SECTIONS 6101-6111 - California Statutes

PUBLIC RESOURCES CODE

SECTION 6101-6111

6101. There is a State Lands Commission in the Resources Agency,
consisting of the Controller, the Lieutenant Governor, and the
Director of Finance.

6102. The commission is the successor to, and is vested with all
the powers, duties, purposes, responsibilities and jurisdiction
formerly vested in the Department of Finance as successor to the
Surveyor General, Register of the State Land Office, and State Land
Office, and of the Division of State Lands in the Resources Agency
(formerly in the Department of Conservation). Whenever, by any
statute or law now in force or that may be hereafter enacted, a duty
or jurisdiction is imposed or authority conferred upon the Surveyor
General, Register of the State Land Office, or State Land Office, or
upon the Department of Finance as successor thereto, or upon the
Chief of the Division of State Lands, or the Division of State Lands,
such duty, jurisdiction, and authority are hereby transferred to,
imposed and conferred upon the commission and the appropriate
officers and employees thereof with the same force and effect as
though the title of the State Lands Commission had been specifically
set forth and named therein in lieu of the Surveyor General, Register
of the State Land Office, State Land Office, Department of Finance,
Chief of the Division of State Lands, or Division of State Lands, as
the case may be.

6103. The commission shall administer all laws and statutes
committed to it through the Division of State Lands in the Resources
Agency, which division is continued in existence. The commission is
vested with all the powers conferred upon heads of departments of the
state contained in Article 2 (commencing with Section 11150) of
Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.
The commission may appoint and, with the approval of the Director
of Finance, may fix the salaries of the officers and employees in the
division.

6103.2. (a) The State Lands Commission and the Division of State
Lands are hereby transferred from the Department of Conservation to
the Resources Agency, and, as agencies in the Resources Agency, are
vested with all the duties, powers, purposes, responsibilities, and
jurisdiction vested in them as agencies of the Department of
Conservation.
(b) Any reference in any law to the State Lands Commission or to
the Division of State Lands in the Department of Finance or the
Department of Conservation shall be considered a reference to the
State Lands Commission or to the Division of State Lands, as the case
may be, in the Resources Agency unless the context otherwise
requires.

6103.4. The State Lands Commission and the Division of State Lands
may, as agencies of the Resources Agency, use the unexpended balances
of funds available for use by them as agencies of the Department of
Conservation in connection with the performance of the functions
vested in them by Section 6103.2 as agencies of the Resources Agency.
Such funds shall be used by them only for the purposes for which
they were originally appropriated or otherwise made available to them
as agencies of the Department of Conservation.

6103.6. All officers and employees of the State Lands Commission
and the Division of State Lands who, on the operative date of this
section, are serving in the state civil service, other than as
temporary employees, and engaged in the performance of a function of
the commission or division as an agency of the Department of
Conservation which is vested in the commission or division by Section
6103.2 as an agency of the Resources Agency, shall be transferred to
the State Lands Commission and the Division of State Lands in the
Resources Agency. The status, positions, and rights of such persons
shall not be affected by the transfer, and shall be retained by them
as officers and employees of the State Lands Commission and the
Division of State Lands in the Resources Agency pursuant to the State
Civil Service Act, except as to positions exempt from civil service
in the State Lands Commission and the Division of State Lands in the
Department of Conservation.

6103.8. The State Lands Commission and the Division of State Lands,
as agencies of the Resources Agency, shall have the possession and
control of all records, papers, offices, moneys, funds,
appropriations, lands and other property, real or personal, held for
the benefit or use of the State Lands Commission and the Division of
State Lands as agencies of the Department of Conservation in
connection with the performance of the duties, powers, purposes,
responsibilities, and jurisdiction of the State Lands Commission and
the Division of State Lands as agencies of the Department of
Conservation that are transferred to or vested in them by Section
6103.2 as agencies of the Resources Agency.

6104. The commission shall meet, upon due notice to all members
thereof, at such times and places within the State as are deemed
necessary by it for the proper transaction of the business committed
to it.

6105. The commission shall adopt rules governing the conduct of the
business of the commission. No action of the commission shall be
valid unless authorized by resolution adopted at a meeting after due
notice thereof and by at least two of the members of the commission
present.

6106. The commission may, by resolution, authorize any of its
employees or officers to execute any instrument in the name of the
State.

6107. Whenever the commission, pursuant to authority granted to it
by law, enters into any agreement for the compromise or settlement of
claims, the agreement shall be submitted to the Governor, and if
approved by him shall thereupon, but not before, be binding upon the
State and the other party thereto.

6108. The commission may make and enforce all reasonable and proper
rules and regulations consistent with law for the purpose of
carrying out the provisions of this division and incidental thereto.
The commission may prepare, execute, and deliver all papers,
instruments, and documents, and may do any and all things necessary
fully and completely to effectuate the purposes of this division.

6110. The State Lands Commission may, by resolution, designate an
officer or employee of the commission to conduct the public hearings
which the commission is required to hold under Sections 126 and 11425
of the Government Code, or any other state law.
The designated officer or employee shall act in the commission's
place and stead and the hearings shall be conducted to all intents
and purposes as though the commission were actually present. The
designated officer or employee shall have no power to adopt, amend,
or repeal any rule or regulation of the commission or to make any
final determination in the name of the commission. The designated
officer or employee shall make a written report to the commission of
all relevant matters presented at such hearings and shall transmit to
the commission any statements, arguments, or contentions in writing
which may be presented.
The commission shall not make any finding or declaration nor
adopt, amend, or repeal any regulation which has been considered at a
public hearing conducted by a designated officer or employee of the
commission until the commission has considered at a public meeting
the written report of the officer or employee and any statements,
arguments, or contentions in writing which may have been presented at
the hearing conducted by such officer or employee, together with any
statements, arguments, or contentions which may be presented at the
public meeting of the commission.

6111. Notwithstanding any other provision of this code or of law
and except as provided in the State Building Standards Law, Part 2.5
(commencing with Section 18901) of Division 13 of the Health and
Safety Code, on and after January 1, 1980, the State Lands Commission
or the Division of State Lands shall not adopt nor publish a
building standard as defined in Section 18909 of the Health and
Safety Code unless the provisions of Sections 18930, 18933, 18938,
18940, 18943, 18944, and 18945 of the Health and Safety Code are
expressly excepted in the statute under which the authority to adopt
rules, regulations, or orders is delegated. Any building standard
adopted in violation of this section shall have no force or effect.
Any building standard adopted before January 1, 1980, pursuant to
this code and not expressly excepted by statute from such provisions
of the State Building Standards Law shall remain in effect only until
January 1, 1985, or until adopted, amended, or superseded by
provisions published in the State Building Standards Code, whichever
occurs sooner.