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Executive Branch Provisions Found in Statutes

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By Chris Micheli, May 6, 2019 3:03 am

Here are some interesting provisions about the executive branch found in state statutes (along with the relevant section):

General provisions are found in Article 1 of the Government Code in Sections 12001 – 12002. The Governor may appoint and set salaries for personnel he or she deems necessary for the office. (Section 12001. The Governor must appoint a person to work in Washington, D.C. to represent the state in the nation’s Capital. (Section 12001.5) That person must provide an annual report to the Senate Secretary and Assembly Chief Clerk regarding his or her activities. (Section 12001.7)

Article 2 deals with the powers and duties of the office and are found in Sections 12010 – 12019. The Governor must supervise the official conduct of all officers. (Section 12010) The Governor must determine the distribution in the executive agencies of deputies or employees, except those subject to Senate confirmation. (Section 12010.5)

The intent of the Legislature is that positions designated as exempt from civil service must be filled by a Governor’s appointment only after they are vacated by civil service employees. The Governor may designate as exempt from civil service positions in executive agencies over which he has line responsibility. (Section 12010.6)

The Governor must see that all offices are filled and their duties performed. (Section 12011) In the event of a judicial office vacancy, the Governor must first submit to a State Bar designated agency the names of all appointees or nominees for judicial office for evaluation of their judicial qualifications. The State Bar will review the qualifications of candidates for judicial office. For an appellate court nominee, the Commission on Judicial Appointments will review the nominee and may invite recommendations. A candidate for judicial cannot be appointed until the State Bar has reported to the Governor its review, or until 90 days have elapsed after submission of the nominee’s name to the State Bar. The Governor must report by March 1 each year for the prior calendar year aggregate, statewide demographic data on judicial applicants. The Administrative Office of the Courts must annually report demographic data on all judges and justices. (Section 12011.5)

The Governor is the sole official for communications between the state and other state governments and the federal government. (Section 12012) Whenever a treaty is in force providing for the transfer of offenders between the U.S. and a foreign country, the Governor is authorized to provide approval for a transfer of the individual. (Section 12012.1)

Certain tribal-state compacts are specified that were ratified in accordance with the Indian Gaming Regulatory Act. The Governor is the designated state officer responsible for negotiating and executing any tribal-state compacts with federally recognized Indian tribes in the State. The Governor may waive the state’s immunity to suit in federal court. Nothing is intended to authorize the unilateral imposition of a statewide limit on the number of lottery devices. Amendments to tribal-state gaming compacts are also ratified. (Sections 12012.5, 12012.25, 12012.35, 12012.40, 12012.45, 12012.46, 12012.465, 12012.47, 12012.475, 12012.48, 12012.485, 12012.49, 12012.495, 12012.51, 12012.515, 12012.52, 12012.53, 12012.54, 12012.551, 12012.56, 12012.57, 12012.58, 12012.585, 12012.60, 12012.61, 12012.62, 12012.64, 12012.66, 12012.67, 12012.68, 12012.69, 12012.70, 12012.71, 12012.72, 12012.73, 12012.74)

There is a special fund in the State Treasury called the “Indian Gaming Revenue Sharing Trust Fund” which is for the receipt of moneys received by the State from Indian tribes pursuant to the gaming compacts. The funds are available to the Gambling Control Commission to make distributions to eligible Indian tribes. (Section 12012.75)

Tribal-state gaming compacts entered into in accordance with the federal Indian Gaming Regulatory Act between the state and specified Indian tribes are ratified. (Sections 12012.76, 12012.77, 12012.78, 12012.78, 12012.79, 12012.81, 12012.82, 12012.83, 12012.84)

There is a fund in the State Treasury called the “Indian Gaming Special Distribution Fund” which is for the receipt of moneys received by the State from Indian tribes pursuant to the gaming compacts. The funds are available for legislative appropriation to specified purposes. (Section 12012.85)

Amendments to tribal-state gaming compacts entered into in accordance with the federal Indian Gaming Regulatory Act between the State and specified Indian tribes are ratified. (Sections 12012.86, 12012.87, 12012.89)

For each fiscal year, the California Gambling Control Commission must determine the anticipated total amount of shortfalls in payment likely to occur in the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year. (Section 12012.90)

The tribal-state gaming compacts entered into in accordance with the federal Indian Gaming Regulatory Act between the State and specified Indian tribes are ratified. Certain amendments to gaming compacts are also ratified. (Sections 12012.91, 12012.93, 12012.94)

There is a fund in the State Treasury called the “Indian Nation Grant Fund” which is for the receipt of moneys received by the State from Indian tribes pursuant to the gaming compacts. The funds are available to reflect a vision of facilitating the development of tribal institutions and improving the quality of life of tribal people throughout the state. (Section 12012.95)

On or before December 15 of each fiscal year, the Department of Finance, in consultation with the California Gambling Control Commission, must determine if total revenues established for the Indian Gaming Special Distribution Fund for the current fiscal year are anticipated to exceed estimated expenditures, reserves, or other adjustments from the fund for the current fiscal year. (Section 12012.96)

