, and re-
this Department.
viewing mergers and consolidations and (2) examining
banking and trust companies to determine financial condi-
Explanatory Material:
tion and depositor safety.
The major objectives of the Department are to promote
the public safety on the highways and to provide identi-
Statutes Suspended:
fication and security of property rights in vehicles. The
None
Department also is responsible for administering specific
Statutes Requiring Amendment:
statutes having to do with occupational licensing of per-
sons and firms in several industries and specialties related
Financial Code Section 200
to motor vehicles. The Department administers the finan-
F. DEPARTMENT OF CORPORATIONS
cial responsibility laws and has responsibility for admin-
istering the collection of use tax on used vehicles.
There is no reorganization or change in the objectives of this
Statutes Suspended:
Department except it is in the Business and Transportation
None
Agency and the name is changed from Division of Corpora-
tions to Department of Corporations.
Statutes Requiring Amendment:
Vehicle Code Section 1500
Explanatory Material:
The primary objective of the Department is the protec-
D. DEPARTMENT OF PUBLIC WORKS
tion of the public in the sale of securities. The Depart-
There is no reorganization or change in the objectives of
ment is also charged with responsibility for preventing
fraud and usury, as well as unsound business practices in
this Department.
industrial loan companies, personal property brokers,
Explanatory Material:
small loan brokers, credit unions, check sellers and cashers,
This Department is charged with the planning, con-
escrow agents, retirement systems, and trading stamp
struction and maintenance of State highways, bridges and
companies.
freeways through the Division of Highways and the Divi-
Naming Corporations a Department constitutes a paper
sion of Bay Toll Crossings.
name change only because Corporations is in effect a De-
partment within the Department of Investment, and the
Statutes Suspended:
Commissioner is appointed by the Governor as are existing
None
Department heads.
- 22 -
- 23 -
Statutes Suspended:
H. DEPARTMENT OF INSURANCE
None
There is no reorganization or change in the objectives of
Statutes Requiring Amendment:
this Department except it is in the Business and Transporta-
Corporations Code Sections 25300, 25303, 25355, and
tion Agency.
29200
Explanatory Material:
Financial Code Sections 18611, 22410, and 24409
The main programs of the Department are to: license
companies and individuals who engage in the insurance
G. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
business; admit insurers to operate in California; grant
There is no reorganization or change in the objectives of
permits to issue securities and make changes in capital
structure; approve certain types of policy forms; approve
this Department except it is in the Business and Transporta-
minimum workmen's compensation insurance rates; ex-
tion Agency.
amine the financial condition and procedures of insurers
Explanatory Material:
through field audits and analysis of financial statements;
Established in 1965, the Department's objectives relate
take over California affairs of insurers in financial diffi-
to assistance to local government, upon request, in de-
culty for the purpose of rehabilitation or liquidation; in-
veloping new and used housing for farm laborers, the
vestigate complaints from policyholders against insurers
elderly, racial minorities, persons displaced by govern-
and producers; check activities of licensees for compliance
mental action and low-income persons. Advice and
with all insurance laws; audit premium and surplus line
assistance is given to government agencies and private
brokers' tax returns; and collection of quarterly and an-
enterprise regarding the nature and availability of Fed-
nual premium taxes and annual retaliatory and surplus
eral assistance for housing and community development
line broker's taxes as revenue for the General Fund.
or redevelopment. The department is also responsible for
the preparation and enforcement, where not otherwise
Statutes Suspended:
provided for by law, of those parts of the Health and
None
Safety and Labor Codes dealing with the State Housing
Statutes Requiring Amendment:
Law and mobile homes.
The Department of Housing and Community Develop-
Insurance Code Sections 21, 12900, 12975, and 12906
ment is added to the group of five business regulatory
1. DEPARTMENT OF REAL ESTATE
departments for two reasons.
First, this department is a business regulatory depart-
There is no reorganization or change in the objectives of
ment in that it has jurisdiction over housing codes and
this Department except it is in the Business and Transporta-
mobile homes, and conducts a regulatory and inspecting
tion Agency and the name is changed from Division of Real
function. Second, from a standpoint of activities aiding
housing in the State, this department works very closely
Estate to Department of Real Estate.
with the other business regulatory departments. The de-
Explanatory Material:
partment's approach has been, and will continue to be,
The primary objective of the Department is to protect
aid in lower income housing needs. In this regard, the
the general public in all matters relating to the sale, pur-
Banking, Real Estate, and Savings and Loan Departments
have furnished advice and counsel.
chase or lease, through agents, of real estate, business
opportunities, mineral, oil and gas rights or lands and in
Statutes Suspended:
the offering of subdivided properties and of real property
None
securities. A further objective is to encourage professional
orientation for the real estate business by assisting in the
Statutes Requiring Amendment:
advancement of education and research in the field of
Health and Safety Code Sections 37031 and 37050
real estate.
Naming Real Estate a Department constitutes a paper
name change only because Real Estate is in effect a De-
partment within the Department of Investment, and the
- 24 -
- 25 -
Commissioner is appointed by the Governor as are existing
department heads.
Statutes Suspended:
Business and Professions Code Sections 10005 and
Statutes Suspended:
10070
None
Part 7 (commencing with Section 15480) of Division
3 of Title 2 of the Government Code
Statutes Requiring Amendment:
Business and Professions Code Sections 1004, 10050,
Statutes Requiring Amendment:
10130, 10150.6, 10225, 10239.22, 10593.6, 11011.6,
Financial Code Section 210
11012 and 11015
Insurance Code Section 12906
J. DEPARTMENT OF SAVINGS AND LOAN
RESOURCES
There is no reorganization or change in the objectives of this
Department except it is in the Business and Transportation
The Resources Agency consists of the following:
Agency and the name is changed from Division of Savings and
A. Department of Conservation.
Loan to Department of Savings and Loan.
B. Department of Fish and Game.
Explanatory Material:
C. Department of Harbors and Watercraft.
The Department through its administration and enforce-
D. Department of Parks and Recreation.
ment assures the financial soundness and safety of State-
E. Department of Water Resources.
licensed savings and loan associations in California and
F. Air Resources Board.
the legality of their operations.
G. Colorado River Board.
Naming Savings and Loan a Department constitutes a
H. State Water Resources Control Board.
paper name change only because Savings*and Loan is in
effect a Department within the Department of Invest-
Explanatory Material:
ment, and the Commissioner is appointed by the Governor
All of these units have previously been within the exist-
as are existing department heads.
ing Resources Agency with the exception of the Air Re-
Statutes Suspended:
sources Board and the Colorado River Board, which have
not previously been placed by statute within any Agency.
None
Additionally, the principal function of the Office of Nu-
Statutes Requiring Amendment:
clear Energy (previously the Office of Atomic Energy De-
Financial Code Sections 5000 and 5253
velopment and Radiation Protection) is transferred from
the Health and Welfare Agency to the Resources Agency.
K. DEPARTMENT OF INVESTMENT
(See page 33). This office will be included in the staff of
the Resources Agency and will not be a part of any de-
The Department of Investment and the Investment Board
partment.
are abolished.
