Government Code — Part 10 | GOV — United States — California law | Esheria

Government Code

Part 10 of 107 · provisions 1,801–2,000

This act is named the Government Code.

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About this statute

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. 13332.11.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    The Department of Water Resources does not need State Public Works Board approval for certain funded expenditures if the project is an emergency or if it completes the listed review, reporting, and notification steps.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.11.1. Notwithstanding Section 13332.11, the expenditure by the Department of Water Resources of funds appropriated pursuant to Section 5096.821 or 75032 of the Public Resources Code is not subject to the approval of the State Public Works Board if either of the following applies to the expenditure: (a) The department is performing work pursuant to an emergency. (b) The department does all of the following: (1) Obtains engineering review of the proposed project from the United States Army Corps of Engineers. (2) Obtains engineering review of the proposed project from an independent board of consultants for any project with a construction cost exceeding five million dollars ($5,000,000). (3) Provides a written report to the Reclamation Board. (4) Provides information on the project expenditure to the Legislature in a semiannual report due on April 1 and October 1 each year. (5) Provides written notification to the Legislature if funds are made available by Section 75032 of the Public Resources Code to pay a project cost increase for which the Legislature has not otherwise been notified in writing. (Added by Stats. 2007, Ch. 368, Sec. 2. Effective January 1, 2008.)
  2. 13332.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    Certain land or real property acquisitions funded by appropriations are subject to the Property Acquisition Law, and all property acquisitions must be reported to the State Public Works Board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.12. (a) Any acquisition of land or other real property authorized in any appropriation, except an appropriation from the California Water Fund or an appropriation to the Department of Transportation or the High-Speed Rail Authority for capital outlay purposes, shall be subject to the provisions of the Property Acquisition Law (Part 11 (commencing with Section 15850)). Nothing in this section shall be construed as exempting the California Coastal Commission from this section. (b) All property acquisitions, including those exempted pursuant to subdivision (a), shall be reported to the State Public Works Board. (Amended by Stats. 2018, Ch. 790, Sec. 5. (SB 1172) Effective January 1, 2019.)
  3. 13332.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    The Controller cannot pay acquisition funds for property rights until the State Public Works Board approves the transaction, and the Attorney General and Department of General Services must notify the Board about covered inverse condemnation actions by putting them on the Board’s agenda.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.13. The Controller may not disburse funds from any appropriation for acquisition made to the Department of Parks and Recreation to pay for any property rights, however secured or received, until the State Public Works Board has approved the transaction. In addition, the Attorney General and the Department of General Services shall inform the State Public Works Board of every action in inverse condemnation served upon either or both of them, which pertains to any acquisition for the state park system, by placing an item on the board’s agenda. (Added by Stats. 1983, Ch. 323, Sec. 44. Effective July 1, 1983.)
  4. 13332.14.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    Money may not be spent on park furnishings unless the Department of Parks and Recreation has made reasonable efforts to get them through consolidated procurement or California Conservation Corps labor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.14. No expenditures for park furnishings shall be made unless the Department of Parks and Recreation has made reasonable efforts to acquire the furnishings on a consolidated procurement basis or through California Conservation Corps labor. (Added by Stats. 1983, Ch. 323, Sec. 44. Effective July 1, 1983.)
  5. 13332.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    An appropriation may not be combined or used to avoid budgeting a position’s salary or operating expenses, or to carry out a purpose the Legislature has formally denied.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.15. No appropriation may be combined or used in any manner to avoid budgeting the salary or operating expenses of any position or to achieve any purpose which has been denied by any formal action of the Legislature. (Added by Stats. 1983, Ch. 323, Sec. 44. Effective July 1, 1983.)
  6. 13332.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    This article does not apply to appropriations to certain listed legislative and state oversight bodies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.16. This article shall not apply to appropriations to the Legislature, the Legislative Counsel Bureau, the Bureau of State Audits, the California Commission on Uniform State Laws, or the California Law Revision Commission. (Amended by Stats. 1993, Ch. 12, Sec. 17. Effective May 7, 1993.)
  7. 13332.17.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    Certain purchase estimates received in the last 90 days of a fiscal year may be awarded in the first 90 days of the next fiscal year, with extra time if a protest must be resolved.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.17. Purchase estimates for supplies or equipment submitted to the Department of General Services pursuant to Section 10311 of the Public Contract Code received during the last 90 days of a fiscal year and for which a purchase order award is pending at the end of that fiscal year, may be awarded during the initial 90 days of the subsequent fiscal year. The 90-day period shall be extended commensurate with the time required to resolve any protest filed pursuant to Section 10306 of the Public Contract Code. Notwithstanding any other provision of law and regardless of the date of receipt of the materials, supplies or equipment, the date of expenditure and encumbrance for a purchase authorized by this section shall be construed to be the last day of the fiscal year in which the purchase estimate is received by the department. A purchase order awarded in accordance with the provisions of this section shall cite this section and the actual date of award. (Amended by Stats. 1993, Ch. 153, Sec. 1. Effective January 1, 1994.)
  8. 13332.18.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    State agencies generally may not spend revenues from fines and penalties unless the Legislature specifically authorizes the expenditure in the annual Budget Act or other legislation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.18. (a) Notwithstanding any other law, and except as specified in subdivision (b), revenues derived from the assessment of fines and penalties by any state agency shall not be expended unless the Legislature specifically provides authority for the expenditure of these funds in the annual Budget Act or other legislation. A fine or penalty is a charge imposed by an agency or department for wrongdoing, in excess of the cost of investigating, processing, or prosecuting the conduct for which the charge is assessed, or the cost of collecting it. A charge reasonably related to a service provided by a department or agency is not a fine or penalty for purposes of this section. (b) This section does not apply to the following: (1) Any governmental cost fund if the use of revenues subject to this section that are deposited in that fund for General Fund purposes is prohibited by the California Constitution or the United States Constitution. (2) Late charges collected by state agencies. (3) Funds collected by a state agency that are required to be maintained by that agency for purposes of administration of a federal program. (4) A fund established for restitution to victims of the conduct for which the fine or penalty was imposed or for repairing damage to the environment caused by the conduct for which the fine or penalty was imposed. (5) The following funds, though the omission of any other fund from the list contained in this paragraph shall not be grounds for inferring the applicability of this section: (A) The Fish and Game Preservation Fund. (B) The Restitution Fund. (C) The Driver Training Penalty Assessment Fund. (D) The Corrections Training Fund. (E) The Local Public Prosecutors and Public Defenders Training Fund. (F) The Victim-Witness Injury Fund. (G) The Traumatic Brain Injury Fund. (H) The Industrial Relations Construction Industry Enforcement Fund. (I) The Workplace Health and Safety Revolving Fund. (J) The Oil Spill Response Trust Fund. (K) The Oil Spill Prevention and Administration Fund. (L) The Environmental Enhancement Fund. (M) The Recovery Account of the Real Estate Fund. (N) The Motor Vehicle Account in the State Transportation Fund. (O) The State Highway Account in the State Transportation Fund. (P) The Motor Vehicle License Fee Account in the Transportation Tax Fund. (Q) Funds for programs established pursuant to the Food and Agricultural Code that can be terminated through an industry referendum vote. (c) For the purposes of this section, revenues derived from the assessment of fines and penalties includes interest accrued from the assessment of the fines and penalties. (Amended by Stats. 2019, Ch. 25, Sec. 25. (SB 94) Effective June 27, 2019.)
  9. 13332.19.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. )

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    This section limits when appropriated funds for design-build and progressive design-build projects may be spent, and sets approval, reporting, augmentation, and reversion rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 2.5. Provisions Applicable to Appropriations of Funds [13332 - 13332.19] ( Article 2.5 added by Stats. 1983, Ch. 323, Sec. 44. ) ## 13332.19. (a) For the purposes of this section, the following definitions shall apply: (1) “Design-build” means a construction procurement process in which both the design and construction of a project are procured from a single entity. (2) “Progressive design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity that is selected through a qualifications-based selection at the earliest feasible stage of the project. (3) “Design-build project” means a capital outlay project using the design-build construction procurement process. (4) “Progressive design-build project” means a capital outlay project using the progressive design-build construction procurement process. (5) “Design-build entity” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed. (6) “Design-build solicitation package” means the performance criteria, any concept drawings, the form of contract, and all other documents and information that serve as the basis on which bids or proposals will be solicited from the design-build entities for design-build projects. (7) “Design-build phase” means the period following the award of a contract to a design-build entity for a design-build project in which the design-build entity completes the design and construction activities necessary to fully complete the project in compliance with the terms of the contract. (8) “Performance criteria” means the information that fully describes the scope of a proposed design-build project and includes, but is not limited to, the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and any other information deemed necessary to sufficiently describe the state’s needs. Performance criteria may include concept drawings, which include any schematic drawings or architectural renderings that are prepared in the detail necessary to sufficiently describe the state’s needs. (9) “Qualification-based selection” means the process by which a state agency solicits for services from the design-build entities for a progressive design-build project. (10) “Preconstruction phase” means the period following the award of a contract to a design-build entity for a progressive design-build project in which the design-build entity completes design activities and any preconstruction activities necessary to produce a guaranteed maximum price. (11) “Guaranteed maximum price” means the maximum payment amount agreed upon by the Department of General Services and the design-build entity for the design-build entity to finish all remaining design, preconstruction, and construction activities sufficient to complete and close out a progressive design-build project. If the cost for completing all remaining design, preconstruction, and construction activities sufficient to complete and close out the progressive design-build project exceed the guaranteed maximum price, the costs exceeding the guaranteed maximum price shall be the responsibility of the design-build entity. If the cost for these activities is less than the guaranteed maximum price, the design-build entity shall not be entitled to the difference between the cost and the guaranteed maximum price. These amounts shall be revert to the fund from which the appropriation was made. (12) “Progressive design-build phase” means the remaining design and preconstruction activities necessary after the preconstruction phase, and all construction activities, necessary to complete construction and closeout of a progressive design-build project. (b) (1) Except as described in paragraphs (2) and (3), funds appropriated for a design-build project or progressive design-build project shall not be expended by any state agency, including, but not limited to, the University of California, the California State University, the California Community Colleges, and the Judicial Council, until the Department of Finance and the State Public Works Board have approved performance criteria or the guaranteed maximum price. (2) Paragraph (1) shall not apply to any of the following for funds appropriated for a design-build project: (A) Amounts for acquisition of real property, in fee or any lesser interest. (B) Amounts for equipment. (C) Amounts appropriated for performance criteria. (D) Amounts appropriated for preliminary plans, if the appropriation was made prior to January 1, 2005. (3) Paragraph (1) shall not apply to any of the following for funds appropriated for a progressive design-build project: (A) Amounts for acquisition of real property, in fee or any lesser interest. (B) Amounts for equipment. (C) Amounts appropriated for qualification-based selection. (D) Amounts appropriated for the preconstruction phase. (c) (1) If funds have been expended on the design-build phase or the progressive design-build phase of a project by any state agency prior to the approval of the performance criteria or the guaranteed maximum price by the Department of Finance and the State Public Works Board, all appropriated amounts for the design-build phase or the progressive design-build phase of a project, including all amounts expended on design-build or progressive design-build activities, shall revert to the fund from which the appropriation was made. (2) A design-build project for which a capital outlay appropriation is made shall not be put out to design-build solicitation until the bid package has been approved by the Department of Finance. A substantial change shall not be made to the performance criteria as approved by the board and the Department of Finance without written approval by the Department of Finance. The Department of Finance shall approve any proposed bid or proposal alternates set forth in the design-build solicitation package. (d) The State Public Works Board may augment a design-build project or a progressive design-build project in an amount of up to 20 percent of the capital outlay appropriations for the project, irrespective of whether any such appropriation has reverted. For projects authorized through multiple fund sources, including, but not limited to, general obligation bonds and lease-revenue bonds, to the extent permissible, the Department of Finance shall have full authority to determine which of the fund sources will bear all or part of an augmentation. The board shall defer all augmentations in excess of 20 percent of the amount appropriated for each design-build project or a progressive design-build project until the Legislature makes additional funds available for the specific project. (e) In addition to the powers provided by Section 15849.6, the State Public Works Board may further increase the additional amount in Section 15849.6 to include a reasonable construction reserve within the construction fund for any capital outlay project without augmenting the project. The amount of the construction reserve shall be within the 20 percent augmentation limitation. The board may use this amount to augment the project, when and if necessary, after the lease-revenue bonds are sold to ensure completion of the project. (f) Any augmentation in excess of 10 percent of the amounts appropriated for each design-build project or a progressive design-build project shall be reported to the Chairperson of the Joint Legislative Budget Committee, or their designee, 20 days prior to board approval, or not sooner than whatever lesser time the chairperson, or their designee, may in each instance determine. (g) (1) The Department of Finance may change the administratively or legislatively approved scope for major design-build projects or a progressive design-build projects. (2) If the Department of Finance changes the approved scope pursuant to paragraph (1), the department shall report the changes and associated cost implications to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board action to recognize the scope change. (h) The Department of Finance shall report to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board approval of performance criteria or guaranteed maximum price for any project when it is determined that the estimated cost of the total project is in excess of 20 percent of the amount recognized by the Legislature. (Amended by Stats. 2021, Ch. 77, Sec. 13. (AB 137) Effective July 16, 2021.)
  10. 13335.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. )

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    The department must develop, issue, and implement consistent and adequate budget guidelines for agencies that submit budgets under Article 2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. ) ## 13335. The department shall develop, issue, and implement consistent and adequate guidelines to be utilized by agencies required to submit budgets pursuant to the provisions of Article 2 (commencing with Section 13320). Such guidelines shall, among other things: (a) Ensure budgets that are reflective of an agency’s activities. (b) Ensure that the budgets are reflective of the costs which are associated with their execution. (c) Ensure that where a program budget format is used, budgetary presentation is designed to display expenditures based on various goals or objectives. A program budget defines objectives and relates the proposed level of expenditure to meet that objective in the given budget year. A major objective may be divided into elements designed to meet the major objective and, in turn, these elements may be divided into components or tasks designed to complete a proposed work effort. Such program budgets shall reflect expenditures from all fund sources. (Amended by Stats. 1984, Ch. 1286, Sec. 8.)
  11. 13336.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. )

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    The department must work with the Legislature to develop a format for agencies that must submit a program budget.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. ) ## 13336. The department shall, in cooperation with the Legislature, develop a format for utilization by agencies required to submit a program budget. (Amended by Stats. 1984, Ch. 1286, Sec. 9.)
  12. 13337.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. )

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    The Governor must submit the state budget within the first 10 days of each regular legislative session, and the Department of Finance has several duties for budget materials, fiscal data, and website access.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. ) ## 13337. (a) The budget required by the State Constitution to be submitted by the Governor at each regular session of the Legislature shall be submitted within the first 10 days of each regular session and shall contain a complete plan and itemized statement of all proposed expenditures of the state provided by existing law or recommended by the Governor, and all of its institutions, departments, boards, bureaus, commissions, officers, employees, and other agencies, and of all estimated revenues, for the ensuing fiscal year, together with a comparison, as to each item of revenues and expenditures, with the actual revenues and expenditures for the last completed fiscal year, the estimated revenues, and expenditures for the existing fiscal year and the budgeted revenue and expenditures for the next fiscal year. (b) The budget shall, in accordance with Chapter 2 (commencing with Section 41200) of Part 24 of Division 3 of Title 2 of the Education Code, include a section that specifies the percentages and amounts of General Fund revenues that must be set aside and applied for the support of school districts, as defined in Section 41302.5, and community college districts, as required by subdivision (b) of Section 8 of Article XVI of the California Constitution. (c) The Governor, or the Department of Finance acting on the Governor’s behalf, shall make appropriate changes in the budget request to reflect any modification in the organization or functions of state government proposed under Article 7.5 (commencing with Section 12080) of Chapter 1 of Part 2 before the passage of the budget. (d) The Governor’s Budget shall be prepared in accordance with guidelines and instructions adopted by the Department of Finance. (e) In order to provide meaningful comparisons, the Governor’s Budget shall be prepared in such a manner that the information presented provides for such comparisons between the fiscal years. (f) The Department of Finance shall submit to the committee in each house which considers appropriations and to the Joint Legislative Budget Committee copies of budget material submitted to it by agencies pursuant to Article 2 (commencing with Section 13320). (g) The Governor’s Budget shall also include a coding structure that indicates for each budget entity the categorization of expenditures and revenues. (h) Before submitting the Governor’s Budget to the Legislature, the Department of Finance may conduct public hearings regarding any portion of any budget. (i) The Governor, or the Department of Finance acting on the Governor’s behalf, shall, at the same time the Governor’s Budget is submitted to the Legislature, submit to the Legislature copies of the material for the purposes of subdivision (j). (j) The Department of Finance shall develop a fiscal information system that will provide timely and uniform fiscal data needed to formulate and monitor the budget, including, but not limited to, online inquiry capacity and the ability to simulate budget expenditures and forecast revenues. This system may include, among other things, data on encumbrances and expenditures by line item, governmental unit, and fund source. The system shall also include expenditures and encumbrances by program, as required. This system shall also include a coding structure that indicates the categorization of expenditures and revenues. This system and the data shall be available to the legislative and executive branches. The system may contain separate programs accessible by only one branch, designed to provide for distinct application of the data, but the basic system data shall be available on an equal basis to the legislative and executive branches of government. (k) The Department of Finance shall make available on the home page of its internet website access to the Governor’s Budget in an electronic machine readable format. (Amended by Stats. 2024, Ch. 451, Sec. 1. (SB 978) Effective January 1, 2025.)
  13. 13337.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. )

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    This section defines “advisory body” and “state funded,” gives the Director of Finance power to decide whether an advisory body is state funded, and requires budget reporting and evaluation for state-funded advisory bodies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. ) ## 13337.3. (a) (1) “Advisory body” means every board, bureau, commission, committee, panel, task force, or similar group created by statute or executive order whose principal function is to review, advise, plan, advocate, or promote. (2) “State funded” means receiving direct or indirect support from the General Fund, from funds that could be made available for General Fund purposes, or from funds which could be used to free up General Fund moneys. The determination of whether an advisory body is state funded shall be made by the Director of Finance. (b) On and after January 1, 1993, moneys may not be expended for the support of any state-funded advisory body unless that advisory body is evaluated pursuant to this section. (c) The Governor’s Budget submitted to the Legislature for the 1992–93 fiscal year shall include an addendum which evaluates the need for every state-funded advisory body in state government. That addendum shall identify each advisory body along with the relevant statutory or executive order reference establishing the advisory body, the funding source for each advisory body, including all direct and indirect costs and staff allocated, and an evaluation based on the following criteria: (1) The function of the advisory body. (2) Whether there is another appropriate governmental entity capable and suitable to carry on the function performed by the advisory body even if the new responsibility necessitates changing the composition or mandate of an existing body. (3) Whether the size of the advisory body is no larger than necessary to assure a range of viewpoints and to reflect this state’s diversity (7 to 13 members). (4) Whether consumers and the general public constitute a majority of voting members or is there justification for specific advice from experts only. (5) Whether the advisory body is authorized to have an executive officer appointed by the advisory body, and subject to Senate confirmation. (6) Whether the agenda of the advisory body is significant to the Legislature or to a constitutional officer or if the advisory body reports to the Legislature, or a constitutional officer, whether the Legislature or the constitutional officer share in the appointing authority. If the Governor makes all of the appointments, whether those appointments subject to Senate confirmation. (7) Whether strict conflict-of-interest provisions are applicable for each appointed member of the advisory body and the meetings of the body are open to the public. (8) Whether appointing authorities are directed to appoint persons reflecting the ethnic and cultural diversity of the state. (9) Whether a clear working relationship exists between the advisory body and other governmental agencies with which the advisory body reviews, advises, or plans. (10) Where the advisory body is created to review and report on a specific issue, whether there is a date for reporting and a date at which time the advisory body shall terminate. (Added by Stats. 1990, Ch. 1455, Sec. 9.)
  14. 13337.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. )

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    The annual Budget Act must not allow projected expenditures to exceed projected revenues.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. ) ## 13337.5. The annual Budget Act shall not provide for projected expenditures in excess of projected revenues. Further, it is the intention of the Legislature that in the event, after enactment of the Budget Act, revised estimates of expected revenues or expenditures, or both, show that expenditures will exceed estimated revenues, expenditures should be reduced or revenues increased, or both, to ensure that actual expenditures do not exceed actual revenues for that fiscal year. (Added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 3. Effective February 17, 1983. Operative July 1, 1983, by Sec. 64 of Ch. 10.)
  15. 13338.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. )

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    The Budget Bill must use a coding scheme compatible with the Governor’s Budget and the Controller’s records, and it must provide for appropriating federal funds received by the state and deposited in the State Treasury.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. ) ## 13338. (a) The Budget Bill shall utilize a coding scheme compatible with the Governor’s Budget and with the records of the Controller. (b) The Budget Bill shall provide for the appropriation of federal funds received by the state and deposited in the State Treasury. (Amended by Stats. 1984, Ch. 1286, Sec. 11.)
  16. 13339.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. )

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    Creates the California Fiscal Advisory Board and requires it to monitor, advise, review budgeting and accounting, and issue reports on set timelines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. ) ## 13339. (a) There is hereby created a California Fiscal Advisory Board consisting of the following members, or their representatives: (1) Chairman of the committee in each house which considers appropriations. (2) Chairman of the Joint Legislative Budget Committee. (3) Chairman of the Joint Legislative Audit Committee. (4) State Treasurer. (5) State Controller. (6) Director of Finance, who shall serve as chairman of the board. (b) The board shall monitor and advise the legislative and executive branches regarding the implementation of this chapter. The board shall also make recommendations as to any further legislation that may be necessary in order to further the objectives of this chapter. (c) In addition thereto, the advisory board shall review the budgeting and accounting process for the purpose of improving the preparation, legislative review and execution of the budget considering, but not limited to, the following subjects: (1) The budget cycle. (2) Adequate time for legislative review. (3) Increased public participation. (4) The basis of accounting revenues, expenditures, payables, and encumbrances. The advisory board shall make a preliminary report of its recommendations by March 1, 1981, and a final report prior to the time subdivision (a) of Section 13338 is implemented. This section shall remain in effect only until the time the provisions of Section 13300 become applicable to those state entities specified in subdivision (d) of Section 13300, and as of that date is repealed, unless a later enacted statute, which is chaptered before that date, deletes or extends the date. (Amended by Stats. 1984, Ch. 1286, Sec. 13. Repealed as of date prescribed by its own provisions.)
  17. 13340.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. )

