Government Code — Part 1 | GOV — United States — California law | Esheria

Government Code

Part 1 of 107 · provisions 1–200

This act is named the Government Code.

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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

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  1. 1.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. )

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    This act is named the Government Code.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 1. This act shall be known as the Government Code. (Enacted by Stats. 1943, Ch. 134.)
  2. 10.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. )

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    This section defines “section” and “subdivision” for the Government Code, unless another statute or section is specifically mentioned.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 10. “Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1943, Ch. 134.)
  3. 100.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Residence of Sovereignty [100- 100.] ( Article 1 enacted by Stats. 1943, Ch. 134. )

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    State sovereignty resides in the people, and writs, processes, and prosecutions must use the name and authority of the People of the State of California.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Residence of Sovereignty [100- 100.] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 100. (a) The sovereignty of the state resides in the people thereof, and all writs and processes shall issue in their name. (b) The style of all process shall be “The People of the State of California,” and all prosecutions shall be conducted in their name and by their authority. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 161.)
  4. 1000.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Classification of Officers [1000 - 1001] ( Article 1 enacted by Stats. 1943, Ch. 134. )

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    Executive officers are classified as either civil or military.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Classification of Officers [1000 - 1001] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 1000. Executive officers are either: (a) Civil. (b) Military. (Enacted by Stats. 1943, Ch. 134.)
  5. 100000.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

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    This section defines key terms used in the CalSavers retirement savings title.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100000. For purposes of this title, the following definitions apply: (a) “Board” means the CalSavers Retirement Savings Board. (b) “CalSavers Retirement Savings Program” or “program” means a retirement savings program offered pursuant to the CalSavers Retirement Savings Trust Act. (c) (1) “Eligible employee” means a person who is employed by an eligible employer. (2) “Eligible employee” does not include: (A) Any employee covered under the federal Railway Labor Act (45 U.S.C. Sec. 151), or any employee engaged in interstate commerce so as not to be subject to the legislative powers of the state, except insofar as application of this title is authorized under the United States Constitution or laws of the United States. (B) Any employee on whose behalf an employer makes contributions to a Taft-Hartley pension trust fund. (d) (1) “Eligible employer” means a person or entity engaged in a business, industry, profession, trade, or other enterprise in the state, whether for profit or not for profit, excluding sole proprietorships, self-employed individuals, or other business entities that do not employ any individuals other than the owners of the business, the federal government, the state, any county, any municipal corporation, or any of the state’s units or instrumentalities, that has at least one eligible employee and that satisfies the requirements to establish or participate in a payroll deposit retirement savings arrangement. (2) Upon a positive determination pursuant to subdivision (a) of Section 100046, eligible employer means an employer of a provider of in-home supportive services, as regulated by Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code. (3) “Eligible employer” does not include an employer that provides a retirement savings program as described in subdivision (g) of Section 100032. (e) “IRA” means an individual retirement account or individual retirement annuity under Section 408(a), 408(b), or 408A of Title 26 of the United States Code. (f) “myRA” means the federal myRA retirement savings program, including any successor program, offered by the United States Department of the Treasury or an IRA offered under that program. (g) “Participating employer” means an eligible employer that provides a payroll deposit retirement savings arrangement provided for by this title for eligible employees. (h) “Payroll deposit retirement savings arrangement” means an arrangement by which an employer allows employees to remit payroll deduction contributions to a retirement savings program, which may include an IRA, and in the case of a payroll deduction IRA arrangement, to remit specifically to an IRA. (i) “Trust” means the CalSavers Retirement Savings Trust established by this title. (j) “Vendor” means a registered investment company or admitted life insurance company qualified to do business in California that provides retirement investment products. “Vendor” also includes a company that is registered to do business in California that provides payroll services or recordkeeping services and offers retirement plans or payroll deduction IRA arrangements using products of regulated investment companies and insurance companies qualified to do business in California. “Vendor” does not include individual registered representatives, brokers, financial planners, or agents. (Amended by Stats. 2022, Ch. 192, Sec. 1. (SB 1126) Effective January 1, 2023.)
  6. 100002.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

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    This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100002. (a) (1) There is hereby created within state government the CalSavers Retirement Savings Board, which shall consist of nine members, with the Treasurer serving as chair, as follows: (A) The Treasurer. (B) The Director of Finance, or the director’s designee. (C) The Controller. (D) An individual with retirement savings and investment expertise appointed by the Senate Committee on Rules. (E) An employee representative appointed by the Speaker of the Assembly. (F) A small business representative appointed by the Governor. (G) A public member appointed by the Governor. (H) Two additional members appointed by the Governor. (2) Members of the board appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall serve at the pleasure of the appointing authority. (b) All members of the board shall serve without compensation. Members of the board shall be reimbursed for necessary travel expenses incurred in connection with their board duties. (c) A board member, program administrator, and other staff of the board shall not do any of the following: (1) Directly or indirectly have any interest in the making of any investment made for the program, or in the gains or profits accruing from any investment made for the program. (2) Borrow any funds or deposits of the trust, or use those funds or deposits in any manner, for themselves or as an agent or partner of others. (3) Become an endorser, surety, or obligor on investments by the board. (d) The board and the program administrator and staff, including contracted administrators and consultants, shall discharge their duties as fiduciaries with respect to the trust solely in the interest of the program participants as follows: (1) For the exclusive purposes of providing benefits to program participants and defraying reasonable expenses of administering the program. (2) By investing with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims. (e) The board, subject to its authority and fiduciary duty, shall design and implement the CalSavers Retirement Savings Program. (1) The board shall have the authority to provide for investment in myRAs, provided that, in accordance with the myRA provisions, myRA contributions and investment returns shall only be used for myRA investments and to make distributions to, or for the benefit of, participants and shall not be used to pay any costs of administration. (2) The board shall maintain an investment policy statement that defines the program’s investment objectives and articulates policies and procedures enabling investment objectives to be met in a prudent manner. The board shall seek to minimize participant fees and strive to implement program features that provide maximum possible income replacement balanced with appropriate risk in an IRA-based environment. The investment policy statement shall describe the investment options available to holders of individual savings accounts established as part of the program. The investment policy statement shall include a risk management and oversight program. Investment options may encompass a range of risk and return opportunities and allow for a rate of return commensurate with an appropriate level of risk to meet the investment objectives stated in the policy. (3) The board shall annually review the investment policy statement. The board shall review the investment policy statement and any changes in the investment policy statement at a public hearing. (4) The risk management and oversight program shall include an effective risk management system to monitor the risk levels of the CalSavers Retirement Savings Program investment portfolio and ensure that the risks taken are prudent and properly managed. The program shall be managed to provide an integrated process for overall risk management on both a consolidated and disaggregated basis, and to monitor investment returns as well as risk to determine if the risks taken are adequately compensated compared to applicable performance benchmarks and standards. (f) The board shall approve an investment management entity or entities, the costs of which shall be paid out of funds held in the trust and shall not be attributed to the administrative costs of the board in operating the trust. Not later than 30 days after the close of each month, the board shall place on file for public inspection during business hours a report with respect to investments made pursuant to this section and a report of deposits in financial institutions. (Amended by Stats. 2020, Ch. 21, Sec. 4. (AB 102) Effective June 29, 2020.)
  7. 100004.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

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    This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100004. (a) There is hereby established a retirement savings trust known as the CalSavers Retirement Savings Trust to be administered by the board for the purpose of promoting greater retirement savings for California private employees in a convenient, voluntary, low-cost, and portable manner. After sufficient funds are made available for this title to be operative, the trust, as a self-sustaining trust, shall pay all costs of administration only out of moneys on deposit therein. (b) The board shall segregate moneys received by the trust into two funds, which shall be identified as the program fund and the administrative fund. Notwithstanding Section 13340, moneys in the trust are hereby continuously appropriated, without regard to fiscal years, to the board for the purposes of this title. (c) Moneys in the program fund may be invested or reinvested by the Treasurer or may be invested in whole or in part under contract with the board of a California public retirement system, with private money managers, or in myRAs, or a combination thereof, as determined by the board. (d) Transfers may be made from the program fund to the administrative fund for the purpose of paying operating costs associated with administering the trust and as required by this title, including, but not limited to, board operations, program administrator and investment expenses, and enforcement and compliance costs. On and after six years from the date the program is implemented, on an annual basis, expenditures from the administrative fund shall not exceed more than 1 percent of the total program fund. All costs of administration of the trust shall be paid out of the administrative fund. (e) Any contributions paid by employees and employers into the trust shall be used exclusively for the purpose of paying benefits to the participants of the CalSavers Retirement Savings Program, for the cost of administration of the program, and for investments made for the benefit of the program. (f) The trust is an instrumentality of the state. Any security issued, managed, or invested by the board within the trust on behalf of an individual participating within the CalSavers Retirement Savings Program shall be exempt from Sections 25110, 25120, and 25130 of the Corporations Code. (Amended by Stats. 2020, Ch. 21, Sec. 5. (AB 102) Effective June 29, 2020.)
  8. 100008.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

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    The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100008. The CalSavers Retirement Savings Program shall include, as determined by the board, one or more payroll deduction IRA arrangements. (Amended by Stats. 2018, Ch. 37, Sec. 32. (AB 1817) Effective June 27, 2018.)
  9. 100010.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

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    The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100010. (a) The board shall have the power and authority to do all of the following: (1) Make and enter into contracts necessary for the administration of the trust. (2) Adopt a seal and change and amend it from time to time. (3) Cause moneys in the program fund to be held and invested and reinvested. (4) Accept any grants, gifts, legislative appropriation, and other moneys from the state, any unit of federal, state, or local government or any other person, firm, partnership, or corporation for deposit to the administrative fund or the program fund. (5) Contract with a program administrator and determine the duties of the program administrator. The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the board. The Treasurer shall determine the duties of the executive director and other staff as appropriate and set their compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board. (6) Make provisions for the payment of costs of administration and operation of the trust. (7) Employ staff. (8) Retain and contract with the board of a California public retirement system, private financial institutions, other financial and service providers, consultants, actuaries, counsel, auditors, third-party administrators, and other professionals as necessary. (9) Procure insurance against any loss in connection with the property, assets, or activities of the trust. (10) Procure insurance indemnifying each member of the board from personal loss or liability resulting from a member’s action or inaction as a member of the board. (11) Set minimum and maximum investment levels in accordance with contribution limits set for IRAs by the Internal Revenue Code. (12) Collaborate and cooperate with the board of a California public retirement system, private financial institutions, service providers, and business, financial, trade, membership, and other organizations to the extent necessary or desirable for the effective and efficient design, implementation, and administration of the program and to maximize outreach to eligible employers and eligible employees. (13) Collaborate with, and evaluate the role of, licensed insurance agents and financial advisors in assisting and providing guidance for eligible employees. (14) Cause expenses incurred to initiate, implement, maintain, and administer the program to be paid from contributions to, or investment returns or assets of, the program or arrangements established under the program, to the extent permitted under state and federal law. (15) Facilitate compliance by the retirement savings program or arrangements established under the program with all applicable requirements for the program under the Internal Revenue Code of 1986, including tax qualification requirements or any other applicable law and accounting requirements, including providing or arranging for assistance to program sponsors and individuals in complying with applicable law and tax qualification requirements in a cost-effective manner. (16) Carry out the duties and obligations of the trust pursuant to this title and exercise any and all other powers as appropriate for the effectuation of the purposes, objectives, and provisions of this title pertaining to the trust. (b) The board shall adopt regulations it deems necessary to implement this title consistent with the Internal Revenue Code and regulations issued pursuant to that code to ensure that the program meets all criteria for federal tax-deferral or tax-exempt benefits, or both. The board may delegate this rulemaking authority to the executive director by resolution. (Amended by Stats. 2020, Ch. 21, Sec. 6. (AB 102) Effective June 29, 2020.)
  10. 100012.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

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    The board has authority to operate and manage the retirement savings program and related processes.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100012. In addition to the powers and authority granted to the board pursuant to Section 100010, the board shall have the power and authority to do the following: (a) Cause the retirement savings program or arrangements established under the program to be designed, established, and operated, in a manner consistent with all of the following: (1) In accordance with best practices for retirement savings vehicles. (2) To encourage participation, saving, and sound investment practices, and appropriate selection of default investments. (3) With simplicity, ease of administration for participating employers, and portability of benefits. (b) Arrange for collective, common, and pooled investment of assets of the retirement savings program or arrangements, including investments in conjunction with other funds with which those assets are permitted to be collectively invested, with a view to saving costs through efficiencies and economies of scale. (c) Disseminate educational information designed to educate participants about the benefits of planning and saving for retirement and information to help them decide the level of CalSavers Retirement Savings Program participation and savings strategies that may be appropriate for them. (d) Disseminate information concerning tax credits available to small business owners for allowing their employees to participate in the program, and the federal Retirement Savings Contribution Credit (Saver’s Credit) available to lower and moderate-income households for qualified savings contributions. (e) Submit progress and status reports to participating employers and eligible employees. (f) If necessary, determine the eligibility of an employer, employee, or other individual to participate in the program. (g) Evaluate and establish the process by which an eligible employee of an eligible employer is able to contribute a portion of his or her salary or wages to the program for automatic deposit of those contributions and the participating employer provides a payroll deposit retirement savings arrangement to forward the employee contribution and related information to the program or its agents. This may include, but is not limited to, financial services companies and third-party administrators with the capability to receive and process employee information and contributions for payroll deposit retirement savings arrangements or other arrangements authorized by this title. (h) Design and establish the process for the enrollment of program participants. (i) Allow participating employers to use the program to remit employees’ contributions to their IRAs on their employees’ behalf. (j) Allow participating employers to make their own contributions to their employees’ IRAs, provided that the contributions would be permitted under the Internal Revenue Code and would not cause the program to be treated as an employee benefit plan under the federal Employee Retirement Income Security Act. (k) Evaluate and establish the process by which an individual or an employee of a nonparticipating employer may enroll in and make contributions to the program. (Amended by Stats. 2018, Ch. 37, Sec. 33. (AB 1817) Effective June 27, 2018.)
  11. 100014.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

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    The board must prepare and send employers an employee information packet for the CalSavers program, and the packet must include required disclosures, an opt-out form, and receipt acknowledgement steps.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100014. (a) The board shall design and disseminate to employers an employee information packet that shall be available in an electronic format. The packet shall include background information on the program and appropriate disclosures for employees. (b) The disclosure form shall include, but not be limited to, all of the following: (1) The benefits and risks associated with making contributions to the program. (2) The mechanics of how to make contributions to the program. (3) How to opt out of the program. (4) The process for withdrawal of retirement savings. (5) How to obtain additional information on the program. (c) In addition, the disclosure form shall clearly articulate the following: (1) Employees seeking financial advice should contact financial advisors, that employers do not provide financial advice, that employees are not to contact their employers for financial advice, and that employers are not liable for decisions employees make pursuant to Section 100034. (2) This retirement program is not sponsored by the employer, and therefore the employer is not responsible for the plan or liable as a plan sponsor. (3) The program fund is not guaranteed by the State of California. (d) The disclosure form shall include a method for the employee to acknowledge that the employee has read all of the disclosures and understands their content. (e) The employee information packet shall also include an opt-out form for an eligible employee to note their decision to opt out of participation in the program. The opt-out notation shall be simple and concise and drafted in a manner that the board deems necessary to appropriately evidence the employee’s understanding that they are choosing not to automatically deduct earnings to save for retirement. (f) The employee information packet with the disclosure and opt-out forms shall be made available to eligible employees by the CalSavers Retirement Savings Program and supplied to employees at the time of hiring. All new employees shall review the packet and acknowledge having received it. (g) The employee information packet with the disclosure and opt-out forms shall be supplied to existing employees when the program is initially launched for that participating employer pursuant to Section 100032. (Amended by Stats. 2020, Ch. 21, Sec. 7. (AB 102) Effective June 29, 2020.)
  12. 100016.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

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    The board must set up a clearinghouse and vendor registration process before enrollment opens, if vendors show enough interest and funding is available. Vendors who want to participate must provide specified information and use the board’s required format.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100016. (a) Prior to opening the CalSavers Retirement Savings Program for enrollment, if there is sufficient interest by vendors to participate and provide the necessary funding, the board shall establish both of the following: (1) A Retirement Investments Clearinghouse on its Internet Web site. (2) A vendor registration process through which information about employer-sponsored retirement plans, and payroll deduction IRAs offered by private sector providers is made available for consideration by eligible employers. (b) Vendors that would like to participate in the board’s Retirement Investments Clearinghouse and be listed on the board’s Internet Web site as a registered vendor shall provide all of the following information: (1) A statement of experience in California and in other states in providing employer-sponsored retirement plans, and payroll deduction IRAs. (2) A description by the vendor of the types of retirement investment products offered. (3) A disclosure of all expenses paid directly or indirectly by retirement plan participants, including, but not limited to, penalties for early withdrawals, declining or fixed withdrawal charges, surrender or deposit charges, management fees, and annual fees, supported by documentation as required for prospectus disclosure by the National Association of Securities Dealers and the Securities and Exchange Commission. Vendors shall be required to provide information regarding the impact of product fees upon a hypothetical investment, as described in Section 100022. (4) The types of products, product features, services offered to participants, and information about how to access product prospectuses or other relevant product information. (5) A discussion of the ability, experience, and commitment of the vendor to provide retirement counseling and education services, including, but not limited to, access to group meetings and individual counseling by various means, including telephone and telecommunications devices for the deaf (TDD), Internet, and face-to-face consultations by registered representatives. (6) A statement of the financial strength of the vendor by identifying its ratings assigned by nationally recognized rating services that evaluate the financial strength of similar companies. (7) The location of offices and counselors, individual registered representatives, brokers, financial planners, agents, or other methods of distribution, of the vendor that would serve employers and their employees in California. (8) A description of the ability of the vendor to comply with all applicable provisions of federal and state law governing retirement plans, including minimum distribution requirements and contribution limits. (9) To the extent applicable, the demonstrated ability of the vendor to offer an appropriate array of accumulation funding options, including, but not limited to, investment options that offer guaranteed returns on contributions and the conversion of retirement savings account balances to secure retirement income, a diversified mix of value, growth, growth and income, hybrid, and index funds or accounts across large, medium, and small capitalization asset classes, both domestic and international. (10) A discussion of the range of administrative and customer services provided, including asset allocation, accounting and administration of benefits for individual participants, recordkeeping for individual participants, asset purchase, control, and safekeeping, execution of a participant’s instructions as to asset and contribution allocation, calculation of daily net asset values, direct access for participants to their account information, periodic reporting that is not less than quarterly to active participants on their account balances and transactions, and compliance with the standard of care consistent with federal law and applicable to the provision of investment services. (11) Certification by the vendor that the information provided to the board accurately reflects the provisions of the retirement investment products it registers. (c) Vendors shall supply information and data in the format prescribed by the board. (Amended by Stats. 2018, Ch. 37, Sec. 35. (AB 1817) Effective June 27, 2018.)
  13. 100018.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

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    Vendors may be offered registration once a year, and vendors who want to keep participating in the Retirement Investments Clearinghouse must renew at least every five years. The board must give public notice before the registration and renewal periods.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100018. Registration shall be offered to vendors once annually, and renewal of registration shall be required at least once every five years thereafter for vendors that wish to continue to participate in the Retirement Investments Clearinghouse. The board shall provide public notice prior to the initial registration, annual registration, and registration renewal periods. (Added by Stats. 2012, Ch. 734, Sec. 3. (SB 1234) Effective January 1, 2013.)
  14. 100020.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

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    The board may or must remove a vendor from the registry in specified cases, and it must give certain vendors 60 days to fix materially inaccurate information. The board must also set up an appeals process for vendors denied registration or removed from the registry.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100020. (a) The board may remove a vendor from the registry if the vendor submits materially inaccurate information to the board, does not remit assessed fees within 60 days, or fails to submit notice of material changes to its registered investment products. Vendors found to have submitted materially inaccurate information to the board shall be allowed 60 days to correct the information. (b) The board shall remove a vendor from the registry if investments offered by the vendor are products of a regulated investment company or insurance company that is not licensed or has had its license revoked by the Financial Industry Regulatory Authority or the Department of Insurance for engaging in conduct prohibited by those entities. (c) The board shall establish an appeals process for vendors that are denied registration or removed from the registry. (Added by Stats. 2012, Ch. 734, Sec. 3. (SB 1234) Effective January 1, 2013.)
  15. 100022.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

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    The board must maintain a Retirement Investments Clearinghouse, and its website must show specified fee-cost tables for each registered fund with a disclaimer about how the return figures should be used.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100022. (a) The board shall maintain the Retirement Investments Clearinghouse containing the information required in Section 100016 about the retirement investment products offered by each registered vendor and objective comparisons of vendors and types of products. (b) The clearinghouse shall include information on investment performance based upon the investment’s average annual total return as measured by a nationally recognized rating service selected by the board for standard periods of time of not less than one year. (c) The board’s Internet Web site shall include a table showing, for each registered fund, the total fee cost in dollars incurred by a shareholder who initially invested five thousand dollars ($5,000), earned a 5 percent rate of return for one-, five-, 10-, 15-, and 20-year time periods. This table shall be accompanied by a disclaimer that the rate of return is for purposes of illustrating the respective impacts of different fee amounts on each investment, and is not to predict future investment returns. (Added by Stats. 2012, Ch. 734, Sec. 3. (SB 1234) Effective January 1, 2013.)
  16. 100024.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

    Verify source ↗

    The board must include notice of the Retirement Investments Clearinghouse and its website address in notices sent to eligible employers.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100024. The board shall include a notice of the existence of, and the internet website address for, the Retirement Investments Clearinghouse in a notice disseminated to eligible employers. (Amended by Stats. 2020, Ch. 21, Sec. 8. (AB 102) Effective June 29, 2020.)
  17. 100026.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

    Verify source ↗

    A vendor must not charge an undisclosed fee tied to a registered product.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100026. A vendor may not charge a fee associated with a registered product that is not disclosed. (Added by Stats. 2012, Ch. 734, Sec. 3. (SB 1234) Effective January 1, 2013.)
  18. 100028.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

    Verify source ↗

    Registered vendors must pay establishment, renewal, and administrative fees set by the board, and the board may not use trust funds to create or maintain the system.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100028. (a) The actual cost of establishing the vendor registration system and the Retirement Investments Clearinghouse shall be borne equally by registered vendors, based on the total number of registered vendors. Each registered vendor shall pay a one-time establishment fee equal to a pro rata share of the establishment costs charged to vendors that register with the board prior to the close of the initial registration period, as determined by the board. The one-time establishment fee charged to vendors that register with the board after the completion of the initial registration period shall be distributed equally among registered vendors that have paid the establishment fee and credited toward subsequent maintenance and administrative fees charged to each vendor. (b) The actual cost of maintaining the vendor registration system and the Retirement Investments Clearinghouse, and the costs associated with publicizing the availability of the clearinghouse to eligible employers, shall be borne equally by registered vendors, based on the total number of registered vendors. Each registered vendor shall pay a renewal fee equal to a pro rata share of the maintenance costs, as determined by the board. (c) Each registered vendor shall pay an administrative fee for each retirement investment product it offers to employers, which shall represent the actual costs associated with processing the information related to the investment option and presenting it on the Retirement Investments Clearinghouse, as determined by the board. (d) The board shall not divert trust funds to establish or maintain the vendor registration system or the Retirement Investments Clearinghouse. (Amended by Stats. 2020, Ch. 21, Sec. 9. (AB 102) Effective June 29, 2020.)
  19. 100030.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

    Verify source ↗

    Participating vendors may not use the program’s logo or suggest board/program endorsement, and the board and program are not liable for vendor-supplied clearinghouse information or registered vendor actions.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100030. (a) The board and the program, and its officers and employees, are not responsible for, and shall not be held liable for, the adequacy of the information provided by the participating vendors and contained in the clearinghouse. The clearinghouse maintained by the board serves only to provide information supplied by the participating vendors for the consideration of the selection of retirement investment products. (b) Participating vendors shall not utilize the program’s logo, or claim or infer endorsement or recommendation by the board or the program with respect to products and services identified by the vendors in the clearinghouse. At the discretion of the board, a violation of this section may lead to removal from the registry. (c) The board and the program shall not be held liable for the actions of registered vendors. (Added by Stats. 2012, Ch. 734, Sec. 3. (SB 1234) Effective January 1, 2013.)
  20. 100032.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

    Verify source ↗

    Employers in scope must provide a payroll deposit retirement savings arrangement by staged deadlines, unless they are exempt, and eligible employees are enrolled unless they opt out.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100032. (a) Any employer may choose to have a payroll deposit retirement savings arrangement to allow employee participation in the program under the terms and conditions prescribed by the board. (b) Within 12 months after the board opens the program for enrollment, eligible employers with more than 100 eligible employees and that do not offer a retirement savings program pursuant to subdivision (h) shall have a payroll deposit retirement savings arrangement to allow employee participation in the program. (c) Within 24 months after the board opens the program for enrollment, eligible employers with more than 50 eligible employees and that do not offer a retirement savings program pursuant to subdivision (h) shall have a payroll deposit retirement savings arrangement to allow employee participation in the program. (d) Within 36 months after the board opens the program for enrollment, eligible employers with five or more employees and that do not offer a retirement savings program pursuant to subdivision (h) shall have a payroll deposit retirement savings arrangement to allow employee participation in the program. (e) By December 31, 2025, eligible employers with one or more eligible employees and that do not offer a retirement savings program pursuant to subdivision (h) shall have a payroll deposit retirement savings arrangement to allow employee participation in the program. (f) The board, in its discretion, may extend the time limits defined in subdivisions (b) to (e), inclusive. (g) (1) Each eligible employee shall be enrolled in the program unless the employee elects not to participate in the program. An eligible employee may elect to opt out of the program by making a notation on the opt-out form or by contacting the program by telephone. (2) Following initial implementation of the program pursuant to this section, at least once every two years, the board may designate an open enrollment period during which eligible employees that previously opted out of the program shall be given the employee information packet with the disclosure and opt-out forms, for the employee to enroll in the program or opt out of the program by making a notation on the opt-out form. (3) An employee who elects to opt out of the program who subsequently wants to participate through the employer’s payroll deposit retirement savings arrangement may enroll during the board’s designated open enrollment period or at any other time. (h) (1) An employer that provides an employer-sponsored retirement plan, such as a defined benefit plan or a 401(k), Simplified Employee Pension (SEP) plan, or Savings Incentive Match Plan for Employees (SIMPLE) plan, or that offers an automatic enrollment payroll deduction IRA, shall be exempt from the requirements of the CalSavers Retirement Savings Program, if the plan or IRA qualifies for favorable federal income tax treatment under the federal Internal Revenue Code. (2) An employer shall retain the option at all times to set up and offer a tax-qualified retirement plan, as described in paragraph (1), instead of having a payroll deposit retirement savings arrangement to allow employee participation in the CalSavers Retirement Savings Program. (i) An eligible employee may also terminate their participation in the program at any time in a manner prescribed by the board and thereafter by making a notation on the opt-out form or by telephone. (j) Unless otherwise specified by the employee, a participating employee shall contribute 3 percent of the employee’s annual salary or wages to the program. (k) By regulation, the board may adjust the contribution amount set in subdivision (j) to no less than 2 percent and no more than 5 percent and may vary that amount within that 2 percent to 5 percent range. (l) The board may implement annual automatic escalation of employee contributions. (1) Employee contributions subject to automatic escalation shall not exceed 8 percent of salary. (2) Automatic escalation shall result in no more than a 1-percent-of-salary increase in employee contributions per calendar year. (3) A participating employee may elect to opt out of automatic escalation and may set their contribution percentage rate at a level determined by the participating employee. (Amended by Stats. 2022, Ch. 192, Sec. 2. (SB 1126) Effective January 1, 2023.)
  21. 100033.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

    Verify source ↗

    The CalSavers Retirement Savings Board must enforce employer compliance, issue penalty notices, and eligible employers may appeal penalties to the Franchise Tax Board.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100033. (a) The CalSavers Retirement Savings Board shall have the power and duties necessary to administer the enforcement of employer compliance with this title. (b) (1) The CalSavers Retirement Savings Board shall issue to each employer who fails to allow its eligible employees to participate in the CalSavers Retirement Program pursuant to this title a notice of penalty application. (2) Each eligible employer that, without good cause, fails to allow its eligible employees to participate in the CalSavers Retirement Savings Program pursuant to Sections 100014 and 100032, after the CalSavers Retirement Savings Board serves a final notice of penalty application, shall be subject to a penalty of two hundred fifty dollars ($250) per eligible employee and an additional penalty of five hundred dollars ($500) per eligible employee if noncompliance continues as described in Section 19287 of the Revenue and Taxation Code. (c) The CalSavers Retirement Savings Board shall issue a final notice of penalty application to an eligible employer that fails to comply with this title. Pursuant to Section 19287 of the Revenue and Taxation Code, the Franchise Tax Board shall issue a first notice of the imposition of a penalty to an eligible employer for failure to comply after the CalSavers Retirement Savings Board informs the Franchise Tax Board of the eligible employer’s noncompliance. (d) (1) An eligible employer may appeal any penalty imposed under this section in writing to the Franchise Tax Board pursuant to Section 19288 of the Revenue and Taxation Code. (2) The CalSavers Retirement Savings Board shall reimburse the Franchise Tax Board for the costs incurred by the Franchise Tax Board in administering the program authorized by this article. (Amended by Stats. 2022, Ch. 28, Sec. 79. (SB 1380) Effective January 1, 2023.)
  22. 100034.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

    Verify source ↗

    Employers are shielded from liability for employee participation choices, investment decisions, and program administration matters under this section.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100034. (a) Employers shall not have any liability for an employee’s decision to participate in, or opt out of, the program, or for the investment decisions of employees whose assets are deposited in the program. (b) Employers shall not be a fiduciary, or considered to be a fiduciary, over the trust or the program. The program is a state-administered program, not an employer-sponsored program. If the program is subsequently found to be preempted by any federal law or regulation, employers shall not be liable as plan sponsors. An employer shall not bear responsibility for the administration, investment, or investment performance of the program. An employer shall not be liable with regard to investment returns, program design, and benefits paid to program participants. (c) An employer’s voluntary contribution under subdivision (j) of Section 100012 shall not in any way contradict the provisions of this section or change the employer’s relationship to the program or an employer’s obligations to employees. (d) An employer shall not have civil liability, and no cause of action shall arise against an employer, for acting pursuant to the regulations prescribed by the board defining the roles and responsibilities of employers that have a payroll deposit retirement savings arrangement to allow employee participation in the program. (Amended by Stats. 2020, Ch. 21, Sec. 12. (AB 102) Effective June 29, 2020.)
  23. 100036.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

    Verify source ↗

    The state is not liable for paying retirement savings benefits under this title, and state funds have no obligation to pay those benefits.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100036. The state shall not have any liability for the payment of the retirement savings benefit earned by program participants pursuant to this title. The state, and any of the funds of the state, shall have no obligation for payment of the benefits arising from this title. (Amended by Stats. 2016, Ch. 804, Sec. 11. (SB 1234) Effective January 1, 2017.)
  24. 100038.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

    Verify source ↗

    The board must submit an annual audited financial report on the trust’s operations by August 1 and include supplemental information about prior studies, benefits, participants, and other relevant disclosures.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100038. (a) Notwithstanding Section 10231.5, the board shall submit an annual audited financial report, prepared in accordance with generally accepted accounting principles, on the operations of the trust by August 1 to the Governor, the Controller, the State Auditor, and the Legislature, pursuant to Section 9795. The annual audit shall be made by an independent certified public accountant and shall include, but not be limited to, direct and indirect costs attributable to the use of outside consultants, independent contractors, and any other persons who are not state employees. (b) The annual audit shall be supplemented by the following information prepared by the board: (1) Any studies or evaluations prepared in the preceding year. (2) A summary of the benefits provided by the trust including the number of participants in the trust. (3) Any other information that is relevant in order to make a full, fair, and effective disclosure of the operations of the trust. (Amended by Stats. 2020, Ch. 21, Sec. 13. (AB 102) Effective June 29, 2020.)
  25. 100043.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

    Verify source ↗

    The board may not operate the program unless the IRA tax treatment and ERISA status requirements are satisfied, and it must report key startup details before enrollment begins.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100043. (a) The board shall not operate the program if the IRA arrangements offered fail to qualify for the favorable federal income tax treatment ordinarily accorded to IRAs under the Internal Revenue Code, or if it is determined that the program is an employee benefit plan under the federal Employee Retirement Income Security Act. (b) (1) Prior to opening the program for enrollment, the board shall report to the Governor and Legislature the specific date on which the program will start to enroll program participants and that the following prerequisites and requirements for the program have been met: (A) The program is structured in a manner to keep the program from being classified as an employee benefit plan subject to the federal Employee Retirement Income Security Act. (B) The payroll deduction IRA arrangements offered by the program qualify for the favorable federal income tax treatment ordinarily accorded to IRA arrangements under the Internal Revenue Code. (C) The board has defined in regulation the roles and responsibilities of employers in a manner to keep the program from being classified as an employee benefit plan subject to the federal Employee Retirement Income Security Act. (D) The board has adopted a third-party administrator operational model that limits employer interaction and transactions with the employee to the extent feasible. (2) The report required by paragraph (1) shall be submitted in compliance with Section 9795. (Amended by Stats. 2020, Ch. 21, Sec. 14. (AB 102) Effective June 29, 2020.)
  26. 100044.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

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    This title must be interpreted liberally to carry out its legislative intent.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100044. This title shall be construed liberally in order to effectuate its legislative intent. The purposes of this title and all of its provisions with respect to the powers granted shall be broadly interpreted to effectuate that intent and purposes and not as to any limitation of powers. (Added by Stats. 2012, Ch. 734, Sec. 3. (SB 1234) Effective January 1, 2013.)
  27. 100046.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

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    The board must design the CalSavers program using specified requirements, including outreach, administration, and liability protections.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100046. The CalSavers Retirement Savings Program is approved by the Legislature and implemented as of January 1, 2017. The board shall consider and utilize the following parameters in designing the program: (a) The board shall include a provider of in-home supportive services, as regulated by Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code in the program if the board determines, and the Director of the State Department of Social Services and the Director of the Department of Finance certify, in writing, all of the following: (1) The inclusion meets all state and federal legal requirements. (2) The appropriate employer of record has been identified for the purpose of satisfying all the program’s employer requirements. (3) The payroll deduction, described in Section 12302.2 of the Welfare and Institutions Code, can be implemented at reasonable costs. (4) The inclusion does not create a financial liability for the state or employer of record. (b) The board shall structure the program so as to ensure the state is prohibited from incurring liabilities associated with administering the program and that the state has no liability for the program or its investments. (c) The board shall determine necessary costs associated with outreach, customer service, enforcement, staffing and consultant costs, and all other costs necessary to administer the program. (d) The board shall consult with employer representatives to create an administrative structure that facilitates employee participation while addressing employer needs, including, but not limited to, clearly defining employers’ duties and liability exemption pursuant to Section 100034. (e) The board shall include comprehensive worker education and outreach in the program, and the board may collaborate with state and local government agencies, community-based and nonprofit organizations, foundations, vendors, and other entities deemed appropriate to develop and secure ongoing resources for education and outreach that reflect the cultures and languages of the state’s diverse workforce population. (f) The board shall include comprehensive employer education and outreach in the program, with an emphasis on employers with fewer than 100 employees, developed in consultation with employer representatives, with the integration of the following components: (1) A program internet website to assist the employers of participating employees. (2) A toll-free help line for employers with live and automated assistance. (3) Online internet web training. (4) Live presentations to business associations. (5) Targeted outreach to small businesses with 10 or less employees. (Amended by Stats. 2020, Ch. 370, Sec. 189. (SB 1371) Effective January 1, 2021.)
  28. 100048.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

    Verify source ↗

    The board may adopt regulations to implement this title, and certain regulation actions are treated as emergencies for specified purposes.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100048. The board may adopt regulations to implement this title. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6, and the board is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1. (Added by Stats. 2016, Ch. 804, Sec. 17. (SB 1234) Effective January 1, 2017.)
  29. 100049.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

    Verify source ↗

    A payroll deposit IRA arrangement under CalSavers must be treated like any other IRA when deciding eligibility or benefit level for means-tested programs.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100049. A payroll deposit IRA arrangement offered pursuant to the CalSavers Retirement Savings Program shall have the same status as, and be treated consistently with, any other IRA for the purpose of determining eligibility or benefit level for a program that uses a means test. (Amended by Stats. 2018, Ch. 37, Sec. 39. (AB 1817) Effective June 27, 2018.)
  30. 100050.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. )

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    The board must repay any General Fund startup and first-year administrative costs that are appropriated, plus interest at the Pooled Money Investment Account rate.

