State Codes and Statutes

Statutes > California > Gov > 12080-12081.2

GOVERNMENT CODE
SECTION 12080-12081.2



12080.  As used in this article:
   (a) "Agency" means any statewide office, nonelective officer,
department, division, bureau, board, commission or agency in the
executive branch of the state government, except that it shall not
apply to any agency whose primary function is service to the
Legislature or judicial branches of state government or to any agency
that is administered by an elective officer. "Agency that is
administered by an elective officer" includes the State Board of
Equalization but not a board or commission on which an elective
officer serves in an ex officio capacity.
   (b) "Reorganization" means:
   (1) The transfer of the whole or any part of any agency, or of the
whole or any part of the functions thereof, to the jurisdiction and
control of any other agency; or
   (2) The abolition of all or any part of the functions of any
agency; or
   (3) The consolidation or coordination of the whole or any part of
any agency, or of the whole or any part of the functions thereof,
with the whole or any part of any other agency or the functions
thereof; or
   (4) The consolidation or coordination of any part of any agency or
the functions thereof with any other part of the same agency or the
functions thereof; or
   (5) The authorization of any nonelective officer to delegate any
of his functions; or
   (6) The abolition of the whole or any part of any agency which
agency or part does not have, or upon the taking effect of a
reorganization plan will not have, any functions.
   (7) The establishment of a new agency to perform the whole or any
part of the functions of an existing agency or agencies.
   (c) "Resolution" means a resolution of either house of the
Legislature resolving as follows:

  "That the________________________does not favor
                (Assembly or Senate)
  Reorganization Plan No.__________transmitted to
              (Insert number of plan)
  the Legislature by the Governor on_____________
                     (Insert date of transmittal)
  and recommends that the plan be assigned to the
  _____________________________________________."
           (Insert appropriate committee)




12080.1.  The Governor, from time to time, shall examine the
organization of all agencies and shall determine what changes therein
are necessary to accomplish one or more of the following purposes:
   (a) To promote the better execution of the laws, the more
effective management of the executive and administrative branch of
the state government and of its agencies and functions and the
expeditious administration of the public business;
   (b) To reduce expenditures and promote economy to the fullest
extent practicable consistent with the efficient operation of the
state government;
   (c) To increase the efficiency of the operation of the state
government to the fullest extent practicable;
   (d) To group, consolidate and coordinate agencies and functions
thereof as nearly as possible according to major purposes;
   (e) To reduce the number of agencies by consolidating those having
similar functions under a single head and to abolish such agencies
or functions thereof as may not be necessary for the efficient
operation of the state government;
   (f) To eliminate overlapping and duplication of effort.
   The Legislature declares that the public interest requires the
carrying out of the purposes set forth in this section, and that such
purposes may be accomplished more speedily and effectively under
this article than by the enactment of specific legislation.




12080.2.  Whenever the Governor finds that reorganization is in the
public interest, he shall prepare one or more reorganization plans in
the form and language of a bill as nearly as practicable and
transmit each, bearing an identifying number, to the Legislature,
with a declaration that, with respect to each reorganization included
in the plan, he has so found. The delivery to both houses may be at
any time during a regular session of the Legislature. The Governor,
in his message transmitting a reorganization plan, shall explain the
advantages which it is probable will be brought about by the taking
effect of the reorganization included in the plan, and he shall
specify with respect to each abolition of a function included in the
plan the statutory authority for the exercise of the function.
Reorganization plans submitted to the Legislature pursuant to this
section shall express clearly and specifically the nature and
purposes of the plan or plans.
   Upon receipt of a reorganization plan, the Rules Committee of the
Senate and the Speaker of the Assembly shall refer the plan to a
standing committee of their respective houses for study and a report.
Such report shall be made at least 10 days prior to the end of the
60-day period described in Section 12080.5 and may include the
committee's recommendation with respect to a resolution.
   A resolution, by floor motion, as defined in subdivision (c) of
Section 12080, may only be in order following a committee report or
at any time during the last 10 days prior to the end of the 60-day
period described in Section 12080.5. Such resolution shall be voted
upon without referral to committee.