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    Starting July 1, 2027, certain continuously appropriated funds may not be encumbered unless the Legislature specifies by statute that they are appropriated for encumbrance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. ) ## 13340. (a) Except as provided in subdivision (b), on and after July 1, 2027, no moneys in any fund that, by any statute other than a Budget Act, are continuously appropriated without regard to fiscal years may be encumbered unless the Legislature, by statute, specifies that the moneys in the fund are appropriated for encumbrance. (b) Subdivision (a) does not apply to any of the following: (1) The scheduled disbursement of any local sales and use tax proceeds to an entity of local government pursuant to Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code. (2) The scheduled disbursement of any transactions and use tax proceeds to an entity of local government pursuant to Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code. (3) The scheduled disbursement of any funds by a state or local agency or department that issues bonds and administers related programs for which funds are continuously appropriated as of June 30, 2027. (4) Moneys that are deposited in proprietary or fiduciary funds of the California State University and that are continuously appropriated without regard to fiscal years. (5) The scheduled disbursement of any motor vehicle license fee revenues to an entity of local government pursuant to the Vehicle License Fee Law (Part 5 (commencing with Section 10701) of Division 2 of the Revenue and Taxation Code). (Amended by Stats. 2026, Ch. 19, Sec. 30.00. (AB 109) Effective June 29, 2026.)
  18. 13341.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. )

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    The Legislature states that the University of California’s existing budgeting, accounting, and reporting systems should not be substantially changed to meet this article’s requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. ) ## 13341. It is the intent of the Legislature that the existing budgeting, accounting, and reporting systems of the University of California shall not be substantially modified to comply with the requirements of this article. (Added by Stats. 1978, Ch. 1284.)
  19. 13342.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. )

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    This section says the article does not stop its provisions from being implemented before a specified date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. ) ## 13342. Nothing in this article shall be construed to prohibit implementation of any provision of this article prior to a specified date. (Added by Stats. 1978, Ch. 1284.)
  20. 13343.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. )

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    The Department of Finance must update the Governor’s Budget display for the State Department of Public Health, and the State Department of Public Health must provide annual expenditure information by January 20 each year for listed funds and programs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. ) ## 13343. (a) The Department of Finance shall revise the Governor’s Budget documents display for the State Department of Public Health to include a display of the supplemental local assistance appropriation summary, including actual past year, estimated current year, and proposed budget year expenditures for each branch in the department. (b) No later than January 20 of each year, the State Department of Public Health shall annually provide expenditure information for actual past year, estimated current year, and proposed budget year for the following: (1) The Cigarette and Tobacco Products Surtax Fund and the accounts contained therein as established by Proposition 99 as approved by the voters at the November 8, 1988, statewide general election. (2) Statewide AIDS/HIV programs. (3) AIDS Drug Assistance Program. (4) Title V Maternal, Child, and Adolescent Health Grant funds. (5) Women, Infants, and Children Supplemental Nutrition Program. (6) Federal Health and Human Services Hospital Preparedness Program funds. (7) Centers for Disease Control and Prevention Public Health Emergency Preparedness Grant funds. (Added by Stats. 2007, Ch. 188, Sec. 1. Effective August 24, 2007.)
  21. 13344.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. )

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    State agencies must keep financial and accounting data for budget documents, and the Department of Finance must consult the Controller, run reconciliation procedures, and clearly note certain adjustments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 3. Fiscal Affairs [13290 - 13344] ( Chapter 3 added by Stats. 1945, Ch. 112. ) ## ARTICLE 3. Revised Budgeting and Accounting System for Fiscal Affairs of State Government [13335 - 13344] ( Article 3 added by Stats. 1978, Ch. 1284. ) ## 13344. (a) State agencies shall prepare and maintain financial and accounting data for inclusion in the Governor’s Budget, Budget Act and related documents, and the budgetary-legal basis annual report described in Section 12460, according to the methods and bases provided in regulations, budget letters, and other directives of the Department of Finance. The adoption, amendment, or repeal of these regulations, budget letters, or other directives consistent with this section are exempted 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). The Department of Finance shall consult with the Controller concerning significant changes to these financial and accounting methods, unless those changes are otherwise specified in law. The Department of Finance shall implement procedures, consistent with this section, that facilitate annual reconciliations of General Fund and special fund balances between those provided by a state agency to the Department of Finance and to the Controller. In the Governor’s Budget documents, appendices thereof, or other directives, the Department of Finance shall ensure that adjustments of prior-year fund balances and accounting methods are clearly noted in some fashion in order to ensure the closest possible comparability of these documents with past and future budgetary-legal basis annual reports. (b) For purposes of this section, “state agency” means every state office, officer, department, division, bureau, board, and commission. (Added by Stats. 2012, Ch. 343, Sec. 4. (AB 1487) Effective September 17, 2012.)
  22. 1340.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Commissions [1340 - 1342] ( Article 3 enacted by Stats. 1943, Ch. 134. )

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    The Governor must commission several categories of officers, including those elected by the people, elected by the Legislature, Militia officers, and officers appointed by the Governor, with one stated exception.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Commissions [1340 - 1342] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 1340. The Governor shall commission: (a) All officers elected by the people whose commissions are not otherwise provided for except those officers to whom a certificate of election is issued by the Secretary of State. (b) All officers elected by the Legislature. (c) All officers of the Militia. (d) All officers appointed by the Governor, or by the Governor with the advice and consent of the Senate. (Amended by Stats. 1951, Ch. 1586.)
  23. 13400.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. )

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    This section says the act is called the State Leadership Accountability Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. ) ## 13400. This act shall be known and may be cited as the State Leadership Accountability Act. (Amended by Stats. 2015, Ch. 25, Sec. 13. (SB 84) Effective June 24, 2015.)
  24. 13401.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. )

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    State agencies must maintain and regularly evaluate internal control systems, fix weaknesses promptly when found, and involve management in strengthening controls. The Department of Finance must set guidelines for monitoring objectivity, in consultation with the Controller and the California State Auditor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. ) ## 13401. (a) The Legislature finds all of the following: (1) Active oversight processes, including regular and ongoing monitoring processes, for the prevention and early detection of fraud and errors in program administration are vital to public confidence and the appropriate and efficient use of public resources. (2) Fraud and errors in state programs are more likely to occur from a lack of effective systems of internal control in state agencies when active monitoring measures are not maintained to ensure that controls are functioning properly. (3) Effective systems of internal control provide the basic foundation upon which a structure of public accountability must be built. (4) Effective systems of internal control are necessary to ensure that state resources are adequately safeguarded, monitored, and administered. (5) Systems of internal control are necessarily dynamic and must be routinely monitored, continuously evaluated, and, where necessary, improved. (6) Reports regarding the continuing adequacy of the systems of internal control of each state agency are necessary to enable the executive branch, the Legislature, and the public to evaluate each state agency’s performance of its public responsibilities and accountability. (b) The Legislature declares all of the following to be the policies of the state: (1) Each state agency must maintain effective systems of internal control as an integral part of its management practices. (2) The systems of internal control of each state agency shall be evaluated on an ongoing basis through regular and ongoing monitoring processes and, when detected, weaknesses must be promptly corrected. (3) All levels of management of state agencies must be involved in assessing and strengthening the systems of internal control to minimize fraud, errors, abuse, and waste of government funds. Monitoring processes should be designed to ensure objectivity of persons tasked with monitoring. Objectivity means allowing those tasked with monitoring to maintain integrity, impartiality, a questioning state of mind, and the ability to accurately and fairly assess circumstances and draw sound conclusions. (4) It shall be the responsibility of the Department of Finance, in consultation with the Controller and the California State Auditor, to establish guidelines for how the objectivity of the persons tasked with monitoring processes are to be maintained. Those guidelines should include establishing monitor training programs, identification of appropriate chain-of-command reporting relationships, and recommended best practices for professional development and the conduct of objective monitoring, including, but not limited to, practices for the regular dissemination of strategies and lessons learned from successful efforts to strengthen state administration via interagency cooperation. (Amended by Stats. 2015, Ch. 25, Sec. 14. (SB 84) Effective June 24, 2015.)
  25. 13402.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. )

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    Agency heads must establish and maintain internal controls for their state agencies and monitor those controls on an ongoing basis.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. ) ## 13402. Agency heads are responsible for the establishment and maintenance of a system or systems of internal control, and effective and objective ongoing monitoring of the internal controls within their state agencies. This responsibility includes documenting the system, communicating system requirements to employees, and ensuring that the system is functioning as prescribed and is modified, as appropriate, for changes in conditions. (Amended by Stats. 2015, Ch. 25, Sec. 15. (SB 84) Effective June 24, 2015.)
  26. 13403.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. )

    Verify source ↗

    This section defines “internal control” and requires agency heads to follow the section’s internal control standards and implement systems and processes for objective monitoring. It also assigns the Department of Finance responsibility to establish monitoring guidelines, in consultation with the Controller and the California State Auditor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. ) ## 13403. (a) As used in this chapter, “internal control” means a process, including a continuous built-in component of operations, effected by a state agency’s oversight body, management, and other personnel that provide reasonable assurance that the state agency’s objectives will be achieved. The following five components of internal control, if effectively designed, implemented, and operated in an integrated manner, constitute an effective internal control system: (1) “Control environment” means the foundation for an internal control system that provides the discipline and structure to help a state agency achieve its objectives. (2) “Risk assessment” means an assessment of the risks facing the state agency as it seeks to achieve its objectives and provides the basis for developing appropriate risk responses. (3) “Control activities” means the actions management establishes through policies and procedures to achieve objectives and respond to risks in the internal control system. (4) “Information and communication” means the quality of vital information used and communicated to achieve the state agency’s objectives. (5) “Monitoring” means the activities management establishes and operates to assess the quality of performance over time and promptly resolve the findings of audits and other reviews. (b) The elements of a satisfactory system of internal control, shall include, but are not limited to, the following: (1) A plan of organization that provides segregation of duties appropriate for proper safeguarding of state agency assets. (2) A plan that limits access to state agency assets to authorized personnel who require these assets in the performance of their assigned duties. (3) A system of policies and procedures adequate to provide compliance with applicable laws, criteria, standards, and other requirements. (4) An established system of practices to be followed in performance of duties and functions in each of the state agencies. (5) Personnel of a quality commensurate with their responsibilities. (6) An effective system of internal review. (7) A technology infrastructure to support the completeness, accuracy, and validity of information processed. (c) Agency heads shall follow the standards established by this section of internal control in carrying out the requirements of Section 13402. (d) Monitoring systems and processes are vital to the following: (1) Ensuring that routine application of internal controls do not diminish their efficacy over time. (2) Providing timely notice and opportunity for correction of emerging weaknesses with established internal controls. (3) Facilitating public resources and other decisions by ensuring availability of accurate and reliable information. (4) Facilitating production of timely and accurate financial reports, and the submittal, when appropriate, of recommendations for how greater efficiencies in support of the state agency’s mission may be attainable via the consolidation or restructuring of potentially duplicative or inefficient processes, programs, or practices where it appears such changes may be achieved without undermining program effectiveness, quality, or customer satisfaction. (e) It shall be the responsibility of the Department of Finance, in consultation with the Controller and the California State Auditor, to establish guidelines for the management of state agencies on how the role of monitoring should be staffed, structured, and its reporting function standardized so it fits within an efficient and normalized state agency administrative framework. (f) Agency heads shall implement systems and processes to ensure the objectivity of the monitoring of internal control as an ongoing activity in carrying out the requirements of Section 13402. (Amended by Stats. 2015, Ch. 25, Sec. 16. (SB 84) Effective June 24, 2015.)
  27. 13404.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. )

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    This section defines “agency head” and “state agency,” and gives the Department of Finance the final say on whether a state entity counts as a state agency for this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. ) ## 13404. As used in this chapter: (a) “Agency head” means the individual responsible for the overall operations of a state agency. (b) “State agency” means every entity included in subdivision (a) of Section 11000 and the California State University. The Department of Finance shall make the final determination whether a state entity is a state agency for purposes of being subject to the provisions of this chapter. (Amended by Stats. 2015, Ch. 25, Sec. 17. (SB 84) Effective June 24, 2015.)
  28. 13405.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. )

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    Covered agency heads must do a biennial internal control review and report, submit and post the report, and the agency must later provide and update a correction plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. ) ## 13405. (a) To ensure that the requirements of this chapter are fully complied with, each agency head that the Department of Finance determines is covered by this section shall, on a biennial basis but no later than December 31 of each odd-numbered year, conduct an internal review and prepare a report on the adequacy of the state agency’s systems of internal control, and monitoring practices in accordance with the guide prepared by the Department of Finance pursuant to subdivision (d). (b) The report, including the state agency’s response to review recommendations, shall be signed by the agency head and addressed to the agency secretary, or the Director of Finance for a state agency without a secretary. An agency head shall submit a copy of the report and related response, pursuant to a method determined by the Department of Finance, to the Legislature, the California State Auditor, the Controller, the Department of Finance, the Secretary of Government Operations, and to the State Library where the copy shall be available for public inspection. A copy of the report shall be posted on the agency’s Internet Web site within five business days after acceptance by the Department of Finance. (c) The report shall identify all inadequacies or weaknesses in a state agency’s systems of internal control that prevents the agency head from stating that the state agency’s systems comply with this chapter. By June 30, subsequent to the report prepared pursuant to subdivision (a), the state agency shall provide to the Department of Finance a plan and schedule for correcting the identified inadequacies or weaknesses. The plan and schedule shall be updated every six months until all corrections are implemented. (d) The Department of Finance, in consultation with the California State Auditor and the Controller, shall establish, and may modify from time to time as necessary, a system of reporting and a general framework to guide state agencies in conducting internal reviews of their systems of internal control. The adoption, amendment, or repeal of this system of reporting and general framework, or other directives to guide state agencies consistent with this section, shall be 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). (e) The Department of Finance, in consultation with the California State Auditor and the Controller, shall establish, and may modify from time to time as necessary, a general framework of recommended practices to guide state agencies in conducting active, ongoing monitoring of processes for internal control. (Amended by Stats. 2018, Ch. 37, Sec. 24. (AB 1817) Effective June 27, 2018.)
  29. 13406.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. )

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    A state agency’s internal audit staff member or designated internal control person must investigate allegations of false or misleading information, and the agency head must review any referral, take needed action, and send a report to the Department of Finance within 90 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. ) ## 13406. (a) The head of the internal audit staff of a state agency, as specified by the Director of Finance, or, in the event there is no internal audit function, a professional accountant, if available on the staff, designated as the internal control person by the agency head shall receive and investigate any allegation that an employee of the state agency provided false or misleading information in connection with the review of the state agency’s systems of internal control or in connection with the preparation of the biennial report on the systems of internal control, and monitoring practices. (b) If, in connection with any investigation under subdivision (a), the head of the internal audit staff or the designated internal control person determines that there is reasonable cause to believe that false or misleading information was provided, he or she shall report in writing that determination to the agency head. (c) The agency head shall review any matter referred to him or her under subdivision (b), shall take the disciplinary or corrective action as he or she deems necessary, and shall forward a copy of the report, indicating the action taken, to the Department of Finance within 90 days of the date of the report. (Amended by Stats. 2015, Ch. 25, Sec. 19. (SB 84) Effective June 24, 2015.)
  30. 13407.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. )

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    The Department of Finance and state agencies must carry out this chapter using existing resources.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 5. The State Leadership Accountability Act [13400 - 13407] ( Heading of Chapter 5 amended by Stats. 2015, Ch. 25, Sec. 12. ) ## 13407. Because sound internal controls and the regular and ongoing monitoring of those internal controls significantly inhibits waste of resources and thereby creates savings, the Department of Finance and state agencies shall carry out the provisions of this chapter by using existing resources. (Amended by Stats. 2015, Ch. 25, Sec. 20. (SB 84) Effective June 24, 2015.)
  31. 1341.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Commissions [1340 - 1342] ( Article 3 enacted by Stats. 1943, Ch. 134. )

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    Commissions for officers commissioned by the Governor must be issued in the name of the people of the State, signed by the Governor, and attested by the Secretary of State under the Great Seal.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Commissions [1340 - 1342] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 1341. The commissions of all officers commissioned by the Governor shall be issued in the name of the people of the State. They shall be signed by the Governor and attested by the Secretary of State, under the Great Seal. (Enacted by Stats. 1943, Ch. 134.)
  32. 1342.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Commissions [1340 - 1342] ( Article 3 enacted by Stats. 1943, Ch. 134. )

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    If no special law says otherwise, commissions for other officers must be signed by either the presiding officer of the body or the person making the appointment.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Commissions [1340 - 1342] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 1342. The commissions of all other officers, where no special provision is made by law, shall be signed by the presiding officer of the body or by the person making the appointment. (Enacted by Stats. 1943, Ch. 134.)
  33. 13451.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 6. Purchase and Sale of Bonds [13451 - 13474] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1945, Ch. 112) by Stats. 1984, Ch. 193, Sec. 40. ) ## ARTICLE 1. General [13451- 13451.] ( Article 1 added by Stats. 1945, Ch. 112. )

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    The Treasurer may sell bonds, and the director may bid and buy them, but the purchase cannot be completed until the Attorney General approves the issue’s validity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 6. Purchase and Sale of Bonds [13451 - 13474] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1945, Ch. 112) by Stats. 1984, Ch. 193, Sec. 40. ) ## ARTICLE 1. General [13451- 13451.] ( Article 1 added by Stats. 1945, Ch. 112. ) ## 13451. At any sale of bonds by the Treasurer the director may become a bidder and purchase bonds with the funds at his disposal. The appropriate transfer of funds shall be made by the Controller and Treasurer on the books of their offices. No purchase of bonds shall be completed by the director until the Attorney General has approved the validity of the issue. No certified check, bond or other assurance in law shall be required from the director or the State upon a bid made by the director under this section. (Added by Stats. 1945, Ch. 112.)
  34. 13470.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 6. Purchase and Sale of Bonds [13451 - 13474] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1945, Ch. 112) by Stats. 1984, Ch. 193, Sec. 40. ) ## ARTICLE 2. State School Funds [13470 - 13474] ( Article 2 added by Stats. 1945, Ch. 112. )