    ## Government Code - GOV ## TITLE 21. THE CALSAVERS RETIREMENT SAVINGS TRUST ACT [100000 - 100050] ( Heading of Title 21 amended by Stats. 2020, Ch. 21, Sec. 2. ) ## 100050. Funding for startup and first-year administrative costs may be appropriated from the General Fund in the annual Budget Act. The board shall repay the amount appropriated, plus interest calculated at the rate earned by the Pooled Money Investment Account. Necessary administrative costs in future years shall be paid out of the administrative fund. (Added by Stats. 2016, Ch. 804, Sec. 19. (SB 1234) Effective January 1, 2017.)
  31. 1001.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Classification of Officers [1000 - 1001] ( Article 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section lists who counts as a civil executive officer.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Classification of Officers [1000 - 1001] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 1001. The civil executive officers are: a Governor; a private secretary and an executive secretary for the Governor; a Lieutenant Governor; a Secretary of State; a Deputy Secretary of State; a Keeper of Archives of State for the Secretary of State; a bookkeeper for the Secretary of State; three recording clerks for the Secretary of State; a Controller; a Deputy Controller; a bookkeeper for the Controller; five clerks for the Controller; a Treasurer; a Deputy Treasurer; a bookkeeper for the Treasurer; a clerk for six months in each year for the Treasurer; an Attorney General and all assistant and deputy attorneys general; a Superintendent of Public Instruction; one clerk for the Superintendent of Public Instruction; an Insurance Commissioner; a deputy for the Insurance Commissioner; four port wardens for the Port of San Francisco; a port warden for each port of entry except San Francisco; five State Harbor Commissioners for San Francisco Harbor; six pilots for each harbor where there is no board of pilot commissioners; three members of the Board of Pilot Commissioners for Humboldt Bay and Bar; 13 members of the State Board of Food and Agriculture; four members of the State Board of Equalization; a clerk of the State Board of Equalization; three members of the State Board of Education; a librarian for the Supreme Court Library and the Chief Assistant Clerk/Executive Officer and the Assistant Clerks/Executive Officers of the Supreme Court; five directors for the state hospital at Napa; the manager, assistant manager, chief counsel, and division chiefs for the State Compensation Insurance Fund; the head of each department and all chiefs of divisions, deputies, and secretaries of a department; such other officers as fill offices created by or under the authority of charters or laws for the government of counties and cities or of the health, school, election, road, or revenue laws; or persons serving on boards or commissions created under the laws of the state or established under the State Constitution. (Amended by Stats. 2018, Ch. 92, Sec. 85. (SB 1289) Effective January 1, 2019.)
  32. 100100.

    ## Government Code - GOV ## TITLE 21.1. CALACCOUNT BLUE RIBBON COMMISSION [100100 - 100108] ( Title 21.1 added by Stats. 2021, Ch. 451, Sec. 3. )

    Verify source ↗

    This section defines “CalAccount Program” and “Commission” for this title.

    ## Government Code - GOV ## TITLE 21.1. CALACCOUNT BLUE RIBBON COMMISSION [100100 - 100108] ( Title 21.1 added by Stats. 2021, Ch. 451, Sec. 3. ) ## 100100. As used in this title: (a) “CalAccount Program” means the proposed program described in paragraph (1) of subdivision (a) of Section 100104. (b) “Commission” means the CalAccount Blue Ribbon Commission convened pursuant to Section 100102. (Added by Stats. 2021, Ch. 451, Sec. 3. (AB 1177) Effective January 1, 2022. Conditionally operative pursuant to Section 100106. Repealed as of January 1, 2032, pursuant to Section 100108.)
  33. 100102.

    ## Government Code - GOV ## TITLE 21.1. CALACCOUNT BLUE RIBBON COMMISSION [100100 - 100108] ( Title 21.1 added by Stats. 2021, Ch. 451, Sec. 3. )

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    The Treasurer must convene the CalAccount Blue Ribbon Commission by September 1, 2022, and the commission’s members are subject to appointment, compensation, reimbursement, and conflict-of-interest rules.

    ## Government Code - GOV ## TITLE 21.1. CALACCOUNT BLUE RIBBON COMMISSION [100100 - 100108] ( Title 21.1 added by Stats. 2021, Ch. 451, Sec. 3. ) ## 100102. (a) On or before September 1, 2022, the Treasurer shall convene the CalAccount Blue Ribbon Commission. The commission shall be composed of all of the following members: (1) The Treasurer or the Treasurer’s designee. (2) The Commissioner of the Department of Financial Protection and Innovation or that person’s designee. (3) An individual with banking expertise, particularly expertise in transaction accounts and debit cards, appointed by the Senate Committee on Rules. (4) A public banking advocate appointed by the Senate Committee on Rules. (5) An individual with expertise in economic and racial justice and cultural competence appointed by the Speaker of the Assembly. (6) A consumer representative or advocate with expertise in banking access and financial empowerment, including within historically unbanked and underbanked communities, appointed by the Speaker of the Assembly. (7) An employee representative appointed by the Governor. (8) An individual with expertise in banking or consumer financial services affiliated with an academic institution appointed by the Governor. (9) An individual, appointed by the Governor, with banking expertise. (b) The members of the commission shall serve at the pleasure of their appointing authority. (c) The Treasurer shall serve as the chair of the commission. (d) In making appointments to the commission, the appointing authorities shall take into consideration the cultural, ethnic, and geographic diversity of the state so that the commission’s composition reflects the communities of California. (e) (1) Except as provided in paragraph (2), members of the commission shall serve without compensation. (2) Members of the commission shall be reimbursed for necessary travel expenses incurred in connection with their commission duties. (f) (1) Except for the members described in paragraphs (3) and (9) of subdivision (a), a commission member, or Treasurer’s staff working with the commission, while serving in that capacity shall not have a direct or indirect investment or ownership interest in or be employed by, a consultant to, a member of the board of directors of, affiliated with, or otherwise a representative of, a private bank or financial services institution unless that position is an unpaid volunteer position. (2) The restrictions in paragraph (1) do not include ownership of a share of a diversified mutual fund or exchange-traded fund that holds shares of a private bank or financial services institution. (Added by Stats. 2021, Ch. 451, Sec. 3. (AB 1177) Effective January 1, 2022. Conditionally operative pursuant to Section 100106. Repealed as of January 1, 2032, pursuant to Section 100108.)
  34. 100104.

    ## Government Code - GOV ## TITLE 21.1. CALACCOUNT BLUE RIBBON COMMISSION [100100 - 100108] ( Title 21.1 added by Stats. 2021, Ch. 451, Sec. 3. )

    Verify source ↗

    This section requires the commission to study whether a CalAccount Program is feasible and, if so, what it would require. It also describes program features the board and other participants would have to support, including payroll direct deposit, no-fee account access, and rent payment from CalAccounts.

    ## Government Code - GOV ## TITLE 21.1. CALACCOUNT BLUE RIBBON COMMISSION [100100 - 100108] ( Title 21.1 added by Stats. 2021, Ch. 451, Sec. 3. ) ## 100104. (a) (1) On or before July 1, 2024, the commission shall conduct, pursuant to subdivision (b), and deliver, pursuant to subdivision (f), a market analysis to determine if it is feasible to implement a “CalAccount Program,” which, if implemented, would have all of the following characteristics: (A) Would be a program established by the state for the purpose of protecting consumers who lack access to traditional banking services from predatory, discriminatory, and costly alternatives, which offers Californians access to a voluntary, zero-fee, zero-penalty, federally insured transaction account, known as a CalAccount, and related payment services at no cost to accountholders, including robust and geographically diverse mechanisms for accessing account funds and account management tools that facilitate the automation of basic financial transactions designed to serve the needs of individuals with low or fluctuating income. (B) Would be administered by a board consisting of all of the following members: (i) The Treasurer or the Treasurer’s designee. (ii) The Commissioner of the Department of Financial Protection and Innovation or that person’s designee. (iii) An individual with banking expertise, particularly expertise in transaction accounts and debit cards, appointed by the Senate Committee on Rules. (iv) An individual with expertise in economic and racial justice and cultural competence appointed by the Speaker of the Assembly. (v) An employee representative appointed by the Governor. (vi) An individual with expertise in banking or consumer financial services affiliated with an academic institution appointed by the Governor. (vii) An individual with banking expertise appointed by the Governor. (viii) A public banking advocate appointed by the Senate Committee on Rules. (ix) A consumer representative or advocate with expertise in banking access and financial empowerment, including within historically unbanked and underbanked communities, appointed by the Speaker of the Assembly. (C) Would require the board to establish a process by which an individual may open a CalAccount, which process shall be designed to maximize program participation. (D) Would require the board to establish the mechanisms by which an accountholder may deposit funds into a CalAccount for no fee, which mechanisms shall include, but not be limited to, electronic fund transfers arranged through an employer’s or hiring entity’s payroll direct deposit arrangement and cash loading through in-network partners. (E) Would require the board to establish the process through which an accountholder may elect to have a portion, up to the entirety, of the accountholder’s paycheck or earnings due for labor or services performed directly deposited by electronic fund transfer into the accountholder’s CalAccount. (F) Would require the board to establish the process through which employers and hiring entities shall be required to remit through a payroll direct deposit arrangement each worker’s elected payroll contribution to the worker’s CalAccount in accordance with the worker’s election. (G) Would require the board to establish mechanisms by which an accountholder can withdraw funds from a CalAccount using a CalAccount debit card for no fee, which mechanisms shall include, but not be limited to, withdrawals through point-of-sale purchases using a CalAccount debit card and through cash withdrawals at a robust and geographically expansive network of participating ATMs, bank or credit union branches, and other in-network partners of designated financial institution partners. (H) Would require the board to establish a process, available to all accountholders for no fee, through which an accountholder may arrange for payment to a registered payee using a preauthorized electronic fund transfer from a CalAccount. (I) Would require the board to establish the process and terms and conditions for becoming a registered payee, which shall at a minimum require the payee’s agreement to specified terms and conditions to be established by the board in exchange for the benefits of transparency and accountability afforded by participation in an automated payment system and which shall be designed to incentivize accountholders’ preauthorized electronic fund transfers to registered payees and application of voluntary automatic disbursement rules by limiting the late payment fees and penalties that registered payees can impose on accountholders who pay them using preauthorized electronic fund transfers from their CalAccounts. (J) Would require the board to establish voluntary automatic disbursement rules to assist an accountholder in managing automated payments to registered payees based on the availability of funds in the accountholder’s account, which an accountholder may voluntarily elect to apply or to stop applying to the accountholder’s CalAccount at any time, and which shall be designed to maximize consumer protection and may include, but not be limited to, rules governing the prioritization and timing of payments, rules limiting payments to a percentage of funds available in the CalAccount, and rules limiting disbursement to designated registered payees only upon satisfaction of specified conditions of the CalAccount. (K) Would provide that the board, in establishing processes for enrollment in the CalAccount Program: (i) Shall facilitate the opening of a CalAccount by individuals who may not have federal or state government-issued photo identification while taking all reasonable steps to maintain the confidentiality of personal information consistent with all applicable law. (ii) Shall design and establish rules governing the enrollment and participation in the program of individuals who do not have permanent housing. (iii) May design and establish rules governing the enrollment and participation in the program of individuals who are under 18 years of age, including rules governing the opening of a CalAccount by a person who is at least 14 years of age without a cosigner or guarantor on the account consistent with all applicable law. (L) Would require the board to select a program administrator, which may consist of one or more contractors or program staff or a combination thereof, whose duties shall include, but not be limited to, all of the following: (i) Provide a secure internet web-based portal and mobile application through which individuals can enroll in the program and entities can become registered payees and through which accountholders can access and manage their CalAccounts, including their direct deposits, preauthorized electronic fund transfers to registered payees, and automatic disbursement rule elections. (ii) Provide a method that enables employers and hiring entities to remit each worker participant’s elected direct deposit payroll contribution to the worker’s CalAccount in accordance with the worker’s election. (iii) Facilitate enrollment of accountholders in the program through coordination with government, employers and hiring entities, and nonprofit partners. (iv) Facilitate and manage connectivity with other state and local government programs providing individuals with financial accounts to enable program accountholders to transfer funds between their CalAccounts and their other state-managed or locally managed accounts, as authorized by the board and in accordance with all applicable laws and regulations. (v) Facilitate and manage connectivity with other state and local government agencies and entities to enable and streamline remittance of local, state, and federal benefit and public assistance payments and other disbursements to accountholders who are entitled to those payments and who authorize those payments to be directly deposited by electronic fund transfer into a CalAccount, as authorized by the board and in accordance with all applicable laws and regulations. (M) Would require the board to contract with a financial services network administrator whose duties may include, but not be limited to, all of the following: (i) Contract with, manage, and coordinate the financial services vendors for the program, which shall provide accountholders access to their CalAccounts and services provided in concert with at least one qualifying participating depository financial institution that meets the requirements established by the board. (ii) Add additional participating depository financial institutions meeting the requirements established by the board, especially including qualifying credit unions and other local financial institutions, as program scope and scale permits, in accordance with the board’s specifications as set forth in the contract between the board and the financial services network administrator. (iii) Issue to each accountholder a secure debit card, or other secure means of access to the accountholder’s CalAccount, which shall utilize current security and antifraud technology consistent with industry standards. (iv) Provide a robust and geographically expansive financial services network of partners through which an accountholder can load or withdraw funds from a CalAccount using a CalAccount debit card, or other secure means of access to a CalAccount, for no fee, including ATMs, bank or credit union branches, and other in-network partners, minimize or eliminate out-of-network fees for accountholders, and ensure that accountholders are not charged out-of-network fees that are not reasonable and actually incurred by the program vendor. (N) Would require the board to develop and negotiate a fair and equitable program fee and program revenue sharing structure between the state and the financial services network administrator in furtherance of attaining a financially self-sustaining program, which agreement shall be reevaluated annually and renegotiated as appropriate based on program scope and scale. (O) Would require an employer with more than 25 employees and a hiring entity with more than 25 independent contractors performing the same or similar labor or service, excluding the federal government, to do all of the following: (i) Have and maintain a payroll direct deposit arrangement that enables voluntary worker participation in the program. (ii) Deposit all wages and other payments due a worker that the worker has authorized to be directly deposited by electronic fund transfer into the worker’s CalAccount in accordance with the worker’s authorization. (iii) Coordinate its payroll process with the program administrator’s application program interface to facilitate accurate and seamless payment by direct deposit in accordance with the authorization of each worker participant. (iv) Cooperate with the program administrator in providing all requested information available to the employer or hiring entity necessary for the opening and administration of a worker’s CalAccount. (v) Upon request of the administrator, provide additional forms or notifications to a worker. (vi) Refrain from discharging, disciplining, threatening to discharge or discipline, or in any other manner retaliating or taking an adverse action against a worker or applicant because of the individual’s participation or manner of participation in the CalAccount Program. (P) Would require a landlord or a landlord’s agent to allow a tenant to pay rent and deposit of security by an electronic funds transfer from a CalAccount, except as provided in paragraph (2) of subdivision (a) of Section 1947.3 of the Civil Code, and would provide that a landlord’s, or a landlord’s agent’s, receipt of payment from a CalAccount pursuant to the requirements of the CalAccount Program shall not be considered a waiver of any right the landlord or landlord’s agent may otherwise have to establish the base rent on, or to raise rent for, the rental unit. (2) If it is not feasible to implement the CalAccount Program, as described in paragraph (1), the market analysis required by this subdivision shall also include whether there are modifications to the CalAccount Program that can ease the implementation burdens. (3) (A) The market analysis required by this subdivision shall also include whether or not CalAccount Program revenue is more likely than not to be sufficient to pay for CalAccount Program costs within six years of the CalAccount Program’s implementation. (B) The analysis required by this paragraph shall include detailed financial projections and key assumptions upon which the determination required by this paragraph relies. (4) The market analysis required by this subdivision shall also include an analysis of the population of California residents who are unbanked and the reasons they are unbanked. (5) The market analysis required by this subdivision shall also include an analysis of the low-cost or no-cost options of federally insured transaction accounts that are available or marketed to unbanked California residents. (6) The market analysis required by this subdivision shall also include an evaluation of all of the following: (A) Alternatives to the CalAccount Program that the state could implement or enact that would accomplish the essential policy objectives, as described in subparagraph (A) of paragraph (1), of the CalAccount Program. (B) The estimated risks and costs of alternatives evaluated pursuant to subparagraph (A). (C) The expected effectiveness and scalability of alternatives evaluated pursuant to subparagraph (A). (7) The market analysis required by this subdivision shall also include recommendations for how the state can maximize the number of unbanked California residents who become banked at the lowest cost and risk to the state. (8) The market analysis required by this subdivision shall also include an analysis of relative advantages and disadvantages, compared to private sector alternatives, that the state may have in identifying, reaching, or persuading unbanked California residents to enroll in a state-administered banking program. (9) The market analysis required by this subdivision shall also include recommendations related to the appropriate governance structure for a public-private partnership such as the CalAccount Program. (10) The market analysis required by this subdivision shall also include an analysis of costs, benefits, and impacts on all affected parties, including, but not limited to, landlords, employers, state government, low-wage workers, and consumers. (b) (1) The commission shall contract with one or more independent entities with the appropriate expertise to conduct the market analysis required by subdivision (a). (2) A contract entered into pursuant to this subdivision shall require any entity conducting the market analysis to provide progress reports to, and receive feedback from, the commission at regular intervals or by request and be available to provide testimony and answer questions at any legislative hearings held within 12 months of the delivery of the market analysis to the Legislature. (c) The market analysis required by subdivision (a) shall consider all of the following: (1) The number of potential accountholders. (2) The availability of qualified participating depository financial institutions. (3) Potential accountholders’ comfort with various banking products. (4) How individuals without federal or state photo identification can participate. (5) Potential CalAccount Program revenue streams. (6) The presence and effectiveness of private sector or nonprofit competitors to the CalAccount Program. (7) State fiscal risk from the CalAccount Program during economic downturns or economic shocks. (8) Any other factor the commission deems relevant to making the feasibility determination pursuant to paragraph (1) of subdivision (a). (9) The risks and costs of the CalAccount Program. (10) The expected effectiveness and scalability of the CalAccount Program. (11) The likely impact of the CalAccount Program on existing California depository institutions. (12) (A) The existence of possible financial services network administrators. (B) If any possibilities include an out-of-state entity, the anticipated impact on California consumers, businesses, and financial institutions and how an out-of-state financial services network administrator could or should be regulated. (d) (1) Within 12 months of entering into a contract for the market analysis required by subdivision (a), the commission shall hold at least one public hearing to solicit input from members of the public. (2) A hearing, including input from members of the public, held pursuant to this subdivision shall be recorded and made available on the Treasurer’s internet website consistent with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (e) (1) The commission shall hold a public hearing to review the market analysis. (2) After the public hearing required by paragraph (1), the commission may issue a report to accompany the market analysis. The report may include the commission’s assessment of the market analysis, feedback from the public hearing held pursuant to paragraph (1), and recommendations related to the implementation of the CalAccount Program. (3) The commission shall make a determination as to whether the CalAccount Program can be implemented as described in paragraph (1) of subdivision (a) and, if not, what modifications to the CalAccount Program could be made to implement it. (4) The commission shall make a determination as to whether CalAccount Program revenue is more likely than not to be sufficient to pay for CalAccount Program costs within six years of the CalAccount Program’s implementation and what the state’s investment will need to be in order to cover the costs. If the revenue does not cover the costs, the commission shall make a recommendation as to whether the CalAccount Program should be implemented nonetheless. (f) The commission shall deliver, and upon request present, the market analysis and any report issued pursuant to paragraph (2) of subdivision (e) to the Chair of the Senate Committee on Banking and Financial Institutions and the Chair of the Assembly Committee on Banking and Finance. (Amended by Stats. 2022, Ch. 28, Sec. 80. (SB 1380) Effective January 1, 2023. Conditionally operative pursuant to Section 100106. Repealed as of January 1, 2032, pursuant to Section 100108.)
  35. 100106.

    ## Government Code - GOV ## TITLE 21.1. CALACCOUNT BLUE RIBBON COMMISSION [100100 - 100108] ( Title 21.1 added by Stats. 2021, Ch. 451, Sec. 3. )

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    This title becomes operative only if the Legislature makes an appropriation in the Budget Act or another statute to implement it.

    ## Government Code - GOV ## TITLE 21.1. CALACCOUNT BLUE RIBBON COMMISSION [100100 - 100108] ( Title 21.1 added by Stats. 2021, Ch. 451, Sec. 3. ) ## 100106. This title shall become operative only upon an appropriation by the Legislature in the Budget Act or another statute for the purpose of implementing this title. (Added by Stats. 2021, Ch. 451, Sec. 3. (AB 1177) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 100108.)
  36. 100108.

    ## Government Code - GOV ## TITLE 21.1. CALACCOUNT BLUE RIBBON COMMISSION [100100 - 100108] ( Title 21.1 added by Stats. 2021, Ch. 451, Sec. 3. )

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    This title stays in force until January 1, 2032, and is repealed on that date.

    ## Government Code - GOV ## TITLE 21.1. CALACCOUNT BLUE RIBBON COMMISSION [100100 - 100108] ( Title 21.1 added by Stats. 2021, Ch. 451, Sec. 3. ) ## 100108. This title shall remain in effect until January 1, 2032, and as of that date is repealed. (Added by Stats. 2021, Ch. 451, Sec. 3. (AB 1177) Effective January 1, 2022. Repealed as of January 1, 2032, by its own provisions. Note: Repeal affects Title 21.1, commencing with Section 100100.)
  37. 100500.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    The California Health Benefit Exchange must be governed by a board, and the board must hire an executive director and apply for available planning and establishment grants.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100500. (a) There is in state government the California Health Benefit Exchange, an independent public entity not affiliated with an agency or department, which shall also be known as Covered California. Covered California shall be governed by an executive board consisting of five members who are residents of California. Of the members of the board, two shall be appointed by the Governor, one shall be appointed by the Senate Committee on Rules, and one shall be appointed by the Speaker of the Assembly. The Secretary of California Health and Human Services or the secretary’s designee shall serve as a voting, ex officio member of the board. (b) Members of the board, other than an ex officio member, shall be appointed for a term of four years, except that the initial appointment by the Senate Committee on Rules shall be for a term of five years, and the initial appointment by the Speaker of the Assembly shall be for a term of two years. Appointments by the Governor shall be subject to confirmation by the Senate. A member of the board may continue to serve until the appointment and qualification of the member’s successor. A vacancy shall be filled by appointment for the unexpired term. The board shall elect a chairperson on an annual basis. (c) (1) A person appointed to the board shall have demonstrated and acknowledged expertise in at least two of the following areas: (A) Individual health care coverage. (B) Small employer health care coverage. (C) Health benefits plan administration. (D) Health care finance. (E) Administering a public or private health care delivery system. (F) Purchasing health plan coverage. (G) Marketing of health insurance products. (H) Information technology system management. (I) Management information systems. (J) Enrollment counseling assistance, with priority to cultural and linguistic competency. (2) Appointing authorities shall consider the expertise of the other members of the board and attempt to make appointments so that the board’s composition reflects a diversity of expertise. (d) A member of the board shall have the responsibility and duty to meet the requirements of this title, the federal act, and all applicable state and federal laws and regulations, to serve the public interest of the individuals and small businesses seeking health care coverage through the Exchange, and to ensure the operational well-being and fiscal solvency of the Exchange. (e) In making appointments to the board, the appointing authorities shall take into consideration the cultural, ethnic, and geographical diversity of the state so that the board’s composition reflects the communities of California. (f) (1) A member of the board or of the staff of the Exchange shall not be employed by, a consultant to, a member of the board of directors of, affiliated with, or otherwise a representative of, a carrier or other insurer, an agent or broker, a health care professional, or a health care facility or health clinic while serving on the board or on the staff of the Exchange. A member of the board or of the staff of the Exchange shall not be a member, a board member, or an employee of a trade association of carriers, health facilities, health clinics, or health care professionals while serving on the board or on the staff of the Exchange. A member of the board or of the staff of the Exchange shall not be a health care professional unless the member or staff does not receive compensation for rendering services as a health care professional and does not have an ownership interest in a professional health care practice. (2) A board member shall not receive compensation for service on the board, but may receive a per diem and reimbursement for travel and other necessary expenses, as provided in Section 103 of the Business and Professions Code, while engaged in the performance of official duties of the board. (3) For purposes of this subdivision, “health care professional” means a person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Act or the Chiropractic Act. (4) (A) It is the intent of the Legislature that clinical volunteer services be performed in settings that predominantly serve populations that are high need, underserved, or otherwise vulnerable, including the homeless and those who receive health care coverage through the Medi-Cal program. Notwithstanding paragraph (1), a member of the board or of the staff of the Exchange may perform volunteer services if all of the following conditions are met: (i) The member of the board or staff is a health care professional who was actively participating in that profession prior to appointment to the Exchange. (ii) The member of the board or staff does not receive compensation for performing volunteer services and does not have an ownership interest or other financial interest in the entity, facility, clinic, or provider group. (iii) The volunteer services are performed at the University of California or a nonprofit educational institution; a facility, clinic, or provider group operated by, or affiliated with, an academic medical center of either the University of California or a nonprofit educational institution; or a facility, clinic, or provider group operated by a state agency or county health system that does not directly contract with the Exchange. (B) For purposes of this paragraph, compensation and financial interest for a health care professional who performs volunteer services does not include either of the following: (i) A contribution to a professional liability insurance program made by the entity, facility, clinic, or provider group for the member or staff. (ii) The provision of physical space, equipment, support staff, or other supports made by the entity, facility, clinic, or provider group for the member or staff necessary for the performance of volunteer services described in subparagraph (A). (g) A member of the board shall not make, participate in making, or in any way attempt to use the member’s official position to influence the making of a decision that the member knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the board member or a member of the board member’s immediate family, or on either of the following: (1) A source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the member within 12 months prior to the time when the decision is made. (2) A business entity in which the member is a director, officer, partner, trustee, employee, or holds any position of management. (h) The board or a member of the board, or an officer or employee of the board, is not liable in a private capacity for or on account of an act performed or obligation entered into in an official capacity, when done in good faith, without intent to defraud, and in connection with the administration, management, or conduct of this title or affairs related to this title. (i) The board shall hire an executive director to organize, administer, and manage the operations of the Exchange. The executive director shall be exempt from civil service and shall serve at the pleasure of the board. (j) The board is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), except that the board may hold closed sessions when considering matters related to litigation, personnel, contracting, and rates. (k) (1) The board shall apply for planning and establishment grants made available to the Exchange pursuant to Section 1311 of the federal act. If an executive director has not been hired under subdivision (i) when the United States Secretary of Health and Human Services makes the planning and establishment grants available, the California Health and Human Services Agency shall, upon request of the board, submit the initial application for planning and establishment grants to the United States Secretary of Health and Human Services. (2) If a majority of the board has not been appointed when the United States Secretary of Health and Human Services makes the planning and establishment grants available, the California Health and Human Services Agency shall submit the initial application for planning and establishment grants to the United States Secretary of Health and Human Services. Any subsequent applications shall be made as described in paragraph (1) once a majority of the members have been appointed to the board. (3) The board is responsible for using the funds awarded by the United States Secretary of Health and Human Services for the planning and establishment of the Exchange, consistent with subdivision (b) of Section 1311 of the federal act. (l) A reference to the California Health Benefit Exchange or the Exchange is deemed to refer to Covered California. (Amended by Stats. 2020, Ch. 12, Sec. 2. (AB 80) Effective June 29, 2020.)
  38. 100501.1.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    This section defines “insurance affordability program” and “combined eligibility notice” for Title 22.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100501.1. For purposes of this title, the following definitions shall apply: (a) “Insurance affordability program” means a program that is one of the following: (1) The state’s Medi-Cal program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.). (2) The state’s children’s health insurance program (CHIP) under Title XXI of the federal Social Security Act (42 U.S.C. Sec. 1397aa et seq.). (3) A program that makes available to qualified individuals coverage in a qualified health plan through the Exchange with advance payment of the premium tax credit established under Section 36B of the Internal Revenue Code. (4) A program that makes available coverage in a qualified health plan through the Exchange with cost-sharing reductions established under Section 1402 of the federal act. (b) “Combined eligibility notice” means an eligibility notice that informs an individual, or multiple family members of a household, of eligibility for each of the insurance affordability programs and for enrollment in a qualified health plan through the Exchange, for which a determination of eligibility was made. (Added by Stats. 2014, Ch. 869, Sec. 1. (AB 617) Effective January 1, 2015.)
  39. 100502.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    The board must run the Exchange’s health plan certification, disclosure, consumer information, and navigator programs, and certain health plans and navigators must provide specified information and services.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100502. The board shall, at a minimum, do all of the following to implement Section 1311 of the federal act: (a) Implement procedures for the certification, recertification, and decertification, consistent with guidelines established by the United States Secretary of Health and Human Services, of health plans as qualified health plans. The board shall require health plans seeking certification as qualified health plans to do all of the following: (1) Submit a justification for any premium increase prior to implementation of the increase. The plans shall prominently post that information on their internet websites. The board shall take this information, and the information and the recommendations provided to the board by the Department of Insurance or the Department of Managed Health Care under paragraph (1) of subdivision (b) of Section 2794 of the federal Public Health Service Act, into consideration when determining whether to make the health plan available through the Exchange. The board shall take into account any excess of premium growth outside the Exchange as compared to the rate of that growth inside the Exchange, including information reported by the Department of Insurance and the Department of Managed Health Care. (2) (A) Make available to the public and submit to the board, the United States Secretary of Health and Human Services, and the Insurance Commissioner or the Department of Managed Health Care, as applicable, accurate and timely disclosure of the following information: (i) Claims payment policies and practices. (ii) Periodic financial disclosures. (iii) Data on enrollment. (iv) Data on disenrollment. (v) Data on the number of claims that are denied. (vi) Data on rating practices. (vii) Information on cost sharing and payments with respect to any out-of-network coverage. (viii) Information on enrollee and participant rights under Title I of the federal act. (ix) Other information as determined appropriate by the United States Secretary of Health and Human Services. (B) The information required under subparagraph (A) shall be provided in plain language, as defined in subparagraph (B) of paragraph (3) of subdivision (e) of Section 1311 of the federal act. (3) Permit individuals to learn, in a timely manner upon the request of the individual, the amount of cost sharing, including, but not limited to, deductibles, copayments, and coinsurance, under the individual’s plan or coverage that the individual would be responsible for paying with respect to the furnishing of a specific item or service by a participating provider. At a minimum, this information shall be made available to the individual through an internet website and through other means for individuals without access to the internet. (b) Provide for the operation of a toll-free telephone hotline to respond to requests for assistance. (c) Maintain an internet website through which enrollees and prospective enrollees of qualified health plans may obtain standardized comparative information on those plans. (d) Assign a rating to each qualified health plan offered through the Exchange in accordance with the criteria developed by the United States Secretary of Health and Human Services. (e) Utilize a standardized format for presenting health benefits plan options in the Exchange, including the use of the uniform outline of coverage established under Section 2715 of the federal Public Health Service Act. (f) Inform individuals of eligibility requirements for the Medi-Cal program, the Healthy Families Program, or any applicable state or local public program and, if, through screening of the application by the Exchange, the Exchange determines that an individual is eligible for any such program, enroll that individual in the program. (g) Establish and make available by electronic means a calculator to determine the actual cost of coverage after the application of any premium tax credit under Section 36B of the Internal Revenue Code of 1986, any cost-sharing reduction under Section 1402 of the federal act, and any state financial assistance under Title 25. (h) Grant a certification attesting that, for purposes of the individual responsibility penalty under Section 5000A of the Internal Revenue Code of 1986, an individual is exempt from the individual requirement or from the penalty imposed by that section because of either of the following: (1) There is no affordable qualified health plan available through the Exchange or the individual’s employer covering the individual. (2) The individual meets the requirements for any other exemption from the individual responsibility requirement or penalty. (i) Transfer to the Secretary of the Treasury all of the following: (1) A list of the individuals who are issued a certification under subdivision (h), including the name and taxpayer identification number of each individual. (2) The name and taxpayer identification number of each individual who was an employee of an employer but who was determined to be eligible for the premium tax credit under Section 36B of the Internal Revenue Code of 1986 because of either of the following: (A) The employer did not provide minimum essential coverage. (B) The employer provided the minimum essential coverage but it was determined under subparagraph (C) of paragraph (2) of subsection (c) of Section 36B of the Internal Revenue Code of 1986 to either be unaffordable to the employee or not provide the required minimum actuarial value. (3) The name and taxpayer identification number of each individual who notifies the Exchange under paragraph (4) of subsection (b) of Section 1411 of the federal act that they have changed employers and of each individual who ceases coverage under a qualified health plan during a plan year and the effective date of that cessation. (j) Provide to each employer the name of each employee of the employer described in paragraph (2) of subdivision (i) who ceases coverage under a qualified health plan during a plan year and the effective date of that cessation. (k) Perform duties required of, or delegated to, the Exchange by the United States Secretary of Health and Human Services or the Secretary of the Treasury related to determining eligibility for premium tax credits, reduced cost sharing, or individual responsibility exemptions. (l) Establish the navigator program in accordance with subdivision (i) of Section 1311 of the federal act. Any entity chosen by the Exchange as a navigator shall do all of the following: (1) Conduct public education activities to raise awareness of the availability of qualified health plans. (2) Distribute fair and impartial information concerning enrollment in qualified health plans, and the availability of premium tax credits under Section 36B of the Internal Revenue Code of 1986, cost-sharing reductions under Section 1402 of the federal act, and state financial assistance under Title 25. (3) Facilitate enrollment in qualified health plans. (4) Provide referrals to any applicable office of health insurance consumer assistance or health insurance ombudsman established under Section 2793 of the federal Public Health Service Act, or any other appropriate state agency or agencies, for any enrollee with a grievance, complaint, or question regarding the enrollee’s health plan, coverage, or a determination under that plan or coverage. (5) Provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Exchange. (m) Establish the Small Business Health Options Program, separate from the activities of the board related to the individual market, to assist qualified small employers in facilitating the enrollment of their employees in qualified health plans offered through the Exchange in the small employer market in a manner consistent with paragraph (2) of subdivision (a) of Section 1312 of the federal act. (Amended by Stats. 2019, Ch. 38, Sec. 3. (SB 78) Effective June 27, 2019.)
  40. 100503.1.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