12080.3.  Each reorganization plan transmitted by the Governor under
this article:
   (a) May change the name of any agency affected by a reorganization
and the title of its head, and shall designate the name of any
agency resulting from a reorganization and the title of its head.
   (b) May include provisions, in accordance with Article VII of the
California Constitution, for the appointment of the head and one or
more other officers of any agency, including an agency resulting from
a consolidation or other type of reorganization, if the Governor
finds, and in his or her message transmitting the plan declares, that
by reason of a reorganization made by the plan the provisions are in
the public interest. The head may be an individual or a commission
or board with two or more members. In any case, the appointment of
the agency head shall be subject to confirmation by the Senate. The
term of office of any appointee, if any is provided, shall be fixed
at not more than four years. The Legislature shall fix the
compensation of all department heads and officers who are not subject
to Article VII of the California Constitution.
   (c) Shall provide for the transfer of employees serving in the
state civil service, other than temporary employees, who are engaged
in the performance of a function transferred to another agency or
engaged in the administration of a law, the administration of which
is transferred to the agency, by the reorganization plan. The status,
positions, and rights of those persons shall not be affected by
their transfer and shall continue to be retained by them pursuant to
the State Civil Service Act (Part 2 (commencing with Section 18500)
of Division 5), except as to positions the duties of which are vested
in a position exempt from civil service.
   (d) Shall provide for the transfer or other disposition of the
personnel records and property affected by any reorganization.
   (e) Shall provide for the transfer of unexpended balances of
appropriations and of other funds available for use in connection
with any function or agency affected by a reorganization, as the
Governor deems necessary by reason of the reorganization, for use in
connection with the functions affected by the reorganization or for
the use of the agency that has these functions after the
reorganization plan becomes effective. Transferred balances shall be
used only for the purpose for which the appropriation was originally
made.
   (f) Shall provide for terminating the affairs of any agency
abolished.
   (g) Shall enumerate all acts of the Legislature that will be
suspended if the reorganization plan becomes effective.




12080.4.  No reorganization plan shall provide for, and no
reorganization under this article shall have the effect of:
   (a) Continuing any agency beyond the period authorized by law for
its existence, or beyond the time when it would have terminated if
the reorganization had not been made;
   (b) Continuing any function beyond the period authorized by law
for its exercise, or beyond the time when it would have terminated if
the reorganization had not been made;
   (c) Authorizing any agency to exercise any function which is not
expressly authorized by law to be exercised by an agency in the
executive branch at the time the plan is transmitted to the
Legislature;
   (d) Increasing the term of any office beyond that provided by law
for the office; or
   (e) Abolishing any agency created by the California Constitution,
or abolishing or transferring to the jurisdiction and control of any
other agency any function conferred by the California Constitution on
an agency created by that Constitution.



12080.5.  Except as otherwise provided in this section, a
reorganization plan submitted pursuant to this article shall become
effective the first day after 60 calendar days of continuous session
of the Legislature after the date on which the plan is transmitted to
each house or at a later date as may be provided by the plan,
unless, prior to the end of the 60-calendar-day period, either house
of the Legislature adopts by a majority vote of the duly elected and
qualified members thereof a resolution, as defined in subdivision (c)
of Section 12080.
   As used in this section "60 calendar days of continuous session"
shall be deemed broken only by an adjournment sine die, but in
computing the 60 calendar days for the purposes of this provision
days on which either house is not in session because of a recess of
more than 10 days to a day certain shall not be included.



12080.6.  No reorganization plan shall have the effect of limiting
in any way the validity of any statute enacted, or any regulation or
other action made, prescribed, issued, granted or performed in
respect to or by any agency before the effective date of the
reorganization plan except to the extent that the plan specifically
so provides.
   As used in this section "regulation or other action" means any
regulation, rule, order, policy, determination, directive,
authorization, permit, privilege, requirement, designation, or other
action.


12080.7.  No suit, action or other proceeding lawfully commenced by
or against the head of any agency or other officer of the state, in
his official capacity or in relation to the discharge of his official
duties, shall abate by reason of the taking effect of any
reorganization plan under the provisions of this article.




