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AB-2738 County government departments.(1993-1994)



Current Version: 07/21/94 - Chaptered

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AB2738:v95#DOCUMENT

Assembly Bill No. 2738
CHAPTER 309

An act to amend Section 24308 of the Government Code, relating to county government.

[ Filed with Secretary of State  July 21, 1994. Approved by Governor  July 20, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2738, Cannella. County government departments.
Under existing law, the county board of supervisors may consolidate the duties of certain county offices into one or more specified combinations by ordinance. Existing law expressly permits the board of supervisors to reorganize the delivery of services required by state law into departments or agencies that provide multiple services except those duties and responsibilities of other elected county officials mandated by the state constitution or by statute. Existing law provides that this authorization to reorganize departments or agencies shall not be construed to affect any other statutory or regulatory provision governing county services or programs, as specified.
This bill would provide that a state department or agency may not reject a county plan required by specified laws and would require the department or agency, prior to rejecting a county plan or imposing sanctions, to notify the county board of supervisors in writing of the deficiency.

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature hereby finds and declares that many statutory and regulatory provisions imposed upon county government prevent counties from organizing the administrative structure most fitting for the individual county. Counties vary greatly in size, need for particular services, and financial capability.
Therefore, the Legislature further finds and declares that each county should be granted the widest possible latitude in organizing its administrative structure, restricted only by provisions of the state constitution and statutes regarding elected officials.

SEC. 2.

 Section 24308 of the Government Code is amended to read:

24308.
 (a)  Notwithstanding Sections 24300 and 24304, the board of supervisors of any county may organize, pursuant to ordinance or charter, the delivery of any services for which county government is responsible under state law, into departments or agencies that provide multiple services, except those duties and responsibilities of other elected county officials mandated by the California Constitution or by statute. Any county board of supervisors that elects to organize the delivery of services may consolidate, integrate, or separate duties and functions of county offices and organizational units within departments, to the extent deemed necessary by the board of supervisors.
(b)  All personnel, including the heads of units within departments organized pursuant to this section and formed from units formerly within other county departments, shall possess the particular qualifications required by the statutes governing provision of the services provided by those departments. These qualifications include standards of education and experience to assure competence appropriate for the direction of the departments or the local administration of county functions.
(c)  This section shall not permit the occupant of a consolidated, integrated, or separated office to practice any profession or trade for the practice of which a license, permit, or registration is required, without that license, permit, or registration.
(d)  This section shall not be construed to affect any other statutory or regulatory provision governing county services or programs, however reorganized or renamed, except for the organizational requirements specified in this section. In no case may a state department or agency reject a county plan required by the Health and Safety Code or the Welfare and Institutions Code or regulations enacted pursuant to either of those codes or impose sanctions for any program or service due to the organization or reorganization of county departments as authorized under this section or Division 5 (commencing with Section 33200). Prior to taking action to reject a county plan or impose sanctions, the department or agency shall inform the county board of supervisors in writing of the deficiency.