    Verify source ↗

    The board must make sure the Exchange website includes direct links to the formulary or formularies for each qualified health plan offered through the Exchange.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100503.1. The board shall ensure that the Internet Web site maintained under subdivision (c) of Section 100502 provides a direct link to the formulary, or formularies, for each qualified health plan offered through the Exchange that is posted by the carrier pursuant to Section 1367.205 of the Health and Safety Code or Section 10123.192 of the Insurance Code. (Added by Stats. 2014, Ch. 575, Sec. 1. (SB 1052) Effective January 1, 2015.)
  41. 100503.2.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

    Verify source ↗

    The board must use specified information to send a notice about possible reduced-cost Exchange coverage or no-cost Medi-Cal coverage, and the notice must explain how to obtain coverage.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100503.2. The board shall use the information received pursuant to Section 12712.5 of the Insurance Code to provide an individual a notice that he or she may be eligible for reduced-cost coverage through the Exchange or no-cost coverage through Medi-Cal. The notice shall include information on obtaining coverage pursuant to those programs. (Added by Stats. 2013, Ch. 442, Sec. 1. (SB 28) Effective January 1, 2014.)
  42. 100503.3.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

    Verify source ↗

    The Exchange must develop financial assistance options, report them by February 1, 2019, and publish the report online.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100503.3. (a) The Exchange, in consultation with stakeholders and the Legislature, shall develop options for providing financial assistance to help low- and middle-income Californians access health care coverage. On or before February 1, 2019, the Exchange shall report those developed options to the Legislature, Governor, and Council on Health Care Delivery Systems, established pursuant to Section 1001 of the Health and Safety Code, for consideration in the 2019–20 budget process. (b) In developing the options, the Exchange shall do both of the following: (1) Include options to assist low-income individuals who are paying a significant percentage of their income on premiums, even with federal financial assistance, and individuals with an annual income of up to 600 percent of the federal poverty level. (2) Consider maximizing all available federal funding and, in consultation with the State Department of Health Care Services, determine whether federal financial participation for the Medi-Cal program would otherwise be jeopardized. The report shall include options that do not require a federal waiver authorized under Section 1332 of the federal act, as defined in subdivision (e) of Section 100501, from the United States Department of Health and Human Services. (c) The Exchange shall make the report publicly available on its Internet Web site. (Added by Stats. 2018, Ch. 34, Sec. 2. (AB 1810) Effective June 27, 2018.)
  43. 100503.4.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

    Verify source ↗

    The Exchange must enroll eligible individuals in the lowest cost silver plan and send them a notice with specified information. Enrollment must happen before coverage ends, and the section must be implemented by July 1, 2021.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100503.4. (a) Upon receipt of an individual’s electronic account pursuant to subdivision (h) of Section 15926 of the Welfare and Institutions Code from the insurance affordability program coverage, as specified in subparagraphs (A) and (B) of paragraph (3) of subdivision (a) of Section 15926 of the Welfare and Institutions Code, the Exchange shall use the available information to enroll the individual or individuals in the lowest cost silver plan available, unless the Exchange has information from the county, State Department of Health Care Services, managed care plan, or another plan as determined by the Exchange that enables the Exchange to enroll the individual with the individual’s previous managed care plan within the timeframe required by subdivision (b). (b) Plan enrollment shall occur before the termination date of coverage through the insurance affordability program. (c) The plan’s premium due date shall be no sooner than the last day of the first month of enrollment. (d) The Exchange shall provide an individual who is enrolled in a plan pursuant to this section with a notice that includes the following information: (1) The plan in which the individual is enrolled. (2) The individual’s right to select another available plan and any relevant deadlines for that selection. (3) How to receive assistance to select a plan. (4) The individual’s right not to enroll in the plan. (5) Information for an individual appealing their previous coverage through an insurance affordability program. (6) A statement that services received during the first month of enrollment will only be covered by the plan if the premium is paid by the due date. (e) This section shall be implemented no later than July 1, 2021. (Added by Stats. 2019, Ch. 845, Sec. 1. (SB 260) Effective January 1, 2020.)
  44. 100503.5.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

    Verify source ↗

    The Exchange must make minimum monthly payments for covered services for eligible enrollees, pay issuers directly, and cannot use the California Health Trust Fund for those payments.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100503.5. (a) The Exchange shall provide payments equaling the cost of providing coverage of services described in Section 18023(b)(1)(B)(i) of Title 42 of the United States Code to individuals enrolled in a qualified health plan through the Exchange in the individual market. The payments shall not be less than one dollar ($1) per enrollee per month. (b) The Exchange shall make the payments required under subdivision (a) directly to the qualified health plan issuers on behalf of the enrollees. (c) The payments required under subdivision (a) shall be made upon appropriation by the Legislature. The payments shall not be made from the California Health Trust Fund established by Section 100520. (d) Subject to appropriation, the payments shall be made for months beginning on or after January 1, 2022. (e) For purposes of this section, “qualified health plan” does not include a qualified dental plan offered through the Exchange. (f) This section does not create an entitlement program of any kind, appropriate any funds, require the Legislature to appropriate any funds, or increase or decrease taxes owed by a taxpayer. (Added by Stats. 2021, Ch. 143, Sec. 10. (AB 133) Effective July 27, 2021.)
  45. 100503.6.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

    Verify source ↗

    The Exchange must make payments to issuers of qualified health plans to help cover certain gender-affirming care benefit costs, but only if the Legislature appropriates money.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100503.6. (a) If a qualified health plan is required to cover state-mandated gender-affirming care benefits determined to be in addition to essential health benefits pursuant to Section 18031(d)(3)(B) of Title 42 of the United States Code, the Exchange shall provide payments to issuers of qualified health plans offered through the Exchange to defray the costs of offering those benefits to qualified health plan enrollees. (b) In accordance with Section 155.170 of Title 45 of the Code of Federal Regulations, the payments required by subdivision (a) shall equal the cost of the additional required benefits reported to the Exchange. (c) The payments required under subdivision (a) shall only be made upon appropriation by the Legislature. The payments shall not be made from the California Health Trust Fund established by Section 100520. (d) Subject to an appropriation by the Legislature, the payments shall be made for plan years beginning on or after January 1, 2026. (e) This section does not create an entitlement program of any kind, appropriate any funds, require the Legislature to appropriate any funds, or increase or decrease taxes owed by a taxpayer. (f) The Director of the Department of Managed Health Care may issue guidance regarding gender-affirming care benefits subject to this section. This guidance shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). (Added by Stats. 2025, Ch. 105, Sec. 11. (AB 144) Effective September 17, 2025.)
  46. 100503.7.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

    Verify source ↗

    The board must publish certain qualified health plan data on the Exchange website, and qualified health plans and related carriers must provide and disclose specified enrollee, quality, financial, and product information.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100503.7. (a) (1) If the board requires, or has previously required in its contracts with qualified health plans, a qualified health plan to report on cost reduction efforts, quality improvements, or disparity reductions, the board shall make public on the internet website of the Exchange plan-specific data on cost reduction efforts, quality improvements, and disparity reductions. (2) Data and information posted on the internet website of the Exchange pursuant to paragraph (1) shall be posted in a way that demonstrates the compliance and performance of a qualified health plan with respect to cost reduction efforts, quality improvement, or disparity reduction reporting, but protects the personal information of an enrollee. Comparison among qualified health plans shall contribute to the understanding of the data and progress in achieving goals established by the Exchange through qualified health plan contracts. (3) The board shall post information on the internet website of the Exchange pursuant to paragraphs (1) and (2) no less than annually. (b) (1) A qualified health plan shall provide data on enrollees to the Exchange in a form, manner, and frequency specified by the Exchange. (2) Data and information made public by the Exchange shall be disclosed in a manner that protects the personal information of an enrollee, pursuant to state and federal privacy laws, including the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) and the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). (3) Records that reveal contracted rates paid by qualified health plans to providers and enrollee coinsurance that can be used to determine contracted rates paid by plans to providers shall not be subject to public disclosure. (c) (1) A qualified health plan shall provide to the Exchange information that the board identifies as necessary to conduct its duties or exercise its oversight powers. (2) The information shall be furnished in the form, manner, and frequency specified by the Exchange. (d) (1) A qualified health plan shall provide enrollee data and other information on quality measures, including contract compliance with measures that affect individual and population health, as well as improvements in care coordination and patient safety, in a manner that allows for an analysis by demographic subpopulations. (2) A qualified health plan shall provide enrollee data, encounter data, and other information on quality measures, performance improvement strategies, payment methods, and other information necessary to monitor adherence to contract provisions designed to improve health equity and reduce health disparities on an individual and population health basis. (3) A qualified health plan shall also provide financial data and information, including cost detail, claims data, encounter data, and payment methods to evaluate cost and utilization experience for enrollees. Enrollment data and information shall include demographic, coverage, premium, product, network, and benefit design detail for each enrollee. (e) A health care service plan or health insurer contracted with the Exchange to offer a qualified health plan shall disclose to the board the following information: (1) Nongrandfathered individual market products, whether offered through the Exchange or otherwise. (2) Nongrandfathered small group products, whether offered through the Exchange or otherwise. (f) A health care service plan or health insurer contracted with the Exchange to offer a qualified health plan shall also disclose to the board, at the request of the board, quality and disparity data and information for all of the enrollees and insureds of the carrier in the individual and small group markets, but not including large group, Medi-Cal, or Medicare. (g) In order to permit the Exchange to implement the provisions of subdivision (c) of Section 100503 and Section 2 of Chapter 655 of the Statutes of 2010, a health care service plan or health insurer contracted with the Exchange to offer a qualified health plan shall also disclose to the board data and information required by this section for each of the plan years in which the qualified health plan is or has been contracted with the Exchange, including prior years. (h) For purposes of this section: (1) “Disparity reduction” means a reduction in variation in disease occurrence, including communicable diseases and chronic conditions, as well as health outcomes between population groups by age, geographic area, primary language, race, ethnicity, sex, gender identity, sexual orientation, and disability status. (2) “Financial data and information” means cost detail, including enrollee cost sharing, allowed amounts, fee schedules, and fee-for-service equivalent amounts. (3) “Personal information” has the same meaning as set forth in Section 1798.3 of the Civil Code. (Added by Stats. 2019, Ch. 812, Sec. 2. (AB 929) Effective January 1, 2020.)
  47. 100503.8.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

    Verify source ↗

    The board must conduct health oversight activities for Exchange operations.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100503.8. The board shall engage in health oversight activities relating to Exchange operations, including, but not limited to, audits, investigations, inspections, evaluations, analyses, data collection through routine reporting, and any other activities for oversight of the Exchange, including qualified health plan contracts with health care service plans and health insurers. In performing those duties, the board may exercise its authority directly or through its designees, and shall be acting as a health oversight agency, as defined in Section 164.501 of Title 45 of the Code of Federal Regulations. (Added by Stats. 2019, Ch. 812, Sec. 3. (AB 929) Effective January 1, 2020.)
  48. 100503.9.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

    Verify source ↗

    The Exchange must request certain applicant information from the Employment Development Department at least monthly, and both the Exchange and any recipients must keep that information confidential and use it only for outreach about Exchange health coverage.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100503.9. (a) (1) Beginning no later than September 1, 2023, and at least monthly thereafter, subject to the restrictions in paragraph (5) of subdivision (b), the Exchange shall request from the Employment Development Department the following information of each new applicant for unemployment compensation, state disability, and paid family leave: (A) Last name. (B) First name. (C) Middle initial. (D) Social security number. (E) Date of birth. (F) Race or ethnicity, to the extent available. (G) Preferred language. (H) Gender. (I) All mailing addresses, including city, state, and ZIP Code. (J) All telephone numbers, including home, work, and cellular. (K) Email address, to the extent available. (L) Date of most recent job loss, to the extent available. (M) Wages or prior wages. (N) The Employment Development Department program for which the applicant filed. (O) Date the claim was filed. (P) Claimant eligibility status. (Q) Date initial payment was approved by the Employment Development Department. (R) The weekly benefit amount. (S) The benefit period start date. (T) The benefit period end date. (2) The Employment Development Department shall provide the information pursuant to paragraph (1) in a manner prescribed by the Exchange. (3) The Employment Development Department may provide the information pursuant to paragraph (1) more frequently than monthly during periods of high unemployment. (b) (1) Consistent with subdivision (k) of Section 100503, the Exchange shall market and publicize the availability of health care coverage through the Exchange, and shall engage in outreach activities, to the individuals whose information the Exchange receives pursuant to subdivision (a). (2) The Exchange may use any contact method that is intended to reach the person at their residence or other personal contact channel to communicate with and inform an individual whose information the Exchange receives pursuant to subdivision (a) of available health care coverage options through the exchange and to assist those individuals in obtaining health care coverage. (3) (A) The Exchange may disclose information obtained from the Employment Development Department to outreach and marketing vendors under contract to the Exchange. (B) The Exchange shall not disclose information obtained from the Employment Development Department to a certified insurance agent, a certified enrollment counselor, or any other entity without the consent of the applicant, except as provided in subparagraph (A). (4) Any outreach and marketing conducted pursuant to this section shall include, in a conspicuous and easy to access manner, the ability for individuals to decline all future outreach and marketing. (5) The Exchange shall take all necessary measures to safeguard the confidentiality of any information obtained from the Employment Development Department and shall at no time use or disclose that information for any purpose other than to market and publicize the availability of health care coverage through the Exchange to individuals whose information the Exchange receives pursuant to paragraph (1) of subdivision (a). The Exchange shall at all times only request from the Employment Development Department, use, or disclose the minimum amount of information necessary to accomplish the purposes for which it was obtained. (6) A person or entity that receives information from the Exchange pursuant to this section shall take all necessary measures to safeguard the confidentiality of any information obtained from the Exchange and shall at no time use or disclose that information for any purpose other than to market and publicize the availability of health care coverage through the Exchange to individuals, as directed by the Exchange. A person or entity shall at all times only request from the Exchange, use, or disclose the minimum amount of information necessary to accomplish the purposes for which it was received. (7) Information received by the Exchange from the Employment Development Department shall both: (A) At all times be subject to applicable privacy and information security-related requirements arising under both federal and state law. (B) Be destroyed in a manner that maintains confidentiality. (8) The Exchange shall ensure that information disclosed to outreach and marketing vendors or any other entity pursuant to this section shall comply with paragraph (7). (Amended by Stats. 2023, Ch. 492, Sec. 1. (SB 595) Effective January 1, 2024.)
  49. 100504.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

    Verify source ↗

    The board has broad authority over the Exchange, including collecting premiums, making contracts, accepting gifts, adopting rules, and requiring carrier/provider information. The Exchange may collect only information needed to administer it.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100504. (a) The board may do the following: (1) With respect to individual coverage made available in the Exchange, collect premiums and assist in the administration of subsidies. (2) Enter into contracts. (3) Sue and be sued. (4) Receive and accept gifts, grants, or donations of moneys from an agency of the United States, an agency of the state, and a municipality, county, or other political subdivision of the state. (5) Receive and accept gifts, grants, or donations from individuals, associations, private foundations, and corporations, in compliance with the conflict of interest provisions to be adopted by the board at a public meeting. (6) (A) Adopt rules and regulations, as necessary. Until January 1, 2030, necessary rules and regulations, except those implementing Section 1043, may be adopted as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption of emergency regulations pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, including subdivisions (e) and (h) of Section 11346.1, an emergency regulation adopted pursuant to this section shall be repealed by operation of law unless the adoption, amendment, or repeal of the regulation is promulgated by the board pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 within five years of the initial adoption of the emergency regulation. A rule or regulation adopted pursuant to this section shall be discussed by the board during at least one properly noticed board meeting before the board meeting at which the board adopts the rule or regulation. Notwithstanding subdivision (h) of Section 11346.1, until January 1, 2035, the Office of Administrative Law may approve more than two readoptions of an emergency regulation adopted pursuant to this section. (B) The amendments made to this paragraph by the act that added this subparagraph also shall apply to a regulation adopted pursuant to this section before January 1, 2025. (7) Collaborate with the State Department of Health Care Services and the Managed Risk Medical Insurance Board, to the extent possible, to allow an individual the option to remain enrolled with the individual’s carrier and provider network if the individual experiences a loss of eligibility of premium tax credits and becomes eligible for the Medi-Cal program, or loses eligibility for the Medi-Cal program and becomes eligible for premium tax credits through the Exchange. (8) Share information with relevant state departments, consistent with the confidentiality provisions in Section 1411 of the federal act, necessary for the administration of the Exchange. (9) Require carriers participating in the Exchange to make available to the Exchange and regularly update an electronic directory of contracting health care providers so that individuals seeking coverage through the Exchange can search by health care provider name to determine which health plans in the Exchange include that health care provider in their network. The board may also require a carrier to provide regularly updated information to the Exchange as to whether a health care provider is accepting new patients for a particular health plan. The Exchange may provide an integrated and uniform consumer directory of health care providers indicating which carriers the providers contract with and whether the providers are currently accepting new patients. The Exchange may also establish methods by which health care providers may transmit relevant information directly to the Exchange, rather than through a carrier. (10) Make available supplemental coverage for enrollees of the Exchange to the extent permitted by the federal act, provided that General Fund money is not used to pay the cost of that coverage. Supplemental coverage offered in the Exchange shall be subject to the charge imposed under subdivision (n) of Section 100503. (b) The Exchange shall only collect information from individuals or designees of individuals necessary to administer the Exchange and consistent with the federal act. (c) (1) The board shall have the authority to standardize products to be offered through the Exchange. A product standardized by the board pursuant to this subdivision shall be discussed by the board during at least one properly noticed board meeting before the board meeting at which the board adopts the standardized products to be offered through the Exchange. (2) The adoption, amendment, or repeal of a regulation by the board to implement this subdivision is exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). (Amended by Stats. 2024, Ch. 236, Sec. 1. (AB 2435) Effective January 1, 2025.)
  50. 100504.5.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