12080.8.  From the effective date of a reorganization plan, and as
long as it is in effect, the operation of any prior act of the
Legislature inconsistent therewith shall be suspended insofar as it
is inconsistent with the reorganization plan.




12080.9.  Each reorganization plan which takes effect shall be
printed in the same volume as the acts of the session of the
Legislature to which it was submitted.



12081.  The Legislative Counsel shall prepare for introduction not
later than the next regular session of the Legislature occurring more
than 90 days after that in which a Governor's reorganization plan
takes effect a bill effecting such changes in the statutes as may be
necessary to reflect the changes made by the reorganization plan.
   The purpose of this section is to insure that statutory law is
amended to conform with the changes made by the reorganization plan,
but failure to enact such a bill shall not affect the validity of the
plan.


12081.1.  It is the intention of the Legislature in delegating
legislative power to the Governor by this article pursuant to the
authorization contained in Section 6 of Article V of the California
Constitution to retain the right of review of the Governor's action
by means of action by either house of the Legislature recommending
study of any proposal submitted to it.



12081.2.  If any provision of this act or the application thereof,
except Section 12080.5, to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or
applications of the act which can be given effect without the invalid
provision or application, and to this end the provisions of this
act, except Section 12080.5, are severable.


State Codes and Statutes

Statutes > California > Gov > 12080-12081.2

GOVERNMENT CODE
SECTION 12080-12081.2



12080.  As used in this article:
   (a) "Agency" means any statewide office, nonelective officer,
department, division, bureau, board, commission or agency in the
executive branch of the state government, except that it shall not
apply to any agency whose primary function is service to the
Legislature or judicial branches of state government or to any agency
that is administered by an elective officer. "Agency that is
administered by an elective officer" includes the State Board of
Equalization but not a board or commission on which an elective
officer serves in an ex officio capacity.
   (b) "Reorganization" means:
   (1) The transfer of the whole or any part of any agency, or of the
whole or any part of the functions thereof, to the jurisdiction and
control of any other agency; or
   (2) The abolition of all or any part of the functions of any
agency; or
   (3) The consolidation or coordination of the whole or any part of
any agency, or of the whole or any part of the functions thereof,
with the whole or any part of any other agency or the functions
thereof; or
   (4) The consolidation or coordination of any part of any agency or
the functions thereof with any other part of the same agency or the
functions thereof; or
   (5) The authorization of any nonelective officer to delegate any
of his functions; or
   (6) The abolition of the whole or any part of any agency which
agency or part does not have, or upon the taking effect of a
reorganization plan will not have, any functions.
   (7) The establishment of a new agency to perform the whole or any
part of the functions of an existing agency or agencies.
   (c) "Resolution" means a resolution of either house of the
Legislature resolving as follows:

  "That the________________________does not favor
                (Assembly or Senate)
  Reorganization Plan No.__________transmitted to
              (Insert number of plan)
  the Legislature by the Governor on_____________
                     (Insert date of transmittal)
  and recommends that the plan be assigned to the
  _____________________________________________."
           (Insert appropriate committee)




12080.1.  The Governor, from time to time, shall examine the
organization of all agencies and shall determine what changes therein
are necessary to accomplish one or more of the following purposes:
   (a) To promote the better execution of the laws, the more
effective management of the executive and administrative branch of
the state government and of its agencies and functions and the
expeditious administration of the public business;
   (b) To reduce expenditures and promote economy to the fullest
extent practicable consistent with the efficient operation of the
state government;
   (c) To increase the efficiency of the operation of the state
government to the fullest extent practicable;
   (d) To group, consolidate and coordinate agencies and functions
thereof as nearly as possible according to major purposes;
   (e) To reduce the number of agencies by consolidating those having
similar functions under a single head and to abolish such agencies
or functions thereof as may not be necessary for the efficient
operation of the state government;
   (f) To eliminate overlapping and duplication of effort.
   The Legislature declares that the public interest requires the
carrying out of the purposes set forth in this section, and that such
purposes may be accomplished more speedily and effectively under
this article than by the enactment of specific legislation.