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    The Director of Finance must invest most of the Unclaimed Property Fund in specified bonds when the fund reaches $20,000 or more, while keeping $10,000 uninvested.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 6. Purchase and Sale of Bonds [13451 - 13474] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1945, Ch. 112) by Stats. 1984, Ch. 193, Sec. 40. ) ## ARTICLE 2. State School Funds [13470 - 13474] ( Article 2 added by Stats. 1945, Ch. 112. ) ## 13470. Whenever there is in the treasury to the credit of the Unclaimed Property Fund the sum of twenty thousand dollars ($20,000) or more, the Director of Finance shall invest all but ten thousand dollars ($10,000) in the bonds specified in this article. No investment shall be made which will reduce the uninvested portion of the fund below the amount of ten thousand dollars ($10,000), and whenever a demand presented against the fund will reduce the amount of cash therein below ten thousand dollars ($10,000), the director shall sell such bonds belonging to the fund as he deems proper, so as to restore the cash retention of ten thousand dollars ($10,000). (Amended by Stats. 1951, Ch. 1708.)
  35. 13472.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 6. Purchase and Sale of Bonds [13451 - 13474] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1945, Ch. 112) by Stats. 1984, Ch. 193, Sec. 40. ) ## ARTICLE 2. State School Funds [13470 - 13474] ( Article 2 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    This provision allows certain school-fund investments to be made in specified bonds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 6. Purchase and Sale of Bonds [13451 - 13474] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1945, Ch. 112) by Stats. 1984, Ch. 193, Sec. 40. ) ## ARTICLE 2. State School Funds [13470 - 13474] ( Article 2 added by Stats. 1945, Ch. 112. ) ## 13472. Investments under this article may be made in bonds of this State, of the United States, or of any county, permanent road district, city, school district, metropolitan water district, or municipal utility district of this State. Investment of school land proceeds may also be made in bonds of irrigation districts of this State. (Added by Stats. 1945, Ch. 112.)
  36. 13473.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 6. Purchase and Sale of Bonds [13451 - 13474] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1945, Ch. 112) by Stats. 1984, Ch. 193, Sec. 40. ) ## ARTICLE 2. State School Funds [13470 - 13474] ( Article 2 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The director may decide the manner and terms for making investments for the fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 6. Purchase and Sale of Bonds [13451 - 13474] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1945, Ch. 112) by Stats. 1984, Ch. 193, Sec. 40. ) ## ARTICLE 2. State School Funds [13470 - 13474] ( Article 2 added by Stats. 1945, Ch. 112. ) ## 13473. The investments shall be made in such manner and on such terms as the director deems best for such fund. (Amended by Stats. 1974, Ch. 544.)
  37. 13474.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 6. Purchase and Sale of Bonds [13451 - 13474] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1945, Ch. 112) by Stats. 1984, Ch. 193, Sec. 40. ) ## ARTICLE 2. State School Funds [13470 - 13474] ( Article 2 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    Bonds purchased under this article must be delivered to the Treasurer, and the Treasurer must credit collected interest to the State School Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 6. Purchase and Sale of Bonds [13451 - 13474] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1945, Ch. 112) by Stats. 1984, Ch. 193, Sec. 40. ) ## ARTICLE 2. State School Funds [13470 - 13474] ( Article 2 added by Stats. 1945, Ch. 112. ) ## 13474. All bonds purchased under this article shall be delivered to the Treasurer, who shall credit the interest to the State School Fund, when collected. (Amended by Stats. 1974, Ch. 544.)
  38. 1360.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    An officer must take and subscribe the California constitutional oath or affirmation before starting the duties of office, unless another rule provides otherwise.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1360. Unless otherwise provided, following any election or appointment and before any officer enters on the duties of his or her office, he or she shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California. (Amended by Stats. 2017, Ch. 387, Sec. 2. (SB 205) Effective January 1, 2018.)
  39. 1362.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Unless another rule says otherwise, the oath may be taken before any officer authorized to administer oaths.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1362. Unless otherwise provided, the oath may be taken before any officer authorized to administer oaths. (Enacted by Stats. 1943, Ch. 134.)
  40. 1363.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section requires certain officers to file their oaths of office with the proper office, and it lets a county board of supervisors require a new oath after certain changes.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1363. (a) Unless otherwise provided, every oath of office certified by the officer before whom it was taken shall be filed within the time required as follows: (1) The oath of all officers whose authority is not limited to any particular county, in the office of the Secretary of State. (2) The oath of all officers elected or appointed for any county, and, except as provided in paragraph (4), of all officers whose duties are local, or whose residence in any particular county is prescribed by law, in the office of the county clerk of their respective counties. (3) Each judge of a superior court, the county clerk, the clerk of the court, the executive officer or court administrator of the superior court, and the recorder shall file a copy of that person’s official oath, signed with that person’s own proper signature, in the office of the Secretary of State as soon as that person has taken and subscribed the oath. (4) The oath of all officers for any independent special district, as defined in Section 56044, in the office of the clerk or secretary of that district. (b) In addition to filing pursuant to subdivision (a), a health officer appointed pursuant to Section 101000 or 101460 of the Health and Safety Code shall file their oath in the office of the Secretary of State. (c) (1) In its discretion, the board of supervisors of a county may require every elected or appointed officer or department head of that county who legally changes their name, delegated authority, or department, within 10 days from the date of the change, to file a new oath of office in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000)). (2) Notwithstanding any other law, including, but not limited to, Sections 1368 and 1369, failure of an elected or appointed officer or department head of a county to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime. (d) Every oath of office filed pursuant to this section with the Secretary of State shall include the expiration date of the officer’s term of office, if any. In the case of an oath of office for an appointed officer, if there is no expiration date set forth in the oath, or the officer leaves office before the expiration date, the appointing authority shall report in writing to the Secretary of State the officer’s date of departure from office. (e) The powers of an appointed officer of a county are no longer granted upon the officer’s departure from office. In its discretion, the board of supervisors of a county may require the appointing authority to rescind these powers in writing by filing a revocation in the same manner as the oath of office was filed. (Amended (as amended by Stats. 2021, Ch. 615, Sec. 136) by Stats. 2022, Ch. 124, Sec. 1. (AB 2324) Effective January 1, 2023.)
  41. 1364.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person holding a public office or position of trust cannot be removed for failing an extra qualification or test, except for civil service and retirement law requirements, if the person has taken or offered the required oath.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1364. It is unlawful to remove a person from an office or position of public trust because such person has not complied with any law, charter, or regulation prescribing an additional test or qualification for such office or position of public trust, other than tests and qualifications provided for under civil service and retirement laws, whenever such person: (a) Holds the office or position of public trust, and (b) Upon entering upon the office or position of public trust, has taken, or after his election or appointment, has offered to take the oath of office prescribed by this article. (Enacted by Stats. 1943, Ch. 134.)
  42. 1365.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person with power to remove an officer must not remove or threaten to remove the officer for refusing to impose extra qualification tests beyond the oath and applicable civil service or retirement 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1365. It is unlawful for any person having the power of removal from office of any officer to remove or threaten to remove the officer from his office because the officer, in the appointment of any person to a position of public trust under himself, refuses to require any additional test or qualification, other than the oath prescribed by this article and tests and qualifications provided for under civil service and retirement laws, as a condition of permitting the appointee to enter upon or remain in the position of public trust. (Enacted by Stats. 1943, Ch. 134.)
  43. 1366.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A removed or threatened public officer may sue to stop an unlawful removal or get restored if the removal is really بسبب failure to comply with an extra test or qualification requirement, or refusal to require one.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1366. Any officer or person who is removed or threatened with removal from any office or position of public trust may bring an action to restrain such unlawful removal or to enforce restoration by process of injunction, both prohibitory and mandatory, if the real reason for the removal or threat thereof is noncompliance with provisions requiring such additional test or qualification or the refusal to require any additional test or qualification in the appointment to a position of public trust. (Enacted by Stats. 1943, Ch. 134.)
  44. 1367.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A public agency must not pay an officer compensation or expense reimbursement unless the officer has taken and subscribed the required oath or affirmation.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1367. No compensation nor reimbursement for expenses incurred shall be paid to any officer by any public agency unless he has taken and subscribed to the oath or affirmation required by this chapter. (Added by Stats. 1953, Ch. 1250.)
  45. 1368.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person taking the required oath or affirmation must not knowingly make a false statement about a material matter.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1368. Every person who, while taking and subscribing to the oath or affirmation required by this chapter, states as true any material matter which he or she knows to be false, is guilty of perjury, and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (Amended by Stats. 2011, Ch. 15, Sec. 124. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  46. 1369.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person who has taken the required oath and is holding office must not advocate for, or join, any group that seeks to overthrow the U.S. government by force, violence, or other unlawful means.

    ## 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 2. Appointments, Nominations, Commissions, and Oaths [1300 - 1369] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Oath of Office [1360 - 1369] ( Article 4 enacted by Stats. 1943, Ch. 134. ) ## 1369. Every person having taken and subscribed to the oath or affirmation required by this chapter, who while holding office, advocates or becomes a member of any party or organization, political or otherwise, that advocates the overthrow of the government of the United States by force or violence or other unlawful means, is guilty of a felony, and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (Amended by Stats. 2011, Ch. 15, Sec. 125. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  47. 13877.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 11. Organization and Management [13877 - 13881] ( Heading of Chapter 11 amended by Stats. 1963, Ch. 1786. )

    Verify source ↗

    The department must provide consultation and coordination to state departments and agencies on organization planning, manpower and cost controls, studies, job classification application, research, and information exchange in management.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 11. Organization and Management [13877 - 13881] ( Heading of Chapter 11 amended by Stats. 1963, Ch. 1786. ) ## 13877. It shall be the function of the department to provide consultation and co-ordination to the departments and agencies of the state government with respect to organization planning and the development and application of controls over manpower and costs, as directed or requested to conduct studies in such fields, and in the field of application of classifications to jobs and positions; and to conduct research and exchange of information in the field of management. (Amended by Stats. 1963, Ch. 1786.)
  48. 13878.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 11. Organization and Management [13877 - 13881] ( Heading of Chapter 11 amended by Stats. 1963, Ch. 1786. )

    Verify source ↗

    The department must help and coordinate with heads of state departments on organization planning, and it must initiate recommendations for special studies to improve state government organization.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 11. Organization and Management [13877 - 13881] ( Heading of Chapter 11 amended by Stats. 1963, Ch. 1786. ) ## 13878. In the field of organization planning the department shall: (a) Counsel with, assist, and provide co-ordination to the heads of state departments: (1) In the development and application of principles of sound management. (2) In the development and implementation of plans of organization. (3) In the preparation of organization charts to reflect current approved organization structures. (b) Initiate recommendations for special studies to improve the pattern of organization of the state government in all its parts. (Amended by Stats. 1963, Ch. 1786.)
  49. 13879.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 11. Organization and Management [13877 - 13881] ( Heading of Chapter 11 amended by Stats. 1963, Ch. 1786. )

    Verify source ↗

    The department must help state department heads control manpower and costs, improve methods and standards, keep current employment records, report on control measures, and conduct manpower studies when directed or requested.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 11. Organization and Management [13877 - 13881] ( Heading of Chapter 11 amended by Stats. 1963, Ch. 1786. ) ## 13879. In the field of manpower and costs control, the department shall: (a) Counsel with and provide co-ordination to the heads of departments in the development and application of effective controls over manpower and administrative and operating costs. (b) Develop and foster the adoption of improved methods, procedures, and performance standards to achieve more efficient accomplishment of necessary work and more effective utilization of manpower. (c) Counsel with and provide co-ordination to the heads of departments in the design of job and position content to ensure that they are consistent with productivity and relative importance to the state government. (d) Maintain authoritative current records of actual employment of approved manpower allowables or manning tables for each state agency and in such form that they may be compared and reconciled with manpower allowables. (e) At appropriate intervals, report on the effectiveness of manpower and cost control measures by each state agency. (f) As directed or requested, conducts studies of the manpower of departments and agencies of the state government, or of any of their components, as a basis for recommending improved manpower utilization, methods, procedures, and performance standards, the elimination of unnecessary or duplicative work and wasteful practices, and the adjustment of the work force to the established workload. (Amended by Stats. 1963, Ch. 1786.)
  50. 13880.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 11. Organization and Management [13877 - 13881] ( Heading of Chapter 11 amended by Stats. 1963, Ch. 1786. )

    Verify source ↗

    The department must, in organization research, coordinate with department heads and conduct or initiate studies and information exchanges on management subjects.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 11. Organization and Management [13877 - 13881] ( Heading of Chapter 11 amended by Stats. 1963, Ch. 1786. ) ## 13880. In the field of organization research, the department shall: (a) Counsel with and provide co-ordination to the heads of departments on the internal exchange of information and experience regarding management, organization, manpower, and cost control problems and their solution. (b) Initiate or, as requested, conduct studies and exchanges of information with other governmental agencies, with industry, and with professional and educational institutions regarding management subjects, publishing or circulating the results, as appropriate, for the benefit of all or selected segments of the state government. (Amended by Stats. 1963, Ch. 1786.)
  51. 13881.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 11. Organization and Management [13877 - 13881] ( Heading of Chapter 11 amended by Stats. 1963, Ch. 1786. )

    Verify source ↗

    The department may carry out several kinds of relationships, exchanges, correspondence, and memberships with government, business, industry, educational, and professional groups to support its functions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3. DEPARTMENT OF FINANCE [13000 - 13881] ( Part 3 added by Stats. 1945, Ch. 112. ) ## CHAPTER 11. Organization and Management [13877 - 13881] ( Heading of Chapter 11 amended by Stats. 1963, Ch. 1786. ) ## 13881. The department may: (a) Conduct such relationships with agencies of the governments of municipalities, counties, other states, and the United States as are appropriate in the discharge of its functions. (b) Conduct exchanges of management information and experience with appropriate governmental agencies. (c) Co-ordinate its efforts with and seek the counsel of the various agencies within the state government concerned with budget analysis to obtain their views on methods of reducing budgets and costs. (d) Conduct such relationships with business, industry, and educational institutions as are appropriate in the discharge of its functions. (e) Conduct correspondence and exchanges of information with, and maintain memberships in appropriate professional and business organizations to keep abreast of the latest and best management thought and practice. (f) Maintain direct contact with and seek the counsel and support of special boards, commissions, or committees from business and industry created to foster the economical use of labor, materials, and money in government. (Amended by Stats. 1963, Ch. 1786.)
  52. 13885.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3.5. INTERNAL AUDITS [13885 - 13888] ( Part 3.5 added by Stats. 2006, Ch. 452, Sec. 4. )

    Verify source ↗

    The Legislature says internal audit activity is important for public accountability and governance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3.5. INTERNAL AUDITS [13885 - 13888] ( Part 3.5 added by Stats. 2006, Ch. 452, Sec. 4. ) ## 13885. The Legislature finds and declares as follows: (a) Recent corporate scandals and federal legislation, such as the Sarbanes-Oxley Act of 2002 (P.L. 107-204), focus attention on the importance of internal audit activity to public accountability and governance. (b) Ensuring the independence of internal auditors of state agencies and that their findings are reported to the appropriate levels of government is critical to safeguarding public funds and the public trust. (Added by Stats. 2006, Ch. 452, Sec. 4. Effective January 1, 2007.)
  53. 13886.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3.5. INTERNAL AUDITS [13885 - 13888] ( Part 3.5 added by Stats. 2006, Ch. 452, Sec. 4. )

    Verify source ↗

    A governing body overseeing a state agency that performs or reviews internal audits must establish an audit committee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3.5. INTERNAL AUDITS [13885 - 13888] ( Part 3.5 added by Stats. 2006, Ch. 452, Sec. 4. ) ## 13886. (a) Any governing body that oversees a state agency that performs or reviews internal audits shall establish an audit committee that generally meets the frameworks recommended by the American Institute of Certified Public Accountants, as set forth in the publication entitled “AICPA Audit Committee Toolkit: Government Organizations.” (b) For purposes of this chapter, “governing body” means a board, commission, board of trustees, council, or other similar body that oversees a state agency. (Added by Stats. 2006, Ch. 452, Sec. 4. Effective January 1, 2007.)
  54. 13886.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3.5. INTERNAL AUDITS [13885 - 13888] ( Part 3.5 added by Stats. 2006, Ch. 452, Sec. 4. )

    Verify source ↗

    Certain California officials and state agencies with internal audit functions must conduct internal audit activity using specified auditing standards.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3.5. INTERNAL AUDITS [13885 - 13888] ( Part 3.5 added by Stats. 2006, Ch. 452, Sec. 4. ) ## 13886.5. (a) The Controller, the Director of Finance, and the respective staffs thereof, and all state agencies that have their own internal auditors or that conduct internal audits or internal audit activities, shall conduct internal audit activity under the general and specified standards of internal auditing prescribed by the Institute of Internal Auditors or the Government Auditing Standards issued by the Comptroller General of the United States, as appropriate. (b) Nothing in this article is intended to limit the rights or obligations of internal auditors to conduct internal audits and audit activities in accordance with other laws and regulations that may apply to a particular entity. (Added by Stats. 2006, Ch. 452, Sec. 4. Effective January 1, 2007.)
  55. 13887.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3.5. INTERNAL AUDITS [13885 - 13888] ( Part 3.5 added by Stats. 2006, Ch. 452, Sec. 4. )

    Verify source ↗

    Internal audit operations for certain California state agencies must be set up to preserve independence and objectivity, with specific reporting and accountability lines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3.5. INTERNAL AUDITS [13885 - 13888] ( Part 3.5 added by Stats. 2006, Ch. 452, Sec. 4. ) ## 13887. (a) In order to achieve independence and objectivity pursuant to Section 13886, for any state agency that does not report to a governing body, the internal auditor operations shall meet all of the following requirements: (1) The chief internal auditor shall be accountable to the head or deputy head of the state agency. (2) The chief internal auditor shall report audit findings and recommendations made under his or her jurisdiction to the head or deputy head of the state agency and to the general counsel to the state agency, if applicable. (3) The operations shall be organizationally outside the staff or line management function of the unit under audit. (b) In order to achieve independence and objectivity as required by the standards identified in Section 13886, for any state agency that is overseen by a governing body, the internal audit operations shall meet all of the following requirements: (1) The chief internal auditor shall be accountable to the audit committee of the governing body. (2) The chief internal auditor shall report audit findings and recommendations made under his or her jurisdiction to the audit committee and the general counsel to the governing body. (3) The operations shall be organizationally outside the staff or line management function of the unit under audit. (Added by Stats. 2006, Ch. 452, Sec. 4. Effective January 1, 2007.)
  56. 13887.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3.5. INTERNAL AUDITS [13885 - 13888] ( Part 3.5 added by Stats. 2006, Ch. 452, Sec. 4. )

    Verify source ↗

    A chief internal auditor must escalate unresolved audit-risk concerns through management and, in some cases, to legislative and state audit authorities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3.5. INTERNAL AUDITS [13885 - 13888] ( Part 3.5 added by Stats. 2006, Ch. 452, Sec. 4. ) ## 13887.5. (a) When the chief internal auditor of a state agency believes that senior management in the state agency has accepted a level of residual risk that may be unacceptable to the organization or that senior management has otherwise not taken appropriate action in response to a finding or recommendation by its internal auditors, the chief internal auditor shall discuss the matter with senior management and the general counsel to the state agency. If that decision regarding residual risk or the need for appropriate action in response to an audit finding or recommendation, or both, does not resolve the issue, the chief internal auditor and general counsel shall jointly report the matter to the next highest level of management as pertains to the state agency, including, but not limited to, the chair of the governing body overseeing the state agency, the agency secretary, the Governor’s office, or the appropriate constitutional officer. (b) If the decision regarding residual risk or the need for appropriate action in response to an audit finding or recommendation that could have a significant impact on the state’s fiscal operations, the performance of a significant government program, or the delivery of a significant government service, or other similar significant or critical government services, as determined by the chief internal auditor, is still not resolved after making the disclosures required pursuant to subdivision (a), the chief internal auditor shall report the matter to the Joint Legislative Audit Committee and the State Auditor. At the direction of the Joint Legislative Audit Committee, the State Auditor shall investigate a disclosure made pursuant to subdivision (b) and report the results of the investigation in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1. The disclosure requirements of this subdivision shall not apply to any chief internal auditor who reports and makes disclosures to an audit committee, as described in subdivision (b) of Section 13887. (c) Any chief internal auditor who makes a disclosure pursuant to this section shall receive all protection available under the California Whistleblower Protection Act (Article 3 (commencing with Section 8547) of Chapter 6.5 of Division 1). (Added by Stats. 2006, Ch. 452, Sec. 4. Effective January 1, 2007.)
  57. 13888.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3.5. INTERNAL AUDITS [13885 - 13888] ( Part 3.5 added by Stats. 2006, Ch. 452, Sec. 4. )

    Verify source ↗

    An internal auditor at a state agency may report good-faith concerns about interference or pressure to the State Auditor, who may investigate and must report substantiated findings. Reporting internal auditors receive whistleblower protection.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 3.5. INTERNAL AUDITS [13885 - 13888] ( Part 3.5 added by Stats. 2006, Ch. 452, Sec. 4. ) ## 13888. (a) If an internal auditor employed by a state agency has a good faith belief that the agency management is interfering with the internal auditor’s or auditors’ ability to comply with the provisions of this part, that the internal auditor or auditors are under pressure to modify or limit findings or recommendations, or that senior management is not taking appropriate action in response to an audit finding or recommendation, the internal auditor may report the information supporting that good faith belief to the State Auditor. (b) The State Auditor may investigate any report made pursuant to subdivision (a) and if the allegations are substantiated, shall report his or her findings pursuant to Chapter 6.5 (commencing with Section 8545) of Division 1. (c) Any internal auditor making a report pursuant to this section shall receive all protection available under the California Whistleblower Protection Act (Article 3 (commencing with Section 8547) of Chapter 6.5 of Division 1). (Added by Stats. 2006, Ch. 452, Sec. 4. Effective January 1, 2007.)
  58. 13900.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    This section defines “board” as the California Victim Compensation Board and says the older term “California Victim Compensation and Government Claims Board” should be read to mean the same thing, except where Section 14659.01 applies or context requires otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## 13900. (a) As used in this chapter, “board” means the California Victim Compensation Board. (b) Except as provided by Section 14659.01, whenever the term “California Victim Compensation and Government Claims Board” appears in any statute, regulation, contract, or any other code, it shall be construed to refer to the California Victim Compensation Board, unless the context clearly requires otherwise. (Amended by Stats. 2016, Ch. 31, Sec. 103. (SB 836) Effective June 27, 2016.)
  59. 13901.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The California Victim Compensation Board is established within the Government Operations Agency, and its membership is specified.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## 13901. (a) There is within the Government Operations Agency the California Victim Compensation Board. (b) The board consists of the Secretary of Government Operations or his or her designee and the Controller, both acting ex officio, and a third member who shall be appointed by and serve at the pleasure of the Governor. The third member may be a state officer who shall act ex officio. (Amended by Stats. 2016, Ch. 31, Sec. 104. (SB 836) Effective June 27, 2016.)
  60. 13902.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The third member receives $50 per day for actual attendance at board meetings, up to eight meetings per month, plus necessary travel expenses, if the member is not serving as a state officer ex officio.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## 13902. (a) If the third member is not a state officer acting ex officio, the member shall receive fifty dollars ($50) for every day of actual attendance at meetings of the board not in excess of eight meetings per month, together with necessary traveling expenses in attending these meetings. (b) This section shall become operative on January 1, 1990. (Repealed (in Sec. 1) and added by Stats. 1985, Ch. 1130, Sec. 2. Section operative January 1, 1990, by its own provisions.)
  61. 13903.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The Secretary of Government Operations must serve as chair of the board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## 13903. The Secretary of Government Operations shall serve as chair of the board. (Amended by Stats. 2013, Ch. 352, Sec. 248. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  62. 13904.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The board must keep a record of its proceedings, and any member may have a dissenting view entered in that record.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## 13904. The board shall keep a record of all its proceedings and any member may cause his dissent to the action of the majority upon any matter to be entered upon such record. (Added by Stats. 1945, Ch. 112.)
  63. 13905.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The board must have an official seal with the stated inscription, and the seal must be affixed to writs, authenticated copies of records, and any other instruments the board directs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## 13905. The board shall have a seal, bearing the following inscription: “California Victim Compensation Board.” The seal shall be fixed to all writs and authentications of copies of records and to other instruments that the board directs. (Amended by Stats. 2016, Ch. 31, Sec. 105. (SB 836) Effective June 27, 2016.)
  64. 13906.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    A majority of the board is enough to form a quorum for board business, duties, or powers, and a vacancy does not stop the remaining members from using the board’s powers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## 13906. A majority of the board constitutes a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the board. A vacancy in the board does not impair the right of the remaining members to exercise all the powers of the board. (Added by Stats. 1945, Ch. 112.)
  65. 13907.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    A majority of the board, when meeting as a board, counts as the board’s act. The board may also let any designated member conduct investigations, inquiries, or hearings the board has power to undertake or hold.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## 13907. The act of a majority of the board when in session as a board is the act of the board; but any investigation, inquiry, or hearing which the board has power to undertake or to hold may be undertaken or held by or before any member designated for the purpose by the board. (Added by Stats. 1945, Ch. 112.)
  66. 13908.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    A designated member or examiner may take evidence in an investigation, inquiry, or hearing. Findings, opinions, and orders made by a designated member become the board’s findings, opinions, and orders if the board approves or confirms them and they are filed in the board’s office at the State Capitol in Sacramento.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## 13908. The evidence in any investigation, inquiry, or hearing may be taken by the member to whom the investigation, inquiry, or hearing has been assigned or, in his or their behalf, by an examiner designated for that purpose. Every finding, opinion, and order made by a member so designated, pursuant to investigation, inquiry, or hearing, when approved or confirmed by the board and ordered filed in its office at the State Capitol, Sacramento, is the finding, opinion, and order of the board. (Added by Stats. 1945, Ch. 112.)
  67. 13909.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The board must appoint an executive officer and may hire needed personnel. The executive officer must carry out duties delegated by the board, and the board may delegate statutory powers by a properly adopted board order.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## 13909. (a) The board shall appoint an executive officer who shall hold office at its pleasure. It may also employ those personnel, including examiners, as it deems necessary for the performance of its duties. (b) The executive officer shall execute those duties and responsibilities as may be delegated by the board. The board may, except as otherwise provided in this section, delegate any statutory power of the board to the executive officer, or any examiner, employee, or committee as the board may designate, by means of a board order that is adopted by a majority of all of the board’s members and that prescribes the limits of the delegation. (Amended by Stats. 2016, Ch. 31, Sec. 106. (SB 836) Effective June 27, 2016.)
  68. 13910.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    The executive officer or a designee must keep the board’s records, issue necessary process and notices, and do other duties the board assigns. The executive officer and deputy executive officers, or their designees, may also administer oaths, certify official acts, and issue subpoenas in state inquiries and proceedings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## 13910. The executive officer, or his or her designee, shall keep a full and true record of all proceedings of the board, issue all necessary process, writs, warrants, and notices, and perform those other duties as the board prescribes. The executive officer and the deputy executive officers, or their designees may administer oaths, certify to all official acts, and issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and testimony in any inquiry, investigation, hearing, or proceeding in any part of the state. (Amended by Stats. 1994, Ch. 726, Sec. 9. Effective September 22, 1994.)
  69. 13911.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. )