    Verify source ↗

    The Exchange must make bridge plan products available, contract with and certify them, and provide information about available plans, subject to federal approval and other listed requirements.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100504.5. (a) To the extent approved by the appropriate federal agency, for the purpose of implementing the option in paragraph (7) of subdivision (a) of Section 100504, the Exchange shall make available bridge plan products to individuals specified in Section 14005.70 of the Welfare and Institutions Code. In implementing this requirement, the Exchange, using the selective contracting authority described in subdivision (c) of Section 100503, shall contract with, and certify as a qualified health plan, a bridge plan product that is, at a minimum, certified by the Exchange as a qualified bridge plan product. For purposes of this section, in order to be a qualified bridge plan product, the plan shall do all of the following: (1) Be a health care service plan or health insurer that contracts with the State Department of Health Care Services to provide Medi-Cal managed care plan services pursuant to Section 14005.70 of the Welfare and Institutions Code. (2) Meet minimum requirements to contract with the Exchange as a qualified health plan pursuant to Section 1301 of the federal Patient Protection and Affordable Care Act (Public Law 111-148) and Sections 100502, 100503, and 100507 of this code. (3) Enroll in the bridge plan product only individuals who meet the requirements of Section 14005.70 of the Welfare and Institutions Code. (4) Comply with the medical loss ratio requirements of Section 1399.864 of the Health and Safety Code or Section 10961 of the Insurance Code. (5) Demonstrate the bridge plan product has, at minimum, a substantially similar provider network as the Medi-Cal managed care plan offered by the health care service plan or health insurer. (b) The Exchange shall provide information on all of the available Exchange-qualified health plans in the area, including, but not limited to, bridge plan product options for selection by individuals eligible to enroll in a bridge plan product. (c) Nothing in this section shall be implemented in a manner that conflicts with a requirement of the federal act. (d) This section shall become inoperative on the October 1 that is five years after the date that federal approval of the bridge plan option occurs, and, as of the second January 1 thereafter, is repealed, unless a later enacted statute that is enacted before that date deletes or extends the dates on which it becomes inoperative and is repealed. (Added by Stats. 2013, 1st Ex. Sess., Ch. 5, Sec. 6. (SB 3 1x) Effective September 30, 2013. Conditionally inoperative, on date prescribed by its own provisions. Repealed, by its own provisions, on second January 1 after inoperative date.)
  51. 100504.6.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    The Exchange may adopt regulations to implement Section 100504.5, and until January 1, 2016 those regulations are exempt from the Administrative Procedure Act. Before adopting regulations, the board and staff must meet the requirement in Section 100503(t) when implementing the bridge plan option.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100504.6. (a) The Exchange shall have the authority to adopt regulations to implement the provisions of Section 100504.5. Prior to the adoption of regulations, the board and its staff shall meet the requirement of subdivision (t) of Section 100503 in implementing the bridge plan option. Until January 1, 2016, the adoption, amendment, or repeal of a regulation authorized by this section shall be exempted from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). (b) This section shall become inoperative on the October 1 that is five years after the date that federal approval of the bridge plan option occurs, and, as of the second January 1 thereafter, is repealed, unless a later enacted statute that is enacted before that date deletes or extends the dates on which it becomes inoperative and is repealed. (Added by Stats. 2013, 1st Ex. Sess., Ch. 5, Sec. 7. (SB 3 1x) Effective September 30, 2013. Conditionally inoperative, on date prescribed by its own provisions. Repealed, by its own provisions, on second January 1 after inoperative date.)
  52. 100505.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    The board must use a competitive process for selecting carriers and contractors, adopt a contracting manual, and keep that manual’s policies and procedures substantially similar to the State Contracting Manual.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100505. (a) The board shall establish and use a competitive process to select participating carriers and any other contractors under this title. Any contract entered into pursuant to this title shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. The board shall adopt a Health Benefit Exchange Contracting Manual incorporating procurement and contracting policies and procedures that shall be followed by the Exchange. The policies and procedures in the manual shall be substantially similar to the provisions contained in the State Contracting Manual. (b) The adoption, amendment, or repeal of a regulation by the board to implement this section, including the adoption of a manual pursuant to subdivision (a) and any procurement process conducted by the Exchange in accordance with the manual, is exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). (Amended by Stats. 2015, Ch. 323, Sec. 6. (SB 102) Effective September 22, 2015.)
  53. 100506.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    The board must create an appeals process for Exchange enrollees that follows federal requirements.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100506. (a) The board shall establish an appeals process for prospective and current enrollees of the Exchange that complies with all requirements of the federal act concerning the role of a state Exchange in facilitating federal appeals of Exchange-related determinations. Once the federal regulations concerning appeals have been issued in final form by the United States Secretary of Health and Human Services, the board may establish additional requirements related to appeals, provided that the board determines, prior to adoption, that any additional requirement results in no cost to the General Fund and no increase in the charge imposed under subdivision (n) of Section 100503. (b) The board shall not be required to provide an appeal if the subject of the appeal is within the jurisdiction of the Department of Managed Health Care pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and its implementing regulations, or within the jurisdiction of the Department of Insurance pursuant to the Insurance Code and its implementing regulations. (Amended by Stats. 2019, Ch. 38, Sec. 4. (SB 78) Effective June 27, 2019.)
  54. 100506.1.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    An applicant or enrollee may appeal certain eligibility, enrollment, subsidy, exemption, and notice-related determinations or failures.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100506.1. An applicant or enrollee has the right to appeal any of the following: (a) Any action or inaction related to the individual’s eligibility for or enrollment in an insurance affordability program, or for advance payment of premium tax credits and cost-sharing reductions, or the amount of the advance payment of the premium tax credit and level of cost sharing, or eligibility for affordable plan options, or eligibility for state financial assistance, or the amount of the advanced premium assistance subsidy. (b) An eligibility determination for an exemption from the individual responsibility penalty pursuant to Section 1311(d)(4)(H) of the federal act or an eligibility determination for an exemption from the Minimum Essential Coverage Individual Mandate, as specified in Section 100715. (c) A failure to provide timely or adequate notice of an eligibility determination or redetermination or an enrollment-related determination. (Amended by Stats. 2019, Ch. 38, Sec. 5. (SB 78) Effective June 27, 2019.)
  55. 100506.2.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    The entity handling an eligibility or enrollment determination must give applicants notice of the appeals process and later issue a combined eligibility notice once CalHEERS is ready, by the stated deadline.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100506.2. (a) The entity making an eligibility or enrollment determination described in Section 100506.1 shall provide notice of the appeals process at the time of application and at the time of eligibility or enrollment determination or redetermination. (b) The entity making an eligibility or enrollment determination described in Section 100506.1 shall also issue a combined eligibility notice after the Director of Health Care Services determines in writing that the California Healthcare Eligibility, Enrollment, and Retention System (CalHEERS) has been programmed for the implementation of this section, but no later than July 1, 2017. The combined eligibility notice shall contain all of the following: (1) Information about eligibility or ineligibility for Medi-Cal, premium tax credits and cost-sharing reductions, state financial assistance, and, if applicable, for the Medi-Cal Access Program, for each individual, or multiple family members of a household, that has applied, including all of the following: (A) An explanation of the action reflected in the notice, including the effective date of the action. (B) Any factual bases upon which the decision is made. (C) Citations to, or identification of, the legal authority supporting the action. (D) Contact information for available customer service resources, including local legal aid and welfare rights offices. (E) The effective date of eligibility and enrollment. (2) Information regarding the bases of eligibility for non-modified adjusted gross income (MAGI) Medi-Cal and the benefits and services afforded to individuals eligible on those bases, sufficient to enable the individual to make an informed choice as to whether to appeal the eligibility determination or the date of enrollment, which may be included with the notice in a separate document. (3) An explanation that the applicant or enrollee may appeal any action or inaction related to an individual’s eligibility for or enrollment in an insurance affordability program or state financial assistance with which the applicant or enrollee is dissatisfied by requesting a state fair hearing consistent with this title and the provisions of Chapter 7 (commencing with Section 10950) of Part 2 of Division 9 of the Welfare and Institutions Code. (4) Information on the applicant or enrollee’s right to represent themselves or to be represented by legal counsel or an authorized representative as provided in subdivision (f) of Section 100506.4. (5) An explanation of the circumstances under which the applicant’s or enrollee’s eligibility shall be maintained or reinstated pending an appeal decision, pursuant to Section 100506.5. (c) This section shall be implemented only to the extent it does not conflict with federal law. (Amended by Stats. 2019, Ch. 38, Sec. 6. (SB 78) Effective June 27, 2019.)
  56. 100506.3.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    The board must contract with the State Department of Social Services to handle Exchange appeals for certain eligibility, enrollment, redetermination, and exemption decisions.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100506.3. (a) The board shall enter into a contract with the State Department of Social Services to serve as the Exchange appeals entity designated to hear appeals of eligibility or enrollment determination or redetermination for persons in the individual market, or exemption determinations within the Exchange’s jurisdiction. To the extent applicable, the provisions of this title, Subpart F of Part 155 of Title 45 of the Code of Federal Regulations, and Article 7 of Chapter 12 of Title 10 of the California Code of Regulations shall govern the Exchange hearing process. If those provisions are not applicable, the Medi-Cal hearing process established in Chapter 7 (commencing with Section 10950) of Part 2 of Division 9 of the Welfare and Institutions Code shall govern the Exchange hearing process. (b) This section shall be implemented only to the extent it does not conflict with federal law. (Added by Stats. 2014, Ch. 869, Sec. 4. (AB 617) Effective January 1, 2015.)
  57. 100506.4.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    This section sets out the appeal process for applicants and enrollees, including appeal deadlines, expedited appeals, informal resolution, hearing rights, notices, and record-sharing duties.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100506.4. (a) (1) Except as provided in paragraph (2), the State Department of Social Services, acting as the appeals entity, shall allow an applicant or enrollee to request an appeal within 90 days of the date of the notice of an eligibility or enrollment determination, or exemption determination within the Exchange’s jurisdiction, unless there is good cause as provided in Section 10951 of the Welfare and Institutions Code. (2) The appeals entity shall establish and maintain a process for an applicant or enrollee to request an expedited appeals process where there is immediate need for health services because a standard appeal could seriously jeopardize the appellant’s life, health, or the ability to attain, maintain, or regain maximum function. If an expedited appeal is granted, the decision shall be issued as expeditiously as possible, but no later than five working days after the hearing, unless the appellant agrees to a delay to submit additional documents for the appeals record. If an expedited appeal is denied, the appeals entity shall notify the appellant within three days by telephone or through other commonly available secure electronic means, to be followed by a notice in writing, within five working days of the denial of an expedited appeal. If an expedited appeal is denied, the appeal shall be handled through the standard appeal process. (b) Appeal requests may be submitted to the appeals entity by telephone, by mail, in person, through the internet, through other commonly available electronic means, or by facsimile. (c) The staff of the Exchange, the county, or the State Department of Health Care Services or its designee shall assist the applicant or enrollee in making the appeal request. (d) (1) Upon receipt of an appeal, the appeals entity shall send timely acknowledgment to the appellant that the appeal has been received. The acknowledgment shall include information relating to the appellant’s eligibility for benefits while the appeal is pending, an explanation that advance payments of the premium tax credit and advanced premium assistance subsidy while the appeal is pending may be subject to reconciliation if the appeal is unsuccessful, an explanation that the appellant may participate in informal resolution pursuant to subdivision (g), information regarding how to initiate informal resolution, and an explanation that the appellant shall have the opportunity to review the appellant’s entire eligibility file, including information on how an income determination was made and all papers, requests, documents, and relevant information in the possession of the entity that made the decision that is the subject of the appeal at any time from the date on which an appeal request is filed to the date on which the appeal decision is issued. (2) Upon receipt of an appeal request, the appeals entity shall send, via secure electronic means, timely notice of the appeal to the Exchange and the county, and the State Department of Health Care Services or its designee if applicable. (3) Upon receipt of the notice of appeal from the appeals entity, the entity that made the determination of eligibility or enrollment being appealed shall transmit, either as a hardcopy or electronically, the appellant’s eligibility and enrollment records for use in the adjudication of the appeal to the appeals entity. (e) A member of the board, employee of the Exchange, a county, the State Department of Health Care Services or its designee, or the appeals entity shall not limit or interfere with an applicant’s or enrollee’s right to make an appeal or attempt to direct the individual’s decisions regarding the appeal. (f) An applicant or enrollee may be represented by counsel or designate an authorized representative to act on the applicant’s or enrollee’s behalf, including, but not limited to, when making an appeal request and participating in the informal resolution process provided in subdivision (g). (g) An applicant or enrollee who files an appeal shall have the opportunity for informal resolution, prior to a hearing, that conforms to all of the following: (1) A representative of the entity that made the eligibility or enrollment determination shall contact the appellant or the appellant’s appropriately authorized representative and offer to discuss the determination with the appellant if the appellant agrees. (2) The appellant’s right to a hearing shall be preserved if the appellant is dissatisfied with the outcome of the informal resolution process. The appellant or the authorized representative may withdraw the hearing request voluntarily or may agree to a conditional withdrawal that shall list the agreed-upon conditions that the appellant and the Exchange, county, or the State Department of Health Care Services or its designee shall meet. (3) If the appeal advances to a hearing, the appellant shall not be required to provide duplicative information or documentation that the appellant previously provided during the application, redetermination, enrollment, or informal resolution processes. (4) The informal resolution process shall not delay the timeline for a provision of a hearing. (5) The informal resolution process is voluntary and neither an appellant’s participation nor nonparticipation in the informal resolution process shall affect the right to a hearing under this section. (6) For eligibility or enrollment determinations for insurance affordability programs based on modified adjusted gross income (MAGI) or state financial assistance under Title 25, the appellant or the appellant’s appropriately authorized representative may initiate the informal resolution process with the entity that made the determination, except that all of the following shall apply: (A) The Exchange shall conduct informal resolution involving issues related only to the Exchange, including, but not limited to, exemption from the individual responsibility penalty pursuant to Section 1311(d)(4)(H) of the federal act, offers of affordable employer coverage, special enrollment periods, and eligibility for affordable plan options. (B) Counties shall conduct informal resolution involving issues related to non-MAGI Medi-Cal eligibility or enrollment decisions. (C) The State Department of Health Care Services or its designee shall conduct informal resolution involving issues related to eligibility or enrollment determinations for programs when the State Department of Health Care Services is the entity making the determination. (7) The staff involved in the informal resolution process shall try to resolve the issue through a review of case documents, in person or through electronic means as desired by the appellant, and shall give the appellant the opportunity to review case documents, verify the accuracy of submitted documents, and submit updated information or provide further explanation of previously submitted documents. (8) The informal resolution process set forth by the State Department of Social Services for Medi-Cal fair hearings shall be used for the informal resolutions pursuant to this subdivision and shall require the Exchange, county representative, or the State Department of Health Care Services or its designee to do the following: (A) Review the file to determine the appropriateness of the action and whether a hearing is needed. (B) Attempt to resolve the matter if the action was incorrect. (C) Determine whether a dual agency appeal is required to resolve the matter at hearing and notice the other agency if not already included. (D) Determine whether interpretation services are necessary and arrange for those services accordingly. (E) Inform appellants of other agencies that may also be available to resolve the controversy. (h) (1) A position statement, as required by Section 10952.5 of the Welfare and Institutions Code, shall be made available at least two working days before the hearing on the appeal. The position statement shall be made available electronically by the entity that determined eligibility if the entity has the capacity to send information electronically in a secure manner. (2) The appeals entity shall send written notice, electronically or in hard copy, to the appellant of the date, time, and location of the hearing no later than 15 days prior to the date of the hearing. If the date, time, and location of the hearing are prohibitive of participation by the appellant, the appeals entity shall make reasonable efforts to set a reasonable, mutually convenient date, time, and location. The notice shall explain what format the hearing shall be held in, via telephone or video conference or in person, and include the right of the appellant to request that the hearing be held via telephone or video conference or in person. The notice shall include instructions for submitting the request on the notice, by telephone or through other commonly available electronic means. (3) The hearing format may be held via telephone or video conference, unless the appellant requests the hearing be held in person pursuant to paragraph (2). (4) The hearing shall be an evidentiary hearing where the appellant may present evidence, bring witnesses, establish all relevant facts and circumstances, and question or refute any testimony or evidence, including, but not limited to, the opportunity to confront and cross-examine adverse witnesses, if any. (5) The hearing shall be conducted by one or more impartial officials who have not been directly involved in the eligibility or enrollment determination or any prior appeal decision in the same matter. (6) The appellant shall have the opportunity to review the appellant’s appeal record, case file, and all documents to be used by the appeals entity at the hearing, at a reasonable time before the date of the hearing as well as during the hearing. (7) Cases and evidence shall be reviewed de novo by the appeals entity. (i) Decisions shall be made within 90 days from the date the appeal is filed and shall be based exclusively on the application of the applicable laws and eligibility and enrollment rules to the information used to make the eligibility or enrollment decision, as well as any other information provided by the appellant during the course of the appeal. The content of the decision of appeal shall include a decision with a plain language description of the effect of the decision on the appellant’s eligibility or enrollment, a summary of the facts relevant to the appeal, an identification of the legal basis for the decision, and the effective date of the decision, which may be retroactive at the election of the appellant if the appellant is otherwise eligible. (j) Upon adjudication of the appeal, the appeals entity shall transmit the decision of appeal to the entity that made the eligibility or enrollment determination via a secure electronic means. (k) If an appellant disagrees with the decision of the appeals entity, the appellant may make an appeal request regarding coverage in a qualified health plan through the Exchange to the federal Department of Health and Human Services within 30 days of the notice of decision through any of the methods in subdivision (b). (l) An appellant may also seek judicial review to the extent provided by law. Appeal to the federal Department of Health and Human Services is not a prerequisite for seeking judicial review, nor shall seeking an appeal to the federal Department of Health and Human Services preclude a judicial review. (m) Upon final exhaustion of administrative or judicial review, whichever is later, that affects the amount of advance payment of the premium tax credit or the amount of advanced premium assistance subsidy, or both, for a taxable year that has been reconciled previously, the appellant shall file an amended return for that taxable year to reconcile the advanced premium assistance subsidy pursuant to subdivision (a) of Section 100810. (n) Nothing in this section, or in Sections 100506.1 and 100506.2, shall limit or reduce an appellant’s rights to notice, hearing, and appeal under Medi-Cal, county indigent programs, or any other public programs. (o) This section shall be implemented only to the extent it does not conflict with federal law. (Amended by Stats. 2019, Ch. 38, Sec. 7. (SB 78) Effective June 27, 2019.)
  58. 100506.5.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    If an appeal is filed from a redetermination of certain Exchange assistance, the entity that made the redetermination must keep the applicant or enrollee at the same eligibility level while the appeal is pending.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100506.5. For appeals of redetermination of Exchange advance premium tax credits, cost-sharing reductions, or state financial assistance, upon receipt of notice from the appeals entity that it has received an appeal, the entity that made the redetermination shall continue to consider the applicant or enrollee eligible for the same level of advance premium tax credits, cost-sharing reductions, or state financial assistance while the appeal is pending in accordance with the level of eligibility immediately before the redetermination being appealed. (Amended by Stats. 2019, Ch. 38, Sec. 8. (SB 78) Effective June 27, 2019.)
  59. 100507.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    The Exchange is not subject to licensure or regulation by two named departments. Carriers that contract with the Exchange must hold the proper license or certificate and be in good standing with their regulators.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100507. (a) Notwithstanding any other provision of law, the Exchange shall not be subject to licensure or regulation by the Department of Insurance or the Department of Managed Health Care. (b) Carriers that contract with the Exchange shall have a license or certificate of authority from, and shall be in good standing with, their respective regulatory agencies. (Added by Stats. 2010, Ch. 655, Sec. 11. (AB 1602) Effective January 1, 2011.)
  60. 100508.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    Certain Exchange records are exempt from disclosure, and some contracts and amendments become open to inspection after one year.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100508. (a) Notwithstanding subdivision (b), records of the Exchange that reveal either of the following shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1): (1) The deliberative processes, discussions, communications, or any other portion of the negotiations with entities contracting or seeking to contract with the Exchange, entities with which the Exchange is considering a contract, or entities with which the Exchange is considering or enters into any other arrangement under which the Exchange provides, receives, or arranges services or reimbursement. (2) Records that reveal claims data, encounter data, cost detail, information about payment methods, contracted rates paid by qualified health plans to providers, and enrollee coinsurance or other cost sharing that can be used to determine contracted rates paid by plans to providers. (b) Subject to subdivision (a), the following records of the Exchange shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) as follows: (1) Contracts with participating carriers entered into pursuant to this title on or after October 1, 2013, shall be open to inspection one year after the effective dates of the contracts. (2) If contracts with participating carriers entered into pursuant to this title are amended, the amendments shall be open to inspection one year after the effective date of the amendments. (c) Notwithstanding any other law, entire contracts with participating carriers or amendments to contracts with participating carriers shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments until the contracts or amendments to a contract are open to inspection pursuant to subdivision (b). (Amended by Stats. 2021, Ch. 615, Sec. 219. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  61. 100510.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    A person or entity may not present itself as representing or providing services for the Exchange unless it has a valid agreement with the Exchange.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100510. (a) No individual or entity shall hold himself, herself, or itself out as representing, constituting, or otherwise providing services on behalf of the Exchange unless that individual or entity has a valid agreement with the Exchange to engage in those activities. (b) Any individual or entity who aids or abets another individual or entity in violation of this section shall also be in violation of this section. (Added by Stats. 2012, Ch. 876, Sec. 1. (AB 1761) Effective January 1, 2013.)
  62. 100520.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    This section creates the California Health Trust Fund and restricts how its money may be used, transferred, retained, and carried forward.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100520. (a) The California Health Trust Fund is hereby created in the State Treasury for the purpose of this title, Title 24 (commencing with Section 100700), and Title 25 (commencing with Section 100800). Notwithstanding Section 13340, all moneys in the fund shall be continuously appropriated without regard to fiscal year for the purposes of this title, Title 24 (commencing with Section 100700), and Title 25 (commencing with Section 100800). Any moneys in the fund that are unexpended or unencumbered at the end of a fiscal year may be carried forward to the next succeeding fiscal year. (b) Notwithstanding any other provision of law, moneys deposited in the fund shall not be loaned to, or borrowed by, any other special fund or the General Fund, or a county general fund or any other county fund. (c) To the extent permitted by federal law, moneys deposited in the Federal Trust Fund established pursuant to Section 16360 may be transferred to the California Health Trust Fund if the money is made available by the United States federal government for expenditure by the state for purposes consistent with the implementation of this section. (d) The board of the California Health Benefit Exchange shall establish and maintain a prudent reserve in the fund. (e) The board or staff of the Exchange shall not utilize any funds intended for the administrative and operational expenses of the Exchange for staff retreats, promotional giveaways, excessive executive compensation, or promotion of federal or state legislative or regulatory modifications. (f) Notwithstanding Section 16305.7, all interest earned on the moneys that have been deposited into the fund shall be retained in the fund and used for purposes consistent with the fund. (g) Effective January 1, 2016, if at the end of any fiscal year, the fund has unencumbered funds in an amount that equals or is more than the board approved operating budget of the Exchange for the next fiscal year, the board shall reduce the charges imposed under subdivision (n) of Section 100503 during the following fiscal year in an amount that will reduce any surplus funds of the Exchange to an amount that is equal to the agency’s operating budget for the next fiscal year. (h) Notwithstanding subdivision (a), moneys in the fund shall not be used to fund the minimum essential coverage individual mandate pursuant to Title 24 (commencing with Section 100700) or the financial assistance program authorized pursuant to Title 25 (commencing with Section 100800), except for the Exchange’s operational costs necessary to administer the individual mandate and financial assistance program. (i) The Legislature finds and declares that the Exchange’s operations of the programs in Title 24 (commencing with Section 100700) and Title 25 (commencing with Section 100800) are necessary and directly related to furthering the Exchange’s purposes pursuant to this title and the federal act. (Amended by Stats. 2022, Ch. 738, Sec. 1. (AB 204) Effective September 29, 2022.)
  63. 100520.5.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    This section creates the Health Care Affordability Reserve Fund, allows the Controller to use it for certain cashflow loans, requires a specified transfer into the Fund, and directs the California Health Benefit Exchange to develop and report cost-sharing reduction options.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100520.5. (a) The Health Care Affordability Reserve Fund is hereby created in the State Treasury. (b) Notwithstanding any other law, the Controller may use the funds in the Health Care Affordability Reserve Fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381. (c) Upon the enactment of the Budget Act of 2021, and upon order of the Director of Finance, the Controller shall transfer three hundred thirty-three million four hundred thirty-nine thousand dollars ($333,439,000) from the General Fund to the Health Care Affordability Reserve Fund. (d) Upon appropriation by the Legislature, the Health Care Affordability Reserve Fund shall be utilized, in addition to any other appropriations made by the Legislature for the same purpose, for the purpose of health care affordability programs, benefit programs pursuant to Section 100503.6, and payments authorized pursuant to Section 100503.5, operated by the California Health Benefit Exchange. (e) (1) The California Health Benefit Exchange shall, in consultation with stakeholders and the Legislature, develop options for providing cost sharing reduction subsidies to reduce cost sharing for low- and middle-income Californians. On or before January 1, 2022, the Exchange shall report those developed options to the Legislature, Governor, and the Healthy California for All Commission, established pursuant to Section 1001 of the Health and Safety Code, for consideration in the 2022–23 budget process. (2) In developing the options, the Exchange shall do all of the following: (A) Include options for all Covered California enrollees with income up to 400 percent of the federal poverty level to reduce cost sharing, including copays, deductibles, coinsurance, and maximum out-of-pocket costs. (B) Include options to provide zero deductibles for all Covered California enrollees with income under 400 percent of the federal poverty level and upgrading those with income between 200 percent and 400 percent, inclusive, of the federal poverty level to gold-tier cost sharing. (C) Address any operational issues that might impede implementation of enhanced cost-sharing reductions for the 2023 calendar year. (D) Maximize federal funding and address interactions with federal law regarding federal cost-sharing reduction subsidies. (3) The Exchange shall make the report publicly available on its internet website. (4) The Exchange shall submit the report in compliance with Section 9795 of the Government Code. (f) Upon order of the Department of Finance, a loan of six hundred million dollars ($600,000,000) is authorized from the Health Care Affordability Reserve Fund to the General Fund in the 2023–24 fiscal year. The loan shall be repaid in annual installments of two hundred million dollars ($200,000,000) over the 2026–27, 2027–28, and 2028–29 fiscal years. (Amended by Stats. 2026, Ch. 27, Sec. 6. (SB 164) Effective June 29, 2026.)
  64. 100521.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    The board must keep the Exchange within available non-General Fund funding, cannot use General Fund money without later appropriation, and must report and assess funding-related impacts and risks.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100521. (a) The board shall ensure that the establishment, operation, and administrative functions of the Exchange do not exceed the combination of federal funds, private donations, and other non-General Fund moneys available for this purpose. No state General Fund moneys shall be used for any purpose under this title without a subsequent appropriation. No liability incurred by the Exchange or any of its officers or employees may be satisfied using moneys from the General Fund. (b) The implementation of the provisions of this title, other than this section, Section 100500, and paragraphs (4) and (5) of subdivision (a) of Section 100504, shall be contingent on a determination by the board that sufficient financial resources exist or will exist in the fund. The determination shall be based on at least the following: (1) Financial projections identifying that sufficient resources exist or will exist in the fund to implement the Exchange. (2) A comparison of the projected resources available to support the Exchange and the projected costs of activities required by this title. (3) The financial projections demonstrate the sufficiency of resources for at least the first two years of operation under this title. (c) The board shall provide notice to the Joint Legislative Budget Committee and the Director of Finance that sufficient financial resources exist in the fund to implement this title. (d) If the board determines that the level of resources in the fund cannot support the actions and responsibilities described in subdivision (a), it shall provide the Department of Finance and the Joint Legislative Budget Committee a detailed report on the changes to the functions, contracts, or staffing necessary to address the fiscal deficiency along with any contingency plan should it be impossible to operate the Exchange without the use of General Fund moneys. (e) The board shall assess the impact of the Exchange’s operations and policies on other publicly funded health programs administered by the state and the impact of publicly funded health programs administered by the state on the Exchange’s operations and policies. This assessment shall include, at a minimum, an analysis of potential cost shifts or cost increases in other programs that may be due to Exchange policies or operations. The assessment shall be completed on at least an annual basis and submitted to the Secretary of California Health and Human Services and the Director of Finance. (Amended by Stats. 2011, Ch. 296, Sec. 136. (AB 1023) Effective January 1, 2012.)
  65. 100522.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    The Exchange must seek a federal waiver, require certain issuers to offer California qualified health plans, and limit how applicant information is collected, used, and disclosed.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100522. (a) (1) The Exchange shall apply to the United States Department of Health and Human Services for a waiver authorized under Section 1332 of the federal act as defined in subdivision (e) of Section 100501 in order to allow persons otherwise not able to obtain coverage by reason of immigration status through the Exchange to obtain coverage from the Exchange by waiving the requirement that the Exchange offer only qualified health plans solely for the purpose of offering coverage to persons otherwise not able to obtain coverage by reason of immigration status. (2) The waiver of the requirement that the Exchange offer only qualified health plans as described in paragraph (1) shall be limited to requiring the Exchange to offer California qualified health plans consistent with this section only and shall not be construed to authorize the Exchange to offer any other nonqualified health plan. (b) The Exchange shall require an issuer that offers a qualified health plan in the individual market through the Exchange to concurrently offer a California qualified health plan that meets all of the following criteria: (1) Is subject to the requirements of this title, including all of those requirements applicable to qualified health plans. (2) Is subject to the requirements of subdivisions (a), (b), and (d) of Section 1366.6 of the Health and Safety Code and subdivisions (a), (b), and (d) of Section 10112.3 of the Insurance Code in the same manner as qualified health plans. (3) Is identical to the corresponding qualified health plan, except for the eligibility requirements set forth in subdivision (c). (c) Persons eligible to purchase California qualified health plans shall pay the cost of coverage and shall not: (1) Be eligible to receive federal advanced premium tax credit, federal cost-sharing reduction, or any other federal assistance for the payment of premiums or cost sharing for a California qualified health plan. (2) Otherwise be eligible for enrollment in a qualified health plan offered through the Exchange by reason of immigration status. (d) An applicant for coverage under this section shall be required to provide only the information strictly necessary to authenticate identity and determine eligibility under this section. Any person who receives information provided by an applicant under this section, whether directly or by another person at the request of the applicant, or receives information from any agency, shall use the information only for the purposes of, and to the extent necessary for, ensuring the efficient operation of the Exchange, including verifying the eligibility of an individual to enroll through the Exchange. That information shall not be disclosed to any other person except as provided in this section. (e) Subdivisions (b) to (d), inclusive, shall become operative on January 1, 2018, for coverage effective for California qualified health plans beginning January 1, 2019, contingent upon federal approval of the waiver pursuant to subdivision (a). (Added by Stats. 2016, Ch. 22, Sec. 1. (SB 10) Effective June 10, 2016.)
  66. 100523.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. )

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    The Exchange must run a financial assistance program for people who lose employer coverage because of a strike, lockout, or labor dispute, and employers or labor organizations must give notice to the Exchange.

    ## Government Code - GOV ## TITLE 22. CALIFORNIA HEALTH BENEFIT EXCHANGE [100500 - 100523] ( Title 22 added by Stats. 2010, Ch. 659, Sec. 2. ) ## 100523. (a) Beginning July 1, 2023, the Exchange shall administer a program of financial assistance to help Californians obtain and maintain health benefits through the Exchange if they lose their employer-provided health care coverage as a result of a labor dispute. (1) An individual who has lost minimum essential coverage from an employer or joint labor management trust fund as a result of a strike, lockout, or labor dispute is a qualified individual for purposes of financial assistance, including premium assistance and cost-sharing reduction subsidies, provided that the individual meets all eligibility requirements specified in Section 36B of the Internal Revenue Code and Section 18071 of Title 42 of the United States Code, except for the income requirements of those sections. Any household income of the qualified individual above 138.1 percent of the federal poverty level for a family of the qualified individual’s size shall not be taken into account for the qualified individual and the members of their tax household. Consistent with existing federal law and rules, an individual shall be screened for eligibility for the federal Medicaid program. (2) An individual described in paragraph (1) shall receive subsidies for health insurance premiums and cost-sharing reductions that provide the same assistance that is provided to other individuals with household incomes of 138.1 percent of the federal poverty level who qualify for financial assistance through the Exchange. The cost-sharing reductions shall use a standard benefit design that has an actuarial value of 94 percent or greater, and, effective January 1, 2024, the program design shall have zero deductibles for any covered benefit if the standard benefit design for this income has zero deductibles. (3) An individual shall be a qualified individual for purposes of financial assistance, including premium assistance and cost-sharing reduction subsidies, under this section if all of the following are met: (A) The individual loses minimum essential coverage from an employer as a result of a strike, lockout, or labor dispute. (B) The employer that provided the minimum essential coverage to the individual is involved in the strike, lockout, or labor dispute. (C) The individual provides a self-attestation confirming that they lost minimum essential coverage from an employer as a result of a strike, lockout, or labor dispute, and that the employer that provided them the minimum essential coverage is involved in the strike, lockout, or labor dispute. (4) If further documentation is required, the Exchange shall contact the affected collective bargaining agent and may contact the employer. (b) Notwithstanding Sections 1399.848 and 1399.849 of the Health and Safety Code, and Sections 10965.3 and 10965.4 of the Insurance Code, the effective date of coverage shall be the first day of the month of application submission and plan selection or the first day of the following month, at the discretion of the qualified individual. (c) (1) The Exchange, on a monthly basis, shall notify an enrollee receiving financial assistance pursuant to this section that the enrollee is required to notify the Exchange if their household income changes or minimum essential coverage provided by the enrollee’s employer is reinstated. The notice shall include information on the potential state and federal income tax consequences of any amount received as a subsidy provided under this section. (2) Upon resolution of a strike, lockout, or labor dispute, an individual shall no longer be eligible for financial assistance under this section when the Exchange verifies that employer-provided minimum essential coverage from the employer has been reinstated for that individual and dependents and only after prior notification to the qualified individual of loss of financial assistance under this section. (d) An employer or labor organization shall notify the Exchange before employer-provided coverage is affected by a strike, lockout, or labor dispute pursuant to a process established by the Exchange. The Exchange may contact an employer, labor organization, or other appropriate representative to determine the status of a strike, lockout, or labor dispute, its impact to coverage, and any other information necessary to determine eligibility for financial assistance under this section. (e) (1) The Exchange shall maximize federal affordability assistance for an individual enrolled pursuant to this section and shall use state affordability assistance funds for financial assistance not otherwise available under federal law. (2) Financial assistance provided pursuant to this section shall be funded upon appropriation by the Legislature. (f) Gross income, as defined in Section 17071 of the Revenue and Taxation Code, does not include any amount received as a state subsidy provided under this section. (g) The following definitions apply for purposes of this section: (1) “Employer-provided coverage” means coverage provided by an employer, a “multiemployer health plan,” as defined in Section 1002(37)(A) of Title 29 of the United States Code, or a joint labor-management trust. (2) “Labor dispute” has the same meaning as set forth in clauses (i), (ii), and (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure. (3) “Labor organization” has the same meaning as defined in Section 1117 of the Labor Code. (4) “Lockout” has the same meaning as defined in Section 1132.8 of the Labor Code. (5) “Strike” has the same meaning as defined in Section 1132.6 of the Labor Code. (Amended by Stats. 2024, Ch. 841, Sec. 1. (AB 2749) Effective January 1, 2025.)
  67. 100700.

    ## Government Code - GOV ## TITLE 24. Minimum Essential Coverage Individual Mandate [100700 - 100725] ( Title 24 added by Stats. 2019, Ch. 38, Sec. 10. )

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    The Legislature states that the individual mandate and related penalty are needed to protect state health and insurance interests.

    ## Government Code - GOV ## TITLE 24. Minimum Essential Coverage Individual Mandate [100700 - 100725] ( Title 24 added by Stats. 2019, Ch. 38, Sec. 10. ) ## 100700. The Legislature finds and declares all of the following: (a) The individual mandate imposed by this title, and the penalty imposed by Part 32 (commencing with Section 61000) of the Revenue and Taxation Code, are necessary to protect the compelling state interests of: (1) Protecting the health and welfare of the state’s residents. (2) Ensuring access to affordable health care coverage in this state. (3) Ensuring a stable and well-functioning health insurance market in this state. (b) There is compelling evidence that, without an effective mandate on individuals to secure health coverage, there would be substantial instability in health insurance markets, including higher prices and the possibility of areas without any insurance available. (c) Ensuring the health of insurance markets is a responsibility reserved for states under the federal McCarran-Ferguson Act (15 U.S.C. Sec. 1011 et seq.) and other federal law. (Added by Stats. 2019, Ch. 38, Sec. 10. (SB 78) Effective June 27, 2019.)
  68. 100705.

    ## Government Code - GOV ## TITLE 24. Minimum Essential Coverage Individual Mandate [100700 - 100725] ( Title 24 added by Stats. 2019, Ch. 38, Sec. 10. )

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    California residents must have minimum essential coverage each month starting January 1, 2020, unless they qualify for an exemption.

    ## Government Code - GOV ## TITLE 24. Minimum Essential Coverage Individual Mandate [100700 - 100725] ( Title 24 added by Stats. 2019, Ch. 38, Sec. 10. ) ## 100705. (a) For each month beginning on or after January 1, 2020, a California resident shall be enrolled in and maintain minimum essential coverage for that month, except as provided in subdivision (c). (b) For each month beginning on or after January 1, 2020, a California resident shall ensure and maintain minimum essential coverage for any person who qualifies as that California resident’s applicable spouse or applicable dependent, except as provided in subdivision (c). (c) The following individuals shall be exempt, with respect to any month, from the requirements imposed by subdivisions (a) and (b): (1) An individual who has in effect a certificate of exemption for hardship or religious conscience issued by the Exchange under Section 100715 for that month. (2) An individual who is a member of a health care sharing ministry for that month. “Health care sharing ministry” has the same meaning as the term was defined in Section 5000A(d)(2)(B) of the Internal Revenue Code on January 1, 2017. (3) An individual who is incarcerated for that month, other than incarceration pending the disposition of charges. (4) An individual who is not a citizen or national of the United States and is not lawfully present in the United States for that month. (5) An individual who is a member of an Indian tribe, as defined in Section 45A(c)(6) of the Internal Revenue Code of 1986, during that month. (6) An individual for whom that month occurs during a period described in subparagraph (A) or (B) of Section 911(d)(1) of the Internal Revenue Code of 1986 that is applicable to the individual. (7) An individual who is a bona fide resident of a possession of the United States, as determined under Section 937(a) of the Internal Revenue Code of 1986, for that month. (8) An individual who is a bona fide resident of another state for that month. (9) An individual who is enrolled in limited or restricted scope coverage under the Medi-Cal program or another health care coverage program administered by and determined to be substantially similar to limited or restricted scope coverage by the State Department of Health Care Services for that month. (d) The requirements of subdivisions (a) and (b) shall be referred to as the Minimum Essential Coverage Individual Mandate. (e) An Individual Shared Responsibility Penalty shall be imposed for failure to meet the requirement of the Minimum Essential Coverage Individual Mandate pursuant to Part 32 (commencing with Section 61000) of the Revenue and Taxation Code. (Added by Stats. 2019, Ch. 38, Sec. 10. (SB 78) Effective June 27, 2019.)
  69. 100710.

    ## Government Code - GOV ## TITLE 24. Minimum Essential Coverage Individual Mandate [100700 - 100725] ( Title 24 added by Stats. 2019, Ch. 38, Sec. 10. )

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    This section defines terms used for the Minimum Essential Coverage Individual Mandate.

    ## Government Code - GOV ## TITLE 24. Minimum Essential Coverage Individual Mandate [100700 - 100725] ( Title 24 added by Stats. 2019, Ch. 38, Sec. 10. ) ## 100710. For the purposes of this title, the following definitions shall apply: (a) “Applicable dependent” means a dependent, with respect to an applicable individual, who meets all of the following criteria: (1) The dependent is an applicable individual. (2) The dependent is generally eligible for enrollment for health care coverage purposes, including, but not limited to, because of the applicable individual’s employment status or status as the head of household, parent, spouse, or domestic partner. (3) With respect to a given month, the dependent is not covered by other minimum essential coverage for that month. (b) “Applicable individual” means, with respect to any month, an individual who is subject to the Minimum Essential Coverage Individual Mandate, pursuant to Section 100705. (c) “Applicable spouse” means a spouse or domestic partner of an applicable individual who meets all of the following criteria: (1) The spouse or domestic partner is an applicable individual. (2) The spouse or domestic partner is generally eligible for enrollment for health care coverage purposes, including, but not limited to, because of the applicable individual’s employment status or status as the head of household, parent, spouse, or domestic partner. (3) With respect to a given month, the spouse or domestic partner is not covered by other minimum essential coverage for that month. (4) The spouse or domestic partner files a joint return with the individual under Chapter 2 (commencing with Section 18501) of Part 10.2 of the Revenue and Taxation Code. (d) “California resident” has the same meaning as in Section 17014 of the Revenue and Taxation Code. (e) “Dependent” has the same meaning as in Section 17056 of the Revenue and Taxation Code. (f) “Exchange” means the California Health Benefit Exchange, also known as Covered California, established pursuant to Title 22 (commencing with Section 100500). (g) “Minimum essential coverage” has the same meaning as defined in Section 1345.5 of the Health and Safety Code. (Added by Stats. 2019, Ch. 38, Sec. 10. (SB 78) Effective June 27, 2019.)
  70. 100715.