The units within the Resources Agency are charged in
Explanatory Material:
general with the administration of California's programs
This Department has for years been merely an ineffec-
of natural resource conservation and development. The
tive paper organization with rotating directorships. The
State's enormous population growth will continue to place
Department serves no useful purpose and should be abol-
severe pressure upon air, land, and water resources. The
ished.
future economic health and quality of life in California
The Board's duties can better and more efficiently be
will depend to a large degree upon the success of Resources
performed by existing departments in the reorganized
Agency programs, such as water development, water and
Agency.
air pollution control, recreational opportunities, ocean re-
Some savings in administrative and clerical overhead
sources development, fish and wildlife conservation, and
will be accomplished.
forest, mineral, and land conservation. The component
administrative units of the Agency each bear important
- 26 -
- 27 -
responsibilities in the overall protection and enhancement
Statutes Suspended:
of the State's natural environment. The further consolida-
None
tion of units into a single Agency facilitates coordination
of programs toward this end.
Statutes Requiring Amendment:
None
Statutes Suspended:
None
C. DEPARTMENT OF HARBORS AND WATERCRAFT
Statutes Requiring Amendment:
There is no reorganization or change in the objectives of
Government Code Section 12805
this Department.
Explanatory Material:
A. DEPARTMENT OF CONSERVATION
The objective of this Department is to further the de-
There is no change in the basic objectives of this Depart-
velopment of a Statewide system of small craft harbors
ment. There is the following reorganization:
and connecting waterways, and to promote safety in the
1. The State Lands Commission and the Division of State
use of boats and boating facilities.
Lands are not reorganized or changed except they are in
Statutes Suspended:
the Department of Conservation (formerly in the Depart-
None
ment of Finance).
Statutes Requiring Amendment:
Explanatory Material:
None
The Division of State Lands administers, sells, leases or
D. DEPARTMENT OF PARKS AND RECREATION
disposes of State lands under its control. Included are
State school lands, tidelands, submerged lands, swanip and
There is no reorganization or change in the objectives of
overflowed lands and beds of navigable rivers and lakes, all
this Department.
of which are crucial to the State's conservation programs.
Explanatory Material:
The placement of the State Lands Division in the Depart-
ment of Conservation provides functional consolidation
The objective of this Department is to make recreational
which encourages more thorough performance of related
facilities available to the people of the State.
conservation programs in the total public interest.
Statutes Suspended:
The Commission, which is composed of ex-officio officers,
None
will continue to function as it has.
Statutes Requiring Amendment:
Statutes Suspended:
None
None
E. DEPARTMENT OF WATER RESOURCES
Statutes Requiring Amendment:
Public Resources Code Sections 6101, 6102, and 6103
There is no reorganization or change in the objectives of
this Department.
B. DEPARTMENT OF FISH AND GAME
Explanatory Material:
There is no reorganization or change in the objectives of this
The objectives of this Department include the construe-
Department.
tion and operation of the State Water Project and the
Explanatory Material:
planning and administration of a variety of programs for
the control, protection, conservation, and distribution of
The objectives of this Department are the protection,
the water resources of the State.
propagation, preservation, and investigation of the State's
fish and game resources, including ocean fisheries and
Statutes Suspended:
marine products, for the utilization and the general bene-
None
fit and recreation of the people of California,
- 28 -
- 29 -
Statutes Requiring Amendment:
H. WATER RESOURCES CONTROL BOARD
None
There is no reorganization or change in the objectives of this
Board.
F. AIR RESOURCES BOARD
Explanatory Material:
There is no reorganization or change in the objectives of
The State Water Resources Control Board exercises the
this Board except it is in the Resources Agency.
adjudicatory and regulatory functions of the State of
Explanatory Material:
California in the field of water resources. The water pol-
lution, water rights, and water quality functions of State
Under the Mulford-Carrell Act of 1967 a State Air
Government are combined to provide for consideration of
Resources Board was created in State Government to
each of these matters when new applications for appro-
coordinate the administration and regulation of air con-
priation of water are granted, or waste discharge require-
servation programs within the State.
ments or water quality objectives established.
The long-term plan of the State provides for coordina-
tion of programs relating to the three elements of our
Statutes Suspended:
physical environment-air, land, and water. It is con-
None
sistent that these should be in the Resources Agency.
Statutes Requiring Amendment:
Statutes Suspended:
None
None
Statutes Requiring Amendment:
I. OFFICE OF NUCLEAR ENERGY
Health and Safety Code Section 39020
The name of the Office of Atomic Energy Development and
Radiation Protection is changed to Office of Nuclear Energy.
G. COLORADO RIVER BOARD
The developmental functions (Health and Safety Code, Sec-
There is no reorganization or change in the objectives of
tions 25700-25781) are transferred from the Health and Wel-
this Board except it is in the Resources Agency.
fare Agency to the Resources Agency.
Explanatory Material:
Explanatory Material:
The Colorado River Board protects the rights and in-
The mission of this Office is to carry out legislative and
terests of the State of California, its agencies and citizens,
executive policy designed to assure that California main-
in and to the water and power of the Colorado River
tains a leading role in the utilization of, and as a conse-
system.
quence, benefits from, the peacetime use of atomic energy
Under its basic responsibilities the Board must protect
and radiation.
California's water rights against encroachment from any
Placement of this Office in the Resources Agency allows
cause by engaging in interstate conferences, appearing at
a more efficient use of personnel in carrying out this mis-
hearings before legislative committees and negotiating
sion. Applications of atomic technology to the generation
with the executive departments of the Federal Govern-
of low-cost electricity in non-smog producing plants, and
ment; and must assist the State Attorney General in the
exploration and development of ocean, aerospace, and
event of litigation.
other physical resources are rapidly becoming a vital part
By transferring the Board to the Agency, the Agency
of the total resources effort.
will be better able to coordinate the State's position with
As such it is necessary to maintain a closely coordinated
respect to the Colorado River.
involvement of Resources Agency units with other units
Statutes Suspended:
of State and local government and the private sector to
None
assure maximum benefit from this emerging technology.
This Office provides a technical ability and awareness
Statutes Requiring Amendment:
permitting the State to identify new areas of use and to
Government Code Section 12803
stimulate private enterprise. The Office also performs spe-
Water Code Section 12510
- 30
- 31 -
cial studies using State and private personnel where nec-
The Departments of Mental Hygiene, Public Health and
essary.
Health Care Services have programs for protection of the
Radiation protection functions have already been as-
environmental, mental and physical health of our people.
signed to the Department of Public Health, and the change
While the Departments of Correction and Youth
merely formalizes a working arrangement. No increase in
Authority (formerly in the Youth and Adult Corrections
Public Health staff will be required. For further explana-
Agency) deal basically with the law violator, they are in-
tory material see Public Health, page 33.
volved in activities calculated to enable the offender to
As a result of this reorganization the Office of Nuclear
return to the community as a productive member of that
Energy functions with fewer personnel at a savings of
community. Many of the persons served by these programs
approximately $10,000.
have been clients, or will be served, by the programs of
the Departments of Social Welfare, Rehabilitation and
Statutes Suspended:
others.