    Verify source ↗

    Examiners may administer oaths, question witnesses, issue subpenas, and receive evidence, subject to rules and regulations adopted by the board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## 13911. The examiners may administer oaths, examine witnesses, issue subpenas, and receive evidence, under such rules and regulations as the board may adopt. (Added by Stats. 1945, Ch. 112.)
  70. 13915.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. )

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    The board must hold regular meetings in Sacramento and may hold other meetings anywhere in the state as a majority directs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## 13915. The board shall hold regular meetings in Sacramento and may hold other meetings at the times and places within the state as a majority of the board directs. At any meeting the board may transact any business and perform all duties imposed upon it. (Amended by Stats. 2002, Ch. 1124, Sec. 15. Effective September 30, 2002.)
  71. 13920.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. )

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    The board may adopt regulations for matters within its jurisdiction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 1. General [13900 - 13920] ( Chapter 1 added by Stats. 1945, Ch. 112. ) ## 13920. The board may adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 governing any matter over which it has jurisdiction. (Added by Stats. 2018, Ch. 37, Sec. 25. (AB 1817) Effective June 27, 2018.)
  72. 13950.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 1. General Provisions [13950 - 13951] ( Article 1 added by Stats. 2002, Ch. 1141, Sec. 2. )

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    This section says the chapter governs the procedure for crime victims to obtain compensation from the Restitution Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 1. General Provisions [13950 - 13951] ( Article 1 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13950. (a) The Legislature finds and declares that it is in the public interest to assist residents of the State of California in obtaining compensation for the pecuniary losses they suffer as a direct result of criminal acts. (b) This chapter shall govern the procedure by which crime victims may obtain compensation from the Restitution Fund. (c) Any reference in statute or regulations to Article 1 (commencing with Section 13959) of Chapter 5, as it read on December 31, 2002, shall be construed to refer to this chapter. (Added by Stats. 2002, Ch. 1141, Sec. 2. Effective January 1, 2003.)
  73. 13951.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 1. General Provisions [13950 - 13951] ( Article 1 added by Stats. 2002, Ch. 1141, Sec. 2. )

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    This section defines key terms used in the chapter on victim compensation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 1. General Provisions [13950 - 13951] ( Article 1 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13951. As used in this chapter, the following definitions shall apply: (a) “Board” means the California Victim Compensation Board. (b) (1) “Crime” means a crime or public offense, wherever it may take place, that would constitute a misdemeanor or a felony if the crime had been committed in California by a competent adult. (2) “Crime” includes an act of terrorism, as defined in Section 2331 of Title 18 of the United States Code, committed against a resident of the state, whether or not the act occurs within the state. (c) “Derivative victim” means an individual who sustains pecuniary loss as a result of injury or death to a victim. (d) “Law enforcement” means every district attorney, municipal police department, sheriff’s department, district attorney’s office, county probation department, and social services agency, the Department of Justice, the Department of Corrections, the Department of the Youth Authority, the Department of the California Highway Patrol, the police department of any campus of the University of California, California State University, or community college, and every agency of the State of California expressly authorized by statute to investigate or prosecute law violators. (e) “Pecuniary loss” means an economic loss or expense resulting from an injury or death to a victim of crime that has not been and will not be reimbursed from any other source. (f) “Peer counseling” means counseling offered by a provider of mental health counseling services who has completed a specialized course in rape crisis counseling skills development, participates in continuing education in rape crisis counseling skills development, and provides rape crisis counseling within the State of California. (g) “Victim” means an individual who sustains injury or death as a direct result of a crime as specified in subdivision (e) of Section 13955. (h) “Victim center” means a victim and witness assistance center that receives funds pursuant to Section 13835.2 of the Penal Code. (Amended by Stats. 2016, Ch. 31, Sec. 118. (SB 836) Effective June 27, 2016.)
  74. 13952.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 2. Applications for Compensation [13952 - 13954] ( Article 2 added by Stats. 2002, Ch. 1141, Sec. 2. )

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    Applications for compensation must be filed with the board, verified under penalty of perjury, and may need extra information if the board says the application is incomplete.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 2. Applications for Compensation [13952 - 13954] ( Article 2 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13952. (a) An application for compensation shall be filed with the board in the manner determined by the board. (b) (1) The application for compensation shall be verified under penalty of perjury by the individual who is seeking compensation, who may be the victim or derivative victim, or an individual seeking reimbursement for burial, funeral, or crime scene cleanup expenses pursuant to subdivision (a) of Section 13957. If the individual seeking compensation is a minor or is incompetent, the application shall be verified under penalty of perjury or on information and belief by the parent with legal custody, guardian, conservator, or relative caregiver of the victim or derivative victim for whom the application is made. However, if a minor seeks compensation only for expenses for medical, medical-related, psychiatric, psychological, or other mental health counseling-related services and the minor is authorized by statute to consent to those services, the minor may verify the application for compensation under penalty of perjury. (2) For purposes of this subdivision, “relative caregiver” means a relative as defined in paragraph (2) of subdivision (h) of Section 6550 of the Family Code, who assumed primary responsibility for the child while the child was in the relative’s care and control, and who is not a biological or adoptive parent. (c) (1) The board may require submission of additional information supporting the application that is reasonably necessary to verify the application and determine eligibility for compensation. (2) The staff of the board shall determine whether an application for compensation contains all of the information required by the board. If the staff determines that an application does not contain all of the required information, the staff shall communicate that determination to the applicant with a brief statement of the additional information required. The applicant, within 30 calendar days of being notified that the application is incomplete, may either supply the additional information or appeal the staff’s determination to the board, which shall review the application to determine whether it is complete. (3) The board shall not require an applicant to submit documentation from the Internal Revenue Service, the Franchise Tax Board, the State Board of Equalization, the Social Security Administration, or the Employment Development Department to determine eligibility for compensation. The board may require and use documentation from these entities to verify the amount of compensation for income or support loss. (d) (1) The board may recognize an authorized representative of the victim or derivative victim, who shall represent the victim or derivative victim pursuant to rules adopted by the board. (2) For purposes of this subdivision, “authorized representative” means any of the following: (A) Any person who has written authorization by the victim or derivative victim. However, a medical or mental health provider, or agent of the medical or mental health provider, who has provided services to the victim or derivative victim shall not be allowed to be an authorized representative. (B) Any person designated by law including, but not limited to, a legal guardian, conservator, or social worker. (3) Except for attorney’s fees awarded under this chapter, no authorized representative described in paragraph (2) shall charge, demand, receive, or collect any amount for services rendered under this subdivision. (4) The initial application materials sent by the board to an applicant shall be written in English, Spanish, Chinese, Vietnamese, Korean, East Armenian, Tagalog, Russian, Arabic, Farsi, Hmong, Khmer, Punjabi, and Lao. If the applicant selects one of the languages listed in this subdivision, the board shall send all subsequent communications in that language. (Amended by Stats. 2015, Ch. 569, Sec. 1. (AB 1140) Effective January 1, 2016.)
  75. 13952.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 2. Applications for Compensation [13952 - 13954] ( Article 2 added by Stats. 2002, Ch. 1141, Sec. 2. )

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    The board may issue emergency awards to eligible victims or derivative victims, must set the request process, notify applicants in writing if denied, and pay emergency-award funds within 30 calendar days of application.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 2. Applications for Compensation [13952 - 13954] ( Article 2 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13952.5. (a) An emergency award shall be available to a person eligible for compensation pursuant to this chapter if the board determines that such an award is necessary to avoid or mitigate substantial hardship that may result from delaying compensation until complete and final consideration of an application. (b) The board shall establish the method for requesting an emergency award, which may include, but need not be limited to, requiring submission of the regular application as provided for in Section 13952. (c) (1) The board may grant an emergency award based solely on the application of the victim or derivative victim. The board may refuse to grant an emergency award where it has reason to believe that the applicant will not be eligible for compensation under this chapter. (2) By mutual agreement between the staff of the board and the applicant or the applicant’s representative, the staff of the board may take additional 10-day periods to verify the emergency award claim and make payment. (3) The board may delegate authority to designated staff persons and designated agencies, including, but not limited to, district attorneys, probation departments, victim centers, and other victim service providers approved by the board and under contract with the board, who shall use guidelines established by the board, to grant and disburse emergency awards. (d) Disbursements of funds for emergency awards shall be made within 30 calendar days of application. (e) (1) If an application for an emergency award is denied, the board shall notify the applicant in writing of the reasons for the denial. (2) An applicant for an emergency award shall not be entitled to a hearing before the board to contest a denial of an emergency award. However, denial of an emergency award shall not prevent further consideration of the application for a regular award and shall not affect the applicant’s right to a hearing pursuant to Section 13959 if staff recommends denial of a regular award. (f) (1) If upon final disposition of the regular application, it is found that the applicant is not eligible for compensation from the board, the applicant shall reimburse the board for the emergency award pursuant to an agreed-upon repayment schedule. (2) If upon a final disposition of the application, the board grants compensation to the applicant, the amount of the emergency award shall be deducted from the final award of compensation. If the amount of the compensation is less than the amount of the emergency award, the excess amount shall be treated as an overpayment pursuant to Section 13965. (3) “Final disposition,” for the purposes of this section, shall mean the final decision of the board with respect to the victim’s or derivative victim’s application, before any action for judicial review is instituted. (g) The amount of an emergency award shall be dependent upon the immediate needs of the victim or derivative victim subject to rates and limitations established by the board. (Added by Stats. 2002, Ch. 1141, Sec. 2. Effective January 1, 2003.)
  76. 13953.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 2. Applications for Compensation [13952 - 13954] ( Article 2 added by Stats. 2002, Ch. 1141, Sec. 2. )

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    An application for compensation must be filed within the latest of three seven-year periods, but the board may extend that deadline for good cause.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 2. Applications for Compensation [13952 - 13954] ( Article 2 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13953. (a) An application for compensation shall be filed within seven years of the date of the crime, seven years after the victim attains 21 years of age, or seven years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered that an injury or death had been sustained as a direct result of crime, whichever is later. (b) The board may for good cause grant an extension of the time period in subdivision (a). In making this determination, the board shall consider both of the following: (1) Whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime. (2) Whether the victim or derivative victim incurs emotional harm or a pecuniary loss when the person convicted of the crime is scheduled for a parole hearing or released from incarceration. (c) The period prescribed in this section for filing an application by or on behalf of a derivative victim shall be tolled when the board accepts the application filed by a victim of the same qualifying crime. (Amended by Stats. 2019, Ch. 592, Sec. 1. (SB 375) Effective January 1, 2020.)
  77. 13954.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 2. Applications for Compensation [13952 - 13954] ( Article 2 added by Stats. 2002, Ch. 1141, Sec. 2. )

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    This section requires the board and multiple agencies to exchange verification information for victim compensation applications, sets confidentiality limits, and gives the board limited discretion to reject noncooperative applications.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 2. Applications for Compensation [13952 - 13954] ( Article 2 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13954. (a) The board shall verify with hospitals, physicians, law enforcement officials, or other interested parties involved, the treatment of the victim or derivative victim, circumstances of the crime, amounts paid or received by or for the victim or derivative victim, and any other pertinent information deemed necessary by the board. Verification information shall be returned to the board within 10 business days after a request for verification has been made by the board. Verification information shall be provided at no cost to the applicant, the board, or victim centers. When requesting verification information, the board shall certify that a signed authorization by the applicant is retained in the applicant’s file and that this certification constitutes actual authorization for the release of information, notwithstanding any other provision of law. If requested by a physician or mental health provider, the board shall provide a copy of the signed authorization for the release of information. (b) (1) The applicant shall cooperate with the staff of the board or the victim center in the verification of the information contained in the application. Failure to cooperate shall be reported to the board, which, in its discretion, may reject the application solely on this ground. (2) An applicant may be found to have failed to cooperate with the board if any of the following occur: (A) The applicant has information, or there is information that he or she may reasonably obtain, that is needed to process the application or supplemental claim, and the applicant failed to provide the information after being requested to do so by the board. The board shall take the applicant’s economic, psychosocial, and postcrime traumatic circumstances into consideration, and shall not unreasonably reject an application solely for failure to provide information. (B) The applicant provided, or caused another to provide, false information regarding the application or supplemental claim. (C) The applicant refused to apply for other benefits potentially available to him or her from other sources besides the board including, but not limited to, worker’s compensation, state disability insurance, social security benefits, and unemployment insurance. (D) The applicant threatened violence or bodily harm to a member of the board or staff. (c) The board may contract with victim centers to provide verification of applications processed by the centers pursuant to conditions stated in subdivision (a). The board and its staff shall cooperate with the Office of Criminal Justice Planning and victim centers in conducting training sessions for center personnel and shall cooperate in the development of standardized verification procedures to be used by the victim centers in the state. The board and its staff shall cooperate with victim centers in disseminating standardized board policies and findings as they relate to the centers. (d) (1) Notwithstanding Section 827 of the Welfare and Institutions Code or any other provision of law, every law enforcement and social service agency in the state shall provide to the board or to victim centers that have contracts with the board pursuant to subdivision (c), upon request, a complete copy of the law enforcement report and any supplemental reports involving the crime or incident giving rise to a claim, a copy of a petition filed in a juvenile court proceeding, reports of the probation officer, and any other document made available to the probation officer or to the judge, referee, or other hearing officer, for the specific purpose of determining the eligibility of a claim filed pursuant to this chapter. (2) The board and victim centers receiving records pursuant to this subdivision may not disclose a document that personally identifies a minor to anyone other than the minor who is so identified, his or her custodial parent or guardian, the attorneys for those parties, and any other persons that may be designated by court order. Any information received pursuant to this section shall be received in confidence for the limited purpose for which it was provided and may not be further disseminated. A violation of this subdivision is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500). (3) The law enforcement agency supplying information pursuant to this section may withhold the names of witnesses or informants from the board, if the release of those names would be detrimental to the parties or to an investigation in progress. (e) Notwithstanding any other provision of law, every state agency, upon receipt of a copy of a release signed in accordance with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) by the applicant or other authorized representative, shall provide to the board or victim center the information necessary to complete the verification of an application filed pursuant to this chapter. (f) The Department of Justice shall furnish, upon application of the board, all information necessary to verify the eligibility of any applicant for benefits pursuant to subdivision (c) of Section 13956, to recover any restitution fine or order obligations that are owed to the Restitution Fund or to any victim of crime, or to evaluate the status of any criminal disposition. (g) A privilege is not waived under Section 912 of the Evidence Code by an applicant consenting to disclosure of an otherwise privileged communication if that disclosure is deemed necessary by the board for verification of the application. (h) Any verification conducted pursuant to this section shall be subject to the time limits specified in Section 13958. (i) Any county social worker acting as the applicant for a child victim or elder abuse victim shall not be required to provide personal identification, including, but not limited to, the applicant’s date of birth or social security number. County social workers acting in this capacity shall not be required to sign a promise of repayment to the board. (Amended by Stats. 2015, Ch. 569, Sec. 2. (AB 1140) Effective January 1, 2016.)
  78. 13955.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 3. Eligibility for Compensation [13955 - 13956] ( Article 3 added by Stats. 2002, Ch. 1141, Sec. 2. )

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    A person is eligible for compensation only if the section’s listed conditions are met and Section 13956 does not apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 3. Eligibility for Compensation [13955 - 13956] ( Article 3 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13955. Except as provided in Section 13956, a person shall be eligible for compensation when all of the following requirements are met: (a) The person for whom compensation is being sought is any of the following: (1) A victim. (2) A derivative victim. (3) (A) A person who is entitled to reimbursement for funeral, burial, or crime scene cleanup expenses pursuant to paragraph (9) or (10) of subdivision (a) of Section 13957. (B) This paragraph applies without respect to any felon status of the victim. (b) Either of the following conditions is met: (1) The crime occurred in California. This paragraph shall apply only during those time periods during which the board determines that federal funds are available to the state for the compensation of victims of crime. (2) Whether or not the crime occurred in California, the victim was any of the following: (A) A resident of California. (B) A member of the military stationed in California. (C) A family member living with a member of the military stationed in California. (c) If compensation is being sought for a derivative victim, the derivative victim is a resident of California, or any other state, who is any of the following: (1) At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim. (2) At the time of the crime was living in the household of the victim. (3) At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in paragraph (1). (4) Is another family member of the victim, including, but not limited to, the victim’s fiancé or fiancée, and who witnessed the crime. (5) Is the primary caretaker of a minor victim, but was not the primary caretaker at the time of the crime. (d) The application is timely pursuant to Section 13953. (e) (1) Except as provided in paragraph (2), the injury or death was a direct result of a crime. (2) Notwithstanding paragraph (1), no act involving the operation of a motor vehicle, aircraft, or water vehicle that results in injury or death constitutes a crime for the purposes of this chapter, except when the injury or death from such an act was any of the following: (A) Intentionally inflicted through the use of a motor vehicle, aircraft, or water vehicle. (B) Caused by a driver who fails to stop at the scene of an accident in violation of Section 20001 of the Vehicle Code. (C) Caused by a person who is under the influence of any alcoholic beverage or drug. (D) Caused by a driver of a motor vehicle in the immediate act of fleeing the scene of a crime in which they knowingly and willingly participated. (E) Caused by a person who commits vehicular manslaughter in violation of subdivision (b) of Section 191.5, subdivision (c) of Section 192, or Section 192.5 of the Penal Code. (F) Caused by any party where a peace officer is operating a motor vehicle in an effort to apprehend a suspect, and the suspect is evading, fleeing, or otherwise attempting to elude the peace officer. (f) As a direct result of the crime, the victim or derivative victim sustained one or more of the following: (1) Physical injury. The board may presume a child who has been the witness of a crime of domestic violence has sustained physical injury. A child who resides in a home where a crime or crimes of domestic violence have occurred may be presumed by the board to have sustained physical injury, regardless of whether the child has witnessed the crime. (2) Emotional injury and a threat of physical injury. (3) Emotional injury, where the crime was a violation of any of the following provisions: (A) Section 236.1, 261, former Section 262, 271, 273a, 273d, 285, 286, 287, 288, former Section 288a, Section 288.5, 289, or 653.2 of, or subdivision (b) or (c) of Section 311.4 of, the Penal Code. (B) Felony violations of subdivision (a) of Section 187 of, Section 203, 206, 207, 209, 209.5, 210, 220, 264.1, 269, 288.7, or 646.9 of, or any crime punishable pursuant to Section 667.61 or 667.71 of, or attempted violations of Section 187 of, the Penal Code. (C) Section 270 of the Penal Code, where the emotional injury was a result of conduct other than a failure to pay child support, and criminal charges were filed. (D) Section 261.5 of the Penal Code, and criminal charges were filed. (E) Section 278 or 278.5 of the Penal Code, and criminal charges were filed. For purposes of this paragraph, the child, and not the nonoffending parent or other caretaker, shall be deemed the victim. (4) Injury to, or the death of, a guide, signal, or service dog, as defined in Section 54.1 of the Civil Code, as a result of a violation of Section 600.2 or 600.5 of the Penal Code. (5) Emotional injury to a victim who is a minor incurred as a direct result of the nonconsensual distribution of pictures or video of sexual conduct in which the minor appears. (g) The injury or death has resulted or may result in pecuniary loss within the scope of compensation pursuant to Sections 13957 to 13957.7, inclusive. (Amended by Stats. 2023, Ch. 512, Sec. 1. (AB 56) Effective January 1, 2024.)
  79. 13957.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 4. Scope of Compensation [13957 - 13958] ( Article 4 added by Stats. 2002, Ch. 1141, Sec. 2. )