12080.2.  Whenever the Governor finds that reorganization is in the
public interest, he shall prepare one or more reorganization plans in
the form and language of a bill as nearly as practicable and
transmit each, bearing an identifying number, to the Legislature,
with a declaration that, with respect to each reorganization included
in the plan, he has so found. The delivery to both houses may be at
any time during a regular session of the Legislature. The Governor,
in his message transmitting a reorganization plan, shall explain the
advantages which it is probable will be brought about by the taking
effect of the reorganization included in the plan, and he shall
specify with respect to each abolition of a function included in the
plan the statutory authority for the exercise of the function.
Reorganization plans submitted to the Legislature pursuant to this
section shall express clearly and specifically the nature and
purposes of the plan or plans.
   Upon receipt of a reorganization plan, the Rules Committee of the
Senate and the Speaker of the Assembly shall refer the plan to a
standing committee of their respective houses for study and a report.
Such report shall be made at least 10 days prior to the end of the
60-day period described in Section 12080.5 and may include the
committee's recommendation with respect to a resolution.
   A resolution, by floor motion, as defined in subdivision (c) of
Section 12080, may only be in order following a committee report or
at any time during the last 10 days prior to the end of the 60-day
period described in Section 12080.5. Such resolution shall be voted
upon without referral to committee.



12080.3.  Each reorganization plan transmitted by the Governor under
this article:
   (a) May change the name of any agency affected by a reorganization
and the title of its head, and shall designate the name of any
agency resulting from a reorganization and the title of its head.
   (b) May include provisions, in accordance with Article VII of the
California Constitution, for the appointment of the head and one or
more other officers of any agency, including an agency resulting from
a consolidation or other type of reorganization, if the Governor
finds, and in his or her message transmitting the plan declares, that
by reason of a reorganization made by the plan the provisions are in
the public interest. The head may be an individual or a commission
or board with two or more members. In any case, the appointment of
the agency head shall be subject to confirmation by the Senate. The
term of office of any appointee, if any is provided, shall be fixed
at not more than four years. The Legislature shall fix the
compensation of all department heads and officers who are not subject
to Article VII of the California Constitution.
   (c) Shall provide for the transfer of employees serving in the
state civil service, other than temporary employees, who are engaged
in the performance of a function transferred to another agency or
engaged in the administration of a law, the administration of which
is transferred to the agency, by the reorganization plan. The status,
positions, and rights of those persons shall not be affected by
their transfer and shall continue to be retained by them pursuant to
the State Civil Service Act (Part 2 (commencing with Section 18500)
of Division 5), except as to positions the duties of which are vested
in a position exempt from civil service.
   (d) Shall provide for the transfer or other disposition of the
personnel records and property affected by any reorganization.
   (e) Shall provide for the transfer of unexpended balances of
appropriations and of other funds available for use in connection
with any function or agency affected by a reorganization, as the
Governor deems necessary by reason of the reorganization, for use in
connection with the functions affected by the reorganization or for
the use of the agency that has these functions after the
reorganization plan becomes effective. Transferred balances shall be
used only for the purpose for which the appropriation was originally
made.
   (f) Shall provide for terminating the affairs of any agency
abolished.
   (g) Shall enumerate all acts of the Legislature that will be
suspended if the reorganization plan becomes effective.




12080.4.  No reorganization plan shall provide for, and no
reorganization under this article shall have the effect of:
   (a) Continuing any agency beyond the period authorized by law for
its existence, or beyond the time when it would have terminated if
the reorganization had not been made;
   (b) Continuing any function beyond the period authorized by law
for its exercise, or beyond the time when it would have terminated if
the reorganization had not been made;
   (c) Authorizing any agency to exercise any function which is not
expressly authorized by law to be exercised by an agency in the
executive branch at the time the plan is transmitted to the
Legislature;
   (d) Increasing the term of any office beyond that provided by law
for the office; or
   (e) Abolishing any agency created by the California Constitution,
or abolishing or transferring to the jurisdiction and control of any
other agency any function conferred by the California Constitution on
an agency created by that Constitution.