None
The Department of Employment and the Department
Statutes Requiring Amendment:
of Industrial Relations have programs which parallel, and
to some extent overlap, the programs previously men-
Health and Safety Code Sections 25730, 25731, 25732,
tioned. Federally funded training programs administered
25733, 25734, 25734.5, 25736, 25738, 25739, 25752
by these departments and by the Department of Human
Government Code Section 12803
Resources Development are specifically directed to the
training and job placement of individuals from poverty
HUMAN RELATIONS
areas.
All of the departments included in this Agency, with
The Human Relations Agency consists of the following:
the exception of Health Care Services and Human Re-
A. Department of Corrections
sources, have long been existing departments of State
B. Department of Mental Hygiene
Government. The Department of Health Care Services
was in existence as the Office of Health Care Services.
C. Department of the Youth Authority
Components of the Department of Human Resources De-
D. Department of Public Health
velopment have functioned in isolation from each other.
E. Department of Health Care Services
Placing all the above-mentioned departments under a
10, Department of Rehabilitation
single Agency allows the elimination or reduction of over-
G. Department of Social Welfare
lap in a number of programs. This, along with some
realignment of functions, reduces the possibility of pro-
11. Department of Employment
grams working at cross purposes and strengthens depart-
I. Department of Industrial Relations
mental ability to work in a planned direction. In view of
J. Department of Human Resources Development
the consolidation, no additional funding is required as a
result of this reorganization.
Explanatory Material:
The Human Relations Agency is made up of those de-
Statutes Suspended:
partments primarily concerned with programs for people.
None
Though program approach may of necessity vary, depart-
Statutes Requiring Amendment:
ment to department, each is concerned with helping to
make all citizens of the State self-sufficient.
Government Code Sections 12800, 12801, 12803,
Several of the departments embrace programs by which
12804, 12850, 12851, 12852, 12853, 12854
disadvantaged California citizens are given assistance or
A. DEPARTMENT OF CORRECTIONS
training through which they are helped to self-sufficiency.
Included among these are the departments of Social Wel-
There is no reorganization or change in the objectives of
fare, Rehabilitation, Employment, Industrial Relations
this department except it is in the Human Relations Agency
and the Service Center Program.
(formerly in the Youth and Adult Corrections Agency).
- 32 -
- 33 -
Explanatory Material:
Statutes Requiring Amendment:
This department aims at protecting the public and re-
Government Code Sections 12800, 12803
habilitating offenders through correctional, parole, com-
munity and research programs. It is included in the
Health and Safety Code Section 38300
Human Relations Agency because it shares in that
C. DEPARTMENT OF THE YOUTH AUTHORITY
Agency's basic goal of helping people to self-sufficiency.
The duties and responsibilities of the Director of
There is no reorganization or change in the objectives of
Corrections, such as those on the Board of Corrections,
this Department except it is in the Human Relations Agency
Adult Authority and Correctional Industries Commission
(formerly in Youth and Adult Corrections Agency).
(Penal Code Sections 5075, 5085, 5087, 6025) are not
changed.
Explanatory Material:
Statutes Suspended:
This Department helps provide for the public safety
None
through its institutional rehabilitative and parole pro-
grams for persons committed to the Youth Authority by
Statutes Requiring Amendment:
the courts. It carries on delinquency prevention activities
Penal Code Section 6025
and cooperative community efforts.
Government Code Sections 12800, 12801, 12804,
The Department is in the Human Relations Agency be-
12850, 12851, 12852, 12853, 12854
cause it shares in that Agency's basic goal of helping
people to self-sufficiency.
B. DEPARTMENT OF MENTAL HYGIENE
This assignment does not change the relationship of the
department or its Director to the Youth Authority Board
There is no basic reorganization or change in the objectives
(Welfare and Institutions Code Sections 1710.5, 1711.3,
of this Department, except the function of coordinating mental
1711.4, 1711.5, 1723) or to the Board of Corrections
retardation programs is the responsibility of the Director of
(Penal Code Sections 6025, 6026).
Mental Hygiene (Health and Safety Code, Section 38300).
Statutes Suspended:
Explanatory Material:
None
The Department of Mental Hygiene is responsible for
Statutes Requiring Amendment:
providing mental health services and rehabilitation of
Government Code Sections 12800, 12801, 12804,
mentally ill or mentally retarded persons for whom no
12850, 12851, 12852, 12853, 12854
other treatment resources are available or suitable. The
Department promotes and supports local community
D. DEPARTMENT OF PUBLIC HEALTH
mental health services and conducts research, training and
mental health education programs.
There is no basic reorganization or change in the objectives
The coordination of mental retardation functions is
of the Department.
transferred from the Secretary for Human Relations to
the Director of Mental Hygiene in order to relieve the
Explanatory Material:
Secretary of direct administrative responsibilities. The
The Department, in cooperation with local health de-
Director heads the operating unit of government having
partments, is responsible for the prevention of disease
the basic mental retardation responsibility. A saving of
and the provision of a healthful environment for the
approximately $25,000 will result from this reorganiza-
people of California.
tion.
The move of the atomic energy development function of
the Office of Atomic Energy Development and Radiation
Statutes Suspended:
Protection to the Resources Agency (explanatory material
None
concerning this transfer is set forth under the descrip-
tion of the Office of Nuclear Energy, page 30) formalizes
a working arrangement whereby the Department of Public
- 34 -
- 35 -
Health retains the basic responsibility for radiation pro-
The positions in the new Department are the same posi-
tection.
tions as were in the Office of Health Care Services though
Pursuant to statute (Health and Safety Code Section
the title of Director is new. No additional funding is re-
25600), it is 'the policy of this State that the State De-
quired as a result of this reorganization.
partment of Public Health initiate and administer neces-
The duties and responsibilities of the Director of Health
sary programs of surveillance and control of those activi-
Care Services appear to be comparable to those of the
ties which could lead to the introduction of radioactive
Directors enumerated in Government Code Section 11556,
materials into the environment".
with compensation set by the Legislature at $22,500 per
No additional funding is required as a result of this
annum.
change.
Statutes Suspended:
Statutes Suspended:
None
None
Statutes Requiring Amendment:
Statutes Requiring Amendment:
Government Code Section 12800
Government Code Sections 12800, 12803
Welfare and Institutions Code
E. DEPARTMENT OF HEALTH CARE SERVICES
Sections 14061, 14062, and 14100.1
A Department of Health Care Services is established in
F. DEPARTMENT OF REHABILITATION
the Human Relations Agency.
There is 110 reorganization or change in the objectives of this
The Department is under the control of an Executive Offi-
Department.
cer known as the Director of Health Care Services. The Di-
Explanatory Material:
rector is appointed by, and holds office at, the pleasure of the
This Department assists and encourages handicapped
Governor. The appointment of the Director is subject to con-
individuals to prepare for and engage in gainful employ-
firmation by the Senate. The annual salary of the Director
ment to the extent of their capabilities and subsequently,
shall be fixed by the Legislature.
to increase their social and economic well-being.