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    The board may set reimbursement rates and service limits for certain victim-compensation medical and counseling services, and providers must accept those rates as payment in full.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 4. Scope of Compensation [13957 - 13958] ( Article 4 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13957.2. (a) The board may establish maximum rates and service limitations for reimbursement of medical and medical-related services and for mental health and counseling services. The adoption, amendment, and repeal of these service limitations and maximum rates shall not be subject to the rulemaking provision of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1). An informational copy of the service limitations and maximum rates shall be filed with the Secretary of State upon adoption by the board. Any reduction in the maximum rates or service limitations shall not affect payment or reimbursement of losses incurred prior to three months after the adoption of the reduction. A provider who accepts payment from the program for a service shall accept the program’s rates as payment in full and shall not accept any payment on account of the service from any other source if the total of payments accepted would exceed the maximum rate set by the board for that service. A provider shall not charge a victim or derivative victim for any difference between the cost of a service provided to a victim or derivative victim and the program’s payment for that service. To ensure service limitations that are uniform and appropriate to the levels of treatment required by the victim or derivative victim, the board may review all claims for these services as necessary to ensure their medical necessity. (b) The board may request an independent examination and report from any provider of medical or medical-related services or psychological or psychiatric treatment or mental health counseling services, if it believes there is a reasonable basis for requesting an additional evaluation. The victim or derivative victim shall be notified of the name of the provider who is to perform the evaluation within 30 calendar days of that determination. In cases where the crime involves sexual assault, the provider shall have expertise in the needs of sexual assault victims. In cases where the crime involves child abuse or molestation, the provider shall have expertise in the needs of victims of child abuse or molestation, as appropriate. When a reevaluation is requested, payments shall not be discontinued prior to completion of the reevaluation. (c) Reimbursement for any medical, medical-related, or mental health services shall, if the application has been approved, be paid by the board within an average of 90 days from receipt of the claim for payment. Payments to a medical or mental health provider may not be discontinued prior to completion of any reevaluation. Whether or not a reevaluation is obtained, if the board determines that payments to a provider will be discontinued, the board shall notify the provider of their discontinuance within 30 calendar days of its determination. (Amended by Stats. 2012, Ch. 870, Sec. 5. (SB 1299) Effective January 1, 2013.)
  80. 13957.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 4. Scope of Compensation [13957 - 13958] ( Article 4 added by Stats. 2002, Ch. 1141, Sec. 2. )

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    The board must follow timing, payment, and cap rules for victim compensation claims, including limits on late reimbursements, counseling payments, attorney’s fees, and reimbursement for nonprofit services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 4. Scope of Compensation [13957 - 13958] ( Article 4 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13957.7. (a) No reimbursement may be made for any expense that is submitted more than three years after it is incurred by the victim or derivative victim. However, reimbursement may be made for an expense submitted more than three years after the date it is incurred if the victim or derivative victim has affirmed the debt and is liable for the debt at the time the expense is submitted for reimbursement, or has paid the expense as a direct result of a crime for which a timely application has been filed or has paid the expense as a direct result of a crime for which an application has been filed and approved. (b) Compensation made pursuant to this chapter may be on a one-time or periodic basis. If periodic, the board may increase, reduce, or terminate the amount of compensation according to the applicant’s need, subject to the maximum limits provided in this chapter. (c) (1) The board may authorize direct payment to a provider of services that are reimbursable pursuant to this chapter and may make those payments prior to verification. However, the board may not, without good cause, authorize a direct payment to a provider over the objection of the victim or derivative victim. (2) Reimbursement on the initial claim for any psychological, psychiatric, or mental health counseling services shall, if the application has been approved, be paid by the board within 90 days of the date of receipt of the claim for payment, with subsequent payments to be made to the provider within one month of the receipt of a claim for payment. (d) Payments for peer counseling services provided by a rape crisis center may not exceed fifteen dollars ($15) for each hour of services provided. Those services shall be limited to in-person counseling for a period not to exceed 10 weeks plus one series of facilitated support group counseling sessions. (e) The board shall develop procedures to ensure that a victim is using compensation for job retraining or relocation only for its intended purposes. The procedures may include, but need not be limited to, requiring copies of receipts, agreements, or other documents as requested, or developing a method for direct payment. (f) Compensation granted pursuant to this chapter shall not disqualify an otherwise eligible applicant from participation in any other public assistance program. (g) The board shall pay attorney’s fees representing the reasonable value of legal services rendered to the applicant, in an amount equal to 10 percent of the amount of the award, or five hundred dollars ($500), whichever is less, for each victim and each derivative victim. The board may request that an attorney provide verification of legal services provided to an applicant and the board may contact an applicant to verify that legal services were provided. An attorney receiving fees from another source may waive the right to receive fees under this subdivision. Payments under this subdivision shall be in addition to any amount authorized or ordered under subdivision (b) of Section 13960. An attorney may not charge, demand, receive, or collect any amount for services rendered in connection with any proceedings under this chapter except as awarded under this chapter. (h) A private nonprofit agency shall be reimbursed for its services at the level of the normal and customary fee charged by the private nonprofit agency to clients with adequate means of payment for its services, except that this reimbursement may not exceed the maximum reimbursement rates set by the board and may be made only to the extent that the victim otherwise qualifies for compensation under this chapter and that other reimbursement or direct subsidies are not available to serve the victim. (Amended by Stats. 2015, Ch. 569, Sec. 7. (AB 1140) Effective January 1, 2016.)
  81. 13958.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 4. Scope of Compensation [13957 - 13958] ( Article 4 added by Stats. 2002, Ch. 1141, Sec. 2. )

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    The board must decide applications within an average of 90 calendar days and no later than 180 days after acceptance, and it must explain delays in writing if it misses the 180-day deadline.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 4. Scope of Compensation [13957 - 13958] ( Article 4 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13958. The board shall approve or deny applications, based on recommendations of the board staff, within an average of 90 calendar days and no later than 180 calendar days of acceptance by the board or victim center. (a) If the board does not meet the 90-day average standard prescribed in this subdivision, the board shall, thereafter, report to the Legislature, on a quarterly basis, its progress and its current average time of processing applications. These quarterly reports shall continue until the board meets the 90-day average standard for two consecutive quarters. (b) If the board fails to approve or deny an individual application within 180 days of the date it is accepted, pursuant to this subdivision, the board shall advise the applicant and his or her representative, in writing, of the reason for the failure to approve or deny the application. (Added by Stats. 2002, Ch. 1141, Sec. 2. Effective January 1, 2003.)
  82. 13960.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 5. Hearings and Judicial Review [13959 - 13960] ( Article 5 added by Stats. 2002, Ch. 1141, Sec. 2. )

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    This section allows judicial review of a final decision by petition for a writ of mandate and sets filing deadlines; it also authorizes attorney-fee and cost orders in certain cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 5. Hearings and Judicial Review [13959 - 13960] ( Article 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13960. (a) Judicial review of a final decision made pursuant to this chapter may be had by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure. The right to petition shall not be affected by the failure to seek reconsideration before the board. The petition shall be filed as follows: (1) Where no request for reconsideration is made, within 30 calendar days of personal delivery or within 60 calendar days of the mailing of the board’s decision on the application for compensation. (2) Where a timely request for reconsideration is filed and rejected by the board, within 30 calendar days of personal delivery or within 60 calendar days of the mailing of the notice of rejection. (3) Where a timely request for reconsideration is filed and granted by the board, or reconsideration is ordered by the board, within 30 calendar days of personal delivery or within 60 calendar days of the mailing of the final decision on the reconsidered application. (b) (1) In an action resulting in the issuance of a writ of mandate pursuant to this section the court may order the board to pay to the applicant’s attorney reasonable attorney’s fees or one thousand dollars ($1,000), whichever is less. If action is taken by the board in favor of the applicant in response to the filing of the petition, but prior to a judicial determination, the board shall pay the applicant’s costs of filing the petition. (2) In case of appeal by the board of a decision on the petition for writ of mandate that results in a decision in favor of the applicant, the court may order the board to pay to the applicant’s attorney reasonable attorney fees. (3) Nothing in this section shall be construed to prohibit or limit an award of attorney’s fees pursuant to Section 1021.5 of the Code of Civil Procedure. (Added by Stats. 2002, Ch. 1141, Sec. 2. Effective January 1, 2003.)
  83. 13963.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 6. Administration [13962 - 13966] ( Article 6 added by Stats. 2002, Ch. 1141, Sec. 2. )

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    The board gets subrogation and lien rights over compensation-related recoveries, and several notice and payment rules apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 6. Administration [13962 - 13966] ( Article 6 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13963. (a) The board shall be subrogated to the rights of the recipient to the extent of any compensation granted by the board. The subrogation rights shall be against the perpetrator of the crime or any person liable for the losses suffered as a direct result of the crime which was the basis for receipt of compensation, including an insurer held liable in accordance with the provision of a policy of insurance issued pursuant to Section 11580.2 of the Insurance Code. (b) The board shall also be entitled to a lien on any judgment, award, or settlement in favor of or on behalf of the recipient for losses suffered as a direct result of the crime that was the basis for receipt of compensation in the amount of the compensation granted by the board. The board may recover this amount in a separate action, or may intervene in an action brought by or on behalf of the recipient. If a claim is filed within one year of the date of recovery, the board shall pay 25 percent of the amount of the recovery that is subject to a lien on the judgment, award, or settlement, to the recipient responsible for recovery if the recipient notified the board of the action prior to receiving any recovery. The remaining amount, and any amount not claimed within one year pursuant to this section, shall be deposited in the Restitution Fund. (c) The board may compromise or settle and release any lien pursuant to this chapter if it is found that the action is in the best interest of the state or the collection would cause undue hardship upon the recipient. Repayment obligations to the Restitution Fund shall be enforceable as a summary judgment. (d) No judgment, award, or settlement in any action or claim by a recipient, where the board has an interest, shall be satisfied without first giving the board notice and a reasonable opportunity to perfect and satisfy the lien. The notice shall be given to the board in Sacramento except in cases where the board specifies that the notice shall be given otherwise. The notice shall include the complete terms of the award, settlement, or judgment, and the name and address of any insurer directly or indirectly providing for the satisfaction. (e) (1) If the recipient brings an action or asserts a claim for damages against the person or persons liable for the injury or death giving rise to an award by the board under this chapter, notice of the institution of legal proceedings, notice of all hearings, conferences, and proceedings, and notice of settlement shall be given to the board in Sacramento except in cases where the board specifies that notice shall be given to the Attorney General. Notice of the institution of legal proceedings shall be given to the board within 30 days of filing the action. All notices shall be given by the attorney employed to bring the action for damages or by the recipient if no attorney is employed. (2) Notice shall include all of the following: (A) Names of all parties to the claim or action. (B) The address of all parties to the claim or action except for those persons represented by attorneys and in that case the name of the party and the name and address of the attorney. (C) The nature of the claim asserted or action brought. (D) In the case of actions before courts or administrative agencies, the full title of the case including the identity of the court or agency, the names of the parties, and the case or docket number. (3) When the recipient or his or her attorney has reason to believe that a person from whom damages are sought is receiving a defense provided in whole or in part by an insurer, or is insured for the injury caused to the recipient, notice shall include a statement of that fact and the name and address of the insurer. Upon request of the board, a person obligated to provide notice shall provide the board with a copy of the current written claim or complaint. (f) The board shall pay the county probation department or other county agency responsible for collection of funds owed to the Restitution Fund under Section 13967, as operative on or before September 28, 1994, Section 1202.4 of the Penal Code, Section 1203.04 of the Penal Code, as operative on or before August 2, 1995, or Section 730.6 of the Welfare and Institutions Code, 10 percent of the funds so owed and collected by the county agency and deposited in the Restitution Fund. This payment shall be made only when the funds are deposited in the Restitution Fund within 45 days of the end of the month in which the funds are collected. Receiving 10 percent of the moneys collected as being owed to the Restitution Fund shall be considered an incentive for collection efforts and shall be used for furthering these collection efforts. The 10-percent rebates shall be used to augment the budgets for the county agencies responsible for collection of funds owed to the Restitution Fund, as provided in Section 13967, as operative on or before September 28, 1994, Section 1202.4 of the Penal Code, Section 1203.04 of the Penal Code, operative on or before August 2, 1995, or Section 730.6 of the Welfare and Institutions Code. The 10-percent rebates shall not be used to supplant county funding. (g) In the event of judgment or award in a suit or claim against a third party or insurer, if the action or claim is prosecuted by the recipient alone, the court or agency shall first order paid from any judgment or award the reasonable litigation expenses incurred in preparation and prosecution of the action or claim, together with reasonable attorney’s fees when an attorney has been retained. After payment of the expenses and attorney’s fees, the court or agency shall, on the application of the board, allow as a lien against the amount of the judgment or award, the amount of the compensation granted by the board to the recipient for losses sustained as a result of the same incident upon which the settlement, award, or judgment is based. (h) For purposes of this section, “recipient” means any person who has received compensation or will be provided compensation pursuant to this chapter, including the victim’s guardian, conservator or other personal representative, estate, and survivors. (i) In accordance with subparagraph (B) of paragraph (4) of subdivision (f) of Section 1202.4 of the Penal Code, a representative of the board may provide the probation department, district attorney, and court with information relevant to the board’s losses prior to the imposition of a sentence. (Amended by Stats. 2015, Ch. 569, Sec. 10. (AB 1140) Effective January 1, 2016.)
  84. 13963.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 6. Administration [13962 - 13966] ( Article 6 added by Stats. 2002, Ch. 1141, Sec. 2. )

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    The board runs a grant program for trauma recovery centers and can award grants only to centers that meet listed criteria.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 6. Administration [13962 - 13966] ( Article 6 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13963.1. (a) The Legislature finds and declares all of the following: (1) Without treatment, approximately 50 percent of people who survive a traumatic, violent injury experience lasting or extended psychological or social difficulties. Untreated psychological trauma often has severe economic consequences, including overuse of costly medical services, loss of income, failure to return to gainful employment, loss of medical insurance, and loss of stable housing. (2) Victims of crime should receive timely and effective mental health treatment. (3) The board shall administer a program to evaluate applications and award grants to trauma recovery centers. (b) The board shall award a grant only to a trauma recovery center that meets all of the following criteria: (1) The trauma recovery center demonstrates that it serves as a community resource by providing services, including, but not limited to, making presentations and providing training to law enforcement, community-based agencies, and other health care providers on the identification and effects of violent crime. (2) Any other related criteria required by the board. (3) The trauma recovery center uses the core elements established in Section 13963.2. (c) It is the intent of the Legislature to provide an annual appropriation of two million dollars ($2,000,000) per year from the Restitution Fund. (d) The board may award a grant providing funding for up to a maximum period of three years. Any portion of a grant that a trauma recovery center does not use within the specified grant period shall revert to the Restitution Fund. The board may award consecutive grants to a trauma recovery center to prevent a lapse in funding. (e) The board, when considering grant applications, shall give preference to a trauma recovery center that conducts outreach to, and serves, both of the following: (1) Crime victims who typically are unable to access traditional services, including, but not limited to, victims who are homeless, chronically mentally ill, of diverse ethnicity, members of immigrant and refugee groups, disabled, who have severe trauma-related symptoms or complex psychological issues, or juvenile victims, including minors who have had contact with the juvenile dependency or justice system. (2) Victims of a wide range of crimes, including, but not limited to, victims of sexual assault, domestic violence, physical assault, shooting, stabbing, human trafficking, and vehicular assault, and family members of homicide victims. (f) The trauma recovery center sites shall be selected by the board through a well-defined selection process that takes into account the rate of crime and geographic distribution to serve the greatest number of victims. (g) A trauma recovery center that is awarded a grant shall do both of the following: (1) Report to the board annually on how grant funds were spent, how many clients were served (counting an individual client who receives multiple services only once), units of service, staff productivity, treatment outcomes, and patient flow throughout both the clinical and evaluation components of service. (2) In compliance with federal statutes and rules governing federal matching funds for victims’ services, each center shall submit any forms and data requested by the board to allow the board to receive the 60 percent federal matching funds for eligible victim services and allowable expenses. (h) For purposes of this section, a trauma recovery center provides, including, but not limited to, all of the following resources, treatments, and recovery services to crime victims: (1) Mental health services. (2) Assertive community-based outreach and clinical case management. (3) Coordination of care among medical and mental health care providers, law enforcement agencies, and other social services. (4) Services to family members and loved ones of homicide victims. (5) A multidisciplinary staff of clinicians that includes psychiatrists, psychologists, and social workers, and may include case managers and peer counselors. (Amended by Stats. 2017, Ch. 587, Sec. 2. (AB 1384) Effective January 1, 2018.)
  85. 13963.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 6. Administration [13962 - 13966] ( Article 6 added by Stats. 2002, Ch. 1141, Sec. 2. )

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    The Board must use the ITRS model when selecting, establishing, and implementing Trauma Recovery Centers, and funded TRCs must provide specified outreach, services, staffing, and access rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 6. Administration [13962 - 13966] ( Article 6 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13963.2. The Trauma Recovery Center at the San Francisco General Hospital, University of California, San Francisco, is recognized as the State Pilot Trauma Recovery Center (State Pilot TRC). The California Victim Compensation Board shall use the evidence-informed Integrated Trauma Recovery Services (ITRS) model developed by the State Pilot TRC when it selects, establishes, and implements Trauma Recovery Centers (TRCs) pursuant to Section 13963.1. All TRCs funded through the Restitution Fund or Safe Neighborhoods and Schools Fund shall do all of the following: (a) Provide outreach and services to crime victims who typically are unable to access traditional services, including, but not limited to, victims who are homeless, chronically mentally ill, members of immigrant and refugee groups, disabled, who have severe trauma-related symptoms or complex psychological issues, are of diverse ethnicity or origin, or are juvenile victims, including minors who have had contact with the juvenile dependency or justice system. (b) Serve victims of a wide range of crimes, including, but not limited to, victims of sexual assault, domestic violence, battery, crimes of violence, vehicular assault, and human trafficking, as well as family members of homicide victims. (c) Offer evidence-based and evidence-informed mental health services and support services that include individual and group treatment, medication management, substance abuse treatment, case management, and assertive outreach. This care shall be provided in a manner that increases access to services and removes barriers to care for victims of violent crime, and may include providing services to a victim in his or her home, in the community, or at other locations conducive to maintaining quality treatment and confidentiality. (d) Be comprised of a staff that includes a multidisciplinary team of clinicians made up of at least one psychologist, one social worker, and additional staff. Clinicians are not required to work full-time as a member of the multidisciplinary team. At least one psychiatrist shall be available to the team to assist with medication management, provide consultation, and assist with treatment to meet the clinical needs of the victim. The psychiatrist may be on staff or on contract. A clinician shall be either a licensed clinician or a supervised clinician engaged in completion of the applicable licensure process. Clinical supervision and other supports shall be provided to staff regularly to ensure the highest quality of care and to help staff constructively manage vicarious trauma they experience as service providers to victims of violent crime. Clinicians shall meet the training or certification requirements for the evidence-based practices they use. (e) Offer mental health services and case management that are coordinated through a single point of contact for the victim, with support from an integrated multidisciplinary treatment team. Each client receiving mental health services shall have a treatment plan in place, which is periodically reviewed by the multidisciplinary team. Examples of primary treatment goals include, but are not limited to, a decrease in psychosocial distress, minimizing long-term disability, improving overall quality of life, reducing the risk of future victimization, and promoting post-traumatic growth. (f) Deliver services that include assertive outreach and case management including, but not limited to, accompanying a client to court proceedings, medical appointments, or other appointments as needed, assistance with filing an application for assistance to the California Victim Compensation Board, filing police reports or filing restraining orders, assistance with obtaining safe housing and financial benefits, helping a client obtain medical care, providing assistance securing employment, and working as a liaison to other community agencies, law enforcement, or other supportive service providers as needed. TRCs shall offer outreach and case management services to clients without regard to whether clients choose to access mental health services. (g) Ensure that no person is excluded from services solely on the basis of emotional or behavioral issues resulting from trauma, including, but not limited to, substance abuse problems, low initial motivation, or high levels of anxiety. (h) Utilize established, evidence-based and evidence-informed practices in treatment. These practices may include, but are not limited to, motivational interviewing, harm reduction, seeking safety, cognitive behavioral therapy, and trauma-focused cognitive processing therapy. (i) Ensure that no person is excluded from services based on immigration status. (Added by Stats. 2017, Ch. 587, Sec. 3. (AB 1384) Effective January 1, 2018.)
  86. 13964.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 6. Administration [13962 - 13966] ( Article 6 added by Stats. 2002, Ch. 1141, Sec. 2. )

    Verify source ↗

    Claims under this chapter are paid from the Restitution Fund, and the fund’s proceeds are continuously appropriated to the board for chapter purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 6. Administration [13962 - 13966] ( Article 6 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13964. (a) Claims under this chapter shall be paid from the Restitution Fund. (b) Notwithstanding Section 13340, except for funds to support trauma recovery center grants pursuant to Section 13963.1, the proceeds in the Restitution Fund are hereby continuously appropriated to the board, without regard to fiscal years, for the purposes of this chapter. However, the funds appropriated pursuant to this section for administrative costs of the board shall be subject to annual review through the State Budget process. (c) A sum not to exceed 15 percent of the amount appropriated annually to pay claims pursuant to this chapter may be withdrawn from the Restitution Fund, to be used as a revolving fund by the board for the payment of emergency awards pursuant to Section 13961. (Amended by Stats. 2013, Ch. 28, Sec. 14. (SB 71) Effective June 27, 2013.)
  87. 13965.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 6. Administration [13962 - 13966] ( Article 6 added by Stats. 2002, Ch. 1141, Sec. 2. )

    Verify source ↗

    Recipients of overpayments generally must repay the board, unless limited fault-and-equity conditions are met; collection actions are usually time-limited, recipients may contest overpayment recommendations, and larger overpayments must be reported 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 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 6. Administration [13962 - 13966] ( Article 6 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13965. (a) Any recipient of an overpayment pursuant to this chapter is liable to repay the board that amount unless both of the following facts exist: (1) The overpayment was not due to fraud, misrepresentation, or willful nondisclosure on the part of the recipient. (2) The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience. (b) All actions to collect overpayments shall commence within seven years from the date of the overpayment. However, an action to collect an overpayment due to fraud, misrepresentation, or willful nondisclosure by the recipient may be commenced at any time. (c) Any recipient of an overpayment is authorized to contest the staff recommendation of an overpayment pursuant to the hearing procedures in Section 13959. If a final determination is made by the board that an overpayment exists, the board may collect the overpayment in any manner prescribed by law. (d) All overpayments exceeding two thousand dollars ($2,000) shall be reported to the Legislature pursuant to Section 13928 and the relief from liability described in subdivision (a) shall be subject to legislative approval. (Amended by Stats. 2015, Ch. 569, Sec. 11. (AB 1140) Effective January 1, 2016.)
  88. 13966.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 6. Administration [13962 - 13966] ( Article 6 added by Stats. 2002, Ch. 1141, Sec. 2. )