12080.5.  Except as otherwise provided in this section, a
reorganization plan submitted pursuant to this article shall become
effective the first day after 60 calendar days of continuous session
of the Legislature after the date on which the plan is transmitted to
each house or at a later date as may be provided by the plan,
unless, prior to the end of the 60-calendar-day period, either house
of the Legislature adopts by a majority vote of the duly elected and
qualified members thereof a resolution, as defined in subdivision (c)
of Section 12080.
   As used in this section "60 calendar days of continuous session"
shall be deemed broken only by an adjournment sine die, but in
computing the 60 calendar days for the purposes of this provision
days on which either house is not in session because of a recess of
more than 10 days to a day certain shall not be included.



12080.6.  No reorganization plan shall have the effect of limiting
in any way the validity of any statute enacted, or any regulation or
other action made, prescribed, issued, granted or performed in
respect to or by any agency before the effective date of the
reorganization plan except to the extent that the plan specifically
so provides.
   As used in this section "regulation or other action" means any
regulation, rule, order, policy, determination, directive,
authorization, permit, privilege, requirement, designation, or other
action.


12080.7.  No suit, action or other proceeding lawfully commenced by
or against the head of any agency or other officer of the state, in
his official capacity or in relation to the discharge of his official
duties, shall abate by reason of the taking effect of any
reorganization plan under the provisions of this article.




12080.8.  From the effective date of a reorganization plan, and as
long as it is in effect, the operation of any prior act of the
Legislature inconsistent therewith shall be suspended insofar as it
is inconsistent with the reorganization plan.




12080.9.  Each reorganization plan which takes effect shall be
printed in the same volume as the acts of the session of the
Legislature to which it was submitted.



12081.  The Legislative Counsel shall prepare for introduction not
later than the next regular session of the Legislature occurring more
than 90 days after that in which a Governor's reorganization plan
takes effect a bill effecting such changes in the statutes as may be
necessary to reflect the changes made by the reorganization plan.
   The purpose of this section is to insure that statutory law is
amended to conform with the changes made by the reorganization plan,
but failure to enact such a bill shall not affect the validity of the
plan.


12081.1.  It is the intention of the Legislature in delegating
legislative power to the Governor by this article pursuant to the
authorization contained in Section 6 of Article V of the California
Constitution to retain the right of review of the Governor's action
by means of action by either house of the Legislature recommending
study of any proposal submitted to it.



12081.2.  If any provision of this act or the application thereof,
except Section 12080.5, to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or
applications of the act which can be given effect without the invalid
provision or application, and to this end the provisions of this
act, except Section 12080.5, are severable.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 12080-12081.2

GOVERNMENT CODE
SECTION 12080-12081.2



12080.  As used in this article:
   (a) "Agency" means any statewide office, nonelective officer,
department, division, bureau, board, commission or agency in the
executive branch of the state government, except that it shall not
apply to any agency whose primary function is service to the
Legislature or judicial branches of state government or to any agency
that is administered by an elective officer. "Agency that is
administered by an elective officer" includes the State Board of
Equalization but not a board or commission on which an elective
officer serves in an ex officio capacity.
   (b) "Reorganization" means:
   (1) The transfer of the whole or any part of any agency, or of the
whole or any part of the functions thereof, to the jurisdiction and
control of any other agency; or
   (2) The abolition of all or any part of the functions of any
agency; or
   (3) The consolidation or coordination of the whole or any part of
any agency, or of the whole or any part of the functions thereof,
with the whole or any part of any other agency or the functions
thereof; or
   (4) The consolidation or coordination of any part of any agency or
the functions thereof with any other part of the same agency or the
functions thereof; or
   (5) The authorization of any nonelective officer to delegate any
of his functions; or
   (6) The abolition of the whole or any part of any agency which
agency or part does not have, or upon the taking effect of a
reorganization plan will not have, any functions.
   (7) The establishment of a new agency to perform the whole or any
part of the functions of an existing agency or agencies.
   (c) "Resolution" means a resolution of either house of the
Legislature resolving as follows:

  "That the________________________does not favor
                (Assembly or Senate)
  Reorganization Plan No.__________transmitted to
              (Insert number of plan)
  the Legislature by the Governor on_____________
                     (Insert date of transmittal)
  and recommends that the plan be assigned to the
  _____________________________________________."
           (Insert appropriate committee)




12080.1.  The Governor, from time to time, shall examine the
organization of all agencies and shall determine what changes therein
are necessary to accomplish one or more of the following purposes:
   (a) To promote the better execution of the laws, the more
effective management of the executive and administrative branch of
the state government and of its agencies and functions and the
expeditious administration of the public business;
   (b) To reduce expenditures and promote economy to the fullest
extent practicable consistent with the efficient operation of the
state government;
   (c) To increase the efficiency of the operation of the state
government to the fullest extent practicable;
   (d) To group, consolidate and coordinate agencies and functions
thereof as nearly as possible according to major purposes;
   (e) To reduce the number of agencies by consolidating those having
similar functions under a single head and to abolish such agencies
or functions thereof as may not be necessary for the efficient
operation of the state government;
   (f) To eliminate overlapping and duplication of effort.
   The Legislature declares that the public interest requires the
carrying out of the purposes set forth in this section, and that such
purposes may be accomplished more speedily and effectively under
this article than by the enactment of specific legislation.




12080.2.  Whenever the Governor finds that reorganization is in the
public interest, he shall prepare one or more reorganization plans in
the form and language of a bill as nearly as practicable and
transmit each, bearing an identifying number, to the Legislature,
with a declaration that, with respect to each reorganization included
in the plan, he has so found. The delivery to both houses may be at
any time during a regular session of the Legislature. The Governor,
in his message transmitting a reorganization plan, shall explain the
advantages which it is probable will be brought about by the taking
effect of the reorganization included in the plan, and he shall
specify with respect to each abolition of a function included in the
plan the statutory authority for the exercise of the function.
Reorganization plans submitted to the Legislature pursuant to this
section shall express clearly and specifically the nature and
purposes of the plan or plans.
   Upon receipt of a reorganization plan, the Rules Committee of the
Senate and the Speaker of the Assembly shall refer the plan to a
standing committee of their respective houses for study and a report.
Such report shall be made at least 10 days prior to the end of the
60-day period described in Section 12080.5 and may include the
committee's recommendation with respect to a resolution.
   A resolution, by floor motion, as defined in subdivision (c) of
Section 12080, may only be in order following a committee report or
at any time during the last 10 days prior to the end of the 60-day
period described in Section 12080.5. Such resolution shall be voted
upon without referral to committee.



12080.3.  Each reorganization plan transmitted by the Governor under
this article:
   (a) May change the name of any agency affected by a reorganization
and the title of its head, and shall designate the name of any
agency resulting from a reorganization and the title of its head.
   (b) May include provisions, in accordance with Article VII of the
California Constitution, for the appointment of the head and one or
more other officers of any agency, including an agency resulting from
a consolidation or other type of reorganization, if the Governor
finds, and in his or her message transmitting the plan declares, that
by reason of a reorganization made by the plan the provisions are in
the public interest. The head may be an individual or a commission
or board with two or more members. In any case, the appointment of
the agency head shall be subject to confirmation by the Senate. The
term of office of any appointee, if any is provided, shall be fixed
at not more than four years. The Legislature shall fix the
compensation of all department heads and officers who are not subject
to Article VII of the California Constitution.
   (c) Shall provide for the transfer of employees serving in the
state civil service, other than temporary employees, who are engaged
in the performance of a function transferred to another agency or
engaged in the administration of a law, the administration of which
is transferred to the agency, by the reorganization plan. The status,
positions, and rights of those persons shall not be affected by
their transfer and shall continue to be retained by them pursuant to
the State Civil Service Act (Part 2 (commencing with Section 18500)
of Division 5), except as to positions the duties of which are vested
in a position exempt from civil service.
   (d) Shall provide for the transfer or other disposition of the
personnel records and property affected by any reorganization.
   (e) Shall provide for the transfer of unexpended balances of
appropriations and of other funds available for use in connection
with any function or agency affected by a reorganization, as the
Governor deems necessary by reason of the reorganization, for use in
connection with the functions affected by the reorganization or for
the use of the agency that has these functions after the
reorganization plan becomes effective. Transferred balances shall be
used only for the purpose for which the appropriation was originally
made.
   (f) Shall provide for terminating the affairs of any agency
abolished.
   (g) Shall enumerate all acts of the Legislature that will be
suspended if the reorganization plan becomes effective.