The tribal-state gaming compacts entered into in accordance with the federal Indian Gaming Regulatory Act between the State and specified Indian tribes are ratified. (Sections 12012.97, 12012.98, 12012.99)

The Governor may direct the AG to appear on behalf of the State and may use any additional counsel as he or she deems expedient in any suit or legal proceeding against the State, which may affect State title to any property, or may result in a claim against the State. (Section 12013)

The Governor may require the AG or the district attorney of any county to inquire into the affairs or management of any corporation existing under the laws of this State. (Section 12014)

The Legislature declares it to be the purpose of this section of law to promote the orderly transfer of the executive power in connection with the expiration of the term of office of a Governor. The Director of Finance, after consultation with the Governor-elect, must appoint individuals necessary to assist the Governor-elect in the preparation of the annual state budget and assuming other duties of the Governor. (Section 12015) The Governor may appoint for no more than 60 days after the conclusion of his or her term persons to assist the Governor in concluding matters arising out of his or her official duties during the last term. (Section 12015.5)

At each Session, the Governor must report to the Legislature any reprieves, pardons or commutations granted, including the reasons for doing so. (Section 12017) The Governor may designate which single state agency is to be responsible for each federal program in which federal money is given to the state with certain requirements. (Section 12018)

The Director of e-Government in the office of the Governor must direct the development of an interactive Internet-based information site and inventory of all publicly assisted, multiunit, low-income rental housing the State. The interactive site must contain specified information and must be organized to facilitate consumer inquired based upon geographic location and other individual and household factors. (Section 12019)

Article 2.5 deals with budget reports in Section 12020 – 12025. The budget submitted by the Governor to the Legislature within the first 10 days of each session must contain a statement of accounts payable for the prior fiscal year and for the current fiscal year, as well as the succeeding fiscal year. (Section 12020)

The budget submitted by the Governor to the Legislature within the first 10 days of each session must contain a statement of cash flow for the prior fiscal year and for the current fiscal year, as well as the succeeding fiscal year. (Section 12021)

The budget for 1984-84 and 1984-85 submitted by the Governor to the Legislature within the first 10 days of each session must contain specified information. (Section 12021.3)

The Governor must annually provide to the Director of Finance an itemized statement of proposed expenditures for support of the Governor, his or her office, and residences. (Section 12022). The Governor must annually report to the public on the expenditures for support of his or her office on December 31. (Section 12023)

The budget submitted by the Governor must contain a statement on the estimated growth of property tax revenue for the fiscal year and other specified details. (Section 12024) Upon full implementation of Fi$Cal Project for state departments and agencies, information regarding contracts for services of $5,000 or more must be made available to the public on its website that allows for searching and sorting by specified categories. (Section 12025)

Article 3 deals with records and is set forth in Sections 12030 and 12031. The Governor is required to cause specified registers to be kept, including applications for pardons, statements in capital cases, and all appointments made. (Section 12030) The Governor must cause accounts to be kept of all official expenses and disbursements, as well as rewards offered by him or her. (Section 12031).

Article 3.2 deals with the Open Central Registry of Appointive Offices and is set forth in Sections 12033 – 12033.4. The Legislature makes several findings and declarations about the diverse citizenry and lack of knowledge of opportunities to participate in and serve on state regulatory and advisory boards and commissions. (Section 12033) The Governor must prepare and maintain an Open Central Registry of Appointive Offices known as the State Appointments List that must be available to the general public in specified locations. (Section 12033.1)

The Governor must make copies of all information on the State Appointments List available to any organization or person for a reasonable fee. (Section 12033.2) The State Appointments List located throughout the state must contain specified information. (Section 12033.3) All new appointments must be posted in the State Appointments List within 20 working days after they are made.

Article 4 deals with Wellness and Physical Fitness and is set forth in Sections 12040 – 12042. This article is known as the California State Government Wellness and Physical Fitness Act. (Section 12040) The Legislature made specified findings and declarations about wellness and physical fitness and there by created the Council on Wellness and Physical Fitness with specified following responsibilities. (Section 12041) There is in the office of the Governor a Council on Wellness and Physical Fitness which must advocate and encourage wellness and physical fitness. (Section 12042)

Article 4.5 deals with innovation awards and is set forth in Section 12045. The Governor must designate three state agencies to participate in a pilot program to award cash prizes to participants in an innovation contest established by each designated agency. (Section 12045)

Article 5.5 deals with succession to the Office of Governor and is set forth in Section 12058 and 12059. In case of vacancy in the office of Governor and in the office of Lieutenant Governor, the last duly elected President pro Tempore of the Senate becomes Governor for the remainder of the term. If there is not a President pro Tempore of the Senate, then the last duly elected Speaker of the Assembly becomes Governor for the remainder of the term. Thereafter, the line of succession is the Secretary of State, Attorney General, Treasurer, Controller, Superintendent of Public Instruction, Insurance Commissioner, and Chair of the Board of Equalization. (Section 12058)