    Verify source ↗

    The board may use civil actions and summary-judgment proceedings to recover money owed to the Restitution Fund, and the clerk must enter judgment when the board files the required certificate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5. Indemnification of Victims of Crime [13950 - 13966] ( Chapter 5 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## ARTICLE 6. Administration [13962 - 13966] ( Article 6 added by Stats. 2002, Ch. 1141, Sec. 2. ) ## 13966. The board may do all of the following to recover moneys owed to the Restitution Fund: (a) File a civil action against the liable person for the recovery of the amount of moneys owed. This action shall be filed within one year of either of the following events, or within three years of either of the following events if the liable person was overpaid benefits due to fraud, misrepresentation, or nondisclosure as described in paragraph (1) of subdivision (a) of Section 13965: (1) The mailing or personal service of the notice of the moneys owed if the person affected does not file an appeal with the board or person designated by the board. (2) The mailing of the decision of the board if the person affected does not initiate a further appeal. (b) (1) Initiate proceedings for a summary judgment against the liable person. However, this subdivision shall apply only where the board has found, pursuant to Section 13965, that the overpayment may not be waived. The board may, not later than three years after the overpayment became final, file with the clerk of the proper court in the county from which the overpayment of benefits was paid or in the county in which the claimant resides, a certificate containing all of the following: (A) The amount due, plus interest from the date that the initial determination of the moneys owed was made. (B) A statement that the board has complied with all the provisions of this chapter prior to the filing of the certificate. (C) A request that the judgment be entered against the liable person in the amount set forth in the certificate. (2) The clerk, immediately upon the filing of the certificate, shall enter a judgment for the state against the liable person in the amount set forth in the certificate. (Added by Stats. 2002, Ch. 1141, Sec. 2. Effective January 1, 2003.)
  89. 13970.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5.5. Indemnification of Citizens Benefiting the Public [13970 - 13974.2] ( Chapter 5.5 heading added by Stats. 2002, Ch. 1141, Sec. 12. )

    Verify source ↗

    The state may indemnify certain citizens and related dependents for injuries, death, or damage from meritorious public-protection actions, but only in appropriate cases and only for losses not covered from another source.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5.5. Indemnification of Citizens Benefiting the Public [13970 - 13974.2] ( Chapter 5.5 heading added by Stats. 2002, Ch. 1141, Sec. 12. ) ## 13970. Direct action on the part of private citizens in preventing the commission of crimes against the person or property of others, or in apprehending criminals, or rescuing a person in immediate danger of injury or death as a result of fire, drowning, or other catastrophe, benefits the entire public. In recognition of the public purpose served, the state may indemnify such citizens, their surviving spouses, their surviving children, and any persons dependent upon such citizens for their principal support in appropriate cases for any injury, death, or damage sustained by such citizens, their surviving spouses, their surviving children, and any persons dependent upon such citizens for their principal support as a direct consequence of such meritorious action to the extent that they are not compensated for the injury, death, or damage from any other source. A claim shall be denied if an award has been made under Article 1 (commencing with Section 13960) of this chapter for the same incident. (Amended by Stats. 1976, Ch. 1436.)
  90. 13971.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5.5. Indemnification of Citizens Benefiting the Public [13970 - 13974.2] ( Chapter 5.5 heading added by Stats. 2002, Ch. 1141, Sec. 12. )

    Verify source ↗

    This section defines “private citizen” as a person who is not a peace officer, fireman, lifeguard, or someone whose job includes protecting public safety while acting within that job.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5.5. Indemnification of Citizens Benefiting the Public [13970 - 13974.2] ( Chapter 5.5 heading added by Stats. 2002, Ch. 1141, Sec. 12. ) ## 13971. As used in this article, “private citizen” means any person other than a peace officer, fireman, lifeguard, or person whose employment includes the duty to protect the public safety acting within the course and scope of such employment. (Amended by Stats. 2015, Ch. 569, Sec. 12. (AB 1140) Effective January 1, 2016.)
  91. 13972.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5.5. Indemnification of Citizens Benefiting the Public [13970 - 13974.2] ( Chapter 5.5 heading added by Stats. 2002, Ch. 1141, Sec. 12. )

    Verify source ↗

    Certain people may file a claim with the California Victim Compensation Board for indemnification after qualifying injury, death, or property damage, but the claim must include specified details and a corroborating statement from a public safety or law enforcement agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5.5. Indemnification of Citizens Benefiting the Public [13970 - 13974.2] ( Chapter 5.5 heading added by Stats. 2002, Ch. 1141, Sec. 12. ) ## 13972. (a) If a private citizen incurs personal injury or death or damage to his or her property in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in materially assisting a peace officer in prevention of a crime or apprehension of a criminal, or rescuing a person in immediate danger of injury or death as a result of fire, drowning, or other catastrophe, the private citizen, his or her surviving spouse, his or her surviving children, a person dependent upon the citizen for his or her principal support, any person legally liable for the citizen’s pecuniary losses, or a public safety or law enforcement agency acting on behalf of any of the above may file a claim with the California Victim Compensation Board for indemnification to the extent that the claimant is not compensated from any other source for the injury, death, or damage. The claim shall generally show all of the following: (1) The date, place, and other circumstances of the occurrence or events that gave rise to the claim. (2) A general description of the activities of the private citizen in prevention of a crime, apprehension of a criminal, or rescuing a person in immediate danger of injury or death as a result of fire, drowning, or other catastrophe. (3) The amount or estimated amount of the injury, death, or damage sustained for which the claimant is not compensated from any other source, insofar as it may be known at the time of the presentation of the claim. (4) Any other information that the California Victim Compensation Board may require. (b) A claim filed under subdivision (a) shall be accompanied by a corroborating statement and recommendation from the appropriate state or local public safety or law enforcement agency. (Amended by Stats. 2016, Ch. 31, Sec. 119. (SB 836) Effective June 27, 2016.)
  92. 13973.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5.5. Indemnification of Citizens Benefiting the Public [13970 - 13974.2] ( Chapter 5.5 heading added by Stats. 2002, Ch. 1141, Sec. 12. )

    Verify source ↗

    The California Victim Compensation Board must set a hearing, notify interested persons or agencies, and decide claims under this chapter; approved claims cannot exceed $10,000.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5.5. Indemnification of Citizens Benefiting the Public [13970 - 13974.2] ( Chapter 5.5 heading added by Stats. 2002, Ch. 1141, Sec. 12. ) ## 13973. (a) Upon presentation of a claim pursuant to this chapter, the California Victim Compensation Board shall fix a time and place for the hearing of the claim, and shall mail notices of the hearing to interested persons or agencies. The board shall receive recommendations from public safety or law enforcement agencies, and evidence showing all of the following: (1) The nature of the crime committed by the apprehended criminal or prevented by the action of the private citizen, or the nature of the action of the private citizen in rescuing a person in immediate danger of injury or death as a result of fire, drowning, or other catastrophe, and the circumstances involved. (2) That the actions of the private citizen substantially and materially contributed to the apprehension of a criminal, the prevention of a crime, or the rescuing of a person in immediate danger of injury or death as a result of fire, drowning, or other catastrophe. (3) That, as a direct consequence, the private citizen incurred personal injury or damage to property or died. (4) The extent of the injury or damage for which the claimant is not compensated from any other source. (5) Any other evidence that the board may require. (b) If the board determines, on the basis of a preponderance of the evidence, that the state should indemnify the claimant for the injury, death, or damage sustained, it shall approve the claim for payment. In no event shall a claim be approved by the board under this article in excess of ten thousand dollars ($10,000). (c) In addition to any award made under this chapter, the board may award, as attorney’s fees, an amount representing the reasonable value of legal services rendered a claimant, but in no event to exceed 10 percent of the amount of the award. No attorney shall charge, demand, receive, or collect for services rendered in connection with any proceedings under this chapter any amount other than that awarded as attorney’s fees under this section. Claims approved under this chapter shall be paid from a separate appropriation made to the California Victim Compensation in the Budget Act and as the claims are approved by the board. (Amended by Stats. 2016, Ch. 31, Sec. 120. (SB 836) Effective June 27, 2016.)
  93. 13974.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5.5. Indemnification of Citizens Benefiting the Public [13970 - 13974.2] ( Chapter 5.5 heading added by Stats. 2002, Ch. 1141, Sec. 12. )

    Verify source ↗

    The California Victim Compensation Board may make rules and regulations needed to carry out this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5.5. Indemnification of Citizens Benefiting the Public [13970 - 13974.2] ( Chapter 5.5 heading added by Stats. 2002, Ch. 1141, Sec. 12. ) ## 13974. The California Victim Compensation Board is hereby authorized to make all needful rules and regulations consistent with the law for the purpose of carrying into effect this article. (Amended by Stats. 2016, Ch. 31, Sec. 121. (SB 836) Effective June 27, 2016.)
  94. 13974.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5.5. Indemnification of Citizens Benefiting the Public [13970 - 13974.2] ( Chapter 5.5 heading added by Stats. 2002, Ch. 1141, Sec. 12. )

    Verify source ↗

    The California Victim Compensation Board must run a claim-and-reward program for information leading to the location of missing children, and awards are capped at $500 per person.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5.5. Indemnification of Citizens Benefiting the Public [13970 - 13974.2] ( Chapter 5.5 heading added by Stats. 2002, Ch. 1141, Sec. 12. ) ## 13974.1. (a) The California Victim Compensation Board shall use the applicable provisions of this article to establish a claim and reward procedure to reward persons providing information leading to the location of any child listed in the missing children registry compiled pursuant to former Section 11114 of the Penal Code or maintained pursuant to the system maintained pursuant to Sections 14203 and 14204 of the Penal Code. (b) Awards shall be made upon recommendation of the Department of Justice in an amount of not to exceed five hundred dollars ($500) to any one individual. However, as a condition to an award, in any particular case, an amount equal to or greater in nonstate funds shall have been first offered as a reward for information leading to the location of that missing child. (c) The Missing Children Reward Fund is abolished and any remaining balance is transferred to the Restitution Fund. The California Victim Compensation Board shall make awards pursuant to this section from the Restitution Fund, using the appropriation authority provided in Section 13964. (Amended by Stats. 2016, Ch. 31, Sec. 122. (SB 836) Effective June 27, 2016.)
  95. 13974.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5.5. Indemnification of Citizens Benefiting the Public [13970 - 13974.2] ( Chapter 5.5 heading added by Stats. 2002, Ch. 1141, Sec. 12. )

    Verify source ↗

    References to the former Article 2 of Chapter 5 are to be read as references to this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 5.5. Indemnification of Citizens Benefiting the Public [13970 - 13974.2] ( Chapter 5.5 heading added by Stats. 2002, Ch. 1141, Sec. 12. ) ## 13974.2. Any reference to Article 2 (commencing with Section 13970) of Chapter 5, as it read on December 31, 2002, shall be construed to refer to this chapter. (Added by Stats. 2002, Ch. 1141, Sec. 13. Effective January 1, 2003.)
  96. 13974.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 6. Victims of Crime Recovery Center [13974.5- 13974.5.] ( Chapter 6 added by Stats. 2006, Ch. 884, Sec. 2. )

    Verify source ↗

    The California Victim Compensation Board must enter an agreement with UCSF to create a victims of crime recovery center at San Francisco General Hospital.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4. CALIFORNIA VICTIM COMPENSATION BOARD [13900 - 13974.5] ( Heading of Part 4 amended by Stats. 2016, Ch. 31, Sec. 102. ) ## CHAPTER 6. Victims of Crime Recovery Center [13974.5- 13974.5.] ( Chapter 6 added by Stats. 2006, Ch. 884, Sec. 2. ) ## 13974.5. (a) The California Victim Compensation Board shall enter into an interagency agreement with the University of California, San Francisco, to establish a victims of crime recovery center at the San Francisco General Hospital for the purpose of providing comprehensive and integrated services to victims of crime, subject to conditions set forth by the board. (b) This section shall not apply to the University of California unless the Regents of the University of California, by appropriate resolution, make this section applicable. (c) This section shall only be implemented to the extent that funding is appropriated for that purpose. (Amended by Stats. 2016, Ch. 31, Sec. 123. (SB 836) Effective June 27, 2016.)
  97. 13975.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    This section creates the Transportation Agency in state government and lists the entities that make up the agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13975. There is in the state government the Transportation Agency. The agency consists of the Department of the California Highway Patrol, the California Transportation Commission, the Department of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. (Repealed and added by Stats. 2013, Ch. 352, Sec. 250. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  98. 13976.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The Secretary of Transportation serves under the Governor’s supervision, is appointed by the Governor with Senate confirmation, and serves at the Governor’s pleasure.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13976. The agency is under the supervision of an executive officer known as the Secretary of Transportation. He or she shall be appointed by the Governor, subject to confirmation by the Senate, and shall hold office at the pleasure of the Governor. The annual salary of the secretary is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of this code. As used in this part, “agency” and “secretary” refer to the Transportation Agency and the Secretary of Transportation, respectively, unless the context otherwise requires. (Amended by Stats. 2013, Ch. 352, Sec. 252. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  99. 13977.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The secretary must execute an official bond to the state before beginning official duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13977. Before entering upon the duties of his office the secretary shall execute an official bond to the state in the penal sum of fifty thousand dollars ($50,000) conditioned upon the faithful performance of his duties. (Amended by Stats. 1969, Ch. 138.)
  100. 13978.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The secretary has general supervision over agency departments, offices, and units, and may issue orders to carry out assigned powers and responsibilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13978. The secretary has the power of general supervision over, and is directly responsible to the Governor for, the operations of each department, office, and unit within the agency. The secretary may issue such orders as the secretary deems appropriate to exercise any power or jurisdiction, or to assume or discharge any responsibility, or to carry out or effect any of the purposes vested by law in any department in the agency. (Amended by Stats. 1980, Ch. 1153.)
  101. 13978.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The Secretary of Transportation must advise and assist the Governor on major policy and program matters, and act as the main communication link between the Governor and agency units.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13978.2. The Secretary of Transportation shall advise the Governor on, and assist the Governor in establishing, major policy and program matters affecting each department, office, or other unit within the agency, and shall serve as the principal communication link for the effective transmission of policy problems and decisions between the Governor and each such department, office, or other unit. (Amended by Stats. 2013, Ch. 352, Sec. 253. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  102. 13978.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The Secretary of Transportation must use the Governor’s authority for agency functions and represent the Governor in coordinating among departments and other agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13978.4. The Secretary of Transportation shall exercise the authority vested in the Governor in respect to the functions of each department, office, or other unit within the agency, including the adjudication of conflicts between or among the departments, offices, or other units; and shall represent the Governor in coordinating the activities of each such department, office, or other unit with those of other agencies, federal, state, or local. (Amended by Stats. 2013, Ch. 352, Sec. 254. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  103. 13978.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The Transportation Agency must prepare and develop a state freight plan and establish a freight advisory committee to help shape it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13978.8. (a) The Transportation Agency shall prepare a state freight plan. The state freight plan shall comply with the relevant provisions of the federal Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141. The agency shall develop a state freight plan that provides a comprehensive plan to govern the immediate and long-range planning activities and capital investments of the state with respect to the movement of freight. (b) (1) The agency shall establish a freight advisory committee consisting of a representative cross section of public and private sector freight stakeholders, including representatives of ports, shippers, carriers, freight-related associations, the freight industry workforce, the California Transportation Commission, the Department of Transportation, the Public Utilities Commission, the State Lands Commission, the State Air Resources Board, regional and local governments, and environmental, safety, and community organizations. (2) The freight advisory committee shall do all of the following: (A) Advise the agency on freight-related priorities, issues, projects, and funding needs. (B) Serve as a forum for discussion for state transportation decisions affecting freight mobility. (C) Communicate and coordinate regional priorities with other organizations. (D) Promote the sharing of information between the private and public sectors on freight issues. (E) Participate in the development of the state freight plan. (c) The state freight plan shall include, at a minimum, all of the following: (1) An identification of significant freight system trends, needs, and issues. (2) A description of the freight policies, strategies, and performance measures that will guide freight-related transportation investment decisions. (3) A description of how the state freight plan will improve the ability of California to meet the national freight goals established under Section 167 of Title 23 of the United States Code. (4) Evidence of consideration of innovative technologies and operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement. (5) In the case of routes on which travel by heavy vehicles, including mining, agricultural, energy cargo or equipment, and timber vehicles, is projected to substantially deteriorate the condition of roadways, a description of improvements that may be required to reduce or impede the deterioration. (6) An inventory of facilities with freight mobility issues, such as truck bottlenecks within California, and a description of the strategies California is employing to address those freight mobility issues. (7) A description of needed infrastructure, projects, and operations for the deployment of zero-emission medium- and heavy-duty vehicles and the development of freight corridors identified pursuant to Section 14517. (d) Notwithstanding Section 10231.5, the state freight plan shall be submitted to the Legislature, the Governor, the California Transportation Commission, the Public Utilities Commission, and the State Air Resources Board on or before December 31, 2014, and every five years thereafter. The state freight plan shall be submitted pursuant to Section 9795. (e) The state freight plan required by this section may be developed separately from, or incorporated into, the statewide strategic long-range transportation plan required by Section 135 of Title 23 of the United States Code. (f) The freight rail element of the state freight plan may be developed separately from, or incorporated into, the state rail plan prepared by the Department of Transportation pursuant to Section 14036. (Amended by Stats. 2021, Ch. 769, Sec. 2. (SB 671) Effective January 1, 2022.)
  104. 13979.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The secretary must develop and report programs to the Governor, and may use hearings, other state agencies, staff, consultants, and committees to help with that work.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13979. The secretary shall develop and report to the Governor on legislative, budgetary, and administrative programs to accomplish comprehensive, long-range, coordinated planning and policy formulation in the matters of public interest related to the agency. To accomplish this end, the secretary may hold public hearings, consult with and use the services and cooperation of other state agencies, employ staff and consultants, and appoint advisory and technical committees to assist in the work. (Amended by Stats. 1969, Ch. 138.)
  105. 13979.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The secretary must resolve significant policy conflicts between housing and transportation plans and programs that interfere with state housing or transportation policy.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13979.1. With respect to coordinated planning and policy formulation in transportation and housing policies, the secretary shall be responsible for resolving significant policy conflicts among state, local, and federal housing plans and programs and state, local, or federal transportation plans and programs which impede effective implementation of state housing or state transportation policy. (Added by Stats. 1980, Ch. 1066.)
  106. 13979.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The secretary may assume certain federal environmental responsibilities for transportation projects, but must first submit the draft memorandum to the Joint Legislative Budget Committee and wait at least 30 days before execution unless the committee chair allows less time.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13979.2. (a) The secretary, on behalf of the agency, and any department, office, or other unit within the agency with the authority to implement transportation projects, may assume responsibilities under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) and other federal environmental laws, pursuant to Section 327 of Title 23 of the United States Code, for any railroad, public transportation, or multimodal project. (b) Before assuming the responsibilities set forth in subdivision (a) through execution of a memorandum of understanding between the State of California and the federal government, the secretary shall submit a copy of the draft memorandum of understanding to the Joint Legislative Budget Committee. Execution of the memorandum of understanding shall occur no sooner than 30 days after the secretary provides the draft memorandum of understanding to the Joint Legislative Budget Committee, or whatever lesser time after that notification that the chair of the joint committee, or the chair’s designee, may determine. (c) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of any responsibilities assumed pursuant to subdivision (a). (d) In any action brought pursuant to the federal laws described in subdivision (a) for a project for which responsibilities have been assumed pursuant to subdivision (a), no immunity from suit may be asserted pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived. (e) No responsibility assumed pursuant to subdivision (a) may be delegated to any political subdivision of the state, such as a county, or its instrumentalities. (f) This section does not affect the obligation of the secretary and all departments, offices, and other units within the agency to comply with state and federal law. (g) Nothing in this section is intended to repeal or modify Section 820.1 of the Streets and Highways Code. (h) This section shall not be construed as changing the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (i) This section shall remain in effect only until December 31, 2033, and as of that date is repealed. (Amended by Stats. 2023, Ch. 58, Sec. 1. (SB 146) Effective July 10, 2023. Repealed as of December 31, 2033, by its own provisions.)
  107. 13979.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The agency must create and convene the Transit Transformation Task Force, and later submit a report with findings and policy 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 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13979.3. (a) On or before January 1, 2024, the agency shall establish and convene the Transit Transformation Task Force. (b) The task force shall include, but is not limited to, representatives from transit operators, both small and large operating in urban and rural jurisdictions, the Department of Transportation, local governments, metropolitan planning organizations, regional transportation planning organizations, transportation advocacy organizations with expertise in public transit, labor organizations, academic institutions, the Senate Committee on Transportation, the Assembly Committee on Transportation, and other stakeholders, as appropriate, at the discretion of the agency. Transit operators included on the task force shall include a mix of agencies that provide bus-only service, rail-only service, ferry-only service, and multimodal service. (c) The task force shall develop a structured, coordinated process for engagement of all parties to solicit and develop policy recommendations to grow transit ridership and improve the transit experience for all users of those services. (d) The agency shall, in consultation with the task force, prepare and submit a report of findings and policy recommendations, including identifying where statutory changes would be needed to implement recommendations, based on the task force’s efforts to the appropriate policy and fiscal committees of the Legislature on or before October 31, 2025. The report shall identify the financial and technical feasibility of those recommendations. (e) The report shall include, but is not limited to, and to the extent feasible, a detailed analysis of the following issues: (1) The services provided by transit agencies and the demographics of transit ridership, with detail on services provided, including persons with disabilities, or specific populations like low-income individuals and students. (2) Existing funding sources for transit with a breakdown of funding available for capital and operations, including any constitutional and statutory limitations on these existing funding sources. (3) The use of moneys from local transportation funds established pursuant to Section 29530 for other modes, such as streets and roads. (4) The cost to operate, maintain, and provide for the future growth of transit systems for the next 10 years. (5) The costs and operational impacts associated with federal, state, and local mandates, including, but not limited to, the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the State Air Resources Board’s Innovative Clean Transit regulations (Article 4.3 (commencing with Section 2023) of Chapter 1 of Division 3 of Title 13 of the California Code of Regulations), to the extent feasible. (6) Workforce recruitment, retention, and development challenges, impacting transit service. (7) Existing policies on state and local metrics to measure transit performance. (8) State and local policies that impact service efficiency and transit ridership, including, but not limited to, transit prioritization on roads, land use, housing, and pricing policies. (9) Identification of state departments and agencies that have responsibility for transit system oversight, grant administration, and reporting. (10) Information on how transit agencies modified their services in response to the COVID-19 pandemic and resulting drop in ridership and revenue. (11) The division of transit funding between capital and operations. (f) The report shall also include, but is not limited to, recommendations on the following: (1) How to improve mobility and increase ridership on transit, including, but not limited to: (A) Service and fare coordination or integration between transit agencies. (B) Coordinated scheduling, mapping, and wayfinding between transit agencies. (C) Providing a safe and clean ride for passengers and operators. (D) Increasing the frequency and reliability, through strategies that include, but are not limited to, the sharing of real-time transit information such as arrival and departure times and predictions, service alert data, and transit prioritization on roads. (E) Strategies to provide first- and last-mile access to transit. (F) Strategies to achieve fleet and asset management goals and needs, including funding approaches. (2) Changes to land use, housing, and pricing policies that could improve public transit use. (3) Strategies to address workforce recruitment, retention, and development challenges. (4) Reforming the Transportation Development Act (Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code), including, but not limited to, replacing the fare box recovery ratios and efficiency criteria with performance metrics that better measure transit operations. (5) Identification of the appropriate state department or agency to be responsible for transit system oversight and reporting. (6) New options for revenue sources to fund transit operations and capital projects to meet necessary future growth of transit systems for the next 10 years. (7) The potential of transit-oriented development and value capture of property around transit stations as a source of sustainable revenue for transit operations. (g) The task force may consult with the California Transportation Commission to use its work on the needs assessment prepared pursuant to Section 14518 regarding the identification of future transit capital and operational needs. The task force may use data provided pursuant to Section 13987 to inform the analysis. (h) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2023, Ch. 54, Sec. 1. (SB 125) Effective July 10, 2023. Repealed as of January 1, 2028, by its own provisions.)
  108. 13979.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The secretary may take over certain federal environmental review responsibilities for qualifying transportation projects when requested, but must first submit a draft MOU to the Joint Legislative Budget Committee, report to legislative committees by December 31, 2033, and cannot delegate the assumed responsibilities to local political subdivisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13979.4. (a) (1) Consistent with, and subject to the requirements of, any memorandum of understanding between the state and federal government, the secretary, upon the request of a local or regional agency with the authority to implement transportation projects, may assume responsibilities under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) and other federal environmental laws, pursuant to Section 327 of Title 23 of the United States Code, for any railroad, local public transportation, or multimodal project implemented by the requesting local or regional agency. (2) For purposes of this section, “local or regional agency” includes, but is not limited to, a city, county, city and county, special district, or joint powers authority. (b) The secretary shall report to the transportation policy committees of the Legislature regarding which local or regional agencies requested that the secretary assume the authority under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) by December 31, 2033. (3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (c) Before assuming the responsibilities set forth in subdivision (a) through execution of a memorandum of understanding between the State of California and the federal government, the secretary shall submit a copy of the draft memorandum of understanding to the Joint Legislative Budget Committee. Execution of the memorandum of understanding shall occur no sooner than 30 days after the secretary provides the draft memorandum of understanding to the Joint Legislative Budget Committee, or whatever lesser time after that notification that the chair of the joint committee, or the chair’s designee, may determine. (d) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of any responsibilities assumed pursuant to subdivision (a). (e) In any action brought pursuant to the federal laws described in subdivision (a) for a project for which responsibilities have been assumed pursuant to subdivision (a), no immunity from suit may be asserted pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived. (f) No responsibility assumed pursuant to subdivision (a) may be delegated to any political subdivision of the state, such as a county, or its instrumentalities. (g) This section does not affect the obligation of the secretary and all departments, offices, and other units within the agency to comply with state and federal law. (h) Nothing in this section is intended to repeal or modify Section 820.1 of the Streets and Highways Code. (i) This section shall not be construed as changing the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (j) This section shall remain in effect only until December 31, 2033, and as of that date is repealed. (Added by Stats. 2023, Ch. 58, Sec. 2. (SB 146) Effective July 10, 2023. Repealed as of December 31, 2033, by its own provisions.)
  109. 13980.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The secretary must review the agency’s organization and report to the Governor on any changes needed to better segregate and conduct the agency’s work.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13980. For the purpose of administration, the secretary shall review the organization of the agency and report to the Governor on such changes as he deems necessary properly to segregate and conduct the work of the agency. (Amended by Stats. 1969, Ch. 138.)
  110. 13981.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