    ## Government Code - GOV ## TITLE 24. Minimum Essential Coverage Individual Mandate [100700 - 100725] ( Title 24 added by Stats. 2019, Ch. 38, Sec. 10. )

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    The Exchange must grant hardship and religious conscience exemptions from the Minimum Essential Coverage Individual Mandate when the stated conditions are met.

    ## Government Code - GOV ## TITLE 24. Minimum Essential Coverage Individual Mandate [100700 - 100725] ( Title 24 added by Stats. 2019, Ch. 38, Sec. 10. ) ## 100715. (a) The Exchange shall grant an exemption for reason of hardship from the Minimum Essential Coverage Individual Mandate established in Section 100705 for a given month upon determining that an individual has suffered a hardship with respect to the capability to obtain minimum essential coverage. (b) The Exchange shall grant an exemption for reason of religious conscience from the Minimum Essential Coverage Individual Mandate established in Section 100705 for a given month upon determining that an individual for that month is either of the following: (1) A member of a recognized religious sect or division thereof, as described in Section 1402(g)(1) of the Internal Revenue Code of 1986, and is an adherent of established tenets or teachings of that sect or division. (2) A member of a religious sect or division thereof that is not described in Section 1402(g)(1) of the Internal Revenue Code of 1986, who relies solely on a religious method of healing, for whom the acceptance of medical health services would be inconsistent with the religious beliefs of the individual, and who includes an attestation that the individual has not received medical health services during the preceding taxable year. For purposes of this paragraph, the term “medical health services” does not include routine dental, vision, and hearing services, midwifery services, vaccinations, necessary medical services provided to children, services required by law or by a third party, and other services as the Secretary of United States Department of Health and Human Services may provide in implementing Section 1311(d)(4)(H) of the federal Patient Protection and Affordable Care Act. An individual who claims this exemption, but received medical health services during the coverage year, shall lose eligibility for the religious conscience exemption, is liable for the cost of the care, and is liable for the Individual Shared Responsibility Penalty. (c) The Exchange shall establish a process for determining whether an individual is entitled to an exemption pursuant to subdivisions (a) and (b), issuing a certificate of exemption to an individual, and notifying the individual and the Franchise Tax Board of the determination in a time and manner as the Exchange, in consultation with the Franchise Tax Board, determines is feasible and prompt. The Exchange may contract with a third party or another entity, including a state or federal agency, to administer this section. (Added by Stats. 2019, Ch. 38, Sec. 10. (SB 78) Effective June 27, 2019.)
  71. 100720.

    ## Government Code - GOV ## TITLE 24. Minimum Essential Coverage Individual Mandate [100700 - 100725] ( Title 24 added by Stats. 2019, Ch. 38, Sec. 10. )

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    The Exchange must annually conduct outreach and enrollment efforts to certain taxpayers, and the Franchise Tax Board must provide the Exchange with individual income tax return information for that purpose.

    ## Government Code - GOV ## TITLE 24. Minimum Essential Coverage Individual Mandate [100700 - 100725] ( Title 24 added by Stats. 2019, Ch. 38, Sec. 10. ) ## 100720. (a) In addition to the efforts required by subdivision (b) and any other outreach and enrollment efforts required by law, the Exchange shall annually conduct outreach and enrollment efforts to individuals who did not indicate on their individual income tax returns that they and their dependents were enrolled in and maintained minimum essential coverage for the preceding taxable year or who indicated that they or their dependents were exempt from the Minimum Essential Coverage Individual Mandate for that year. (b) In addition to the efforts required by subdivision (a) and any other outreach and enrollment efforts required by law, the Exchange shall annually conduct outreach and enrollment efforts to individuals who indicate on their individual income tax returns that they are interested in no-cost or low-cost health care coverage by checking the box required pursuant to Section 18543 of the Revenue and Taxation Code. (c) For purposes of the efforts required by subdivisions (a) and (b), the Franchise Tax Board shall provide the Exchange with individual income tax return information, as authorized by Sections 19548.8 and 19548.9 of the Revenue and Taxation Code, in a form and manner determined by the Franchise Tax Board, in consultation with the Exchange. (Amended by Stats. 2022, Ch. 170, Sec. 1. (SB 967) Effective January 1, 2023.)
  72. 100725.

    ## Government Code - GOV ## TITLE 24. Minimum Essential Coverage Individual Mandate [100700 - 100725] ( Title 24 added by Stats. 2019, Ch. 38, Sec. 10. )

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    This section lets the Exchange and the Franchise Tax Board adopt rules to implement the title, with limits on conflict and consultation, and allows certain emergency regulation steps for a limited time.

    ## Government Code - GOV ## TITLE 24. Minimum Essential Coverage Individual Mandate [100700 - 100725] ( Title 24 added by Stats. 2019, Ch. 38, Sec. 10. ) ## 100725. (a) The Exchange may, in consultation with the Franchise Tax Board, promulgate rules and regulations to implement this title. (b) The Franchise Tax Board may, in consultation with the Exchange, promulgate rules and regulations to implement this title to the extent that those regulations do not conflict with regulations promulgated by the Exchange pursuant to subdivision (a). (c) Until January 1, 2022, any rules and regulations necessary to implement this title may be adopted as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, including subdivisions (e) and (h) of Section 11346.1, an emergency regulation adopted pursuant to this section shall be repealed by operation of law unless the adoption, amendment, or repeal of the regulation is promulgated by the board pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 within five years of the initial adoption of the emergency regulation. An emergency regulation adopted pursuant to this section shall be discussed by the board during at least one properly noticed board meeting before the board meeting at which the board adopts the regulation. Notwithstanding subdivision (h) of Section 11346.1, until January 1, 2027, the Office of Administrative Law may approve more than two readoptions of an emergency regulation adopted pursuant to this section. (d) It is the intent of the Legislature that, in construing this title, the regulations promulgated under Section 5000A of the Internal Revenue Code as of December 15, 2017, shall apply to the extent that those regulations do not conflict with this title or regulations promulgated pursuant to subdivision (a) or (b). (Added by Stats. 2019, Ch. 38, Sec. 10. (SB 78) Effective June 27, 2019.)
  73. 100800.

    ## Government Code - GOV ## TITLE 25. Individual Market Assistance [100800 - 100825] ( Title 25 added by Stats. 2019, Ch. 38, Sec. 11. )

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    The Exchange must run a financial assistance program for health coverage, adopt and publish an annual program design when funds are appropriated, and follow notice or urgent-resolution timing rules.

    ## Government Code - GOV ## TITLE 25. Individual Market Assistance [100800 - 100825] ( Title 25 added by Stats. 2019, Ch. 38, Sec. 11. ) ## 100800. (a) The Exchange shall administer a program of financial assistance to help low-income and middle-income Californians access affordable health care coverage through the Exchange. (b) The program may provide financial assistance to California residents with household incomes at or below 600 percent of the federal poverty level, and may provide other appropriate subsidies designed to make health care coverage more accessible and affordable for individuals and households. (c) Upon appropriation by the Legislature, the Exchange shall adopt, and may amend, an annual program design for each coverage year to implement this section by resolution of the board of the Exchange. The resolution shall be adopted at a duly noticed meeting. (1) A resolution adopted pursuant to this section shall not take effect until 10 days after notification in writing to the Joint Legislative Budget Committee. (2) The requirements of paragraph (1) may be waived by the written consent of the Chair of the Joint Legislative Budget Committee to adopt a resolution that is deemed urgent. A resolution adopted pursuant to this paragraph shall take immediate effect. (3) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to the program design or a resolution adopted pursuant to this section. (d) The program design adopted for a coverage year shall be based on funds appropriated to the program for that coverage year. An appropriation made for the program shall contain provisional language directing the Exchange to provide a certain proportion of the funds to specified income ranges as determined by the Legislature and may provide other parameters guiding the design of the program. (1) Pursuant to the Budget Act of 2023, the program shall be funded at an amount up to eighty-two million five hundred thousand dollars ($82,500,000) for coverage year 2024. (2) It is the intent of the Legislature, beginning in the 2024–25 fiscal year, to appropriate up to one hundred sixty-five million dollars ($165,000,000) in the annual Budget Act to the program for each coverage year of the program after coverage year 2024. (e) The Exchange shall provide appropriate opportunities for stakeholders and the public to consult in the design of the program. (Amended by Stats. 2023, Ch. 42, Sec. 10. (AB 118) Effective July 10, 2023.)
  74. 100805.

    ## Government Code - GOV ## TITLE 25. Individual Market Assistance [100800 - 100825] ( Title 25 added by Stats. 2019, Ch. 38, Sec. 11. )

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    The program’s premium assistance subsidy may be advanced to participants and remitted by the Exchange to a qualified health plan issuer, based on projected income, family size, and other program factors, with later reconciliation. It is available only to California residents eligible for the federal premium tax credit, but not subject to that tax credit’s income limits. The subsidy amount is excluded from gross income.

    ## Government Code - GOV ## TITLE 25. Individual Market Assistance [100800 - 100825] ( Title 25 added by Stats. 2019, Ch. 38, Sec. 11. ) ## 100805. (a) A premium assistance subsidy provided by the program shall be able to be advanced to program participants and shall be remitted by the Exchange to a qualified health plan issuer, based on the program participant’s projected household income, family size, and other factors determined pursuant to the program design and subject to reconciliation against actual household income, family size, and other factors determined pursuant to the program design as provided in Section 100810. (b) A premium assistance subsidy provided by the program shall be provided only to a California resident who is eligible for the federal premium tax credit authorized under Section 36B of the Internal Revenue Code, except that premium assistance subsidy shall not be subject to the income requirements of that section. (c) Gross income, as defined in Section 17071 of the Revenue and Taxation Code, does not include an amount received as a premium assistance subsidy provided by the program. (Added by Stats. 2019, Ch. 38, Sec. 11. (SB 78) Effective June 27, 2019.)
  75. 100810.

    ## Government Code - GOV ## TITLE 25. Individual Market Assistance [100800 - 100825] ( Title 25 added by Stats. 2019, Ch. 38, Sec. 11. )

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    A responsible individual must reconcile advance premium assistance subsidies and file a California income tax return for that purpose; the Franchise Tax Board must issue refunds or collect any resulting reconciliation liability.

    ## Government Code - GOV ## TITLE 25. Individual Market Assistance [100800 - 100825] ( Title 25 added by Stats. 2019, Ch. 38, Sec. 11. ) ## 100810. (a) A responsible individual shall reconcile premium assistance subsidies advanced pursuant to subdivision (a) of Section 100805 to the responsible individual or the responsible individual’s dependents with the premium assistance subsidies allowed based on actual household income, family size, and other factors determined pursuant to the program design for a coverage year during which the responsible individual or the responsible individual’s dependents received an advanced premium assistance subsidy, as follows: (1) If a program participant’s allowed premium assistance subsidies for the taxable year exceed the program participant’s advanced premium assistance subsidies, the program participant may receive the excess as a premium assistance subsidy reconciliation refund. The Franchise Tax Board shall remit the refund to the program participant, less any taxes, fees, and penalties the program participant owes to the state. If a program participant is a dependent, the Franchise Tax Board shall remit the refund to the responsible individual, less any taxes, fees, and penalties the responsible individual or program participant owes to the state. (2) If a program participant’s advanced premium assistance subsidies for the taxable year exceed the program participant’s allowed premium assistance subsidies, the program participant shall have a liability in the amount equal to the excess of the advanced premium assistance subsidies over the program participant’s allowed premium assistance subsidies as a reconciliation liability, up to a limit specified by the program design. The program design may vary that limit based on household income. (3) The responsible individual shall reconcile premium assistance subsidies in accordance with this section, and shall include the liability imposed by this section or the premium assistance subsidy reconciliation refund on a return filed pursuant to Chapter 2 (commencing with Section 18501) of Part 10.2 of the Revenue and Taxation Code for the taxable year. (4) If a program participant with a liability imposed by this section is a dependent, the responsible individual shall be solely liable for that liability of the dependent. (5) If a responsible individual with a liability imposed by this section files a joint return for the taxable year, the responsible individual and the spouse or domestic partner of the responsible individual shall be jointly and severally liable for that liability. (6) Notwithstanding the return filing thresholds requirements in Chapter 2 (commencing with Section 18501) of Part 10.2 of the Revenue and Taxation Code, a responsible individual shall file a California income tax return with the Franchise Tax Board for the purpose of reconciliation as required under this section. (b) The Franchise Tax Board’s civil authority and procedures for purposes of compliance with notice and other due process requirements imposed by law to collect income taxes shall be applicable to the collection of the premium assistance subsidy reconciliation liability due pursuant to subdivision (a). The amount due shall be paid upon notice and demand by the Franchise Tax Board and shall be assessed and collected pursuant to Part 10.2 (commencing with Section 18401) of the Revenue and Taxation Code. (c) The Franchise Tax Board shall integrate enforcement of the liability imposed pursuant to subdivision (a) into existing activities, protocols, and procedures, including audits, enforcement actions, and taxpayer education efforts. (Added by Stats. 2019, Ch. 38, Sec. 11. (SB 78) Effective June 27, 2019.)
  76. 100815.

    ## Government Code - GOV ## TITLE 25. Individual Market Assistance [100800 - 100825] ( Title 25 added by Stats. 2019, Ch. 38, Sec. 11. )

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    This section defines terms used in the Individual Market Assistance title.

    ## Government Code - GOV ## TITLE 25. Individual Market Assistance [100800 - 100825] ( Title 25 added by Stats. 2019, Ch. 38, Sec. 11. ) ## 100815. For purposes of this title: (a) “Coverage year” means a calendar year in which a program participant, or the program participant’s spouse, domestic partner, or dependent, received financial assistance pursuant to this title. (b) “Dependent” means a dependent, as defined in Section 17056 of the Revenue and Taxation Code (c) “Exchange” means the California Health Benefit Exchange, also known as Covered California, established pursuant to Title 22 (commencing with Section 100500). (d) “Family size” shall be defined in the program design adopted pursuant to Section 100800. (e) “Federal poverty level” shall be defined in the program design adopted pursuant to Section 100800. (f) “Household income” shall be defined in the program design adopted pursuant to Section 100800. (g) “Modified adjusted gross income” shall be defined in the program design adopted pursuant to Section 100800. (h) “Program” means Individual Market Assistance established pursuant to Section 100800. (i) “Program participant” means an individual eligible to receive financial assistance pursuant to this title. (j) “Qualified health plan” has the same meaning as defined in Section 1301 of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). (k) “Responsible individual” means a program participant or an individual with a dependent who is a program participant. With respect to a dependent, “responsible individual” means the individual who claims the dependent as a dependent. (l) With respect to a program participant’s household income or size: (1) “Actual” means the household income or family size determined to have applied for the coverage year in accordance with the program design adopted pursuant to Section 100800. (2) “Projected” means the household income or family size projected for the coverage year in accordance with the program design adopted pursuant to Section 100800. (Added by Stats. 2019, Ch. 38, Sec. 11. (SB 78) Effective June 27, 2019.)
  77. 100820.

    ## Government Code - GOV ## TITLE 25. Individual Market Assistance [100800 - 100825] ( Title 25 added by Stats. 2019, Ch. 38, Sec. 11. )

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    The Exchange and the Franchise Tax Board may issue regulations to implement this title and Section 100810, and the Administrative Procedure Act does not apply to guidance they issue under this title.

    ## Government Code - GOV ## TITLE 25. Individual Market Assistance [100800 - 100825] ( Title 25 added by Stats. 2019, Ch. 38, Sec. 11. ) ## 100820. (a) The Exchange may, in consultation with the Franchise Tax Board, promulgate rules and regulations as necessary to implement this title that are consistent with the program design adopted pursuant to Section 100800. (b) The Franchise Tax Board may, in consultation with the Exchange, adopt regulations that are necessary and appropriate to implement Section 100810 and that are consistent with the program design adopted pursuant to Section 100800 and regulations adopted by the Exchange pursuant to this section. (c) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to a regulation, standard, criterion, procedure, determination, rule, notice, guideline, or any other guidance established or issued by the Exchange or Franchise Tax Board pursuant to this title. (d) In construing this title, the regulations promulgated by the Exchange under Title 10 of the California Code of Regulations shall apply to the extent that those regulations do not conflict with this title, the program design adopted pursuant to Section 100800, regulations promulgated by the Exchange pursuant to this section, and regulations promulgated by the Franchise Tax Board pursuant to this section. (e) It is the intent of the Legislature that, in construing this title, the regulations promulgated under Section 36B of the Internal Revenue Code shall apply to the extent that those regulations do not conflict with this title or regulations promulgated by the Exchange pursuant to subdivision (a) or Franchise Tax Board pursuant to subdivision (b). (Amended by Stats. 2022, Ch. 47, Sec. 5. (SB 184) Effective June 30, 2022.)
  78. 100825.

    ## Government Code - GOV ## TITLE 25. Individual Market Assistance [100800 - 100825] ( Title 25 added by Stats. 2019, Ch. 38, Sec. 11. )

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    This section says the title does not create an entitlement program, does not appropriate funds, does not require legislative appropriation, and does not change taxes owed.

    ## Government Code - GOV ## TITLE 25. Individual Market Assistance [100800 - 100825] ( Title 25 added by Stats. 2019, Ch. 38, Sec. 11. ) ## 100825. This title shall not be construed to create an entitlement program of any kind, to appropriate any funds, to require the Legislature to appropriate any funds, or to increase or decrease taxes owed by a taxpayer. (Amended by Stats. 2022, Ch. 47, Sec. 6. (SB 184) Effective June 30, 2022.)
  79. 1020.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    This section says a person may hold an elective civil office if they are 18 and a state citizen, and may hold an appointed civil office if they are 18 and a state resident. A person appointed to civil office may also receive compensation unless federal law prohibits it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1020. (a) A person is eligible to hold an elective civil office if, at the time of election, the person is 18 years of age and a citizen of the state. (b) Notwithstanding any other law, a person, regardless of citizenship or immigration status, is eligible to hold an appointed civil office if the person is 18 years of age and a resident of the state. (c) Notwithstanding any other law, a person appointed to civil office, regardless of citizenship or immigration status, may receive any form of compensation that the person is not otherwise prohibited from receiving pursuant to federal law, including, but not limited to, any stipend, grant, or reimbursement of personal expenses that is associated with carrying out the duties of that office. (Amended by Stats. 2019, Ch. 790, Sec. 3. (SB 225) Effective January 1, 2020.)
  80. 1020.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    A person is not disqualified from holding office in a youth services bureau just because they are under 18.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1020.5. (a) Notwithstanding Section 1020 or any other provision of law, no person shall be incapable of holding any office in a youth services bureau solely by reason of being under 18 years of age. (b) For purposes of this section, the term “youth services bureau” means a state or local public agency, including a joint powers agency, which has as its primary purpose the establishment of a program of prevention of juvenile delinquency and to provide opportunities for young people to function as responsible members of the community. (Added by Stats. 1975, Ch. 1115.)
  81. 10200.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. )

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    The section creates the Legislative Counsel Bureau in state government and says it is headed by a chief known as the Legislative Counsel of California.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 10200. There is in the State Government the Legislative Counsel Bureau. The bureau is in charge of a chief, who is a civil executive officer and who shall be known as the Legislative Counsel of California. (Added by Stats. 1945, Ch. 111.)
  82. 10201.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel is selected by concurrent resolution at the start of each regular session and serves until a successor is selected and qualified.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 10201. The Legislative Counsel shall be selected by concurrent resolution at the beginning of each regular session and shall serve until his or her successor is selected and qualified. (Amended by Stats. 2003, Ch. 62, Sec. 112. Effective January 1, 2004.)
  83. 10202.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. )