The general powers and authorities of the Director are as
Statutes Suspended:
defined in Sections 11151 through 11157 of the Government
None
Code. The Director shall be the appointing authority for all
Statutes Requiring Amendment:
officers and employees of the Department of Health Care
Government Code Sections 12800, 12803
Services.
The specific powers and duties relating to a State plan for
G. DEPARTMENT OF SOCIAL WELFARE
medical care (Medi-Cal) of the Administrator of the Health
There is no reorganization or change in the objectives of
and Welfare Agency under Chapters 7 and 8, Division 9, Wel-
this Department.
fare and Institutions Code (commencing with Section 14000)
Explanatory Material:
are transferred to the Director of Health Care Services.
The programs of the Department of Social Welfare
are directed to the conservation of human resources in
Explanatory Material:
California, support and maintenance of the needy, pro-
This Department is created because the scope of the
tection of the public against substandard facilities and
Medi-Cal Program is of such magnitude it logically should
services for children and aged persons, and support of
attain departmental status. In keeping with the intent of
the community and local agency resources required to
freeing the Secretary for Human Relations from direct
meet the needs of disadvantaged people.
administrative duties, the Director of Health Care Serv-
ices is charged with the appropriate administrative fune-
Statutes Suspended:
tions.
None
- 36 -
- 37 -
Statutes Requiring Amendment:
J. DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
Government Code Sections 12800, 12803
A Department of Human Resources Development is estab-
lished in the Human Relations Agency.
H. DEPARTMENT OF EMPLOYMENT
The Department is under the control of an Executive Officer
There is no reorganization or change in the objectives of this
known as the Director of Human Resources Development. The
Department except it is in the Human Relations Agency.
Director is appointed by, and holds office at, the pleasure of
Explanatory Material:
the Governor. The appointment of the Director is subject to
The Department of Employment is in the Human Re-
confirmation by the Senate. The annual salary of the Director
lations Agency because it shares in the Agency goal of
shall be fixed by the Legislature.
maintaining or restoring self-sufficiency to Californians
General powers and authorities of the Director are as de-
through the Department's manpower assistance program
fined in Sections 11151 through 11157 of the Government
and its income maintenance programs. It has a special
Code. The Director shall be the appointing authority for all
interest in the disadvantaged citizens and its Federally
officers and employees of the Department of Human Resources
funded training programs are specifically directed to the
training and job placement of individuals from poverty
Development except for the exempt appointees of the Cali-
areas.
fornia Commission on Aging and the State Advisory Commis-
sion in Indian Affairs. Personnel of other departments who
Statutes Suspended:
are assigned to Service Centers remain appointees of their
None
respective directors.
Statutes Requiring Amendment:
Explanatory Material:
Unemployment Insurance Code Section 301
The Department is formed in order to respond more di-
1. DEPARTMENT OF INDUSTRIAL RELATIONS
rectly to the special needs of the "hard core" unemployed,
of the disadvantaged and near disadvantaged, of the senior
There is no reorganization or change in the objectives of
citizens, and of other groups with distinctive requirements.
this Department except it is in the Human Relations Agency.
The consolidation of existing governmental units into the
Explanatory Material:
Department of Human Resources Development reduces
potential duplication and brings independent or autono-
The Department has programs designed to promote and
mous units into a program relationship for optimum ef-
develop the welfare of the wage earners of the State, to
fectiveness. The reorganization allows better fiscal coordi-
improve their working conditions, and advance their op-
nation and provides an administrative framework wherein
portunities for profitable employment.
various Federal and State funds can be associated con-
The Department of Industrial Relations is in the Hu-
sistent with the block grant concept of Federal funding.
man Relations Agency because it shares in the Agency
In 1967 the Legislature established the Job Training and
goals. Its Federally funded training programs are spe-
Placement Council (Government Code Sections 12805,
cifically directed to the training and job placement of in-
12806, 12090) to examine the need for improved effective-
dividuals from poverty areas.
ness and better coordination of job training and placement.
Statutes Suspended:
The work of the Council is clearly associated with the goals
None
of the Department of Human Resources Development. The
Council terminates by statute in December 1968, therefore,
Statutes Requiring Amendment:
it does not appear appropriate to include it in the Depart-
Labor Code Sections 50, 53, 54
ment. Administratively, the work of the Council and the
Department is being coordinated.
In 1964, the State Office of Economic Opportunity was
established in the Governor's Office pursuant to the U.S.
- 38 -
- 39
Economic Opportunity Act. This plan does not reorganize
Statutes Suspended:
or change the objectives of the Office of Economic Oppor-
None
tunity. However, the work of the Office and the Depart-
ment of Human Resources Development will be coordi-
Statutes Requiring Amendment:
nated by administrative action. See page 52 for a
None
description of the State Office of Economic Opportunity.
Staffing of the Department with a Director and his staff
2. The California Commission on Aging is not reorganized
will be accomplished without additional costs. Funding of
or changed except it is in the Department of Human Resources
the office will be derived from savings made through com-
Development (formerly in the Health and Welfare Agency).
bining several units of Government.
The duties and responsibilities of the Director of Hu-
Explanatory Material:
man Resources Development appear to be comparable to
The Commission advises the Governor on action needed
those of the Directors enumerated in Government Code
to meet the needs of older persons, consults with local com-
Section 11557, with compensation set by the Legislature
munities on matters affecting the well being of older
at $21,500 per annum.
Californians, works for coordinated use of resources and
serves as a clearing house on information relative to
Statutes Suspended:
aging.
None
Including the Commission in the Department of Human
Statutes Requiring Amendment:
Resources Development serves to reduce the span of con-
Government Code Section 12803
trol of the Secretary for Human Relations in that the
Appropriate statutes to establish the Department in
Commission was formerly in the Administrator's Office
the Human Relations Agency and delineate the agen-
and required his attention. The Commission will retain
its functions and appointing authority for its confidential
cies in the Department.
employee but staff services are to be provided by the De-
Included in the Department of Human Resources Develop-
partment of Human Resources Development.
ment are:
Statutes Suspended:
1. Service Center Program
None
2. California Commission on Aging
Statutes Requiring Amendment:
3. State Advisory Commission on Indian Affairs
Welfare and Institutions Code Sections 18300, 18303,
1. The Service Center Program retains the same objectives
18305
and functions and is in the Department of Human Resources
3. The State Advisory Commission on Indian Affairs is not
Development (formerly in the Governor's Office).
reorganized or changed except it is in the Department of
Explanatory Material:
Human Resources Development (formerly in the Governor's
The Service Center Program was authorized by the 2nd
Office).
Extraordinary Session of the 1966 Legislature and was
Explanatory Material:
established in the Governor's Office by Executive Order
The Commission advises the Governor and the Legis-
66-11 in July 1966.
lature on problems of American Indians living in Cali-
The program is directed toward equalizing opportunities
fornia. Including the Commission in the Department of
for the disadvantaged residents of areas of intensive
Human Resources Development brings the main concerns
poverty and assisting them in their efforts to achieve so-
of the Commission into a departmental setting wherein
cial and economic self-sufficiency.
solutions can be directly sought.