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    The secretary, and any agency officer or employee the secretary designates in writing, has the power of a department head.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13981. The secretary and any other officer or employee within the agency designated in writing by the secretary shall have the power of a head of a department pursuant to Article 2 (commencing with Section 11180) of Chapter 2, Part 1, Division 3, Title 2 of the Government Code. (Amended by Stats. 1969, Ch. 138.)
  111. 13982.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    If the secretary is given a power, the secretary may delegate its exercise in writing to an officer or employee within the agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13982. Whenever a power is granted to the secretary, the power may be exercised by such officer or employee within the agency as designated in writing by the secretary. (Amended by Stats. 1969, Ch. 138.)
  112. 13983.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The secretary must conduct a program about the medical aspects of traffic injury and accident control.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13983. The secretary shall conduct a program relating to the medical aspects of traffic injury and accident control. (Amended by Stats. 1969, Ch. 138.)
  113. 13984.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The secretary must ensure that the listed California financial and consumer officials coordinate their policymaking and rulemaking efforts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13984. In order to ensure that Section 10240.3 of the Business and Professions Code and Sections 327, 22171, and 50333 of the Financial Code are applied consistently to all California entities engaged in the brokering, originating, servicing, underwriting, and issuance of nontraditional mortgage products, the secretary shall ensure that the Director of Consumer Affairs or the Commissioner of Real Estate and the Commissioner of Financial Protection and Innovation coordinate their policymaking and rulemaking efforts. (Amended by Stats. 2022, Ch. 452, Sec. 185. (SB 1498) Effective January 1, 2023.)
  114. 13986.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The secretary must coordinate to find available transportation funding and report identified funding to the Legislature by April 30, 2025. The agency may directly allocate identified funding for certain grade separation projects.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13986. (a) The secretary shall coordinate with the Department of Transportation and the California Transportation Commission to identify available funding in state transportation programs in existence as of January 1, 2024, including, but not limited to, competitive grant programs administered by the agency, the Department of Transportation, or the California Transportation Commission, that may be used to support grade separation projects that were previously awarded funding from Cycle 6 of the Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code) and the Port and Freight Infrastructure Program established pursuant to Section 2196.2 of the Streets and Highways Code but had that funding reverted pursuant to the Budget Act of 2024. (b) Notwithstanding any other law, the agency shall prioritize, and may directly allocate, funding identified pursuant to subdivision (a), as available and appropriate, for grade separation projects described in subdivision (a) that are at risk of losing or failing to secure federal and local funding commitments, or that are at risk of approved project schedule delays, or both. (c) (1) The secretary shall report to the Legislature, on or before April 30, 2025, on any funding that the secretary identified for impacted grade separation projects pursuant to subdivision (a). (2) The secretary shall submit the report required pursuant to paragraph (1) in compliance with Section 9795. (Added by Stats. 2024, Ch. 53, Sec. 2. (AB 173) Effective July 2, 2024.)
  115. 13987.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. )

    Verify source ↗

    The agency must create and run an accountability program and related funding guidelines, and regional transportation planning agencies must submit plans and data to qualify for certain transit funding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 1. General Duties and Powers [13975 - 13987] ( Heading of Chapter 1 added by Stats. 1969, Ch. 1404. ) ## 13987. (a) Subject to the appropriation of funds for the purposes described in paragraphs (1) and (2) in the Budget Act of 2023, 2024, 2025, 2026, or 2027, the agency shall develop and administer an accountability program related to the distribution of funds from the following sources: (1) Funds appropriated to the agency in the annual Budget Act from the General Fund and the Greenhouse Gas Reduction Fund for purposes of the Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code) for allocation pursuant to Section 99313 of Public Utilities Code. (2) Funds appropriated to the agency in the annual Budget Act from the Greenhouse Gas Reduction Fund and the Public Transportation Account for purposes of the Zero-Emission Transit Capital Program (Part 6 (commencing with Section 75260) of Division 44 of the Public Resources Code) for allocation pursuant to paragraphs (1) and (2) of subdivision (a) of Section 99312.1 of the Public Utilities Code. (b) (1) The agency shall, in consultation with transportation planning agencies, county transportation commissions, transit development boards, and transit operators, develop guidelines aligned with the legislative intent described in subdivision (d) of Section 75226 of, and subdivision (f) of Section 75260 of, the Public Resources Code for the administration of the funding described in subdivision (a). (2) The guidelines described in this section shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1). (3) Before adopting or modifying the guidelines pursuant to paragraph (4), the agency shall adopt draft guidelines, post those draft guidelines on its internet website, and conduct at least one public workshop or hearing on the draft guidelines. This section does not preclude the agency from conducting additional public workshops or posting informal draft guidelines to inform guideline development before the adoption of final guidelines. (4) (A) The agency shall adopt the final guidelines governing the distribution of funds for the 2023–24 fiscal year on or before September 30, 2023. (B) The agency may modify the guidelines adopted pursuant to subparagraph (A) for the distribution of funds for the 2024–25 fiscal year no later than September 30, 2024. (C) The agency may modify the guidelines adopted pursuant to subparagraph (A) for the distribution of funds for the 2025–26 fiscal year no later than September 30, 2025. (D) The agency may modify the guidelines adopted pursuant to subparagraph (A) for the distribution of funds for the 2026–27 fiscal year no later than September 30, 2026. (E) The agency may modify the guidelines adopted pursuant to subparagraph (A) for the distribution of funds for the 2027–28 fiscal year no later than September 30, 2027. (c) (1) (A) A regional transportation planning agency may only receive an allocation of funds in the 2023–24 fiscal year from the funding sources described in subdivision (a) if both of the following conditions are met by December 31, 2023: (i) Except as provided in subparagraph (B), the regional transportation planning agency submits, and the agency approves, a regional short-term financial plan for immediate service retention consistent with the adopted guidelines and the requirements set forth in subdivision (e). If a regional transportation planning agency elects to use the funds described in subdivision (a) for operations for any of its transit operators in the 2023–24 fiscal year or forecasts operational need between the 2023–24 and 2026–27 fiscal years, inclusive, for any of its transit operators, then it shall submit a regional short-term financial plan pursuant to this clause. (ii) The regional transportation planning agency submits to the agency regionally compiled transit operator data that is consistent with requirements included in the adopted guidelines and the requirements set forth in subdivision (f), and is compiled in coordination with transit operators providing service within the jurisdiction of the regional transportation planning agency. (B) A regional transportation planning agency shall not be required to submit a regional short-term financial plan pursuant to subparagraph (A) if it declares that it does not have an operational need between the 2023–24 and 2026–27 fiscal years, inclusive, for any of its transit operators and will not use funding sources described in subdivision (a) for operations for any of its transit operators. (2) A regional transportation planning agency may only receive an allocation of funds in the 2024–25 fiscal year from the funding sources described in subdivision (a) if it submits, and the agency approves, an updated regional short-term financial plan, and updated transit operator data, as described in paragraph (1), by December 31, 2024. The requirement to submit a regional short-term financial plan to receive 2024–25 fiscal year funding shall apply to all regional transportation planning agencies receiving funding described in subdivision (a) regardless of the exemption pursuant to subparagraph (B) of paragraph (1). (3) A regional transportation planning agency may only receive an allocation of funds in the 2025–26 fiscal year from the funding sources described in subdivision (a) if it submits, and the agency approves, an updated regional short-term financial plan, and updated transit operator data, as described in paragraph (1), by December 31, 2025. The requirement to submit a regional short-term financial plan to receive 2025–26 fiscal year funding shall apply to all regional transportation planning agencies receiving funding described in subdivision (a) regardless of the exemption pursuant to subparagraph (B) of paragraph (1). (4) A regional transportation planning agency may only receive an allocation of funds in the 2026–27 fiscal year from the funding sources described in subdivision (a) if it submits, and the agency approves, updated transit operator data, as described in paragraph (1), by December 31, 2026. (5) A regional transportation planning agency may only receive an allocation of funds in the 2027–28 fiscal year from the funding sources described in subdivision (a) if it submits, and the agency approves, updated transit operator data, as described in paragraph (1), by December 31, 2027. (6) Notwithstanding paragraphs (1) to (5), inclusive, the agency shall provide a regional transportation planning agency that does not meet requirements specified in paragraph (1), (2), (3), (4), or (5) with an opportunity to remedy its plan and data and shall provide the allocation of funding after the requirements are met by no later than August 31, 2024, for the 2023–24 fiscal year, no later than April 30, 2025, for the 2024–25 fiscal year, no later than April 30, 2026, for the 2025–26 fiscal year, no later than April 30, 2027, for the 2026–27 fiscal year, and no later than April 30, 2028, for the 2027–28 fiscal year. (7) Upon agency approval of a regional short-term financial plan pursuant to paragraph (1), (2), or (3), a regional transportation planning agency shall post the plan on its internet website. (d) A regional transportation planning agency shall submit a long-term financial plan consistent with the requirements of subdivision (g) to the agency by June 30, 2026, that addresses the approach to sustain its region’s transit operations absent additional discretionary or nonformula state funding. (e) For purposes of subdivision (c), a regional short-term financial plan shall include, but is not limited to, all of the following: (1) A demonstration of how the region will address any operational deficit, using all available funds including the funding sources described in subdivision (a), through the 2025–26 fiscal year, based on a 2022 service baseline. (2) Justification for how the region’s funding is proposed to be allocated to capital and operational expenses. (3) A detailed breakdown and justification for how the funding is proposed to be distributed between transit operators and among projects, consistent with the legislative intent described in subdivision (d) of Section 75226 of, and subdivision (f) of Section 75260 of, the Public Resources Code (4) A demonstration of how the plan will mitigate service cuts, fare increases, or layoffs relative to a 2022 service baseline to achieve short-term financial sustainability. (5) A summary of how the plan will support ridership improvement strategies that focus on riders, such as coordinating schedules and ease of payment and improving cleanliness and safety, to improve the ridership experience. (f) For purposes of subdivision (c), a regional transportation planning agency shall compile and submit regionally representative transit operator data to the agency, including, but not limited to, all of the following data: (1) Existing fleet and asset management plans by transit operator. (2) Revenue collection methods and annual costs involved in collecting revenue for each transit operator and regional transportation planning agency involved. (3) A statement of existing service plan and planned service changes. (4) Expenditures on security and safety measures. (5) Opportunities for service restructuring, eliminating service redundancies, and improving coordination amongst transit operators, including, but not limited to, consolidation of agencies or reevaluation of network management and governance structure. (6) Schedule data in General Transit Feed Specification (GTFS) format to enable full visibility of service and service changes where feasible. (g) For purposes of subdivision (d), a regional long-term financial plan shall include, but is not limited to, both of the following: (1) Demonstration of the implementation of ridership retention and recovery strategies, including, but not limited to, policies that prioritize safety and cleanliness and streamlined coordination between transit operators, such as schedule coordination, operational management, and site sharing, to improve rider experience. (2) A five-year forecast of operating funding requirements with detail on all sources of funding proposed for operations, including any new local and regional funding sources being pursued and the progress and improvements implemented since the last submitted regional short-term financial plan. (h) As a condition of receiving moneys from the funding sources described in subdivision (a), a regional transportation planning agency shall post on its internet website a summary of monthly ridership data, consistent with the data submitted to the National Transit Database, from all its transit operators during the period of time for which it receives those moneys. (i) (1) The agency shall support the transit goals set forth in this section by doing all of the following: (A) Providing technical assistance to transit operators to transition to GTFS Real Time. (B) Working with the Department of Transportation and each region to identify service improvements that could further grow ridership at both regional and interregional levels, including, but not limited to, transit priority. (C) Working with the Department of Transportation and each region to identify opportunities to reduce the costs of revenue collection across operators, including through their California Integrated Transit Project. (2) The agency may withhold up to five million dollars ($5,000,000) of the funding described in subdivision (a) to administer the accountability program established pursuant to this section. This funding shall be available for encumbrance and liquidation until June 30, 2029. (j) For purposes of this section, “regional transportation planning agency” means a recipient of funding described in paragraphs (1) and (2) of subdivision (a) of Section 99312.1 of the Public Utilities Code. (Amended by Stats. 2024, Ch. 53, Sec. 3. (AB 173) Effective July 2, 2024.)
  116. 13988.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2. Intellectual Property [13988 - 13988.4] ( Chapter 2 added by Stats. 2012, Ch. 463, Sec. 1. )

    Verify source ↗

    This section says state agencies and departments should not create policies or procedures that license or otherwise limit use of the state’s intellectual property in expressive works made by nonstate employees or without state funding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2. Intellectual Property [13988 - 13988.4] ( Chapter 2 added by Stats. 2012, Ch. 463, Sec. 1. ) ## 13988. The Legislature finds and declares all of the following: (a) The state is home to many of the world’s top research universities, national laboratories, and leading-edge high-technology companies that generate significant intellectual property. (b) It is in the interest of the state to ensure that the results of state-funded research are promptly developed and protected and to make the research available in the public domain, where appropriate. (c) The commercialization of technology developed with the investment of taxpayer dollars in the form of contracts, grants, and agreements could generate public benefit, including, but not limited to, state revenues, favorable pricing, revenue sharing, reinvestment into research, development of new technologies, the commercialization of the product of state-funded research, and the jobs created from these types of research. (d) It is in the interest of the state to facilitate, promote, and enhance technology transfer programs that will facilitate the transfer of technology into the marketplace for the public benefit. (e) The Legislature supports the use of efficient models to develop and streamline infrastructures, policies, and processes for the management of intellectual property developed under state funding in order to stimulate economic development in the state while, at the same time, minimizing costs of administering policies in this area. (f) It is the intent of the Legislature that the rights of state agencies and departments to track and manage intellectual property created with any state funds shall be interpreted so as to promote the benefit to the public. (g) It is the intent of the Legislature that the Department of General Services have access to information about intellectual property created by state employees and by state-funded research, consistent with state and federal laws and regulations governing access to this information. (h) The Legislature recognizes that the licensing of or limitations on the use of intellectual property should accommodate free expression and, therefore, state agencies and departments should not develop policies or procedures to license or otherwise limit the use of the state’s intellectual property in expressive works created by nonstate employees or without state funding. (Added by Stats. 2012, Ch. 463, Sec. 1. (AB 744) Effective January 1, 2013.)
  117. 13988.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2. Intellectual Property [13988 - 13988.4] ( Chapter 2 added by Stats. 2012, Ch. 463, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the chapter, including “Department,” “Databases,” “Expressive works,” “Intellectual property,” and “State funding.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2. Intellectual Property [13988 - 13988.4] ( Chapter 2 added by Stats. 2012, Ch. 463, Sec. 1. ) ## 13988.1. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter: (a) “Department” means the Department of General Services. (b) “Databases” means compilations of data, typically generated from research, sometimes from one source, but often combined from many sources. (c) “Expressive works” means a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, work of art, work of political or newsworthy value, or an advertisement or commercial announcement for any of these works, if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work. (d) “Intellectual property” means intangible assets that are subject to statutory protection under applicable patent, copyright, and trademark law. Intellectual property includes, but is not limited to, inventions, industrial designs, identifying marks and symbols, electronic publications, trade secrets, and literary, musical, artistic, photographic, and film works. (e) “State funding” shall not include either of the following: (1) Funding from the California Film and Television Tax Credit Program established pursuant to Sections 17053.85 and 23685 of the Revenue and Taxation Code and Chapter 7.75 (commencing with Section 5500) of Title 10 of the California Code of Regulations. (2) Any fee, tax, fine, or penalty assessed, collected, or received by an air pollution control district or an air quality management district, including any fee, tax, fine, or penalty that is authorized by the state but is not remitted to a state agency. However, state funding shall include a fee, tax, fine, or penalty that is collected by an air pollution control district or an air quality management district that is remitted to a state agency, such as the State Air Resources Board. (Added by Stats. 2012, Ch. 463, Sec. 1. (AB 744) Effective January 1, 2013.)
  118. 13988.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2. Intellectual Property [13988 - 13988.4] ( Chapter 2 added by Stats. 2012, Ch. 463, Sec. 1. )