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    If a vacancy arises while the Legislature is not in session, a specified committee must select the Legislative Counsel, and that interim service lasts until the Legislature in session makes its own selection.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 10202. If a vacancy occurs while the Legislature is not in session, a committee consisting of the Speaker of the Assembly, the Speaker pro Tempore of the Assembly, the President pro Tempore of the Senate and the chairperson of the Appropriations Committee of the Senate shall select the Legislative Counsel to serve until the Legislature in session makes a selection for the office. (Amended by Stats. 2003, Ch. 62, Sec. 113. Effective January 1, 2004.)
  84. 10203.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel must be selected without regard to party affiliation and based only on fitness to perform the office’s duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 10203. The Legislative Counsel shall be chosen without reference to party affiliations and solely on the ground of fitness to perform the duties of his or her office. (Amended by Stats. 2003, Ch. 62, Sec. 114. Effective January 1, 2004.)
  85. 10204.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel has a $25,000 annual salary, unless the Joint Rules Committee sets a higher amount, and must be repaid actual expenses incurred in performing duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 10204. The annual salary of the Legislative Counsel is twenty-five thousand dollars ($25,000), or such greater amount as may be prescribed by the Joint Rules Committee. The Legislative Counsel shall be repaid all actual expenses incurred or paid by him or her in the discharge of his or her duties. (Amended by Stats. 2003, Ch. 62, Sec. 115. Effective January 1, 2004.)
  86. 10205.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel may hire staff and set their pay as allowed by law, and the Legislative Counsel and Bureau employees must receive specified employee benefits and observe Legislature-designated holidays on the same day as the Legislature, subject to funding and other stated limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 10205. (a) The Legislative Counsel may employ and fix the compensation, in accordance with law, of such professional assistants and clerical and other employees as he or she deems necessary for the effective conduct of the work under his or her charge. (b) The Legislative Counsel and the employees of the Legislative Counsel Bureau shall, to the extent that funds appropriated for the support of the Legislative Counsel Bureau include funds for that purpose, receive any or all of the employee benefits provided to employees of either house of the Legislature. The benefits that are authorized by this subdivision shall be in addition to any other employee benefits authorized by any other provision of law. (c) Notwithstanding subdivision (c) of Section 19853, the Legislative Counsel and the employees of the Legislative Counsel Bureau shall observe any holiday designated pursuant to subdivision (c) of Section 19853, that is also observed by the Legislature, on the same day that the holiday is observed by the Legislature. (Amended by Stats. 2002, Ch. 1124, Sec. 11. Effective September 30, 2002.)
  87. 10205.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel Bureau appointing authority may assign staff to classifications and ranges, conduct examinations, and make appointments under this section, while the State Personnel Board must allocate employees to the proper classifications and give them the same civil service status without further examination.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 10205.1. (a) Notwithstanding Sections 18523, 18900, 18901, 18930, 18930.5, 18931, 18933, 18936, 18937, 18938.5, 18939, 18950, 19050, 19052, 19054, 19054.1, 19057, 19057.1, 19057.2, 19057.4, 19081, and 19101, or any other provision of law, but consistent with the merit principles of subdivision (b) of Section 1 of Article VII of the California Constitution, the Legislative Counsel Bureau appointing authority may assign persons to classifications and ranges, conduct examinations, and make appointments as specified by this section. The purpose of this section is to improve the management of the Legislative Data Center, a division of the Legislative Counsel Bureau, and to provide the Legislative Counsel Bureau with greater flexibility and adaptability reflective of the information technology profession. (b) The Legislative Counsel Bureau appointing authority may, as a consolidation of the information technology classifications otherwise available to the bureau, utilize the band classifications of information systems supervisor/manager, information technology specialist, and information technician, as available to the bureau on January 1, 2003, under the demonstration project described in Section 1 of the act that added this section, as those classifications may subsequently be modified by the State Personnel Board, or into other information technology classifications established by the State Personnel Board. Each of these band classifications is hereby divided into the ranges that existed in that classification on January 1, 2003, under that demonstration project, which ranges may be modified as provided for by the State Personnel Board, including the delegation of authority to the Legislative Counsel Bureau appointing authority. (c) Through the delegation of authority to the Legislative Counsel Bureau appointing authority or otherwise, the State Personnel Board shall provide for the allocation, as appropriate, of employees of the bureau having civil service status to the appropriate classification and range authorized pursuant to this section and shall grant to each employee the same civil service status in that classification and range without further examination. (d) The Legislative Counsel Bureau appointing authority may conduct competitive examinations on a position-by-position basis for the information technology classifications described in this section and make appointments for information technology positions either in the manner described in Article 6 (commencing with Section 549.70) of Subchapter 4 of Chapter 1 of Division 1 of Title 2 of the California Code of Regulations in effect on January 1, 2003, or in any other manner approved by the State Personnel Board. In its exercise of authority under this subdivision pursuant to Article 6 (commencing with Section 549.70) of Subchapter 4 of Chapter 1 of Division 1 of Title 2 of the California Code of Regulations, the Legislative Counsel Bureau appointing authority shall rank each examination candidate in the manner specified in Article 4 (commencing with Section 548.30) and Article 5 (commencing with Section 548.40) of Subchapter 2 of Chapter 1 of Division 1 of Title 2 of the California Code of Regulations. (Amended by Stats. 2004, Ch. 183, Sec. 141. Effective January 1, 2005.)
  88. 10206.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel’s permanent office must be in the State Capitol in Sacramento, and temporary offices elsewhere in the state are allowed when needed and when it helps legislative members.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 10206. The permanent office of the Legislative Counsel shall be in the State Capitol in Sacramento, where he or she shall be provided with suitable and sufficient offices convenient to the chambers of the Senate and Assembly. For the convenience of Members of the Legislature, and when in his or her judgment the conduct of his or her work requires, he or she may maintain temporary offices at other places in the state. (Amended by Stats. 2003, Ch. 62, Sec. 116. Effective January 1, 2004.)
  89. 10207.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel must keep certain communications and materials confidential, and must send specified copies of opinions to bill authors. The Counsel may also release some former-member or former-governor materials if the public interest requires it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 10207. (a) The Legislative Counsel shall maintain the attorney-client relationship with each Member of the Legislature with respect to communications between the member and the Legislative Counsel except as otherwise provided by the rules of the Legislature. All materials arising out of this relationship, including, but not limited to, proposed bills and amendments, analyses, opinions, and memoranda prepared by the Legislative Counsel, are not public records, except as otherwise provided by the rules of the Legislature or when released by the member for whom the material was prepared. When he or she determines that the public interest so requires, the Legislative Counsel may release any material arising out of the attorney-client relationship with a former Member of the Legislature who is not available to execute a release. (b) (1) The Legislative Counsel shall maintain the attorney-client relationship with the Governor with respect to communications between the Governor and the Legislative Counsel. All materials arising out of this relationship, including, but not limited to, legal services concerning any bill in the Governor’s hands for rejection, approval, or other action, legal services concerning any legal opinion provided to the Governor, and legal services concerning any matter as the circumstances permit and the Governor requests, prepared by the Legislative Counsel, are not public records, except when released by the Governor. When he or she determines that the public interest so requires, the Legislative Counsel may release any material arising out of the attorney-client relationship with a former Governor who is not available to execute a release. (2) Whenever the Legislative Counsel issues an opinion to the Governor analyzing the constitutionality, operation, or effect of a bill or other legislative measure that is then pending before the Legislature, or of any amendment made or proposed to be made to that bill or measure, the Legislative Counsel shall deliver two copies of the opinion to the first-named author of the bill or measure as promptly as feasible after delivery of the original opinion, and shall also deliver a copy to any other author of the bill or measure who requests a copy. (Amended by Stats. 1994, Ch. 146, Sec. 65.5. Effective January 1, 1995.)
  90. 10208.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel and bureau employees must not disclose nonpublic matters to outsiders unless the person who brought the matter to the bureau consents.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 10208. Neither the Legislative Counsel nor any other employee of the bureau shall reveal to any person outside thereof the contents or nature of any matter which has not become a public record, except with the consent of the person bringing the matter before the bureau. (Added by Stats. 1945, Ch. 111.)
  91. 10209.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The State Library must make its materials available to the bureau, and the University of California, state agencies, official state organizations, and connected persons must give the Legislative Counsel access, information, and reasonable research assistance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 10209. The material, including books and other publications, of the State Library shall be made available to the bureau. The University of California, all State agencies and other official State organizations, and all persons connected therewith shall give the Legislative Counsel ready access to their records and full information and reasonable assistance in any matters of research requiring recourse to them or to data within their knowledge or control. (Added by Stats. 1945, Ch. 111.)
  92. 1021.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person convicted of designated crimes is disqualified from holding any office.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1021. A person is disqualified from holding any office upon conviction of designated crimes as specified in the Constitution and laws of the State. (Enacted by Stats. 1943, Ch. 134.)
  93. 1021.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A public employee convicted of certain felonies tied to official duties is disqualified from public employment for five years.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1021.5. (a) If a public employee is convicted of any felony involving accepting or giving, or offering to give, any bribe, conflict of interest, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes arising directly out of their official duties as a public employee, the public employee shall be disqualified for five years from any public employment, including, but not limited to, employment with a city, county, district, or any other public agency of the state. (b) The five-year disqualification period described in subdivision (a) shall begin on the later of either of the following: (1) The date of final conviction. (2) The date on which the public employee is released from any incarceration. (c) For purposes of this section, “public employee” means any person employed at will for the purposes of providing services to an elected public officer who takes public office, or is reelected to public office, on or after January 1, 2013. (Amended by Stats. 2025, Ch. 92, Sec. 1. (SB 521) Effective January 1, 2026.)
  94. 1021.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A city manager or city attorney convicted of a felony listed in Section 1021.5 is disqualified from future public employment in an equivalent role.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1021.6. (a) A city manager or city attorney, including an individual acting under contract with the city for those services, who is convicted of any felony set forth in Section 1021.5, shall be disqualified from any future public employment in an equivalent role. (b) For purposes of this section, the following definitions apply: (1) “City attorney” means any person employed pursuant to Section 41801 on or after January 1, 2026. (2) “City manager” means any person employed pursuant to Section 34851 on or after January 1, 2026. (Added by Stats. 2025, Ch. 92, Sec. 2. (SB 521) Effective January 1, 2026.)
  95. 10210.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Legislative Counsel and bureau employees must not oppose or urge legislation, subject to Article 3 starting at Section 10270.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 10210. Subject to Article 3 (commencing with Section 10270), neither the Legislative Counsel nor any employee of the bureau shall oppose or urge legislation. (Amended by Stats. 2012, Ch. 46, Sec. 16. (SB 1038) Effective June 27, 2012.)
  96. 10211.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Legislative Counsel and deputy legislative counsels may administer and certify oaths.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [10200 - 10211] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 10211. The Legislative Counsel, or any deputy legislative counsel, may administer and certify oaths. (Added by Stats. 1973, Ch. 575.)
  97. 1022.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section says that other rules about disqualification for specific offices are found in the Constitution and in laws governing those offices.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1022. Other provisions respecting disqualification for particular offices are contained in the Constitution and in the laws concerning the various offices. (Enacted by Stats. 1943, Ch. 134.)
  98. 1023.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person is ineligible to hold public office or public employment if they have sworn to support or obey the military or political activities or orders of a foreign government or related official or group.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1023. A person is ineligible to hold office or employment of any kind under the State, any county, city, district or other political or governmental unit of the State if he, while either a citizen or resident of the United States, has by oath bound himself to support, maintain or further the military or political activities or policies of any foreign government or of any official thereof or society or association therein or to obey the orders or directions of any foreign government or of any official thereof. (Enacted by Stats. 1943, Ch. 134.)
  99. 10230.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Legislative Counsel must attend all regular and special sessions of the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10230. The Legislative Counsel shall be in attendance upon all regular and special sessions of the Legislature. (Amended by Stats. 1973, Ch. 7.)
  100. 10231.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Legislative Counsel must prepare and help prepare, amend, and consider legislative measures when requested or when suggested as provided here.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10231. The Legislative Counsel shall prepare and assist in the preparation, amendment and consideration of legislative measures when requested or upon suggestion as herein provided. (Added by Stats. 1945, Ch. 111.)
  101. 10231.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Bills that require agency reports must include a sunset or inoperative date, and the Legislative Counsel must add that provision when drafting such bills unless directed otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10231.5. (a) A bill that, as introduced or amended in either house of the Legislature, would require a state agency to submit a report on any subject to either house of the Legislature generally, a committee or office of either house of the Legislature, or the Legislative Counsel Bureau shall include a provision that repeals the reporting requirement, or makes the requirement inoperative, no later than a date four years following the date upon which the bill, as enacted, becomes operative or four years after the due date of any report required every four or more years. If the bill requires that the report be submitted to either house of the Legislature generally, it shall also include a provision that requires the report to be submitted pursuant to Section 9795. (b) The Legislative Counsel, in drafting a bill for introduction or an amendment to a bill that would impose a reporting requirement described in subdivision (a), shall include a provision that repeals the reporting requirement, or makes the reporting requirement inoperative, four years after the date on which the requirement becomes operative, unless the person requesting the bill or amendment directs the Legislative Counsel to do otherwise. If the bill requires that the report be submitted to either house of the Legislature generally, the Legislative Counsel shall also include a provision that requires the report to be submitted pursuant to Section 9795. (Added by Stats. 2010, Ch. 7, Sec. 2. (AB 1585) Effective February 26, 2010.)
  102. 10232.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Legislative Counsel must advise any State agency, upon request, on preparing measures to be submitted to the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10232. Upon request, the Legislative Counsel shall advise any State agency as to the preparation of measures to be submitted to the Legislature. (Added by Stats. 1945, Ch. 111.)
  103. 10232.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Upon request, the Legislative Counsel may provide legal services to the State Auditor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10232.5. Upon request, the Legislative Counsel may provide legal services to the State Auditor. (Added by Stats. 1993, Ch. 890, Sec. 2. Effective January 1, 1994.)
  104. 10233.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Legislative Counsel must, when requested and to the extent possible, help legislators with bills, resolutions, and measures, including drafting them properly and providing full information on matters within the bureau’s scope.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10233. Insofar as in his power, upon request, the Legislative Counsel shall aid and assist any member of the Legislature as to bills, resolutions and measures, drafting them into proper form, and furnishing to the member the fullest information upon all matters in the scope of the bureau. (Added by Stats. 1945, Ch. 111.)
  105. 10234.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Legislative Counsel must give consideration and service on any measure before the Legislature, as circumstances permit, when requested by the Governor, the Senate or Assembly, or a legislative committee handling the measure.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10234. The Legislative Counsel shall give such consideration to and service concerning any measure before the Legislature as circumstances will permit, and which is in any way requested by the Governor, the Senate or Assembly, or any committee of the Legislature having the measure before it for consideration. (Added by Stats. 1945, Ch. 111.)
  106. 10235.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Legislative Counsel must give consideration and service on bills in the Governor’s hands when requested and when circumstances permit. The Legislative Counsel may also give the Governor legal opinions and other legal services on request, subject to the same practical limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10235. (a) The Legislative Counsel shall give such consideration to and service concerning any bill in the Governor’s hands for rejection, approval, or other action, as the circumstances will permit and the Governor requests. (b) Upon request, the Legislative Counsel may provide to the Governor an opinion, orally or in writing, upon any question of law. (c) The Legislative Counsel may provide additional legal services to the Governor concerning any matter as the circumstances permit and the Governor requests. (Amended by Stats. 1993, Ch. 890, Sec. 3. Effective January 1, 1994.)
  107. 10236.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    On request, the Legislative Counsel must advise any legislative committee appointed to conduct investigations about its work.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10236. Upon request, the Legislative Counsel shall advise as to its work with any legislative committee appointed to carry on investigations. (Added by Stats. 1945, Ch. 111.)
  108. 10237.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Legislative Counsel must prepare or help prepare or amend legislative measures when a written suggestion is made by certain state judges.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10237. The Legislative Counsel shall prepare or assist in the preparation or amendment of legislative measures at the written suggestion of any judge of the Supreme Court, the courts of appeal, or of the superior courts of the state. (Amended by Stats. 1967, Ch. 17.)
  109. 10238.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    A judge’s suggestion must state what provisions are desired or needed and give the reasons.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10238. Every suggestion of a judge shall set forth the substance of the provisions desired or which may be needed with the reasons therefor. (Added by Stats. 1945, Ch. 111.)
  110. 10239.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Judges must file any suggestion with the proper clerk named for their court.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10239. A suggestion by a judge of the Supreme Court shall be filed with the clerk of that court. A suggestion by a judge of a court of appeal shall be filed with the clerk of that court. A suggestion by a judge of a superior court shall be filed with the clerk of the court of appeal of the district within which the superior court is located. (Amended by Stats. 1967, Ch. 17.)
  111. 1024.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Some people covered by this section can clear an ineligibility to office or employment by petitioning a superior court and renouncing oath-based promises or obligations before a judge.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1024. Any person who holds any office or employment under the state or any county, city, district or other political or governmental unit of the state and who has taken any oath described in Section 1023 is relieved of ineligibility to office or employment if he or she petitions any superior court for leave to renounce all promises or obligations assumed by him or her under that oath, and renounces all those promises or obligations before a judge of that court. Any other person who has taken or hereafter takes any such oath may at any time be relieved of ineligibility by petitioning any superior court and renouncing all such promises or obligations in like manner. (Amended by Stats. 1998, Ch. 776, Sec. 1. Effective January 1, 1999.)
  112. 10240.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    When a suggestion is filed with the clerk, the clerk must send a certified copy to the permanent office of the Legislative Counsel. Suggestions received at that office must be permanently filed, recorded, and copied to the Legislative Counsel.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10240. When a suggestion is so filed with the clerk, he shall make and send to the permanent office of the Legislative Counsel a certified copy of the suggestion. All suggestions received at the permanent office shall be permanently filed and recorded and copies furnished to the Legislative Counsel. (Added by Stats. 1945, Ch. 111.)
  113. 10241.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Legislative Counsel must prepare a measure based on a judge’s suggestion and send it to the chairman of the judiciary committee of each house at the next session of the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10241. The Legislative Counsel shall prepare a measure in accordance with the suggestion of a judge, and shall transmit it to the chairman of the judiciary committee of each house at the next session of the Legislature. (Added by Stats. 1945, Ch. 111.)
  114. 10242.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel must advise the Legislature on legislation needed to maintain the codes and to codify later-enacted statutes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10242. The Legislative Counsel shall advise the Legislature from time to time as to legislation necessary to maintain the codes and legislation necessary to codify such statutes as are enacted from time to time subsequent to the enactment of the codes. Such recommendations shall include such restatement without substantive change as will best serve clearly and correctly to express the existing provisions of the law. (Amended by Stats. 1953, Ch. 1445.)
  115. 10242.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Legislative Counsel must maintain an annual electronic list of certain agency reports, publish it online, and share the website link with each legislator. Covered agencies must file electronic copies of required or requested reports and, if the report is online, provide a link to it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10242.5. (a) The Legislative Counsel shall annually prepare, publish, and maintain an electronic list of all reports that state and local agencies are required or requested by law to prepare and file with the Governor or the Legislature, or both, in the future or within the preceding year. The list shall include all of the following information: (1) The name of the agency that is required or requested to prepare and file the report. (2) A brief description of the subject of the report. (3) The date on which the report is to be completed and filed. (4) The date on which the report was filed with the Legislative Counsel. (b) The Legislative Counsel shall make the list of reports available to the public on an internet website and shall annually provide to each Member of the Legislature a hyperlink to the internet website whereby the list can be accessed. (c) (1) Each state and local agency that is required or requested by law to prepare a report described in subdivision (a) shall file an electronic copy of the report with the Legislative Counsel. If the report is posted on an internet website, the agency filing the electronic copy shall provide to the Legislative Counsel a hyperlink whereby the report may be accessed. (2) The Legislative Counsel shall include, on the internet website it maintains for purposes of this section, any hyperlinks provided by state and local agencies pursuant to paragraph (1). (d) As used in this section: (1) “Agency” includes any city, county, special district, department, board, bureau, or commission, including any task force or other similar body that is created by statute or resolution. “Agency” does not include the University of California. (2) “Report” includes any study or audit. (e) The Legislative Counsel shall update the list required by subdivision (a) by removing duplicate reports from the list. The Legislative Counsel shall also remove reports from the list as directed by Section 4 of Chapter 7 of the Statutes of 2010, or a subsequent statute that further requires the Legislative Counsel to remove reports included in the list. (Amended by Stats. 2025, Ch. 20, Sec. 19. (AB 137) Effective June 30, 2025.)
  116. 10243.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Legislative Counsel must cooperate with proponents of an initiative measure when the request is made in writing by 25 or more proposing electors and the Counsel believes the measure is reasonably likely to be submitted to voters.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10243. The Legislative Counsel shall cooperate with the proponents of an initiative measure in its preparation when: (a) Requested in writing so to do by 25 or more electors proposing the measure; and (b) In the judgment of the Legislative Counsel there is reasonable probability that the measure will be submitted to the voters of the State under the laws relating to the submission of initiatives. (Added by Stats. 1945, Ch. 111.)
  117. 10244.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel may contract with counties or cities to codify, compile, or index their ordinances or resolutions, but not below cost and subject to regulations approved by the Director of General Services. Money received under those contracts must be paid into the State Treasury for the Legislative Counsel Bureau.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10244. The Legislative Counsel may contract, at not less than cost and subject to regulations approved by the Director of General Services, with any county or city for the codification, compilation, or indexing of any or all of its ordinances or resolutions. All money received by the Legislative Counsel pursuant to such contracts shall be paid into the State Treasury to the credit and in augmentation of the current appropriation for the support of the Legislative Counsel Bureau. (Amended by Stats. 1965, Ch. 371.)
  118. 10245.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel may cooperate with any educational institution of the State, if both sides approve the manner of cooperation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10245. The Legislative Counsel may cooperate with any educational institution of the State in any manner approved by the Legislative Counsel and such institution. (Added by Stats. 1945, Ch. 111.)
  119. 10246.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel may not appear in court in state or federal cases unless the Joint Rules Committee first approves, with backup approval methods if that committee no longer exists.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10246. The Legislative Counsel shall not appear in any action or proceeding in the courts of this state or of the United States without the prior approval of the Joint Rules Committee. If the existence of said committee terminates such approval may be given in writing by the Speaker of the Assembly and the President pro Tempore of the Senate. Nothing in this section shall prevent the Legislature from giving its approval for such appearance by concurrent resolution. (Amended by Stats. 1972, Ch. 618.)
  120. 10247.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel must decide whether certain introduced or amended bills appropriate funds toward minimum school-district and community-college-district funding, and must state that determination and its basis in the bill digest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10247. When a bill is introduced in the Legislature and each time a bill is amended, on or after January 1, 1990, the Legislative Counsel shall determine whether the bill appropriates funds that apply toward the minimum funding for school districts and community college districts required pursuant to Section 8 of Article XVI of the California Constitution. The Legislative Counsel shall make this determination known in the Legislative Counsel’s Digest of the bill and shall describe in the digest the basis for this determination. (Added by Stats. 1989, Ch. 1256, Sec. 33. Effective October 1, 1989.)
  121. 10248.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel must publish specified legislative information online, provide broad public access, and may not charge a fee for access.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10248. Public computer network; required legislative information. (a) The Legislative Counsel shall, with the advice of the Assembly Committee on Rules and the Senate Committee on Rules, make all of the following information available to the public in electronic form: (1) The legislative calendar, the schedule of legislative committee hearings, a list of matters pending on the floors of both houses of the Legislature, and a list of the committees of the Legislature and their members. (2) The text of each bill introduced in each current legislative session, including each amended, enrolled, and chaptered form of each bill. (3) The bill history of each bill introduced and amended in each current legislative session. (4) The bill status of each bill introduced and amended in each current legislative session. (5) All bill analyses prepared by legislative committees in connection with each bill in each current legislative session. (6) All audiovisual recordings of legislative proceedings that have been caused to be made by the Legislature in accordance with paragraph (2) of subdivision (c) of Section 7 of Article IV of the California Constitution. Each recording shall remain accessible to the public through the Internet and downloadable for a minimum period of 20 years following the date on which the recording was made and shall then be archived in a secure format. (7) All vote information concerning each bill in each current legislative session. (8) Any veto message concerning a bill in each current legislative session. (9) The California Codes. (10) The California Constitution. (11) All statutes enacted on or after January 1, 1993. (12) A link to the list of state and local agency reports required by paragraph (2) of subdivision (a) of Section 9795. (b) The information identified in subdivision (a) shall be made available to the public by means of access by way of the largest nonproprietary, nonprofit cooperative public computer network. The information shall be made available in one or more formats and by one or more means in order to provide the greatest feasible access to the general public in this state. Any person who accesses the information may access all or any part of the information. The information may also be made available by any other means of access that would facilitate public access to the information. The information that is maintained in the legislative information system that is operated and maintained by the Legislative Counsel shall be made available in the shortest feasible time after the information is available in the information system. The information that is not maintained in the information system shall be made available in the shortest feasible time after it is available to the Legislative Counsel. (c) Any documentation that describes the electronic digital formats of the information identified in subdivision (a) and is available to the public shall be made available by means of access by way of the computer network specified in subdivision (b). (d) Personal information concerning a person who accesses the information may be maintained only for the purpose of providing service to the person. (e) The Legislative Counsel shall not impose a fee or other charge as a condition of accessing the information that is accessible by way of the computer network specified in subdivision (b). (f) The electronic public access provided by way of the computer network specified in subdivision (b) shall be in addition to other electronic or print distribution of the information. (g) An action taken pursuant to this section does not alter or relinquish any copyright or other proprietary interest or entitlement of the State of California relating to any of the information made available pursuant to this section. (Amended by Stats. 2023, Ch. 148, Sec. 2. (SB 259) Effective January 1, 2024. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 54.)
  122. 10248.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

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    Information the Legislative Counsel makes public under Section 10248 is in the public domain, and the State of California keeps no copyright or other proprietary interest in it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10248.5. Notwithstanding subdivision (g) of Section 10248, the information that the Legislative Counsel makes available to the public pursuant to Section 10248 is within the public domain and the State of California retains no copyright or other proprietary interest in that information. (Added by Stats. 2016, Ch. 441, Sec. 2. (AB 884) Effective September 22, 2016.)
  123. 10249.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Legislative Counsel must create a unit to advise and investigate workplace misconduct matters for the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [10230 - 10249] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 10249. (a) (1) The Legislative Counsel shall establish a unit within the Legislative Counsel Bureau to provide advice and investigation services to the Legislature related to workplace misconduct. (2) The unit shall accept and investigate reports and complaints of workplace misconduct, as authorized by the Legislature. (3) The Legislative Counsel shall employ a director of the unit, one or more investigators, and additional staff as appropriate. Notwithstanding Section 19889, but consistent with the merit principles of subdivision (b) of Section 1 of Article VII of the California Constitution, the Legislative Counsel shall be granted career executive assignments, at his or her request, to fill the positions of director and investigator. (b) The Legislative Counsel shall retain by contract a rotating panel of experts to review investigations undertaken by the unit and make recommendations to the Legislature regarding matters under investigation. (Added by Stats. 2018, Ch. 450, Sec. 2. (SB 867) Effective September 17, 2018.)
  124. 1026.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person who performs office duties in violation of oath rules, or knowingly appoints someone ineligible under those oath rules, commits a felony.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1026. Every person who exercises the duties of any office in violation of the provisions of this article relative to oaths, and every person who knowingly appoints to office a person ineligible by reason of the provisions of this article relative to oaths, is guilty of a felony. (Enacted by Stats. 1943, Ch. 134.)
  125. 1027.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person who works in employment contrary to the oath rules in this article, or who knowingly hires someone disqualified by those oath rules, commits a misdemeanor.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1027. Every person who exercises the duties of any employment in violation of the provisions of this article relative to oaths, and every person who knowingly employs a person ineligible by reason of the provisions of this article relative to oaths, is guilty of a misdemeanor. (Enacted by Stats. 1943, Ch. 134.)
  126. 1027.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section states legislative findings about communist organizations and their perceived efforts to influence state and local government and public employment in California.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1027.5. The Legislature of the State of California finds that: (a) There exists a world-wide revolutionary movement to establish a totalitarian dictatorship based upon force and violence rather than upon law. (b) This world-wide revolutionary movement is predicated upon and it is designed and intended to carry into execution the basic precepts of communism as expounded by Marx, Lenin, and Stalin. (c) Pursuant to the objectives of the world communism movement, in numerous foreign countries the legally constituted governments have been overthrown and totalitarian dictatorships established therein against the will of the people, and the establishment of similar dictatorships in other countries is imminently threatening. The successful establishment of totalitarian dictatorships has consistently been aided, accompanied, or accomplished by repeated acts of treachery, deceit, teaching of false doctrines, teaching untruth, together with organized confusion, insubordination, and disloyalty, fostered, directed, instigated, or employed by communist organizations and their members in such countries. (d) Within the boundaries of the State of California there are active disciplined communist organizations presently functioning for the primary purpose of advancing the objectives of the world communism movement, which organizations promulgate, advocate, and adhere to the precepts and the principles and doctrines of the world communism movement. These communist organizations are characterized by identification of their programs, policies, and objectives with those of the world communism movement, and they regularly and consistently cooperate with and endeavor to carry into execution programs, policies and objectives substantially identical to programs, policies, and objectives of such world communism movement. (e) One of the objectives of the world communism movement is to place its members in state and local government positions and in state supported educational institutions. If this objective is successful, propaganda can be disseminated by the members of these organizations among pupils and students by those members who would have the opportunity to teach them and to whom, as teachers, they would look for guidance, authority, and leadership. The members of such groups would use their positions to advocate and teach their doctrines and teach the prescribed Communist Party line group dogma or doctrine without regard to truth or free inquiry. This type of propaganda is sufficiently subtle to escape detection. There is a clear and present danger, which the Legislature of the State of California finds is great and imminent, that in order to advance the program, policies and objectives of the world communism movement, communist organizations in the State of California and their members will engage in concerted effort to hamper, restrict, interfere with, impede, or nullify the efforts of the State and the public agencies of the State to comply with and enforce the laws of the State of California and their members will infiltrate and seek employment by the State and its public agencies. (Added by Stats. 1953, Ch. 1646.)
  127. 10270.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. )

    Verify source ↗

    This section establishes the Commission on Uniform State Laws within the Legislative Counsel Bureau.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. ) ## 10270. There is, in the Legislative Counsel Bureau, the Commission on Uniform State Laws. (Added by Stats. 2012, Ch. 46, Sec. 17. (SB 1038) Effective June 27, 2012.)
  128. 10271.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. )

    Verify source ↗

    This section sets out who serves on the commission and how some legislative members may participate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. ) ## 10271. (a) The commission consists of one Member of the Senate, appointed by the Senate Committee on Rules; one Member of the Assembly, appointed by the Speaker of the Assembly; six additional members, appointed by the Governor; the Legislative Counsel; any person, not otherwise a member of the commission, elected as a life member of the National Conference of Commissioners on Uniform State Laws based upon service as a member of the commission; and any person, not otherwise a member of the commission, who served as a member of the commission, other than as an appointee of the Governor, for a period of at least five years. (b) The Members of the Legislature appointed to the commission shall serve at the pleasure of the appointing power and shall participate in the activities of the commission to the extent that the participation is not incompatible with their positions as Members of the Legislature. For the purposes of this article, the Members of the Legislature shall constitute a joint interim investigating committee on the subject of this article, and shall have the powers and duties imposed upon those committees by the Joint Rules of the Senate and Assembly. (Added by Stats. 2012, Ch. 46, Sec. 17. (SB 1038) Effective June 27, 2012.)
  129. 10272.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. )

    Verify source ↗

    Each appointed member of the commission must meet one of the listed qualification options.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. ) ## 10272. Each appointed member of the commission shall be any of the following: (a) A member in good standing of the State Bar of California. (b) A person admitted to practice before the highest court of any other state of the United States. (c) A judge of a court of record in this state. (Added by Stats. 2012, Ch. 46, Sec. 17. (SB 1038) Effective June 27, 2012.)
  130. 10273.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. )

    Verify source ↗

    A Governor-appointed commission member serves for four years and remains in office until a successor is appointed and qualified.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. ) ## 10273. Each member appointed by the Governor to the commission shall hold office for a term of four years and until the appointment and qualification of a successor. (Added by Stats. 2012, Ch. 46, Sec. 17. (SB 1038) Effective June 27, 2012.)
  131. 10274.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. )

    Verify source ↗

    If a Governor-appointed office becomes vacant, the Governor must appoint someone to fill the rest of the unexpired term.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. ) ## 10274. When a vacancy occurs in an office filled by appointment by the Governor, the Governor shall appoint a person to the office for the balance of the unexpired term. (Added by Stats. 2012, Ch. 46, Sec. 17. (SB 1038) Effective June 27, 2012.)
  132. 10275.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. )

    Verify source ↗

    A member of the commission may be reappointed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. ) ## 10275. A member of the commission is eligible for reappointment. (Added by Stats. 2012, Ch. 46, Sec. 17. (SB 1038) Effective June 27, 2012.)
  133. 10276.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. )

    Verify source ↗

    Commission members cannot be paid for serving as members, but they must be paid $100 per day when on official business and can claim actual expenses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. ) ## 10276. A member of the commission shall not receive compensation for services as a member, but shall receive one hundred dollars ($100) for each day while on official business of the commission. In addition, each member shall be allowed actual expenses incurred in the discharge of his or her duties, including actual and necessary travel expenses. (Added by Stats. 2012, Ch. 46, Sec. 17. (SB 1038) Effective June 27, 2012.)
  134. 10277.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. )

    Verify source ↗

    The commission may participate in the National Conference of Commissioners on Uniform State Laws, and the Legislative Counsel may allocate funds for the commission’s share of its expenses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. ) ## 10277. The commission may participate in the work of the National Conference of Commissioners on Uniform State Laws, and the Legislative Counsel may allocate funds to cover the commission’s proportionate share of the expenses of the National Conference of Commissioners on Uniform State Laws. This proportionate share shall be based upon the population of the state in comparison to that of other states. (Added by Stats. 2012, Ch. 46, Sec. 17. (SB 1038) Effective June 27, 2012.)
  135. 10278.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. )

    Verify source ↗

    The commission must meet in the state at least once every two years and choose a chairperson and secretary from among its members.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. ) ## 10278. The commission shall meet at some place in the state at least once every two years. The commission shall elect one of its members as chairperson and another as secretary, who shall hold their respective offices for a term of two years, and until their successors are elected and qualified. (Added by Stats. 2012, Ch. 46, Sec. 17. (SB 1038) Effective June 27, 2012.)
  136. 10279.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. )

    Verify source ↗

    Commission members must attend the meetings of the National Conference of Commissioners on Uniform State Laws.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. ) ## 10279. The members of the commission shall attend the meetings of the National Conference of Commissioners on Uniform State Laws. The attendance of a member at this meeting is an excused or authorized absence from employment. (Added by Stats. 2012, Ch. 46, Sec. 17. (SB 1038) Effective June 27, 2012.)
  137. 1028.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A public employee may be dismissed if they advocate violent overthrow of the U.S. or a state government, or knowingly belong to the Communist Party or to an organization that advocates such overthrow.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1028. It shall be sufficient cause for the dismissal of any public employee when such public employee advocates or is knowingly a member of the Communist Party or of an organization which during the time of his membership he knows advocates overthrow of the Government of the United States or of any state by force or violence. (Amended by Stats. 1953, Ch. 1646.)
  138. 1028.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A public employee who is subpoenaed or ordered by the employing state or local agency must appear and answer under oath to certain loyalty/advocacy questions, or face suspension and dismissal.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1028.1. It shall be the duty of any public employee who may be subpenaed or ordered by the governing body of the state or local agency by which such employee is employed, to appear before such governing body, or a committee or subcommittee thereof, or by a duly authorized committee of the Congress of the United States or of the Legislature of this State, or any subcommittee of any such committee, to appear before such committee or subcommittee, and to answer under oath a question or questions propounded by such governing body, committee or subcommittee, or a member or counsel thereof, relating to: (a) Present personal advocacy by the employee of the forceful or violent overthrow of the Government of the United States or of any state. (b) Present knowing membership in any organization now advocating the forceful or violent overthrow of the Government of the United States or of any state. (c) Past knowing membership at any time since October 3, 1945, in any organization which, to the knowledge of such employee, during the time of the employee’s membership advocated the forceful or violent overthrow of the Government of the United States or of any state. (d) Questions as to present knowing membership of such employee in the Communist Party or as to past knowing membership in the Communist Party at any time since October 3, 1945. (e) Present personal advocacy by the employee of the support of a foreign government against the United States in the event of hostilities between said foreign government and the United States. Any employee who fails or refuses to appear or to answer under oath on any ground whatsoever any such questions so propounded shall be guilty of insubordination and guilty of violating this section and shall be suspended and dismissed from his employment in the manner provided by law. (Amended by Stats. 1957, Ch. 2106.)
  139. 1028.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The listed sections do not apply to school district employees, and the Legislature says the Education Code should apply to them instead.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1028.2. Sections 1027.5, 1028.1, and 1028, added by Chapter 1418 of the Statutes of 1947, are not applicable to school district employees. It is the intent of the Legislature that the Education Code shall apply to such employees. (Added by Stats. 1955, Ch. 84.)
  140. 10280.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. )

    Verify source ↗

    The commission is directed to promote uniformity in state laws where that is desirable and practicable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. ) ## 10280. The commission shall do all in its power to promote uniformity in state laws upon all subjects where uniformity is deemed desirable and practicable. (Added by Stats. 2012, Ch. 46, Sec. 17. (SB 1038) Effective June 27, 2012.)
  141. 10281.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. )

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    The commission must try to get recommended uniform acts passed and must also devise and recommend additional legislation or other action when needed for this article’s purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. ) ## 10281. The commission shall bring about, as far as practicable, the passage of the various uniform acts recommended by the National Conference of Commissioners on Uniform State Laws, and shall devise and recommend additional legislation or other course of action as is deemed necessary to accomplish the purposes of this article. (Added by Stats. 2012, Ch. 46, Sec. 17. (SB 1038) Effective June 27, 2012.)
  142. 10282.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. )

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    The commission must report to the Legislature from time to time, as it considers desirable and practicable, and include its transactions plus advice and recommendations for legislation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Commission on Uniform State Laws [10270 - 10282] ( Article 3 added by Stats. 2012, Ch. 46, Sec. 17. ) ## 10282. The commission shall report to the Legislature from time to time as the commission deems desirable and practicable, giving an account of its transactions and its advice and recommendations for legislation. (Added by Stats. 2012, Ch. 46, Sec. 17. (SB 1038) Effective June 27, 2012.)
  143. 1029.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    Most people convicted of specified offenses are disqualified from peace officer office or employment, with listed exceptions. The Department of Justice must provide conviction data to the commission for decertification purposes.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1029. (a) Except as provided in subdivision (b), (c), (d), or (e), each of the following persons is disqualified from holding office as a peace officer or being employed as a peace officer of the state, county, city, city and county, or other political subdivision, whether with or without compensation, and is disqualified from any office or employment by the state, county, city, city and county, or other political subdivision, whether with or without compensation, which confers upon the holder or employee the powers and duties of a peace officer: (1) Any person who has been convicted of a felony. (2) Any person who has been convicted of any offense in any other jurisdiction which would have been a felony if committed in this state. (3) Any person who has been discharged from the military for committing an offense, as adjudicated by a military tribunal, which would have been a felony if committed in this state. (4) (A) Any person who, after January 1, 2004, has been convicted of a crime based upon a verdict or finding of guilt of a felony by the trier of fact, or upon the entry of a plea of guilty or nolo contendere to a felony. This paragraph applies regardless of whether, pursuant to subdivision (b) of Section 17 of the Penal Code, the court declares the offense to be a misdemeanor or the offense becomes a misdemeanor by operation of law. (B) For purposes of this paragraph, a person has been “convicted of a crime” immediately upon entry of a plea of guilty or nolo contendere to, or upon being found guilty by a trier of fact of, a felony offense, including an offense that may be charged as a misdemeanor or felony and that was charged as a felony at the time of the conviction. (C) Effective January 1, 2022, any person who has been convicted of a crime in accordance with this paragraph shall not regain eligibility for peace officer employment based upon the nature of any sentence ordered or imposed. In addition, no such person shall regain eligibility for peace officer employment based upon any later order of the court setting aside, vacating, withdrawing, expunging or otherwise dismissing or reversing the conviction, unless the court finds the person to be factually innocent of the crime for which they were convicted at the time of entry of the order. (5) Any person who has been charged with a felony and adjudged by a superior court to be mentally incompetent under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code. (6) Any person who has been found not guilty by reason of insanity of any felony. (7) Any person who has been determined to be a mentally disordered sex offender pursuant to Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (8) Any person adjudged addicted or in danger of becoming addicted to narcotics, convicted, and committed to a state institution as provided in Section 3051 of the Welfare and Institutions Code. (9) Any person who, following exhaustion of all available appeals, has been convicted of, or adjudicated through an administrative, military, or civil judicial process requiring not less than clear and convincing evidence, including a hearing that meets the requirements of the administrative adjudication provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), as having committed, any act that is a violation of Section 115, 115.3, 116, 116.5, or 117 of, or of any offense described in Chapter 1 (commencing with Section 92), Chapter 5 (commencing with Section 118), Chapter 6 (commencing with Section 132), or Chapter 7 (commencing with Section 142) of Title 7 of Part 1 of the Penal Code, including any act committed in another jurisdiction that would have been a violation of any of those sections if committed in this state. (10) Any person who has been issued the certification described in Section 13510.1 of the Penal Code, and has had that certification revoked by the Commission on Peace Officer Standards and Training, has voluntarily surrendered that certification pursuant to subdivision (f) of Section 13510.8, or having met the minimum requirement for issuance of certification, has been denied issuance of certification. (11) Any person previously employed in law enforcement in any state or United States territory or by the federal government, whose name is listed in the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training or any other database designated by the federal government whose certification as a law enforcement officer in that jurisdiction was revoked for misconduct, or who, while employed as a law enforcement officer, engaged in serious misconduct that would have resulted in their certification being revoked by the commission if employed as a peace officer in this state. (b) (1) A plea of guilty to a felony pursuant to a deferred entry of judgment program as set forth in Sections 1000 to 1000.4, inclusive, of the Penal Code shall not alone disqualify a person from being a peace officer unless a judgment of guilty is entered pursuant to Section 1000.3 of the Penal Code. (2) A person who pleads guilty or nolo contendere to, or who is found guilty by a trier of fact of, an alternate felony-misdemeanor drug possession offense and successfully completes a program of probation pursuant to Section 1210.1 of the Penal Code shall not be disqualified from being a peace officer solely on the basis of the plea or finding if the court deems the offense to be a misdemeanor or reduces the offense to a misdemeanor. (c) Any person who has been convicted of a felony, other than a felony punishable by death, in this state or any other state, or who has been convicted of any offense in any other state which would have been a felony, other than a felony punishable by death, if committed in this state, and who demonstrates the ability to assist persons in programs of rehabilitation may hold office and be employed as a parole officer of the Department of Corrections and Rehabilitation or the Division of Juvenile Justice, or as a probation officer in a county probation department, if the person has been granted a full and unconditional pardon for the felony or offense of which they were convicted. Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation or the Division of Juvenile Justice, or a county probation department, may refuse to employ that person regardless of their qualifications. (d) This section does not limit or curtail the power or authority of any board of police commissioners, chief of police, sheriff, mayor, or other appointing authority to appoint, employ, or deputize any person as a peace officer in time of disaster caused by flood, fire, pestilence or similar public calamity, or to exercise any power conferred by law to summon assistance in making arrests or preventing the commission of any criminal offense. (e) This section does not prohibit any person from holding office or being employed as a superintendent, supervisor, or employee having custodial responsibilities in an institution operated by a probation department, if at the time of the person’s hire a prior conviction of a felony was known to the person’s employer, and the class of office for which the person was hired was not declared by law to be a class prohibited to persons convicted of a felony, but as a result of a change in classification, as provided by law, the new classification would prohibit employment of a person convicted of a felony. (f) The Department of Justice shall supply the commission with necessary disqualifying felony and misdemeanor conviction data for all persons known by the department to be current or former peace officers. The commission shall be permitted to use the information for decertification purposes. The data, once received by the commission, shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), including documentation of the person’s appointment, promotion, and demotion dates, as well as certification or licensing status and the reason or disposition for the person leaving service. (Amended by Stats. 2022, Ch. 28, Sec. 52. (SB 1380) Effective January 1, 2023.)
  144. 1029.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    The Department of Corrections and the Department of the Youth Authority must complete a background investigation before a peace officer applicant is employed or starts training.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1029.1. The Department of Corrections and the Department of the Youth Authority shall complete a background investigation, using as guidelines standards defined by the Commission on Peace Officer Standards and Training, of any applicant for employment as a peace officer before the applicant may be employed or begin training as a peace officer. In order to reduce potential duplication of effort by individual institutions, investigations shall be accomplished by each department on a centralized or regional basis to the extent administratively feasible. (Added by Stats. 1984, Ch. 424, Sec. 1. Effective July 12, 1984. Operative January 1, 1985, by Sec. 5 of Ch. 424.)
  145. 10290.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. )