This reorganization will result in more effective use of
The Commission will retain its functions and the ap-
public resources and contribute to a coordinated approach
pointing authority for its confidential employee, will con-
to basic human problems.
tinue to report its findings to the Governor and to the
- 40 -
- 41 -
Legislature, but staff services are to be provided to the
The Department of Agriculture continues to have Cab-
Commission by the Department of Human Resources
inet representation, which has proven to be of value and
Development.
in the public interest. The Executive Branch benefits from
the improved coordination and communication resulting
Statutes Suspended:
from a more equal balance of responsibility among the
None
four members of the Governor's Cabinet.
Statutes Requiring Amendment:
Statutes Suspended:
Government Code Section 8110
None
Statutes Requiring Amendment:
AGRICULTURE AND SERVICES
Amend the Government Code to delineate the agen-
The Agriculture and Services Agency consists of the follow-
cies included in the Agriculture and Services Agency.
ing:
A. DEPARTMENT OF AGRICULTURE
A. Department of Agriculture
There is no change in the basic objectives of this Depart-
B. Department of General Services
ment. There is the following reorganization:
C. Department of Professional and Vocational Standards
1. The Museum of Science and Industry is transferred to
D. Department of Veterans Affairs
the Department of Commerce.
E. Department of Commerce
F. Public Employees' Retirement System
Explanatory Material:
G. State Teachers' Retirement System
Material concerning this transfer is set forth under the
H. Franchise Tax Board
description of the Department of Commerce, page 44.
I. State Fire Marshal
Statutes suspended:
None
Explanatory Material:
During 1967 the interim organization of the Executive
Statutes Requiring Amendment:
Branch has had a Cabinet Officer from Agriculture. This
Agriculture Code Section 20
plan continues Agriculture as one of the four areas of
major interest assigned a Cabinet Officer. The Cabinet
B. DEPARTMENT OF GENERAL SERVICES
Secretary for Agriculture and Services represents all
There is no reorganization or change in the objectives of this
units in his Agency to advantage.
Department except it is in the Agriculture and Services
The plan groups together with the Department of Agri-
culture several departments which are primarily admin-
Agency.
istrative and service oriented-Department of General
Explanatory Material:
Services, the Franchise Tax Board, the Department of
This Department was established in 1963 to provide for
Veterans Affairs, and the Department of Professional and
the centralization of the services necessary for the opera-
Vocational Standards. The plan also consolidates into a
tion of State Government.
new Department of Commerce a number of offices and
The major responsibilities of the Department of General
organizations which have been functioning independently
Services include planning, acquisition, leasing, construc-
in State Government.
tion, maintenance, and police protection of all State build-
Additionally, the Office of Consumer Counsel is trans-
ings and properties; purchasing; printing; architectural
ferred from the Governor's Office to the Agriculture and
services; administrative hearings; and accounting services.
Services Agency. (See page 49). This Office will be in-
Statutes Suspended:
cluded in the staff of the Agriculture and Services Agency
None
and will not be a part of any department.
Statutes Requiring Amendment:
Government Code Section 14601
- 42 -
- 43 -
C. DEPARTMENT OF PROFESSIONAL AND VOCATIONAL
STANDARDS
Director of Commerce is appointed by and holds office at the
pleasure of the Governor. The appointment of the Director is
There is no reorganization or change in the objectives of this
subject to confirmation by the Senate. The annual salary of
Department except it is in the Agriculture and Services
the Director shall be fixed by the Legislature. The confidential
Agency.
appointment entitled the Director, pursuant to Article XXIV,
Explanatory Material:
Section 4(a), Subsection (5), of the Constitution, shall be the
The Department of Professional and Vocational Stand-
Deputy Director of the Department.
ards is charged with providing centralized administrative
services to 34 boards and commissions which license per-
The general powers and authorities of the Director are
sons and firms of demonstrated knowledge and abilities.
defined in Sections 11151 through 11157 of the Government
These persons and firms provide services to the people of
Code. The Director of Commerce shall be the appointing au-
California through the practice of some 50 professions and
thority for all officers and employees of the Department of
vocations.
Commerce except for the San Francisco Port Authority and
Statutes Suspended:
the Museum of Science and Industry and for exempt appoint-
None
ees of the other authorities included in the Department. The
Statutes Requiring Amendment:
head of the Office of Tourism and Visitor Services is ap-
Business and Professions Code Section 100
pointed by the Governor. The Director coordinates the activ-
ities of the agencies in the Department.
D. DEPARTMENT OF VETERANS AFFAIRS
There is no reorganization or change in the objectives of this
Explanatory Material:
Department except it is in the Agriculture and Services
The Department will provide direction of the State's
programs for the promotion of the economic growth of
Agency.
California in both domestic and foreign trade.
Explanatory Material:
Each of the units included in the Department of Com-
The principal responsibilities of the Department of
merce was established to aid in the development of the
Veterans Affairs are to administer the State's programs
economic growth of the State. The combining of their
pertaining to veterans benefits and to assist veterans in
interrelated programs under a single department head will
acquiring farms and homes under California's program of
provide needed central direction to ensure coordination
long-term low-interest financing. This program has been
and avoid duplicating and parallel efforts.
in existence since 1921 and has performed its service at
Establishment of the Department of Commerce provides
no cost to the taxpayers of the State. The Department
not only an administrative advantage to the executive
provides medical and hospital domiciliary care for aged
branch of State Government, but it gives the private sec-
and disabled veterans on a cooperative basis with the Fed-
tor and local public sectors a single point of contact for
eral Government.
working with the State on developmental programs for
economic growth.
Statutes Suspended:
Staffing of the Department with a Director and his staff
None
will be accomplished without additional costs. Funding
Statutes Requiring Amendment:
of the office will be derived from savings made through
Military and Veterans Code Section 63
combining these several units of Government.
The duties and responsibilities of the Director of the
E. DEPARTMENT OF COMMERCE
Department of Commerce appear to be comparable to those
of the Directors enumerated in Government Code Section
A Department of Commerce is established in the Agriculture
11556, with compensation set by the Legislature at $22,500
and Services Agency.
per annum.
The Department of Commerce is under the control of an
Statutes Suspended:
Executive Officer known as the Director of Commerce. The
None
- 44
- 45
Statutes Requiring Amendment:
The facilities and activities of the Museum will provide a
Appropriate statutes to establish the Department in
valuable adjunct to the Department of Commerce in pub-
the Agriculture and Services Agency and delineate
licizing the capabilities of the State's industry and the
the agencies in the Department.
potential of new technologies for contributing to the
economic growth of the State.