In case of the death, disability or other failure to take office of the Governor-elect, whether occurring prior or subsequent to the returns of election, the Lieutenant Governor-elect acts as Governor from the same time and in the same manner as provided for the Governor-elect. In the case of death, the Lt. Governor will be Governor for the full term. In the case of disability or other failure to take office, the Lt. Governor will act as Governor until the disability of the Governor-elect ceases. (Section 12058.5)

In case of the death, disability or other failure to take office of both the Governor-elect and the Lieutenant Governor-elect, the last duly elected President pro Tempore of the Senate. The line of succession set forth above is the same for the Governor-elect, etc. (Section 12059)

Article 6 deals with the succession to the Office of Governor in the event of war or enemy-caused disaster and is set forth in Sections 12060 – 12063. “Disaster” is defined as a war or enemy-caused calamity occurring within the State. (Section 12060) After his or her election to office, the Governor must appoint and designate by filing with the Secretary of State the names of at least four and not more than seven citizens qualified to become candidates for the office to succeed to the office of Governor in the event of a disaster. (Section 12061)

In the event that the office of Governor is not filled within 24 hours after disaster, then one of the Disaster Acting Governors, in the order specified, must fulfill the office and declare that he or she is undertaking the duties of the office of Governor. (Section 12062) Each Disaster Acting Governor must, while filling the office of Governor, have the powers, perform all the duties, and receive the salary and perquisites of the office. (Section 12063)

Article 7 deals with the Commission on the Governorship which is set forth in Sections 12070 – 12076. There is in the state government a Commission on the Governorship that consists of the President pro Tempore of the Senate, the Speaker of the Assembly, the President of the University of California, the Chancellor of the California State Colleges, and the Director of Finance. (Section 12070)

The commission has exclusive authority to petition the Supreme Court to determine any questions that arise relating to vacancies in and succession to the office of Governor. (Section 12071) The commission has exclusive authority to petition the Supreme Court to decide any questions relating to the existence of a temporary disability of the Governor. (Section 12072) The commission has exclusive authority to petition the Supreme Court to decide any questions relating to the termination of the temporary disability of the Governor. (Section 12073)

The President pro Tempore of the Senate is chairman of the commission and the Speaker of the Assembly is vice chairman. (Section 12074) The commission may file a petition only if a majority of the members of the commission vote to take that action. (Section 12075) The commission has the power of a head of a department to make investigations to determine whether or not a petition should be filed pursuant to this article. (Section 12076)

Article 7.5 deals with executive reorganizations which are set forth in Section 12080 – 129081.2) The terms “agency,” “reorganization” and “resolution” are defined. (Section 12080) The Governor must from time-to-time examine the organization of all agencies and must determine what changes are necessary to accomplish one or more of specified purposes. (Section 12080.1)

Whenever the Governor finds that reorganization is in the public interest, he or she must prepare one or more reorganization plans in the form and language of a bill as nearly as practicable and transmit each to the Legislature with a declaration that he has so found. The Governor must include in the plan the advantages of the reorganization. The two houses of the Legislature must refer to reorganization plan to a standing committee. (Section 12080.2)

Each reorganization plan transmitted by the Governor may change the name of any agency affected by a reorganization and the title of its head, and may include provisions for agency officer appointments. (Section 12080.3) No reorganization plan can have the effect of continuing any agency beyond the period authorized by law for its existence, or increasing the term of any office beyond that provided by law for the office; or abolishing any agency created by the California Constitution. (Section 12080.4)

A reorganization plan submitted will 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 specified. (Section 12080.5)

No reorganization plan can 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 provides. (Section 12080.6)

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, can abate by reason of the taking effect of any reorganization plan under the provisions of this article. (Section 12080.7)

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 with it is suspended insofar as it is inconsistent with the reorganization plan. (Section 12080.8) Each reorganization plan which takes effect must be printed in the same volume as the acts of the session of the Legislature to which it was submitted. (Section 12080.9)

The Legislative Counsel must 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. (Section 12081)

It is the intent of the Legislature in delegating legislative power to the Governor by this law pursuant to 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. (Section 12081.1) If any provision of this law is held invalid, such invalidity does not affect other provisions or applications of the law which can be given effect without the invalid provision or application. (Section 12081.2)

Finally, Article 1 deals with the duties of the Lt. Governor and is set forth in Section 12101. The Lieutenant Governor may appoint and, subject to the approval of the Director of Finance, fix the salaries of one secretary and such clerical assistants as the Lieutenant Governor deems necessary for his or her office. (Section 12101)

 

Chris Micheli

Chris Micheli is a Principal with the Sacramento governmental relations firm of Aprea & Micheli, Inc. He is also an Adjunct Professor at McGeorge School of Law in its Capital Lawyering Program.
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