12080.4.  No reorganization plan shall provide for, and no
reorganization under this article shall have the effect of:
   (a) Continuing any agency beyond the period authorized by law for
its existence, or beyond the time when it would have terminated if
the reorganization had not been made;
   (b) Continuing any function beyond the period authorized by law
for its exercise, or beyond the time when it would have terminated if
the reorganization had not been made;
   (c) Authorizing any agency to exercise any function which is not
expressly authorized by law to be exercised by an agency in the
executive branch at the time the plan is transmitted to the
Legislature;
   (d) Increasing the term of any office beyond that provided by law
for the office; or
   (e) Abolishing any agency created by the California Constitution,
or abolishing or transferring to the jurisdiction and control of any
other agency any function conferred by the California Constitution on
an agency created by that Constitution.



12080.5.  Except as otherwise provided in this section, a
reorganization plan submitted pursuant to this article shall become
effective the first day after 60 calendar days of continuous session
of the Legislature after the date on which the plan is transmitted to
each house or at a later date as may be provided by the plan,
unless, prior to the end of the 60-calendar-day period, either house
of the Legislature adopts by a majority vote of the duly elected and
qualified members thereof a resolution, as defined in subdivision (c)
of Section 12080.
   As used in this section "60 calendar days of continuous session"
shall be deemed broken only by an adjournment sine die, but in
computing the 60 calendar days for the purposes of this provision
days on which either house is not in session because of a recess of
more than 10 days to a day certain shall not be included.



12080.6.  No reorganization plan shall have the effect of limiting
in any way the validity of any statute enacted, or any regulation or
other action made, prescribed, issued, granted or performed in
respect to or by any agency before the effective date of the
reorganization plan except to the extent that the plan specifically
so provides.
   As used in this section "regulation or other action" means any
regulation, rule, order, policy, determination, directive,
authorization, permit, privilege, requirement, designation, or other
action.


12080.7.  No suit, action or other proceeding lawfully commenced by
or against the head of any agency or other officer of the state, in
his official capacity or in relation to the discharge of his official
duties, shall abate by reason of the taking effect of any
reorganization plan under the provisions of this article.




12080.8.  From the effective date of a reorganization plan, and as
long as it is in effect, the operation of any prior act of the
Legislature inconsistent therewith shall be suspended insofar as it
is inconsistent with the reorganization plan.




12080.9.  Each reorganization plan which takes effect shall be
printed in the same volume as the acts of the session of the
Legislature to which it was submitted.



12081.  The Legislative Counsel shall prepare for introduction not
later than the next regular session of the Legislature occurring more
than 90 days after that in which a Governor's reorganization plan
takes effect a bill effecting such changes in the statutes as may be
necessary to reflect the changes made by the reorganization plan.
   The purpose of this section is to insure that statutory law is
amended to conform with the changes made by the reorganization plan,
but failure to enact such a bill shall not affect the validity of the
plan.


12081.1.  It is the intention of the Legislature in delegating
legislative power to the Governor by this article pursuant to the
authorization contained in Section 6 of Article V of the California
Constitution to retain the right of review of the Governor's action
by means of action by either house of the Legislature recommending
study of any proposal submitted to it.



12081.2.  If any provision of this act or the application thereof,
except Section 12080.5, to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or
applications of the act which can be given effect without the invalid
provision or application, and to this end the provisions of this
act, except Section 12080.5, are severable.