Included in the Department of Commerce are:
Statutes Suspended:
1. Division of Economic Development
None
2. Museum of Science and Industry
3. San Francisco Port Authority
Statutes Requiring Amendment:
4. Office of Tourism and Visitor Services
Agricultural Code Sections 3857 and 4101
5. California World Trade Coordinating Council
6. San Francisco World Trade Authority
3. The San Francisco Port Authority is not reorganized or
7. Southern California World Trade Authority
changed except it is in the Department of Commerce (formerly
1. The Division of Economic Development is renamed from
unassigned to any agency or department).
the Economic Development Agency and is in the Department
Explanatory Material:
of Commerce (formerly in the Department of Finance). The
The authority, powers and operations of the Port Au-
position of Commissioner of the Economic Development
thority are unchanged. The Port of San Francisco houses
Agency is abolished. The function and powers of the Agency
the San Francisco World Trade Center, and its operations
and Commissioner are transferred to the Director of Com-
are a major element of California's world trade. Inclu-
sion of the Port in the Department of Commerce will
merce.
enable the department director to coordinate the opera-
Explanatory Material:
tions and relationships between the Port and World Trade
The function of the Division of Economic Development
Authorities. It will facilitate the collection of data from
for collecting economic and business data for the State,
the Port's operations significent to the determination of
and disseminating the information to both the public and
the status of the State's economy and its economic growth.
private sector to provide assistance in determining the
The Port will benefit from a closer association with the
State's economic status and measurement of its growth,
State's activities for fostering and promoting economic
applies to all business and industry segments which fall
development.
within the scope of the Director's responsibility. There-
fore, all powers and functions reside with the Director of
Statutes Suspended:
Commerce.
None
Statutes Suspended:
Statutes Requiring Amendment:
None
Harbors and Navigation Code Section 1700
Statutes Requiring Amendment:
4. Office of Tourism and Visitor Services is not reorganized
Government Code Sections 13481, 13490, 11558.2
or changed except is in the Department of Commerce (for-
merly in the Governor's Office) and the appointing authority
2. The Muscum of Science and Industry is not reorganized
for all employees of the Office is the Director of Commerce, ex-
or changed except it is in the Department of Commerce (for-
cept the head of this Office is appointed by the Governor.
merly in the Department of Agriculture).
Explanatory Material:
Explanatory Material:
The Office of Tourism and Visitor Services is concerned
The programs and exhibits of the Museum are directed
with assisting in the development of a specialized in-
toward informing and educating the public at large with
dustry within the State's economy. Its activities are
the origins and nature of California science and industry.
closely associated with the promotion of world trade and
- 46
- 47 -
domestic business and industrial development. It works
the Port of San Francisco, and participates and assists
with many of the same business and industrial organiza-
in the development of California's world trade. General
tions and associations engaged in economic development
policy for its operations is established by the World
as other components of the Department of Commerce. The
Trade Authority Coordinating Council. The Trade Cen-
requirements for continuing research and collection of
ter Authority works with many of the same business and
data can be substantially fulfilled from the capability
industrial organizations and associations as other com-
transferred to the Department of Commerce from the
ponents of the Department of Commerce. Its effective-
Economic Development Agency. The effectiveness of the
ness will therefore be improved by coordination and in-
State's assistance in the development of tourism will
tegration of its activities within the department.
therefore be significantly increased without a commen-
Statutes Suspended:
surate increase in staff and expense.
None
Statutes Suspended:
Statutes Requiring Amendment:
None
Government Code Sections 8335.1, 8340.2
Statutes Requiring Amendment:
Government Code Section 13891
7. The Southern California World Trade Center Authority
is not reorganized or changed except it is in the Department
5. The California World Trade Coordinating Council is not
of Commerce (formerly unassigned to any agency or depart-
reorganized or changed except it is in the Department of Com-
ment).
merce (formerly unassigned to any agency or department).
Explanatory Material:
Explanatory Material:
The powers and functions of the Authority are un-
changed. It was established to provide assistance to the
The World Trade Coordinating Council's authorities
Southern California area for development of that area's
and functions are unchanged. The Council's responsibility
world trade potential. It will operate the World Trade
for assisting in the development of world trade, including
Center library and World Trade Center when established.
international tourism and foreign industrial development
General policy for the Authority's activities are estab-
in California, will be coordinated and integrated with the
lished by the World Trade Authorities Coordinating
other components of economic development in the Depart-
Council. The Trade Center Authority works with many
ment of Commerce. The Council will benefit from the eco-
of the same business and industrial organizations and as-
nomic research and business data collection capability
sociations as other components of the Department of
resulting from the incorporation of the Economic Develop-
Commerce. Its effectiveness will therefore be improved by
ment Agency in the Department of Commerce.
coordination and integration of its activities within the
Statutes Suspended:
department.
None
Statutes Suspended:
Statutes Requiring Amendment:
None
Government Code Section 8330 and the
Statutes Requiring Amendment:
California World Trade Authorities Act
Government Code Sections 8435.1, 8440.2
6. The San Francisco World Trade Center Authority is not
F. PUBLIC EMPLOYEES' RETIREMENT SYSTEM
reorganized or changed except it is in the Department of
Commerce (formerly unassigned to any agency or depart-
There is no reorganization or change in the objectives of
ment).
this agency except it is in the Agriculture and Services
Explanatory Material:
Agency.
The powers and functions of the Authority are un-
changed. It operates the World Trade Center located at
- 48 -
- 49
Explanatory Material:
I. STATE FIRE MARSHAL
The Public Employees' Retirement System administers
three programs: a retirement program for State em-
There is no reorganization or change in the objectives of this
ployees; for employees of 1,700 other public employers,
agency except it is in the Agriculture and Services Agency.
for legislators, and for elected constitutional officers, ex-
cept judges; and the Social Security coverage program
Explanatory Material:
for California State employees' basic health plans.
The responsibility and objective of the State Fire Mar-
shal are to protect the lives and property of California
Statutes Suspended:
citizens from the effects of fire, panic, and explosion. This
None
responsibility is fulfilled by the establishment and en-
Statutes Requiring Amendment:
forcement of regulations regarding fire, panic, and ex-
plosion safety.
Government Code Sections 20004, 20005 and 20100
A substantial percentage of the field enforcement is
G. TEACHERS' RETIREMENT SYSTEM
delegated to local fire officials. A coordinated program for
administering State fire safety laws, rules, and regula-
There is no reorganization or change in the objectives of
tions has been established between the Office of the State
this agency except it is in the Agriculture and Services
Fire Marshal and local city, county and district fire
Agency.
officials.
Explanatory Material:
Statutes Suspended:
The Teachers' Retirement System was created by the
None
Legislature to provide a financially sound plan for the
retirement, with adequate retirement allowances, of teach-
Statutes Requiring Amendment:
ers in the public schools supported by the State, and other
Health and Safety Code Section 13100
persons employed in connection with the schools. The Re-
tirement System is managed by a nine member Teachers'
J. OFFICE OF CONSUMER COUNSEL
Retirement Board.
The Office of Consumer Counsel is transferred from the
Statutes Suspended:
Governor's Office to the Agriculture and Services Agency.
None
Explanatory Material:
Statutes Requiring Amendment:
The Consumer Counsel's interests in agricultural, busi-
Education Code Sections 13801 and 13851
ness and commercial practices which affect the public as
consumers are closely associated with other units of this
H. FRANCHISE TAX BOARD
Agency concerned with promoting the economic growth
There is no reorganization or change in the objectives of
of the State in an environment of public acceptance.
this Board except it is in the Agriculture and Services
Statutes Suspended:
Agency.