    Verify source ↗

    This article may be cited as the Uniform Electronic Legal Material Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. ) ## 10290. This article may be cited as the Uniform Electronic Legal Material Act. (Added by Stats. 2012, Ch. 310, Sec. 1. (SB 1075) Effective January 1, 2013. Operative July 1, 2015, by Sec. 2 of Ch. 310.)
  146. 10291.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the article, including “electronic,” “legal material,” “official publisher,” “publish,” “record,” and “state.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. ) ## 10291. As used in this article: (a) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (b) “Legal material” means all of the following, whether or not in effect: (1) The California Constitution. (2) The statutes of this state. (3) The California Codes. (c) “Official publisher” for electronic legal material means the Legislative Counsel Bureau. (d) “Publish” means to display, present, or release to the public, or cause to be displayed, presented, or released to the public, by the official publisher. (e) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (f) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (Added by Stats. 2012, Ch. 310, Sec. 1. (SB 1075) Effective January 1, 2013. Operative July 1, 2015, by Sec. 2 of Ch. 310.)
  147. 10292.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. )

    Verify source ↗

    This article applies to certain legal material in electronic records that is designated official under Section 10293 and first published electronically on or after July 1, 2015.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. ) ## 10292. This article applies to all legal material in an electronic record that is designated as official under Section 10293 and first published electronically on or after July 1, 2015. (Added by Stats. 2012, Ch. 310, Sec. 1. (SB 1075) Effective January 1, 2013. Operative July 1, 2015, by Sec. 2 of Ch. 310.)
  148. 10293.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. )

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    An official publisher that publishes legal material only electronically must designate the electronic record as official and comply with specified sections. If the publisher also publishes the material in another record, it may designate the electronic record as official if it complies with those sections.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. ) ## 10293. (a) If an official publisher publishes legal material only in an electronic record, the publisher shall do all of the following: (1) Designate the electronic record as official. (2) Comply with Sections 10294, 10296, and 10297. (b) An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the publisher complies with Sections 10294, 10296, and 10297. (Added by Stats. 2012, Ch. 310, Sec. 1. (SB 1075) Effective January 1, 2013. Operative July 1, 2015, by Sec. 2 of Ch. 310.)
  149. 10294.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. )

    Verify source ↗

    An official publisher of official electronic legal material must authenticate the record and provide a way for users to verify that the copy they received is unaltered.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. ) ## 10294. An official publisher of legal material in an electronic record that is designated as official under Section 10293 shall authenticate the record. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher. (Added by Stats. 2012, Ch. 310, Sec. 1. (SB 1075) Effective January 1, 2013. Operative July 1, 2015, by Sec. 2 of Ch. 310.)
  150. 10295.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. )

    Verify source ↗

    An electronically authenticated legal record is presumed accurate, and anyone challenging its authenticity must prove it is not authentic by a preponderance of the evidence.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. ) ## 10295. (a) Legal material in an electronic record that is authenticated under Section 10294 is presumed to be an accurate copy of the legal material. (b) If another state has adopted a law substantially similar to this article, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material. (c) A party contesting the authentication of legal material in an electronic record authenticated under Section 10294 has the burden of proving by a preponderance of the evidence that the record is not authentic. (Added by Stats. 2012, Ch. 310, Sec. 1. (SB 1075) Effective January 1, 2013. Operative July 1, 2015, by Sec. 2 of Ch. 310.)
  151. 10296.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. )

    Verify source ↗

    An official publisher of certain official electronic legal materials must preserve and secure the record, and if the material is kept electronically, must also ensure integrity, backup and disaster recovery, and continuing usability.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. ) ## 10296. (a) An official publisher of legal material in an electronic record that is or was designated as official under Section 10293 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic. (b) If legal material is preserved under subdivision (a) in an electronic record, the official publisher shall do all of the following: (1) Ensure the integrity of the record. (2) Provide for backup and disaster recovery of the record. (3) Ensure the continuing usability of the material. (Added by Stats. 2012, Ch. 310, Sec. 1. (SB 1075) Effective January 1, 2013. Operative July 1, 2015, by Sec. 2 of Ch. 310.)
  152. 10297.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. )

    Verify source ↗

    An official publisher must make preserved electronic legal material reasonably available to the public on a permanent basis.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. ) ## 10297. An official publisher of legal material in an electronic record that must be preserved under Section 10296 shall ensure that the material is reasonably available for use by the public on a permanent basis. (Added by Stats. 2012, Ch. 310, Sec. 1. (SB 1075) Effective January 1, 2013. Operative July 1, 2015, by Sec. 2 of Ch. 310.)
  153. 10298.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. )

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    An official publisher of electronic legal material must consider specified standards, users’ needs, officials’ views, and compatible technologies when implementing the article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. ) ## 10298. In implementing this article, an official publisher of legal material in an electronic record shall consider all of the following: (a) Standards and practices of other jurisdictions. (b) The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies. (c) The needs of users of legal material in an electronic record. (d) The views of governmental officials and entities and other interested persons. (e) To the extent practicable, the use of methods and technologies for the authentication of, preservation and security of, and public access to, legal material which are compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted the Uniform Electronic Legal Material Act. (Added by Stats. 2012, Ch. 310, Sec. 1. (SB 1075) Effective January 1, 2013. Operative July 1, 2015, by Sec. 2 of Ch. 310.)
  154. 10299.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. )

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    When applying and interpreting this article, consideration must be given to promoting uniformity with similar laws in other states that have adopted it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. ) ## 10299. In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added by Stats. 2012, Ch. 310, Sec. 1. (SB 1075) Effective January 1, 2013. Operative July 1, 2015, by Sec. 2 of Ch. 310.)
  155. 1030.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    A law enforcement agency must require certain peace officers or prospective peace officers to complete a fingerprint-based state and national criminal history background check, and must send fingerprint information to the Department of Justice. The Department of Justice must provide a state- or federal-level response.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1030. (a) A law enforcement agency shall require a peace officer or a prospective peace officer, as designated under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, to undergo a fingerprint-based state and national criminal history background check. (b) A law enforcement agency shall submit to the Department of Justice fingerprint images and related information for an individual specified in subdivision (a) who is subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (k) of Section 11105 of the Penal Code. (c) As used in this section, “law enforcement agency” means a police or sheriff’s department, or any department or agency of the state or any political subdivision thereof that employs any peace officer, as designated as designated under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (Repealed and added by Stats. 2025, Ch. 113, Sec. 29. (SB 160) Effective September 17, 2025.)
  156. 10300.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. )

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    This section says the article changes the federal Electronic Signatures in Global and National Commerce Act, but it does not change Section 101(c) or allow electronic delivery of the notices described in Section 103(b).

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 1. Legislative Counsel [10200 - 10300] ( Chapter 1 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Uniform Electronic Legal Material Act [10290 - 10300] ( Article 4 added by Stats. 2012, Ch. 310, Sec. 1. ) ## 10300. This article modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)). (Added by Stats. 2012, Ch. 310, Sec. 1. (SB 1075) Effective January 1, 2013. Operative July 1, 2015, by Sec. 2 of Ch. 310.)
  157. 1031.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    Peace officers must meet listed minimum standards, including work authorization, age, fingerprinting, character, education, and fitness requirements.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1031. Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards: (a) Be legally authorized to work in the United States under federal law. (b) Be 18 years of age or older. (c) Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record. (d) Be of good moral character, as determined by a thorough background investigation. (e) Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using state or local government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED or Cognia, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA). A foreign college or university degree may be evaluated for equivalency by a credential evaluation service holding membership in the National Association of Credential Evaluation Services (NACES) or the Association of International Credential Evaluators, Inc. (AICE). (f) Be found to be free from any physical, emotional, or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, that might adversely affect the exercise of the powers of a peace officer. (1) Physical condition shall be evaluated by a licensed physician and surgeon. (2) Emotional and mental condition shall be evaluated by either of the following: (A) A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program. (B) A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate. The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers. (g) This section shall not be construed to preclude the adoption of additional or higher standards, including age. (h) This section shall be interpreted and applied consistent with federal law and regulations. This section shall not be construed to permit an employer to override or bypass work authorization requirements stated in Section 274a.2 of Title 8 of the Code of Federal Regulations. (Amended by Stats. 2025, Ch. 175, Sec. 1. (AB 992) Effective January 1, 2026.)
  158. 1031.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    An employer must disclose certain employment information to a law enforcement agency when specific request and authorization conditions are met.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1031.1. (a) For purposes of performing a thorough background investigation for applicants not currently employed as a peace officer, as required by subdivision (d) of Section 1031, or in the case of an applicant for a position other than a sworn peace officer within a law enforcement agency, an employer shall disclose employment information relating to a current or former employee, upon request of a law enforcement agency, if all of the following conditions are met: (1) The request is made in writing. (2) The request is accompanied by a notarized authorization by the applicant releasing the employer of liability. (3) The request and the authorization are presented to the employer by a sworn officer or other authorized representative of the employing law enforcement agency. (b) In the absence of fraud or malice, an employer shall not be subject to civil liability for any relevant cause of action by virtue of releasing employment information required pursuant to this section. This section does not in any way or manner abrogate or lessen the existing common law or statutory privileges and immunities of an employer. (c) For purposes of this section, “employment information” includes written information in connection with job applications, performance evaluations, attendance records, disciplinary actions, eligibility for rehire, and other information relevant to the performance of a peace officer or other law enforcement agency applicant, except information prohibited from disclosure by any other state or federal law or regulation. (d) An employer’s refusal to disclose information to a law enforcement agency in accordance with this section shall constitute grounds for a civil action for injunctive relief requiring disclosure on the part of an employer. (e) Employment information disclosed by an employer to an initial requesting law enforcement agency shall be deemed confidential. However, the initial requesting law enforcement agency may disclose this information to another authorized law enforcement agency that is also conducting a background investigation into a peace officer or other law enforcement agency applicant. If this information is disclosed to another law enforcement agency, that agency shall utilize the information for investigative leads only and the information shall be independently verified by that agency in order to be used in determining the suitability of a peace officer or other law enforcement agency applicant. (f) An employer may charge reasonable fees to cover actual costs incurred in copying and furnishing documents to law enforcement agencies as required by this section. (Amended by Stats. 2019, Ch. 256, Sec. 4. (SB 781) Effective January 1, 2020.)
  159. 1031.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    An employer may delay collecting certain nonmedical or nonpsychological information about peace officers until after a conditional job offer, if it can show the information could not reasonably have been collected earlier.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1031.2. Consistent with the Americans with Disabilities Act of 1990 (Public Law 101-336) and paragraph (3) of subdivision (e) of Section 12940, the collection of nonmedical or nonpsychological information of peace officers, in accordance with a thorough background investigation, as required by subdivision (d) of Section 1031, may be deferred until after a conditional offer of employment is issued if the employer can demonstrate that the information could not reasonably have been collected prior to the offer. (Added by Stats. 2008, Ch. 437, Sec. 1. Effective January 1, 2009.)
  160. 1031.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    The Commission on Peace Officer Standards and Training must review and update certain screening regulations and materials by January 1, 2022 to add explicit and implicit bias identification.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1031.3. (a) The Commission on Peace Officer Standards and Training, by January 1, 2022, shall study, review, and update their regulations and associated screening materials related to the emotional and mental condition evaluation required by Section 1031 to incorporate both of the following: (1) Identification of explicit bias towards race or ethnicity, gender, nationality, religion, disability, or sexual orientation. (2) Identification of implicit bias towards race or ethnicity, gender, nationality, religion, disability, or sexual orientation. (b) For the purpose of this section, race or ethnicity, gender, nationality, religion, disability, and sexual orientation have the same meaning as incorporated by Section 422.55 of the Penal Code. (Added by Stats. 2020, Ch. 322, Sec. 2. (AB 846) Effective January 1, 2021.)
  161. 1031.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    Certain California peace officers must be at least 21 years old when appointed, with specific exceptions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1031.4. (a) In addition to the standards in Section 1031, each state officer and employee designated as peace officers as described in Section 830.1, with the exception of those described in subdivision (c) of that section, 830.2, with the exception of those described in subdivision (d) of that section, 830.3, 830.32, or 830.33 of the Penal Code, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program shall be at least 21 years of age at the time of appointment. (b) This section shall not apply to any person who, as of December 31, 2021, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California. (Added by Stats. 2021, Ch. 405, Sec. 3. (AB 89) Effective January 1, 2022.)
  162. 1031.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    Certain California peace officers must earn a specified degree or certificate within a set time after getting their basic certificate, with some exceptions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1031.5. (a) (1) In addition to the standards in Section 1031, commencing January 1, 2031, each state officer and employee designated as a peace officer as described in Section 830.1, with the exception of those described in subdivision (c) of that section, 830.2, with the exception of those described in subdivision (d) of that section, 830.3, 830.32, or 830.33 of the Penal Code, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program shall attain one or more of the following degrees or certificates no later than 36 months after receiving their basic certificate by the commission: (A) An associate’s degree from a community college that is accredited by an agency recognized by the United States Department of Education. (B) A bachelor’s degree or other advanced degree from a college or university that is accredited by an agency recognized by the United States Department of Education. (C) A modern policing degree, as described in subdivision (b). (D) A professional policing certificate, as described in subdivision (c). (2) Notwithstanding paragraph (1), a person who is either of the following shall attain one or more of the degrees or certificates set forth in subparagraph (A), (B), (C), or (D) of paragraph (1) no later than 48 months after receiving their basic certificate by the commission: (A) An individual with experience as a sworn peace officer from another state who served as a peace officer for less than eight years and with a separation in good standing. (B) An individual with experience serving in the Armed Forces of the United States who served for less than eight years and with an honorable discharge if their military service has concluded. (3) Paragraph (1) does not apply to either of the following: (A) An individual with at least eight years of experience as a sworn peace officer from another state and with a separation in good standing. (B) An individual with at least eight years of military service in the Armed Forces of the United States and with an honorable discharge if military service has concluded. (b) A modern policing degree shall meet all of the following criteria: (1) Require at least 60 semester units or 90 quarter units of degree-applicable credit coursework from a college or university that is accredited by an agency recognized by the United States Department of Education. (2) Award credits for required commission-certified academy course instruction. (3) Offer courses that include, but are not limited to, the following list of subjects: (A) Communications. (B) Psychology. (C) Writing. (D) Ethics. (E) Criminal Justice. (c) A professional policing certificate may be offered by any accredited college or university, and shall meet all of the following criteria: (1) Require at least 16 semester units or 24 quarter units of degree-applicable credit coursework from a college or university that is accredited by an agency recognized by the United States Department of Education. (2) Offer courses that include, but are not limited to, the following list of subjects: (A) Communications. (B) Psychology. (C) Writing. (D) Ethics. (E) Criminal Justice. (d) (1) Coursework completed as part of the commission-certified academy shall count toward the modern policing degree and professional policing certificate and may count toward any associate degree or bachelor’s degree described in subparagraphs (A) and (B) of paragraph (1) of subdivision (a). (2) Coursework completed as part of military or law enforcement training that is within the curriculum of a modern policing degree as described in subdivision (b) or a professional policing certificate as described in subdivision (c) by an individual during prior employment in the military or in law enforcement in another state may count toward a modern policing degree as described in subdivision (b) or a professional policing certificate as described in subdivision (c). (3) Coursework completed as part of the commission-certified academy shall not solely satisfy the unit requirement for a professional policing certificate. (e) This section does not apply to any person who, as of December 31, 2030, is currently enrolled in a basic academy or is employed as a peace officer by a public entity in California. (f) This section does not apply to any person who is employed as a peace officer by the State Department of State Hospitals. (Added by Stats. 2025, Ch. 175, Sec. 2. (AB 992) Effective January 1, 2026.)
  163. 1040.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    The DMV may require fingerprints from certain employees or applicants, and it can seek criminal-history information for those positions. The DOJ must respond, forward certain federal requests to the FBI, and may charge a fee to cover processing costs.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1040. (a) The Department of Motor Vehicles may require fingerprint images and associated information from an employee or prospective employee whose duties include or would include any of the following: (1) Access to confidential information in a database of the department. (2) Access to confidential or sensitive information provided by a member of the public including, but not limited to, a credit card number or social security account number. (3) Access to cash, checks, or other accountable items. (4) Responsibility for the development or maintenance of a critical automated system. (5) Making decisions regarding the issuance or denial of a license, endorsement, certificate, or indicia. (b) The fingerprint images and associated information of an employee or prospective employee of the Department of Motor Vehicles whose duties include or would include those specified in subdivision (a), or any person who assumes those duties, may be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal level convictions and state or federal level arrests for which the Department of Justice establishes that the applicant was released on bail or on his or her own recognizance pending trial. Requests for federal level criminal offender record information, received by the Department of Justice, pursuant to this section, shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. (c) The Department of Justice shall respond to the Department of Motor Vehicles with information as provided under subdivision (p) of Section 11105 of the Penal Code. (d) The Department of Motor Vehicles shall request subsequent arrest notification, from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for applicants described in subdivision (a). (e) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code. (f) This section does not apply to an employee of the Department of Motor Vehicles whose appointment occurred prior to January 1, 2005. (g) The Department of Motor Vehicles may investigate the criminal history of persons applying for employment in order to make a final determination of that person’s fitness to perform duties that would include any of those specified in subdivision (a). (Added by Stats. 2004, Ch. 419, Sec. 1. Effective January 1, 2005.)
  164. 1041.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    The Department of Managed Health Care may require fingerprinting and criminal background checks for certain workers with access to medical information, and must use contract terms and arrest-notification procedures in the situations described.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1041. (a) (1) The Department of Managed Health Care may require fingerprint images and associated information from a prospective employee whose duties would include access to medical information. (2) The department shall require that any services contract or interagency agreement that may include review of medical information for compliance with the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), and entered into, renewed, or amended after January 1, 2006, shall include a provision requiring the contractor to agree to permit the department to run criminal background checks on its employees, contractors, agents, or subcontractors that will have access to this information as part of their contract with the department. (b) The fingerprint images and associated information of a prospective employee, contractor, agent, subcontractor, or employee of a contractor of the Department of Managed Health Care whose duties include or would include access to the information specified in subdivision (a), or any person who assumes those duties, may be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal level convictions and state or federal level arrests for which the Department of Justice establishes that the applicant was released on bail or on his or her own recognizance pending trial. Requests for federal level criminal offender record information, received by the Department of Justice, pursuant to this section, shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. (c) The Department of Justice shall respond to the Department of Managed Health Care with information as provided under subdivision (p) of Section 11105 of the Penal Code. (d) The Department of Managed Health Care shall request subsequent arrest notification, from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for applicants described in subdivision (a). (e) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code. (f) This section does not apply to an employee of the Department of Managed Health Care whose appointment occurred prior to January 1, 2006. (g) The Department of Managed Health Care may investigate the criminal history for crimes involving moral turpitude of persons applying for employment in order to make a final determination of that person’s fitness to perform duties that would include any access to confidential information. (Added by Stats. 2005, Ch. 339, Sec. 1. Effective January 1, 2006.)
  165. 1042.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    The California Gambling Control Commission can require fingerprint checks for certain prospective employees and contractors, and must require contract terms for covered services contracts entered on or after January 1, 2009.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1042. (a) (1) The California Gambling Control Commission may require fingerprint images and associated information from a prospective employee if the employee’s duties include, or would include, access to any of the following: (A) Information that is required to be kept confidential under the Gambling Control Act (Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code) or any tribal-state gaming compact, including, but not limited to, applications for licenses or findings of suitability, and information provided by or received from a tribe in connection with a tribal-state gaming compact. (B) Access to state summary criminal history information, as defined in Section 11105 of the Penal Code, whether in full or in summary. (C) Access to cash, checks, or other accountable items. (2) The commission shall require that any services contract that is entered into, renewed, or amended on or after January 1, 2009, include a provision requiring the contractor to agree to permit the commission to require fingerprint images and associated information from the contractor’s employees, contractors, agents, or subcontractors, whose duties include, or would include, access to information and accountable items under paragraph (1) as part of a contract with the commission, in order for the commission to request criminal background checks on those individuals. (b) The fingerprint images and associated information of a prospective employee, contractor, agent, subcontractor, or employee of a contractor of the California Gambling Control Commission whose duties include, or would include, access to the information or accountable items specified under paragraph (1) of subdivision (a), or any person who assumes duties that include access to that information or those accountable items, may be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal level convictions and state or federal level arrests for which the Department of Justice establishes that the applicant was released on bail or on his or her own recognizance pending trial. Requests for federal level criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. (c) The Department of Justice shall respond to the California Gambling Control Commission with information as provided under subdivision (p) of Section 11105 of the Penal Code. (d) The California Gambling Control Commission shall request subsequent arrest notification from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for individuals described in subdivision (a) hired on or after January 1, 2009. (e) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code. (f) This section does not apply to an employee of the California Gambling Control Commission whose appointment occurred prior to January 1, 2009. (g) The executive director of the California Gambling Control Commission may investigate the criminal history of persons applying for employment and prospective service contractors and their agents, subcontractors, or employees, in order to make a final determination of a person’s fitness to perform duties that would include access to any information or accountable items specified under paragraph (1) of subdivision (a). Under no circumstances shall a person who would be disqualified from holding a state gambling license pursuant to subdivisions (c) to (f), inclusive, of Section 19859 of the Business and Professions Code be selected, appointed, or hired in a position that would include any duties involving access to information or accountable items specified under paragraph (1) of subdivision (a). (Added by Stats. 2008, Ch. 77, Sec. 1. Effective January 1, 2009.)
  166. 1043.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    The board and the Department of Justice have duties for criminal background checks, fingerprint submissions, information sharing, and a fee for processing requests.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1043. (a) (1) The executive board of the California Health Benefit Exchange, as established by Section 100500, shall, consistent with the federal Centers for Medicare and Medicaid Services (CMS), Catalog of Minimum Acceptable Risk Standards for Exchanges (MARS-E), Exchange Reference Architecture Supplement version 1.0, issued on August 12, 2012, or further updates, guidance, or regulations, submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all employees, prospective employees, contractors, subcontractors, volunteers, or vendors, whose duties include or would include access to confidential information, personal identifying information, personal health information, federal tax information, or financial information contained in the information systems and devices of the Exchange, or any other information as required by federal law or guidance applicable to state-based exchanges for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on his or her recognizance pending trial or appeal. (2) The board shall require a services contract, interagency agreement, or public entity agreement that includes or would include access to information described in paragraph (1), and entered into, renewed, or amended on or after June 17, 2013, to include a provision requiring the contractor to agree to criminal background checks on its employees, contractors, agents, or subcontractors who will have access to information described in paragraph (1) as part of their services contract, interagency agreement, or public entity agreement with the board. (b) The Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to paragraph (1) of subdivision (a). The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the board. (c) The Department of Justice shall provide a state or federal level response to the board pursuant to subdivision (p) of Section 11105 of the Penal Code. (d) The board shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons listed in paragraph (1) of subdivision (a). (e) The Department of Justice shall charge a fee sufficient to cover the cost of processing requests pursuant to this section. (Amended by Stats. 2014, Ch. 71, Sec. 66. (SB 1304) Effective January 1, 2015.)
  167. 1044.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. )

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    State entities or their designees must run criminal background checks and handle fingerprint-related submissions for people with access to federal tax information; DOJ must process and forward the requests and may charge a processing fee.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Disqualifications for Office or Employment [1020 - 1044] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 1044. (a) (1) A state entity or its designee shall conduct criminal background checks, as provided in this section, to comply with applicable federal requirements. (2) (A) The state entity or its designee shall submit to the Department of Justice fingerprint images, and any other related information required by the Department of Justice, of an employee, prospective employee, contractor, agent, volunteer, vendor, subcontractor, or employee of a contractor of the state entity or its designee whose duties or responsibilities include having access to federal tax information received by the state entity or its designee. The fingerprint images and any other related information of an employee, prospective employee, contractor, agent, volunteer, vendor, subcontractor, or employee of a contractor of the state entity or its designee shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal level convictions and state or federal level arrests for which the Department of Justice establishes that the applicant was released on bail or on his or her own recognizance pending trial. (B) The state shall meet and confer with impacted state collective bargaining units regarding the impact of this section on terms and conditions of employment. Any violation of this meet-and-confer requirement shall be a matter within the exclusive jurisdiction of the Public Employment Relations Board subject to the provisions of Chapter 10.3 (commencing with Section 3512). (3) A state entity or its designee shall require that any services contract or interagency agreement entered into, renewed, or amended on or after July 1, 2017, that includes access to federal tax information shall include a provision requiring the agency or contractor to agree to criminal background checks of its employees, contractors, agents, volunteers, vendors, or subcontractors who will have access to federal tax information as part of their services contract or interagency agreement with the state entity or its designee. (b) The Department of Justice shall forward to the Federal Bureau of Investigation requests for federal level criminal offender record information received pursuant to subdivision (a). The Department of Justice shall review the information returned by the Federal Bureau of Investigation and compile and disseminate a response to the requesting state entity. (c) The Department of Justice shall respond to the state entity or its designee that has requested the information as provided under subdivision (p) of Section 11105 of the Penal Code. (d) A state entity or its designee shall request state and federal subsequent arrest notification from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for individuals described in subdivision (a). (e) The Department of Justice may charge a fee sufficient to cover the cost of processing requests pursuant to this section. (f) For purposes of this section: (1) “Federal tax information” means return and return information as defined in Section 6103(b) of the Internal Revenue Code, relating to definitions, that is received either from the Internal Revenue Service or from secondary sources, or through an Internal Revenue Service-approved exchange agreement, and that is subject to the requirements set forth in Section 6103(p)(4) of the Internal Revenue Code, relating to safeguards. (2) “State entity” means an agency or officer of the state that is subject to the requirements set forth in Section 6103(p)(4) of the Internal Revenue Code, relating to safeguards. (3) “Designee” is as defined in subdivision (b) of Section 17202 of the Family Code. (Added by Stats. 2017, Ch. 19, Sec. 10. (AB 111) Effective June 27, 2017.)
  168. 10500.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Legislative Audit Bureau [10500 - 10504.1] ( Chapter 4 added by Stats. 1955, Ch. 1699. ) ## ARTICLE 1. Joint Legislative Audit Committee [10500 - 10504.1] ( Article 1 added by Stats. 1955, Ch. 1699. )

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    The Office of the Auditor General is to perform performance audits requested by the Legislature, and its authority is limited to examining and reporting.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Legislative Audit Bureau [10500 - 10504.1] ( Chapter 4 added by Stats. 1955, Ch. 1699. ) ## ARTICLE 1. Joint Legislative Audit Committee [10500 - 10504.1] ( Article 1 added by Stats. 1955, Ch. 1699. ) ## 10500. It is the desire of the Legislature to create the Office of the Auditor General, whose primary duties shall be to perform performance audits as may be requested by the Legislature. The authority of the office under the direction of the Joint Legislative Audit Committee is confined to examining and reporting and is in no way to interfere with adequate internal audit to be conducted by the executive branch of the government or the state audit or other audits required by statute to be performed by the State Auditor. The Legislature also finds that a significant portion of the state budget consists of subventions to local governments and, therefore, it is necessary for the Legislature to establish independent fiscal oversight capability necessary to determine funding priorities and to evaluate the efficiency and necessity of state-supported local programs and state programs administered by local governments. (Amended by Stats. 1993, Ch. 12, Sec. 9. Effective May 7, 1993.)
  169. 10501.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Legislative Audit Bureau [10500 - 10504.1] ( Chapter 4 added by Stats. 1955, Ch. 1699. ) ## ARTICLE 1. Joint Legislative Audit Committee [10500 - 10504.1] ( Article 1 added by Stats. 1955, Ch. 1699. )

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    The Joint Legislative Audit Committee is created and must oversee audit-related work, including setting the Auditor General’s policies, reviewing reports, and reporting recommendations to the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Legislative Audit Bureau [10500 - 10504.1] ( Chapter 4 added by Stats. 1955, Ch. 1699. ) ## ARTICLE 1. Joint Legislative Audit Committee [10500 - 10504.1] ( Article 1 added by Stats. 1955, Ch. 1699. ) ## 10501. The Joint Legislative Audit Committee is hereby created. The committee shall determine the policies of the Auditor General, ascertain facts, review reports and take action thereon, and make reports and recommendations to the Legislature and to the houses thereof concerning the state audit, the revenues and expenditures of the State, its departments, subdivisions, and agencies whether created by the Constitution or otherwise, and such other matters as may be provided for in the Joint Rules of the Senate and Assembly. The committee has a continuing existence and may meet, act, and conduct its business at any place within this State, during the sessions of the Legislature or any recess thereof, and in the interim period between sessions. (Added by Stats. 1955, Ch. 1699.)
  170. 10502.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Legislative Audit Bureau [10500 - 10504.1] ( Chapter 4 added by Stats. 1955, Ch. 1699. ) ## ARTICLE 1. Joint Legislative Audit Committee [10500 - 10504.1] ( Article 1 added by Stats. 1955, Ch. 1699. )

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    The committee must have seven Senate members and seven Assembly members, choose its own chairman, and fill vacancies according to the Joint Rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Legislative Audit Bureau [10500 - 10504.1] ( Chapter 4 added by Stats. 1955, Ch. 1699. ) ## ARTICLE 1. Joint Legislative Audit Committee [10500 - 10504.1] ( Article 1 added by Stats. 1955, Ch. 1699. ) ## 10502. The committee shall consist of seven Members of the Senate and seven Members of the Assembly who shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The committee shall elect its own chairman. Vacancies occurring in the membership of the committee between general sessions of the Legislature shall be filled in the manner provided for in the Joint Rules of the Senate and Assembly. A vacancy shall be deemed to exist as to any member of the committee whose term is expiring whenever such member is not reelected at the general election. (Amended by Stats. 1985, Ch. 833, Sec. 1.5. Effective September 19, 1985.)
  171. 10503.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Legislative Audit Bureau [10500 - 10504.1] ( Chapter 4 added by Stats. 1955, Ch. 1699. ) ## ARTICLE 1. Joint Legislative Audit Committee [10500 - 10504.1] ( Article 1 added by Stats. 1955, Ch. 1699. )

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    The committee may make rules for its own proceedings, create subcommittees, and assign studies, inquiries, investigations, or hearings to those subcommittees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Legislative Audit Bureau [10500 - 10504.1] ( Chapter 4 added by Stats. 1955, Ch. 1699. ) ## ARTICLE 1. Joint Legislative Audit Committee [10500 - 10504.1] ( Article 1 added by Stats. 1955, Ch. 1699. ) ## 10503. The committee is authorized to make rule governing its own proceedings and to create subcommittees from its membership and assign to such subcommittees any study, inquiry, investigation, or hearing which the committee itself has authority to undertake or hold. The provisions of Rule 36 of the Joint Rules of the Senate and Assembly relating to investigating committees shall apply to the committee and it shall have such powers, duties and responsibilities as the Joint Rules of the Senate and Assembly shall from time to time prescribe, and all the powers conferred upon committees by Section 11, Article IV, of the Constitution. (Amended by Stats. 1980, Ch. 1159.)
  172. 10504.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Legislative Audit Bureau [10500 - 10504.1] ( Chapter 4 added by Stats. 1955, Ch. 1699. ) ## ARTICLE 1. Joint Legislative Audit Committee [10500 - 10504.1] ( Article 1 added by Stats. 1955, Ch. 1699. )

