Section 12080.3 - Permitted and required provisions of reorganization plansEach reorganization plan transmitted by the Governor under this article:
(a) May change the name of an agency affected by a reorganization and the title of its head, and shall designate the name of an 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 an agency, including an agency resulting from a consolidation or other type of reorganization, if the Governor finds, and in 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 an 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 a 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 Transferred balances shall be used only for the purpose for which the appropriation was originally made.(f) Shall provide for terminating the affairs of an agency abolished.(g) Shall enumerate all acts of the Legislature that will be suspended if the reorganization plan becomes effective.Amended by Stats 2021 ch 50 (AB 378),s 25, eff. 1/1/2022.Amended by Stats 2004 ch 183 (AB 3082),s 143, eff. 1/1/2005