None
Explanatory Material:
Statutes Requiring Amendment:
This Board is responsible for the administration of the
Government Code Sections 12050-12057
State's Personal Income Tax and the Bank and Corpora-
Laws.
Statutes Suspended:
None
Statutes Requiring Amendment:
Government Code Section 15700
- 51 -
INDEPENDENT AGENCIES IN THE GOVERNOR'S OFFICE
D. INTERGOVERNMENTAL COUNCIL ON URBAN GROWTH
Article V of the Constitution of the State of California vests
The name of the Intergovernmental Council on Urban
supreme executive power for State Government in the Office
Growth is changed to the Council on Intergovernmental Rela-
of the Governor. The Office of the Governor is composed of his
tions. This Council is removed from the Governor's Office and
personal staff, and has had a variety of independent offices
established as a separate agency reporting directly to the Gov-
attached for administrative purposes. These offices are:
ernor's Office. In addition there are the following reorganiza-
tions:
A. Office of Tourism and Visitor Services
B. Office of Consumer Counsel
1. The only employee or staff person of the Council that
C. Service Center Program
the Governor shall appoint and remove is the Executive Secre-
D. Intergovernmental Council on Urban Growth
tary, who shall be the head of the agency. The Executive Secre-
E. State Office of Economic Opportunity
tary shall be the appointing authority for all other employees.
F. California Disaster Office
Explanatory Material:
G. Military Department
The Intergovernmental Council on Urban Growth is
A. OFFICE OF TOURISM AND VISITOR SERVICES
composed of representatives of State, county, city, school
boards, and public members. The name change to the
The Office of Tourism and Visitor Services is transferred to
Council on Intergovernmental Relations is to give a more
the Department of Commerce.
descriptive title to the proper responsibility of this Coun-
cil.
Explanatory Material:
The Governor was authorized by Government Code Sec-
Material concerning this transfer is set forth under the
tion 34205 to appoint the Executive Secretary and also
description of the Department of Commerce, page 45.
the other members of the staff. Since the Council is being
removed from the Governor's Office, the authority to ap-
B. OFFICE OF CONSUMER COUNSEL
point other persons besides the Council members and the
The Office of Consumer Counsel is transferred to the Agri-
Executive Secretary is being transferred to the Executive
Secretary.
culture and Services Agency.
Statutes Suspended:
Explanatory Material:
None
Material concerning this transfer is set forth under the
description of the Agriculture and Services Agency,
Statutes Requiring Amendment:
pages 40 and 49.
Government Code Sections 34200, 34205
C. SERVICE CENTER PROGRAM
2. The functions of local planning assistance of the State
The Service Center Program is transferred to the Depart-
Office of Planning (Government Code Sections 65012.1(c) ;
ment of Human Resources.
65013.2(e) ; 65017.1; 65017.2; 65017.3; 65018.1; 65018.2;
65018.3; and 65019.3) are transferred to the Council on Inter-
Explanatory Material:
governmental Relations.
Material concerning this transfer is set forth under the
description of the Department of Human Resources,
Explanatory Material:
page 38.
The relationship of intergovernmental actions is increas-
ingly significant in the management of the State's affairs.
An improved mechanism is needed to relate local, regional
and Federal developments with overall State plans and
programs. The consolidation of local planning functions
(50)
- 52 -
- 53 -
with the Council on Intergovernmental Relations provides
F. CALIFORNIA DISASTER OFFICE
this mechanism together with the personnel resources to
carry on the essential staff work. The functions of ad-
There is no reorganization or change in the objectives of
ministering Federal grant programs and providing assist-
this Office. It reports direct to the Governor's Office.
ance to local planning efforts will be carried on under the
Explanatory Material:
general guidance of the Council. Clearer alignment of im-
portant State planning functions with comprehensive
The Disaster Office plans for and coordinates the use of
policy development is thus possible. In addition to supply-
State resources in all types of emergency situations (such
ing much desired intergovernmental services, this reor-
as floods, major fires, riots and war caused disasters).
ganization will simplify the structure of State Government
Recognizing the urgency of instant communication in
and identify a central forum for the resolution of major
emergency situations, the Disaster Office needs close liai-
intergovernmental problems. No additional funds are re-
son and communication with the Office of the Governor.
quired in this transfer.
Statutes Suspended:
Statutes Suspended:
None
None
Statutes Requiring Amendment:
Statutes Requiring Amendment:
None
Government Code Sections 65012.1 (c) ; 65013.2(c)
G. MILITARY DEPARTMENT
65017.1; 65017.2; 65017.3; 65018.1; 65018.2; 65018.3;
and 65019.3
There is no reorganization or change in the objective of this
Department. It reports direct to the Governor's Office.
E. THE STATE OFFICE OF ECONOMIC OPPORTUNITY
Explanatory Material:
There is no reorganization or change in the objectives of
The Military Department, which includes the Army Na-
this Office.
tional Guard and the Air National Guard, provides the
Explanatory Material:
military forces available to the Governor for handling
emergencies within California.
The State Office of Economic Opportunity was estab-
lished in the Governor's Office by Executive Authority in
Recognizing the urgency of instant communication in
September 1964, pursuant to the U.S. Economic Oppor-
emergency situations, the Military Department needs close
tunity Act. Its function is threefold: (1) to advise the
liaison and communication with the Office of the Governor.
Governor with regard to his responsibilities on the Federal
Statutes Suspended:
War on Poverty (PL 88-452), (2) to provide technical
None
assistance to local communities applying for antipoverty
grants, and (3) to administer the State Migrant Master
Statutes Requiring Amendment:
Plan.
None
The Office provides liaison with Federal, State, local
goverument and private activities aimed at poverty pre-
vention and reduction. As such, its activities will be closely
coordinated with the work of the Department of Human
Resources Development in order to produce an effective
program. For a description of the Department of Human
Resources Development see page 37.
FINANCE
GENERAL PROVISIONS
There is no change in the basic objectives of the Depart-
TRANSFER OF EMPLOYEES
ment of Finance. The Director of this Department is the Gov-
ernor's chief fiscal and policy advisor. There are the following
In accordance with Government Code Sections 12073 and
19370, all employees serving in the state civil service, other
reorganizations:
than temporary employees, who are engaged in the perform-
A. The State Lands Commission and the Division of State
ance of a function transferred to another agency, or engaged
Lands are transferred to the Department of Conserva-
in the administration of a law, the administration of which
tion.
is transferred to another agency by this Reorganization Plan,
Explanatory Material:
are transferred to the agency to which such function or admin-
Material concerning this transfer is set forth under the
instration is transferred. The personnel records of all trans-
description of the Department of Conservation, page 26.
ferred employees shall be transferred to the agency to which
B. The Economic Development Agency is transferred to the
the employee is transferred. The status, positions, and rights
Department of Commerce.
of such persons shall not be affected by their transfer and shall
Explanatory Material:
continue to be retained by them pursuant to the State Civil
Material concerning this transfer is set forth under the
Service Act, except as to positions the duties of which are
description of the Department of Commerce, page 44.
vested in a position exempt from civil service. If any doubt
C. The functions of the Local Planning Section in the State
arises as to where such employees are transferred, the Per-
Planning Office (Government Code Sections 65012.1 (c) ;
sonnel Board shall determine where an employee is transferred.