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    The committee can suspend the Auditor General in specified situations, the chairman can appoint an acting Auditor General during a vacancy, and the committee must set salaries and provide support funding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Legislative Audit Bureau [10500 - 10504.1] ( Chapter 4 added by Stats. 1955, Ch. 1699. ) ## ARTICLE 1. Joint Legislative Audit Committee [10500 - 10504.1] ( Article 1 added by Stats. 1955, Ch. 1699. ) ## 10504. After recommendation by the committee, the Auditor General shall be selected by concurrent resolution and shall serve until his or her successor is selected or until his or her removal by concurrent resolution. When the Legislature is not in session, the committee may suspend the Auditor General until the Legislature reconvenes. When the Legislature is in session, the committee may suspend the Auditor General for a period not to exceed 30 days. When there is a vacancy in the office of Auditor General, the Chairman of the Joint Legislative Audit Committee shall select an acting Auditor General until an Auditor General is selected by the Legislature. The committee shall fix the salary of the Auditor General, deputies, and staff. The funds for the support of the committee shall be provided from the Contingent Funds of the Assembly and Senate in the same manner that those funds are made available to other joint committees of the Legislature. (Amended by Stats. 1987, Ch. 361, Sec. 2. Effective August 28, 1987.)
  173. 10504.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Legislative Audit Bureau [10500 - 10504.1] ( Chapter 4 added by Stats. 1955, Ch. 1699. ) ## ARTICLE 1. Joint Legislative Audit Committee [10500 - 10504.1] ( Article 1 added by Stats. 1955, Ch. 1699. )

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    At least one deputy auditor general must be a certified public accountant.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Legislative Audit Bureau [10500 - 10504.1] ( Chapter 4 added by Stats. 1955, Ch. 1699. ) ## ARTICLE 1. Joint Legislative Audit Committee [10500 - 10504.1] ( Article 1 added by Stats. 1955, Ch. 1699. ) ## 10504.1. At least one deputy auditor general shall be a certified public accountant. (Amended by Stats. 1985, Ch. 833, Sec. 2. Effective September 19, 1985.)
  174. 1060.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Residence Restrictions and Absence from State [1060 - 1064] ( Article 3 enacted by Stats. 1943, Ch. 134. )

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    Several state officers must keep their offices in the City of Sacramento.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Residence Restrictions and Absence from State [1060 - 1064] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 1060. The following officers shall keep their offices in the City of Sacramento: (a) The Governor. (b) Secretary of State. (c) Controller. (d) Treasurer. (e) Attorney General. (f) Superintendent of Public Instruction. (g) Justices of the Supreme Court. (h) Clerk and reporters of the Supreme Court. (i) Adjutant General. (Amended by Stats. 1984, Ch. 898, Sec. 1.)
  175. 10600.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Joint Legislative Retirement Committee [10600 - 10606] ( Chapter 5 added by Stats. 1963, Ch. 1417. )

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    The Legislature states that a joint legislative committee should provide continuing study and analysis of public retirement systems and related legislation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Joint Legislative Retirement Committee [10600 - 10606] ( Chapter 5 added by Stats. 1963, Ch. 1417. ) ## 10600. The Legislature finds that the retirement of officers and employees of the state, school districts, and many cities, counties, and public jurisdictions in the state, is provided under several independently administered and highly complex and technical statutes, and that development and change in such systems are interrelated and have important long-range implications both with respect to cost and to the rights of public employees. The Legislature recognizes the need of coordination of such change and development and for continuing study and analysis of such systems and legislation affecting them. The Legislature also recognizes the need to recommend legislation to change employers’ and employees’ contributions through increased portfolio yield. Therefore, it is the desire of the Legislature to provide for such continuing study and analysis by a joint legislative committee. (Amended by Stats. 1982, Ch. 1155, Sec. 1.)
  176. 10601.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Joint Legislative Retirement Committee [10600 - 10606] ( Chapter 5 added by Stats. 1963, Ch. 1417. )

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    The Joint Legislative Retirement Committee is created and must study and review retirement systems for public officers and employees, while bills affecting those systems must be sent to the committee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Joint Legislative Retirement Committee [10600 - 10606] ( Chapter 5 added by Stats. 1963, Ch. 1417. ) ## 10601. The Joint Legislative Retirement Committee is hereby created. The committee shall study and review the benefits, programs, actuarial condition, practices, investments and procedures of, and all legislation relating to the retirement systems for public officers and employees in this state and the trends and developments in the field of retirement. The committee has a continuing existence and may meet, act, and conduct its business at any place within this state during the sessions of the Legislature or any recess thereof, and in the interim period between sessions. A copy of each bill which affects any public employee retirement system shall be transmitted to the committee. (Amended by Stats. 2001, Ch. 745, Sec. 77. Effective October 12, 2001.)
  177. 10602.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Joint Legislative Retirement Committee [10600 - 10606] ( Chapter 5 added by Stats. 1963, Ch. 1417. )

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    The committee must be made up of specified Senate and Assembly committee members, elect its own chairman, and fill vacancies under the Joint Rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Joint Legislative Retirement Committee [10600 - 10606] ( Chapter 5 added by Stats. 1963, Ch. 1417. ) ## 10602. The committee shall consist of a member from each of the following Senate committees: Banking and Commerce, Industrial Relations, Local Government, Public Employment and Retirement, and Revenue and Taxation and a member from each of the following Assembly committees: Finance, Insurance and Commerce, Labor and Employment, Local Government, Public Employees and Retirement, and Revenue and Taxation. The members shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The committee shall elect its own chairman. Vacancies occurring in the membership of the committee between general sessions of the Legislature shall be filled in the manner provided for in the Joint Rules of the Senate and Assembly. A vacancy shall be deemed to exist as to any member of the committee whose term is expiring whenever such member is not reelected at the General Election. (Amended by Stats. 1982, Ch. 1155, Sec. 3.)
  178. 10603.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Joint Legislative Retirement Committee [10600 - 10606] ( Chapter 5 added by Stats. 1963, Ch. 1417. )

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    The committee may make its own procedural rules, form subcommittees, and assign certain studies or investigations to them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Joint Legislative Retirement Committee [10600 - 10606] ( Chapter 5 added by Stats. 1963, Ch. 1417. ) ## 10603. The committee is authorized to make rules governing its own proceedings and to create subcommittees from its membership and assign to such subcommittees any study, inquiry, investigation, or hearing which the committee itself has authority to undertake or hold. The provisions of Rule 36 of the Joint Rules of the Senate and Assembly relating to investigating committees shall apply to the committee, and it shall have such powers, duties and responsibilities as the Joint Rules of the Senate and Assembly shall from time to time prescribe, and all the powers conferred upon committees by Section 11, Article IV, of the Constitution. (Amended by Stats. 1968, Ch. 312.)
  179. 10604.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Joint Legislative Retirement Committee [10600 - 10606] ( Chapter 5 added by Stats. 1963, Ch. 1417. )

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    The committee may appoint necessary professional and other employees and set their salaries.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Joint Legislative Retirement Committee [10600 - 10606] ( Chapter 5 added by Stats. 1963, Ch. 1417. ) ## 10604. The committeee shall have authority to appoint and fix the salary of such professional and other employees as may be necessary. Funds for the support of the committee shall be provided from the Contingent Funds of the Assembly and Senate in the same manner that such funds are made available to other joint committees of the Legislature. (Amended by Stats. 1971, Ch. 438.)
  180. 10605.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Joint Legislative Retirement Committee [10600 - 10606] ( Chapter 5 added by Stats. 1963, Ch. 1417. )

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    The committee must establish a board of experts, appoint an independent actuary as consultant to that board, and the board’s members are listed in the section. The board’s actual and necessary expenses must be reimbursed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Joint Legislative Retirement Committee [10600 - 10606] ( Chapter 5 added by Stats. 1963, Ch. 1417. ) ## 10605. The committee shall establish a board of experts. The board of experts shall include: the Controller, the chairpersons of the investment committees of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, the presidents of those boards, the executive officers of those systems, the chiefs of investment of those systems, the chief actuaries of those systems, the pension managers and treasurers of two corporations, a manager of a city pension fund, and a manager of a county pension fund. The committee shall retain as a consultant to the board of experts an independent actuary. The board of experts shall be reimbursed for its actual and necessary expenses. (Added by Stats. 1982, Ch. 1155, Sec. 4.)
  181. 10606.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Joint Legislative Retirement Committee [10600 - 10606] ( Chapter 5 added by Stats. 1963, Ch. 1417. )

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    Each year, a joint meeting must be held in the last week of March to review the performance of the systems, and the State Treasurer must present an investment-practices review and send a copy to the committee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 2. AIDS TO THE LEGISLATURE [10200 - 10606] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Joint Legislative Retirement Committee [10600 - 10606] ( Chapter 5 added by Stats. 1963, Ch. 1417. ) ## 10606. There shall be held during the last week of March of each year a joint meeting of the committee, the board of experts, the Board of Administration of the Public Employees’ Retirement System, the Teachers’ Retirement Board, the executive officers of those systems, and the State Treasurer, to review the performance of the systems. The annual reports of those systems and the financial reports and reports of operations shall be presented at the meeting. At the meeting, the State Treasurer shall present a review of the investment practices of the Public Employees’ Retirement System and the State Teachers’ Retirement System and shall transmit a copy of the report to the committee. (Added by Stats. 1982, Ch. 1155, Sec. 5.)
  182. 1061.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Residence Restrictions and Absence from State [1060 - 1064] ( Article 3 enacted by Stats. 1943, Ch. 134. )

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    A department director who is a member of the Governor’s council must reside in Sacramento.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Residence Restrictions and Absence from State [1060 - 1064] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 1061. The director of each department who is a member of the Governor’s council shall reside at Sacramento. (Enacted by Stats. 1943, Ch. 134.)
  183. 1062.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Residence Restrictions and Absence from State [1060 - 1064] ( Article 3 enacted by Stats. 1943, Ch. 134. )

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    Certain state and municipal officers may not be absent from the state for more than 60 days unless an exception or consent applies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Residence Restrictions and Absence from State [1060 - 1064] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 1062. No state or municipal officer shall absent himself from the state for more than 60 days, unless either: (a) Upon business of the state, or the municipality, (b) With the consent of the Legislature, or the governing body of the municipality. The prohibition of this section shall not apply to the Governor, Lieutenant Governor, Secretary of State, Attorney General, Controller, Treasurer, Superintendent of Public Instruction, a Member of the State Board of Equalization, a Member of the State Personnel Board, or a Member of the Legislature; provided, no such person shall reside outside the state. In the case of illness or other urgent necessity, and upon a proper showing thereof the time limited for absence from the state shall be extended by: (a) The Governor in the case of state officers. (b) The city council or other governing body of the municipality in the case of municipal officers. (Amended by Stats. 1979, Ch. 485.)
  184. 1063.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Residence Restrictions and Absence from State [1060 - 1064] ( Article 3 enacted by Stats. 1943, Ch. 134. )

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    County and judicial district officers generally may not be absent from the state for more than 30 days, and longer absences require specified approvals; judicial officers are excluded.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Residence Restrictions and Absence from State [1060 - 1064] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 1063. No officer of a county or judicial district shall absent himself from the state for more than 30 days unless either: (a) Upon business for the state, county or judicial district, (b) With the consent of the board of supervisors of the county. In no case shall such officer absent himself from the state for more than two months without the consent of the board of supervisors, with the written approval of the Governor, nor shall such absence continue for a period exceeding six months in any one year. This section does not apply to judicial officers. (Amended by Stats. 1965, Ch. 1384.)
  185. 1064.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Residence Restrictions and Absence from State [1060 - 1064] ( Article 3 enacted by Stats. 1943, Ch. 134. )

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    School board and community college board members generally may not be out of state for more than 60 days, with listed exceptions and board-approved extensions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Residence Restrictions and Absence from State [1060 - 1064] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 1064. No member of the governing board of a school district or a community college district shall be absent from the state for more than 60 days, except in any of the following situations: (a) Upon business of the school district or community college district with the approval of the board. (b) (1) With the consent of the governing board of the school district or community college district for an additional period not to exceed a total absence of 90 days. (2) In the case of illness or other urgent necessity, and upon a proper showing thereof, the time limited for absence from the state may be extended by the governing board of the school district or community college district. (c) For federal military deployment, not to exceed an absence of a total of six months, as a member of the Armed Forces of the United States or the California National Guard. If the absence of a member of the governing board of a school district or community college district pursuant to this subdivision exceeds six months, the governing board may approve an additional six-month absence upon a showing that there is a reasonable expectation that the member will return within the second six-month period, and the governing board may appoint an interim member to serve in his or her absence. If two or more members of the governing board of a school district or community college district are absent by reason of the circumstances described in this subdivision, and those absences result in the inability to establish a quorum at a regular meeting, the governing board may immediately appoint one or more interim members as necessary to enable the governing board to conduct business and discharge its responsibilities. (d) The term of an interim member of the governing board of a school district or community college district appointed pursuant to subdivision (c) may not extend beyond the return of the absent member, nor may it extend beyond the next regularly scheduled election for that office. (Amended by Stats. 2011, Ch. 54, Sec. 1. (AB 334) Effective January 1, 2012.)
  186. 1090.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    Certain public officers and employees must not have a financial interest in contracts connected to their official duties, and they must not be buyers or sellers in official-capacity transactions. Individuals also must not help them violate this rule.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1090. (a) Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity. (b) An individual shall not aid or abet a Member of the Legislature or a state, county, district, judicial district, or city officer or employee in violating subdivision (a). (c) As used in this article, “district” means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. (Amended by Stats. 2014, Ch. 483, Sec. 1. (SB 952) Effective January 1, 2015.)
  187. 1090.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    State officers, state employees, and legislators must not accept commissions for placing insurance on behalf of the State.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1090.1. No officer or employee of the State nor any Member of the Legislature shall accept any commission for the placement of insurance on behalf of the State. (Added by Stats. 1957, Ch. 812.)
  188. 1091.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    An officer is treated as not interested in a contract only if the officer has a remote interest and the interest is disclosed, recorded, and the contract is approved without counting the officer’s vote. The section also bars an interested officer from trying to influence another member’s decision, and it punishes willful nondisclosure under Section 1097.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1091. (a) An officer shall not be deemed to be interested in a contract entered into by a body or board of which the officer is a member within the meaning of this article if the officer has only a remote interest in the contract and if the fact of that interest is disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest. (b) As used in this article, “remote interest” means any of the following: (1) That of an officer or employee of a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation, except as provided in paragraph (8) of subdivision (a) of Section 1091.5. (2) That of an employee or agent of the contracting party, if the contracting party has 10 or more other employees and if the officer was an employee or agent of that contracting party for at least three years before the officer initially accepting their office and the officer owns less than 3 percent of the shares of stock of the contracting party; and the employee or agent is not an officer or director of the contracting party and did not directly participate in formulating the bid of the contracting party. For purposes of this paragraph, time of employment with the contracting party by the officer shall be counted in computing the three-year period specified in this paragraph even though the contracting party has been converted from one form of business organization to a different form of business organization within three years of the initial taking of office by the officer. Time of employment in that case shall be counted only if, after the transfer or change in organization, the real or ultimate ownership of the contracting party is the same or substantially similar to that which existed before the transfer or change in organization. For purposes of this paragraph, stockholders, bondholders, partners, or other persons holding an interest in the contracting party are regarded as having the “real or ultimate ownership” of the contracting party. (3) That of an employee or agent of the contracting party, if all of the following conditions are met: (A) The agency of which the person is an officer is a local public agency located in a county with a population of less than 4,000,000. (B) The contract is competitively bid and is not for personal services. (C) The employee or agent is not in a primary management capacity with the contracting party, is not an officer or director of the contracting party, and holds no ownership interest in the contracting party. (D) The contracting party has 10 or more other employees. (E) The employee or agent did not directly participate in formulating the bid of the contracting party. (F) The contracting party is the lowest responsible bidder. (4) That of a parent in the earnings of their minor child for personal services. (5) That of a landlord or tenant of the contracting party. (6) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a firm that renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract and if these individuals have an ownership interest of 10 percent or more in the law practice or firm, stock brokerage firm, insurance firm, or real estate firm. (7) That of a member of a nonprofit corporation formed under the Food and Agricultural Code or a nonprofit corporation formed under the Corporations Code for the sole purpose of engaging in the merchandising of agricultural products or the supplying of water. (8) That of a supplier of goods or services when those goods or services have been supplied to the contracting party by the officer for at least five years prior to their election or appointment to office. (9) That of a person subject to the provisions of Section 1090 in any contract or agreement entered into pursuant to the provisions of the California Land Conservation Act of 1965. (10) Except as provided in subdivision (b) of Section 1091.5, that of a director of, or a person having an ownership interest of, 10 percent or more in a bank, bank holding company, or savings and loan association with which a party to the contract has a relationship of borrower or depositor, debtor or creditor. (11) That of an engineer, geologist, architect, or planner employed by a consulting engineering, architectural, or planning firm. This paragraph applies only to an employee of a consulting firm who does not serve in a primary management capacity, and does not apply to an officer or director of a consulting firm. (12) That of an elected officer otherwise subject to Section 1090, in any housing assistance payment contract entered into pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) as amended, provided that the housing assistance payment contract was in existence before Section 1090 became applicable to the officer and will be renewed or extended only as to the existing tenant, or, in a jurisdiction in which the rental vacancy rate is less than 5 percent, as to new tenants in a unit previously under a Section 8 contract. This section applies to any person who became a public official on or after November 1, 1986. (13) That of a person receiving salary, per diem, or reimbursement for expenses from a government entity. (14) That of a person owning less than 3 percent of the shares of a contracting party that is a for-profit corporation, provided that the ownership of the shares derived from the person’s employment with that corporation. (15) That of a party to litigation involving the body or board of which the officer is a member in connection with an agreement in which all of the following apply: (A) The agreement is entered into as part of a settlement of litigation in which the body or board is represented by legal counsel. (B) After a review of the merits of the agreement and other relevant facts and circumstances, a court of competent jurisdiction finds that the agreement serves the public interest. (C) The interested member has recused themselves from all participation, direct or indirect, in the making of the agreement on behalf of the body or board. (16) That of a person who is an officer or employee of an investor-owned utility that is regulated by the Public Utilities Commission with respect to a contract between the investor-owned utility and a state, county, district, judicial district, or city body or board of which the person is a member, if the contract requires the investor-owned utility to provide energy efficiency rebates or other type of program to encourage energy efficiency that benefits the public when all of the following apply: (A) The contract is funded by utility consumers pursuant to regulations of the Public Utilities Commission. (B) The contract provides no individual benefit to the person that is not also provided to the public, and the investor-owned utility receives no direct financial profit from the contract. (C) The person has recused themselves from all participation in making the contract on behalf of the state, county, district, judicial district, or city body or board of which they are a member. (D) The contract implements a program authorized by the Public Utilities Commission. (17) That of an owner or partner of a firm serving as an appointed member of an unelected board or commission of the contracting agency if the owner or partner recuses themselves from providing any advice to the contracting agency regarding the contract between the firm and the contracting agency and from all participation in reviewing a project that results from that contract. (18) That of a public officer if the public officer’s child is an officer or director of, or has an ownership interest of 10 percent or more in, a party to a contract entered into by the body or board of which the officer is a member, if this information is actually known to the public officer. (c) This section is not applicable to any officer interested in a contract who influences or attempts to influence another member of the body or board of which they are a member to enter into the contract. (d) The willful failure of an officer to disclose the fact of their interest in a contract pursuant to this section is punishable as provided in Section 1097. That violation does not void the contract unless the contracting party had knowledge of the fact of the remote interest of the officer at the time the contract was executed. (e) This section shall become operative on January 1, 2026. (Repealed (in Sec. 1) and added by Stats. 2024, Ch. 324, Sec. 2. (SB 1111) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  189. 1091.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    A public officer or board/commission member may subdivide land they own or have an interest in, but must first disclose that interest and must not vote on any matter or contract about the subdivision.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1091.1. The prohibition against an interest in contracts provided by this article or any other provision of law shall not be deemed to prohibit any public officer or member of any public board or commission from subdividing lands owned by him or in which he has an interest and which subdivision of lands is effected under the provisions of Division 2 (commencing with Section 66410) of Title 7 of the Government Code or any local ordinance concerning subdivisions; provided, that (a) said officer or member of such board or commission shall first fully disclose the nature of his interest in any such lands to the legislative body having jurisdiction over the subdivision thereof, and (b) said officer or member of such board or commission shall not cast his vote upon any matter or contract concerning said subdivision in any manner whatever. (Amended by Stats. 1975, Ch. 24.)
  190. 1091.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    Section 1090 does not apply to certain contracts or grants made by local workforce investment boards, unless two conditions are met.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1091.2. Section 1090 shall not apply to any contract or grant made by local workforce investment boards created pursuant to the federal Workforce Investment Act of 1998 except where both of the following conditions are met: (a) The contract or grant directly relates to services to be provided by any member of a local workforce investment board or the entity the member represents or financially benefits the member or the entity he or she represents. (b) The member fails to recuse himself or herself from making, participating in making, or in any way attempting to use his or her official position to influence a decision on the grant or grants. (Amended by Stats. 2000, Ch. 108, Sec. 3. Effective July 10, 2000.)
  191. 1091.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    Section 1090 does not apply to certain county children and families commission contracts or grants unless both listed conflict conditions are met.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1091.3. Section 1090 shall not apply to any contract or grant made by a county children and families commission created pursuant to the California Children and Families Act of 1998 (Division 108 (commencing with Section 130100) of the Health and Safety Code), except where both of the following conditions are met: (a) The contract or grant directly relates to services to be provided by any member of a county children and families commission or the entity the member represents or financially benefits the member or the entity he or she represents. (b) The member fails to recuse himself or herself from making, participating in making, or in any way attempting to use his or her official position to influence a decision on the grant or grants. (Amended by Stats. 2002, Ch. 664, Sec. 88. Effective January 1, 2003.)
  192. 1091.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    This section says a person’s financial interest in a contract can count as a “remote interest” if several district, contract, participation, and public-meeting conditions are met.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1091.4. (a) As used in Section 1091, “remote interest” also includes a person who has a financial interest in a contract, if all of the following conditions are met: (1) The agency of which the person is a board member is a special district serving a population of less than 5,000 that is a landowner voter district, as defined in Section 56050, that does not distribute water for any domestic use. (2) The contract is for either of the following: (A) The maintenance or repair of the district’s property or facilities provided that the need for maintenance or repair services has been widely advertised. The contract will result in materially less expense to the district than the expense that would have resulted under reasonably available alternatives and review of those alternatives is documented in records available for public inspection. (B) The acquisition of property that the governing board of the district has determined is necessary for the district to carry out its functions at a price not exceeding the value of the property, as determined in a record available for public inspection by an appraiser who is a member of a recognized organization of appraisers. (3) The person did not participate in the formulation of the contract on behalf of the district. (4) At a public meeting, the governing body of the district, after review of written documentation, determines that the property acquisition or maintenance and repair services cannot otherwise be obtained at a reasonable price and that the contract is in the best interests of the district, and adopts a resolution stating why the contract is necessary and in the best interests of the district. (b) If a party to any proceeding challenges any fact or matter required by paragraph (2), (3), or (4) of subdivision (a) to qualify as a remote interest under subdivision (a), the district shall bear the burden of proving this fact or matter. (Amended by Stats. 2004, Ch. 183, Sec. 132. Effective January 1, 2005.)
  193. 1091.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    An officer or employee is not treated as interested in a contract if one of the listed interest types applies, and a separate competitive-bidding exception applies for certain bank or savings and loan interests.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1091.5. (a) An officer or employee shall not be deemed to be interested in a contract if his or her interest is any of the following: (1) The ownership of less than 3 percent of the shares of a corporation for profit, provided that the total annual income to him or her from dividends, including the value of stock dividends, from the corporation does not exceed 5 percent of his or her total annual income, and any other payments made to him or her by the corporation do not exceed 5 percent of his or her total annual income. (2) That of an officer in being reimbursed for his or her actual and necessary expenses incurred in the performance of official duties. (3) That of a recipient of public services generally provided by the public body or board of which he or she is a member, on the same terms and conditions as if he or she were not a member of the body or board. (4) That of a landlord or tenant of the contracting party if the contracting party is the federal government or any federal department or agency, this state or an adjoining state, any department or agency of this state or an adjoining state, any county or city of this state or an adjoining state, or any public corporation or special, judicial, or other public district of this state or an adjoining state unless the subject matter of the contract is the property in which the officer or employee has the interest as landlord or tenant in which event his or her interest shall be deemed a remote interest within the meaning of, and subject to, the provisions of Section 1091. (5) That of a tenant in a public housing authority created pursuant to Part 2 (commencing with Section 34200) of Division 24 of the Health and Safety Code in which he or she serves as a member of the board of commissioners of the authority or of a community development commission created pursuant to Part 1.7 (commencing with Section 34100) of Division 24 of the Health and Safety Code. (6) That of a spouse of an officer or employee of a public agency in his or her spouse’s employment or officeholding if his or her spouse’s employment or officeholding has existed for at least one year prior to his or her election or appointment. (7) That of a nonsalaried member of a nonprofit corporation, provided that this interest is disclosed to the body or board at the time of the first consideration of the contract, and provided further that this interest is noted in its official records. (8) That of a noncompensated officer of a nonprofit, tax-exempt corporation, which, as one of its primary purposes, supports the functions of the body or board or to which the body or board has a legal obligation to give particular consideration, and provided further that this interest is noted in its official records. For purposes of this paragraph, an officer is “noncompensated” even though he or she receives reimbursement from the nonprofit, tax-exempt corporation for necessary travel and other actual expenses incurred in performing the duties of his or her office. (9) That of a person receiving salary, per diem, or reimbursement for expenses from a government entity, unless the contract directly involves the department of the government entity that employs the officer or employee, provided that the interest is disclosed to the body or board at the time of consideration of the contract, and provided further that the interest is noted in its official record. (10) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a firm which renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract and if these individuals have an ownership interest of less than 10 percent in the law practice or firm, stock brokerage firm, insurance firm, or real estate firm. (11) Except as provided in subdivision (b), that of an officer or employee of, or a person having less than a 10-percent ownership interest in, a bank, bank holding company, or savings and loan association with which a party to the contract has a relationship of borrower, depositor, debtor, or creditor. (12) That of (A) a bona fide nonprofit, tax-exempt corporation having among its primary purposes the conservation, preservation, or restoration of park and natural lands or historical resources for public benefit, which corporation enters into an agreement with a public agency to provide services related to park and natural lands or historical resources and which services are found by the public agency, prior to entering into the agreement or as part of the agreement, to be necessary to the public interest to plan for, acquire, protect, conserve, improve, or restore park and natural lands or historical resources for public purposes and (B) any officer, director, or employee acting pursuant to the agreement on behalf of the nonprofit corporation. For purposes of this paragraph, “agreement” includes contracts and grants, and “park,” “natural lands,” and “historical resources” shall have the meanings set forth in subdivisions (d), (g), and (i) of Section 5902 of the Public Resources Code. Services to be provided to the public agency may include those studies and related services, acquisitions of property and property interests, and any activities related to those studies and acquisitions necessary for the conservation, preservation, improvement, or restoration of park and natural lands or historical resources. (13) That of an officer, employee, or member of the Board of Directors of the California Housing Finance Agency with respect to a loan product or programs if the officer, employee, or member participated in the planning, discussions, development, or approval of the loan product or program and both of the following two conditions exist: (A) The loan product or program is or may be originated by any lender approved by the agency. (B) The loan product or program is generally available to qualifying borrowers on terms and conditions that are substantially the same for all qualifying borrowers at the time the loan is made. (14) That of a party to a contract for public services entered into by a special district that requires a person to be a landowner or a representative of a landowner to serve on the board of which the officer or employee is a member, on the same terms and conditions as if he or she were not a member of the body or board. For purposes of this paragraph, “public services” includes the powers and purposes generally provided pursuant to provisions of the Water Code relating to irrigation districts, California water districts, water storage districts, or reclamation districts. (b) An officer or employee shall not be deemed to be interested in a contract made pursuant to competitive bidding under a procedure established by law if his or her sole interest is that of an officer, director, or employee of a bank or savings and loan association with which a party to the contract has the relationship of borrower or depositor, debtor or creditor. (Amended by Stats. 2013, Ch. 650, Sec. 1. (AB 1090) Effective January 1, 2014.)
  194. 1091.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    An officer who also serves on an organization’s governing body must not vote on matters affecting that organization if the organization has, or may receive, an interest in property the agency may acquire by eminent domain.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1091.6. An officer who is also a member of the governing body of an organization that has an interest in, or to which the public agency may transfer an interest in, property that the public agency may acquire by eminent domain shall not vote on any matter affecting that organization. (Added by Stats. 2006, Ch. 594, Sec. 9. Effective January 1, 2007.)
  195. 1092.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    Contracts made in violation of Section 1090 may be avoided by a party other than the interested officer, and an action under this section must be filed within four years after discovery of the violation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1092. (a) Every contract made in violation of any of the provisions of Section 1090 may be avoided at the instance of any party except the officer interested therein. No such contract may be avoided because of the interest of an officer therein unless the contract is made in the official capacity of the officer, or by a board or body of which he or she is a member. (b) An action under this section shall be commenced within four years after the plaintiff has discovered, or in the exercise of reasonable care should have discovered, a violation described in subdivision (a). (Amended by Stats. 2007, Ch. 68, Sec. 1. Effective January 1, 2008.)
  196. 1092.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    Section 1092 does not allow avoidance of a lease, purchase, or encumbrance on real property when the good-faith lessee, purchaser, or encumbrancer paid value and had no actual knowledge of a Section 1090 violation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1092.5. Notwithstanding Section 1092, no lease or purchase of, or encumbrance on, real property may be avoided, under the terms of Section 1092, in derogation of the interest of a good faith lessee, purchaser, or encumbrancer where the lessee, purchaser, or encumbrancer paid value and acquired the interest without actual knowledge of a violation of any of the provisions of Section 1090. (Added by Stats. 1981, Ch. 66, Sec. 1.)
  197. 1093.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    Specified officers and their staff must not buy, sell, or personally benefit from certain government debt instruments; others must not help them do so.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1093. (a) The Treasurer and Controller, county and city officers, and their deputies and clerks shall not purchase or sell, or in any manner receive for their own or any other person’s use or benefit any state, county or city warrants, scrip, orders, demands, claims, or other evidences of indebtedness against the state, or any county or city thereof. (b) An individual shall not aid or abet the Treasurer, Controller, a county or city officer, or their deputy or clerk in violating subdivision (a). (c) This section shall not apply to evidences of indebtedness issued to or held by an officer, deputy, or clerk for services rendered by them, nor to evidences of the funded indebtedness of the state, county, or city. (Amended by Stats. 2014, Ch. 483, Sec. 2. (SB 952) Effective January 1, 2015.)
  198. 1094.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    An officer who audits and allows other public officers’ accounts must first require a signed affidavit or certificate, under penalty of perjury, confirming no violation of the article. Knowingly signing a false certificate about a material matter is a felony.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1094. Every officer whose duty it is to audit and allow the accounts of other state, county, or city officers shall, before allowing such accounts, require each of such officers to make and file with him an affidavit or certificate under penalty of perjury that he has not violated any of the provisions of this article, and any individual who wilfully makes and subscribes such certificate to an account which he knows to be false as to any material matter shall be guilty of a felony and upon conviction thereof shall be subject to the penalties prescribed for perjury by the Penal Code of this State. (Amended by Stats. 1951, Ch. 385.)
  199. 1095.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    Officers who disburse public money must not pay certain state, county, or city warrants or debts if they were handled contrary to this article.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1095. Officers charged with the disbursement of public moneys shall not pay any warrant or other evidence of indebtedness against the State, county, or city when it has been purchased, sold, received, or transferred contrary to any of the provisions of this article. (Enacted by Stats. 1943, Ch. 134.)
  200. 1096.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. )

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    If a disbursing officer receives an affidavit alleging a listed officer violated this article, the officer must stop settlement or payment and have the district attorney prosecute. If the defendant wins, the disbursing officer may then proceed.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Prohibitions Applicable to Specified Officers [1090 - 1099] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1096. Upon the officer charged with the disbursement of public moneys being informed by affidavit that any officer, whose account is about to be settled, audited, or paid by him, has violated any of the provisions of this article, the disbursing officer shall suspend such settlement or payment, and cause the district attorney to prosecute the officer for such violation. If judgment is rendered for the defendant upon such prosecution, the disbursing officer may proceed to settle, audit, or pay the account as if no affidavit had been filed. (Enacted by Stats. 1943, Ch. 134.)

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