65013.2(e) ; 65017.1; 65017.2; 65017.3; 65018.1 65018.2;
Explanatory Material:
65018.3; and 65019.3) are transferred to the Council on
This provision is required by Government Code Section
Intergovernmental Relations.
12073 (e) and (d).
Explanatory Material:
TRANSFER OF PROPERTY
Material concerning this transfer is set forth under the
description of the Council on Intergovernmental Rela-
The property of any agency affected by this reorganization
tions, page 51.
is transferred to the agency to which the function or admin-
istration has been transferred. If any doubt arises as to where
such property is transferred, the Department of General Serv-
ices shall determine where the property is transferred. The
property of any agency which is abolished shall be transferred
to the Department of General Services.
Explanatory Material:
This provision is required by Government Code Section
12073 (d)
TRANSFER OF FUNDS
All unexpended balances of appropriations and other funds
available for use in connection with any function or the admin-
(54)
(55)
- 56 -
istration of any law transferred by this Reorganization Plan
shall be transferred to the agency to which the function or
administration has been transferred for use for the purpose
for which the appropriation was originally made or the funds
originally available. If there is any doubt as to where such
balances and funds are transferred, the Department of Finance
shall determine where such balances and funds are transferred.
Explanatory Material:
This provision is required by Government Code Section
12073 (e)
TERMINATION OF AGENCIES ABOLISHED
The affairs of any agency abolished by this Reorganization
Plan shall be terminated as rapidly as possible. Such termina-
tion shall be the responsibility of the following
The Secretary for Business and Transportation shall be
be responsible for the termination of the affairs of the De-
partment of Investment and the Board of Investment.
Explanatory Material:
This provision is required by Government Code Section
12073 (f)
O
printed in CALIFORNIA OFFICE OF STATE PRINTING
76404-401 1-68 1M
REORGANIZATION PLAN NO. I OF 1968, CALIFORNIA
GOVERNOR
FINANCE
COUNCIL ON
MILITARY
DISASTER
INTERGOVERNMENTAL
RELATIONS
DEPARTMENT
OFFICE
SECRETARY FOR
SECRETARY
SECRETARY FOR
SECRETARY FOR
BUSINESS AND
FOR
HUMAN
AGRICULTURE AND
TRANSPORTATION
RESOURCES
RELATIONS
SERVICES
AERONAUTICS
CONSERVATION
CORRECTIONS
AGRICULTURE
CALIFORNIA
FISH AND GAME
MENTAL HYGIENE
GENERAL SERVICES
HIGHWAY PATROL
HARBORS AND
MOTOR VEHICLES
YOUTH AUTHORITY
P & V STANDARDS
WATERCRAFT
PARKS AND
PUBLIC WORKS
RECREATION
PUBLIC HEALTH
VETERANS AFFAIRS
BANKING
WATER RESOURCES
HEALTH CARE
COMMERCE
SERVICES
AIR RESOURCES
EMPLOYEES'
CORPORATIONS
REHABILATATION
BOARD
RETIREMENT SYSTEM
HOUSING AND
COLORADO RIVER
TEACHERS'
COMMUNITY
SOCIAL WELFARE
DEVELOPMENT
BOARD
RETIREMENT SYSTEM
STATE
INSURANCE
WATER RESOURCES
EMPLOYMENT
FRANCHISE TAX BOARD
CONTROL BOARD
INDUSTRIAL
REAL ESTATE
RELATIONS
FIRE MARSHAL
HUMAN RESOURCES
SAVINGS AND LOAN
1/29/68
DEVELOPMENT
STATE
MILITARY
DEPARTMENT OF
CALIFORNIA
STATE EMPLOYEES
DEPARTMENT OF
DEPARTMENT OF
FRANCHISE
FIRE MARSHAL
DEPARTMENT
VETERANS AFFAIRS
DISASTER OFFICE
RETIREMENT SYSTEM
GENERAL SERVICES
STATE
FINANCE
TAX BOARD
PERSONNEL E
STATUTORY ORGANIZATION -- 1966, CALIFORNIA
GOVERNOR
SUPERINTENDENT
SECRETARY
STATE
LIEUTENANT
STATE
BOARD OF
OF PUBLIC
AT
OF STATE
INSTRUCTION
CONTROLLER
GOVERNOR
TREASURER
EQUALIZATION
GE
DEPARTMENT OF
DEPA
EDUCATION
OF
DEPARTMENT OF
OF
FRANCHISE
STATE
HOUSING & COMMUNITY
HEALTH AND WELFARE
YOUTH AND ADULT
PERSONNEL BOARD
CORRECTIONS
RESOURCES
TRANSPORTATION
DEPARTMENT OF
E
TAX BOARD
DEVELOPMENT
ADMINISTRATOR
ADMINISTRATOR
ADMINISTRATOR
ADMINISTRATOR
AGRICULTURE
DEPARTMENT OF
DEPARTMENT OF
DEPARTMENT OF
DEPARTMENT OF
MENTAL HYGIENE
CALIFORNIA
CORRECTIONS
CONSERVATION
HIGHWAY PATROL
DEPARTMENT OF
DEPARTMENT OF THE
DEPARTMENT OF
DEPARTMENT OF
PUBLIC HEALTH
YOUTH AUTHORITY
FISH AND GAME
MOTOR VEHICLES
DEPARTMENT OF
DEPARTMENT OF
DEPARTMENT OF
REHABILATATION
HARBORS AND
WATERCRAFT
PUBLIC WORKS
DEPARTMENT OF
DEPARTMENT OF
SOCIAL WELFARE
PARKS AND
RECREATION
DEPARTMENT OF
WATER RESOURCES
BOARD OF
ATTORNEY
EQUALIZATION
GENERAL
DEPARTMENT
OF JUSTICE
DEPARTMENT OF
DEPARTMENT OF
DEPARTMENT OF
BANKING
ALCOHOLIC BEVERAGE
DIVISION OF
DIVISION OF
DEPARTMENT OF
REAL ESTATE DIVISION
EMPLOYMENT
DUSTRIAL RELATIONS
CONTROL
DEPARTMENT
CORPORATIONS
SAVINGS AND LOAN
AGRICULTURE
KING
DIVISION OF
DIVISION OF
REAL ESTATE DIVISION
DEPARTMENT OF
DEPARTMENT OF
PUBLIC UTILITIES
PROFESSIONAL AND
TMENT
CORPORATIONS
SAVINGS ANO LOAN
INSURANCE
VOCATIONAL STANDARDS
COMMISSION
STATUTORY ORGANIZATION -- 1966, CALIFORNIA
GOVERNOR
THE
=
INC.
=
II
A