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    The department must carry out several intellectual property management tasks, including tracking state-related IP, building and updating a database, and creating sample plans and guidance materials.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2. Intellectual Property [13988 - 13988.4] ( Chapter 2 added by Stats. 2012, Ch. 463, Sec. 1. ) ## 13988.2. (a) The department shall perform all of the following functions: (1) Commencing January 1, 2015, and every three years thereafter, track intellectual property generated by state employees or with state funding. (2) Develop a database that includes, but is not limited to, tracking intellectual property by category of protection, date of creation, owner of intellectual property, grantee, state agency or granting entity, sources of funding, and status of licensing, including invention utilization updates. Failure to include an item in the database does not create any presumption regarding ownership. Prior to January 1, 2018, the database shall include the summary of state-owned intellectual property found in the California State Auditor’s Report 2011-106 on intellectual property. After January 1, 2018, and every three years thereafter, the database shall be updated using information collected by the department pursuant to this section. (3) Develop a sample maintenance plan of an inventory of intellectual property. (4) Develop factors that state agencies should consider when deciding whether to sell their intellectual property or license it to others. (5) Develop an outreach campaign informing state agencies of their rights and abilities concerning intellectual property created by their employees. (6) Develop sample invention assignment agreements that state agencies can consider if they believe it is necessary to secure the rights to potentially patentable items created by their employees on worktime using state resources. (7) Develop sample language for licenses or terms-of-use agreements that state agencies can use to limit the use of their intellectual property by others to only appropriate purposes. (b) This section shall not apply to the use of expressive works created by nonstate employees or without state funding. (Added by Stats. 2012, Ch. 463, Sec. 1. (AB 744) Effective January 1, 2013.)
  119. 13988.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2. Intellectual Property [13988 - 13988.4] ( Chapter 2 added by Stats. 2012, Ch. 463, Sec. 1. )

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    State agencies and departments may share certain intellectual property records with the department on request, but department employees and former employees must not disclose protected details unless law expressly allows it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2. Intellectual Property [13988 - 13988.4] ( Chapter 2 added by Stats. 2012, Ch. 463, Sec. 1. ) ## 13988.3. (a) Notwithstanding any other law, state agencies and departments may, upon request, share records and information related to intellectual property generated by state employees or with state funding with the department. (b) Any employee or former employee of the department who has access to or knowledge of the records and information described in subdivision (a), shall not divulge or make known to any person not employed by the department in any manner not expressly permitted by law any particulars of these records or information that is restricted by law from public disclosure, or represents a first publication of research results, or information pertaining to patent rights that would not otherwise be publicly available. (Added by Stats. 2012, Ch. 463, Sec. 1. (AB 744) Effective January 1, 2013.)
  120. 13988.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2. Intellectual Property [13988 - 13988.4] ( Chapter 2 added by Stats. 2012, Ch. 463, Sec. 1. )

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    This section says the chapter does not apply to certain University of California and California State University intellectual property arrangements, to agreements under the California Stem Cell Research and Cures Bond Act, or to an agreement entered into by the California Initiative to Advance Precision Medicine. It also says the chapter does apply to state agency research funding agreements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2. Intellectual Property [13988 - 13988.4] ( Chapter 2 added by Stats. 2012, Ch. 463, Sec. 1. ) ## 13988.4. (a) This chapter shall not apply to intellectual property or intellectual property related agreements administered by the Regents of the University of California, the subcontractors of the Regents of the University of California, and the Trustees of the California State University. This chapter shall apply to a funding agreement from a state agency for the performance of research, and these funding agreements shall be subject to the model contract provisions developed pursuant to Chapter 14.27 (commencing with Section 67325) of Part 40 of Division 5 of Title 3 of the Education Code. (b) This chapter shall not apply to intellectual property agreements governed by the California Stem Cell Research and Cures Bond Act (Chapter 3 (commencing with Section 125290.10) of Part 5 of Division 106 of the Health and Safety Code). (c) This chapter shall not apply to an intellectual property agreement entered into by the California Initiative to Advance Precision Medicine pursuant to subdivision (f) of Section 65057. (Amended by Stats. 2016, Ch. 24, Sec. 28. (AB 1602) Effective June 27, 2016.)
  121. 13989.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2.5. State-Funded Research [13989 - 13989.6] ( Chapter 2.5 added by Stats. 2014, Ch. 789, Sec. 1. )

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    This act may be cited as the California Taxpayer Access to Publicly Funded Research Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2.5. State-Funded Research [13989 - 13989.6] ( Chapter 2.5 added by Stats. 2014, Ch. 789, Sec. 1. ) ## 13989. This act shall be known and may be cited as the California Taxpayer Access to Publicly Funded Research Act. (Added by Stats. 2014, Ch. 789, Sec. 1. (AB 609) Effective January 1, 2015.)
  122. 13989.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2.5. State-Funded Research [13989 - 13989.6] ( Chapter 2.5 added by Stats. 2014, Ch. 789, Sec. 1. )

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    This section defines three terms used in the chapter: peer-reviewed manuscript, research grant, and state agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2.5. State-Funded Research [13989 - 13989.6] ( Chapter 2.5 added by Stats. 2014, Ch. 789, Sec. 1. ) ## 13989.2. For the purposes of this chapter the following definitions shall apply: (a) “Peer-reviewed manuscript” means a manuscript after it has been peer reviewed and in the form in which it has been accepted for publication in a scientific journal. (b) “Research grant” means a grant to a researcher that is provided in whole or in part by a state agency. (c) “State agency” has the same meaning as defined in Section 10295.1 of the Public Contract Code (Amended by Stats. 2018, Ch. 296, Sec. 1. (AB 2192) Effective January 1, 2019.)
  123. 13989.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2.5. State-Funded Research [13989 - 13989.6] ( Chapter 2.5 added by Stats. 2014, Ch. 789, Sec. 1. )

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    The Legislature declares that state-funded scientific research should be developed and protected promptly, with public internet access provided where appropriate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2.5. State-Funded Research [13989 - 13989.6] ( Chapter 2.5 added by Stats. 2014, Ch. 789, Sec. 1. ) ## 13989.4. The Legislature finds and declares all of the following: (a) The state is home to many of the world’s top research universities, national laboratories, and leading-edge high-technology companies that generate significant intellectual property. (b) It is in the interest of the state to ensure that the results of scientific research funded by a state agency are promptly developed and protected and to ensure free public Internet access to the results, where appropriate. (c) The expansion of innovation with the investment of taxpayer dollars in the form of publicly funded grants could generate public benefit, including, but not limited to, reinvestment in research, development of new innovations, and jobs created from these types of research. (Amended by Stats. 2018, Ch. 296, Sec. 2. (AB 2192) Effective January 1, 2019.)
  124. 13989.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2.5. State-Funded Research [13989 - 13989.6] ( Chapter 2.5 added by Stats. 2014, Ch. 789, Sec. 1. )

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    State-agency research grantees must provide free public access to covered peer-reviewed manuscript publications and meet reporting and repository-access timing rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.5. TRANSPORTATION AGENCY [13975 - 13989.6] ( Heading of Part 4.5 amended by Stats. 2014, Ch. 401, Sec. 40. ) ## CHAPTER 2.5. State-Funded Research [13989 - 13989.6] ( Chapter 2.5 added by Stats. 2014, Ch. 789, Sec. 1. ) ## 13989.6. (a) (1) A grantee that receives funding, in whole or in part, in the form of a research grant from a state agency shall provide for free public access to any publication of a peer-reviewed manuscript describing state-agency-funded knowledge, a state-agency-funded invention, or state-agency-funded technology, as provided in this section. (2) When a state agency provides funding, in whole or in part, in the form of a research grant, the research grant shall include the following terms and conditions that are required to be adhered to by the grantee as a condition of receiving the research grant: (A) Grantees are responsible for ensuring that any publishing or copyright agreements concerning submitted peer-reviewed manuscripts fully comply with this section. (B) Grantees shall report to the state agency the final disposition of the peer-reviewed manuscript, including, but not limited to, if it was published, when it was published, where it was published, and, when the 12-month time period expires, where the peer-reviewed manuscript will be available for open access. (C) The state agency shall retain information regarding all issued research grants that resulted in published works. (b) For a peer-reviewed manuscript that is accepted for publication pursuant to the terms and conditions of the research grant, the grantee shall ensure that an electronic version of the peer-reviewed manuscript is available to the state agency and on an appropriate publicly accessible repository approved by the state agency, including, but not limited to, the University of California’s eScholarship Repository at the California Digital Library, the California State University’s ScholarWorks at the Systemwide Digital Library, or PubMed Central, to be made publicly available not later than 12 months after the official date of publication. The grantee shall make reasonable efforts to comply with this requirement by ensuring that his or her peer-reviewed manuscript is accessible on an approved publicly accessible repository, including notifying the state agency that the manuscript is available on a state-agency-approved repository. If the grantee is unable to ensure that his or her manuscript is accessible on an approved, publicly accessible repository, the grantee may comply by providing the manuscript to the state agency not later than 12 months after the official date of publication. (c) For publications other than those described in subdivision (b), including scientific meeting abstracts, the grantee shall comply by providing the manuscript to the state agency not later than 12 months after the official date of publication. (d) (1) Grantees are responsible for ensuring that publishing or copyright agreements concerning submitted articles fully comply with this section. (2) Nothing in this chapter shall be construed to authorize use of a peer-reviewed manuscript that would constitute an infringement of copyright under the federal copyright law described in Section 101 of Title 17 of the United States Code and following. (e) Grantees are authorized to use grant money for publication costs, including fees charged by a publisher for color and page charges, or fees for digital distribution. (f) This chapter shall not apply to a grantee that receives funding for which there is an existing publication requirement that meets or exceeds the requirements of this section, on or before the effective date of this chapter. (g) This chapter shall not apply to research grants issued prior to January 1, 2015, for the State Department of Public Health, or to research grants issued prior to January 1, 2019, for any other state agency. (Amended by Stats. 2018, Ch. 296, Sec. 3. (AB 2192) Effective January 1, 2019.)
  125. 13990.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.6. STATE TRANSPORTATION BOARD [13990- 13990.] ( Part 4.6 repealed and added by Stats. 1977, Ch. 1106. )

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    The State Transportation Board and its office are abolished, and the California Transportation Commission takes over their duties, powers, and related property.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.6. STATE TRANSPORTATION BOARD [13990- 13990.] ( Part 4.6 repealed and added by Stats. 1977, Ch. 1106. ) ## 13990. (a) The State Transportation Board and the State Transportation Board Office are hereby abolished, and the California Transportation Commission succeeds to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction of the State Transportation Board and the State Transportation Board Office. (b) Any reference in any law or regulation to the State Transportation Board or the State Transportation Board Office shall be deemed to refer to the California Transportation Commission. (c) The California Transportation Commission shall have the possession and control of all licenses, permits, leases, agreements, contracts, orders, claims, judgments, records, papers, equipment, supplies, bonds, moneys, funds, appropriations, buildings, land and other property, real or personal, held for the benefit, use, or obligation of the State Transportation Board or the State Transportation Board Office. (Repealed and added by Stats. 1977, Ch. 1106.)
  126. 13995.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 1. Legislative Intent [13995 - 13995.1] ( Article 1 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    This chapter is known and may be cited as the California Tourism Marketing Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 1. Legislative Intent [13995 - 13995.1] ( Article 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995. This chapter shall be known and may be cited as the California Tourism Marketing Act. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  127. 13995.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 1. Legislative Intent [13995 - 13995.1] ( Article 1 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    This section states the Legislature’s findings and requires the California Travel and Tourism Commission to seek industry input, align its marketing plan with industry and regional objectives, spend its budget mainly to bring travelers into California, and stay within the 15% limit for in-state travel promotion unless approved by two-thirds of the commissioners.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 1. Legislative Intent [13995 - 13995.1] ( Article 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.1. The Legislature hereby finds and declares all of the following: (a) Tourism is among California’s biggest industries, contributing over fifty-two billion dollars ($52,000,000,000) to the state economy and employing nearly 700,000 Californians in 1995. (b) In order to retain and expand the tourism industry in California, it is necessary to market travel to and within California. (c) State funding, while an important component of marketing, has been unable to generate sufficient funds to meet the threshold levels of funding necessary to reverse recent losses of California’s tourism market share. (d) In regard to the need for a cooperative partnership between business and industry: (1) It is in the state’s public interest and vital to the welfare of the state’s economy to expand the market for, and develop, California tourism through a cooperative partnership funded in part by the state that will allow generic promotion and communication programs. (2) The mechanism established by this chapter is intended to play a unique role in advancing the opportunity to expand tourism in California, and it is intended to increase the opportunity for tourism to the benefit of the tourism industry and the consumers of the State of California. (3) Programs implemented pursuant to this chapter are intended to complement the marketing activities of individual competitors within the tourism industry. (4) While it is recognized that smaller businesses participating in the tourism market often lack the resources or market power to conduct these activities on their own, the programs are intended to be of benefit to businesses of all sizes. (5) These programs are not intended to, and they do not, impede the right or ability of individual businesses to conduct activities designed to increase the tourism market generally or their own respective shares of the California tourism market, and nothing in the mechanism established by this chapter shall prevent an individual business or participant in the industry from seeking to expand its market through alternative or complementary means, or both. (6) (A) An individual business’s own advertising initiatives are typically designed to increase its share of the California tourism market rather than to increase or expand the overall size of that market. (B) In contrast, generic promotion of California as a tourism destination is intended and designed to maintain or increase the overall demand for California tourism and to maintain or increase the size of that market, often by utilizing promotional methods and techniques that individual businesses typically are unable, or have no incentive, to employ. (7) This chapter creates a mechanism to fund generic promotions that, pursuant to the required supervision and oversight of the director as specified in this chapter, further specific state governmental goals, as established by the Legislature, and result in a promotion program that produces nonideological and commercial communication that bears the characteristics of, and is entitled to all the privileges and protections of, government speech. (8) The programs implemented pursuant to this chapter shall be carried out in an effective and coordinated manner that is designed to strengthen the tourism industry and the state’s economy as a whole. (9) Independent evaluation of the effectiveness of the programs will assist the Legislature in ensuring that the objectives of the programs as set out in this section are met. (e) An industry-approved assessment provides a private-sector financing mechanism that, in partnership with state funding, will provide the amount of marketing necessary to increase tourism marketing expenditures by California. (f) The goal of the assessments is to assess the least amount per business, in the least intrusive manner, spread across the greatest practical number of tourism industry segments. (g) The California Travel and Tourism Commission shall target an amount determined to be sufficient to market effectively travel and tourism to and within the state. (h) In the course of developing its written marketing plan pursuant to Section 13995.45, the California Travel and Tourism Commission shall, to the maximum extent feasible, do both of the following: (1) Seek advice and recommendations from all segments of California’s travel and tourism industry and from all geographic regions of the state. (2) Harmonize, as appropriate, its marketing plan with the travel and tourism marketing activities and objectives of the various industry segments and geographic regions. (i) The California Travel and Tourism Commission’s marketing budget shall be spent principally to bring travelers and tourists into the state. No more than 15 percent of the commission’s assessed funds in any year shall be spent to promote travel within California, unless approved by at least two-thirds of the commissioners. (Amended by Stats. 2016, Ch. 634, Sec. 9. (SB 1479) Effective January 1, 2017.)
  128. 13995.100.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    This section says Los Angeles County’s tourism industry may be organized to create a governance structure for marketing, and it authorizes formation of a selection committee and a tourism marketing commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.100. (a) The Legislature recognizes that, because of the size and significant economic impact of the tourism industry on the economy of the County of Los Angeles, it being the second largest economic activity within the county, and due to many independent factors that have adversely affected tourism in the county, it is necessary to empower the tourism industry within the County of Los Angeles to create a governance structure in order to foster marketing efforts directed at specifically attracting tourists to the county. (b)Recognizing the importance of enabling the private-sector tourism industry within the County of Los Angeles to assess itself in order to fund tourism marketing efforts, this article shall authorize the formation of the Los Angeles County Tourism Selection Committee to be appointed by the Los Angeles County Board of Supervisors, and the Los Angeles County Tourism Marketing Commission, the members of which shall be elected by industry referendum and ex officio appointment, as set forth in this article. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  129. 13995.101.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    This section defines key terms used in the Los Angeles County Tourism Marketing article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.101. For the purposes of this article, the following definitions shall apply: (a) “County commission” means the Los Angeles County Tourism Marketing Commission. (b) “County commissioner” means a commissioner of the county commission. (c) “County selection committee” means the Los Angeles County Tourism Selection Committee described in Section 13995.102. (d) “Industry category” means the classifications within the tourism industry designated by the county selection committee, or if not so designated, then as follows: (1) Accommodations. (2) Restaurants and retail. (3) Attractions and recreation. (4) Transportation and travel services. (e) “Referendum” means any vote by mail ballot of measures recommended by the county commission in accordance with the procedure set forth in Section 13995.110. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  130. 13995.102.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    The Los Angeles County Board of Supervisors must appoint a tourism selection committee, and the committee must meet deadlines, issue recommendations, and follow membership and referendum rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.102. (a) The Los Angeles County Board of Supervisors shall appoint the Los Angeles County Tourism Selection Committee to consist of persons, or principals of entities, from within the industry categories that are to be assessed, based upon recommendations from established industry associations and destination marketing organizations within Los Angeles County. (b) The county selection committee shall consist of 24 representatives, with no fewer than three from each industry category. The county selection committee shall appoint a chair and any other officers it deems advisable. (c) The county selection committee shall convene within 150 days after the effective date of this chapter. Not later than 150 days following the initial convening of the committee, the committee shall issue a report and recommendations listing the following: (1) Industry segments that will be included in the initial referendum. (2) Percentage of funds to be levied against each industry category and segment. To the extent possible, the percentages shall be based upon quantifiable industry data. Funds to be levied against businesses shall bear an appropriate relationship to the benefit derived from travel and tourism by those businesses. (3) Assessment methodology and rate of assessment within each industry segment, that may include, but not be limited to, a percentage of gross revenue or a per transaction charge. (4) Businesses, if any, within a segment to be assessed at a reduced rate, which may be set at zero, whether temporarily or permanently, because they do not sufficiently benefit from travel and tourism. (5) Initial slate of proposed elected commissioners. The number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category. (d) Nothing in this section shall preclude the selection committee from setting the assessment rate for a business within a segment at a lower rate, which may be set at zero, than a rate applicable to other businesses within that segment if the selection committee makes specific findings that the lower rate should apply due to unique geographical, financial, or other circumstances affecting the business. No business for which a zero assessment rate is set pursuant to this subdivision shall be sent a ballot or entitled to participate in the initial referendum, or in any subsequent referendum in which its rate of assessment is set at zero. (e) The committee members for each industry category, also referred to as a subcommittee, shall prepare a recommendation for the entire committee on how the items specified in subdivision (c) should be determined for the industry segments within their industry category. The recommendations shall not include a discussion of industry category levies, which shall be determined solely by the committee. In the event that the subcommittee cannot agree on one or more of the items specified in subdivision (c), no recommendation shall be given in that category. The recommendations shall be presented to the full committee, which shall address each of the items contained in subdivision (c). (f) In order to be assessed, an industry segment shall be defined with sufficient clarity to allow for the cost-effective identification of assessed businesses within that segment. (g) It shall be the responsibility of the county selection committee to advertise widely the selection committee process and to schedule public meetings for potential assessed businesses to provide input to the selection committee. (h) The selection committee process and report shall be exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1). (i) The Los Angeles Convention and Visitors Bureau shall be asked to supply staff support to the county selection committee. The Governor’s Office of Business and Economic Development shall not be required to supply staff support to the county selection committee. (Amended by Stats. 2013, Ch. 352, Sec. 282. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  131. 13995.103.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    This section sets up the Los Angeles County tourism marketing commission and its board structure, election process, terms, officer elections, and compensation limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.103. (a) Based upon the criteria established by the county selection committee, the county commission shall be established by industry referenda within the county conducted in accordance with subdivision (d) and Section 13995.104, and shall include certain ex officio voting members provided for in subdivision (d). (b) The county commission shall be a private, nonprofit corporation under the direction of a board of county commissioners. The activities and purposes of the county commission shall be to promote tourism to and within the County of Los Angeles through marketing and other promotional efforts. (c) The board of county commissioners shall function as the board of directors for purposes of the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code). (d) The board of county commissioners shall consist of 24 members to be elected by industry category by referendum, from among individuals who are professionally active in the tourism industry, representing diverse elements of the industry. In addition, the board of county commissioners shall include the salaried chief executive officer of each convention and visitors bureau within Los Angeles County that operates either as a part of municipal government or under contract with any municipality within the county. The elected county commissioners need not be limited to representatives of assessed businesses. (e) In the referendum process, regardless of the number of ballots received for a referendum, the nominee for each county commissioner slot with the most weighted votes, based upon assessment levels, from businesses within that industry category shall be elected county commissioner. Assessed businesses shall vote only for county commissioners representing their industry category. (f) All elected county commissioners shall serve three-year terms, except that one-third of the county commissioners originally elected shall serve a one-year term, one-third shall serve a two-year term, and the remainder shall serve a three-year term. Every year thereafter, one-third of the county commissioners shall be elected by industry referendum. No county commissioner may serve for more than two consecutive terms. (g) In the event that a county commissioner resigns, dies, or is removed from office during his or her term, the county commission shall appoint a replacement from the same industry category that the previous county commissioner represented, and that county commissioner shall fill the remaining term of the previous county commissioner. (h) The county selection committee shall determine the initial slate of candidates for elected county commissioners. Thereafter, the county commissioners, by adopted resolution, shall nominate a slate of candidates, and shall include any additional candidates who may be placed on the referendum by assessed businesses under a procedure to be adopted by the county commission. (i) The county commissioners shall annually, within 60 days before commencement of the fiscal year of the county commission, elect from among the county commissioners a chair, vice-chair, secretary, and chief financial officer. (j) No person shall receive compensation as a county commissioner, but each county commissioner shall receive reimbursement from county assessments for reasonable expenses incurred while on authorized county commission business. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  132. 13995.104.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    The county commission must be a private nonprofit corporation, not a public entity, and its employees are not state or county employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.104. (a) The county commission shall be a private, nonprofit corporation, and shall not be part of state or county government, nor be construed in any other manner as a public entity. (b) No person employed by the county commission shall be a state or county employee. (c) The procedures adopted by the county commission shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1). (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  133. 13995.105.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    The county commission must adopt procedures, report annually to assessed businesses, maintain and update allocation reports, prepare a tourism marketing plan, and keep expenditures consistent with that plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.105. (a) Not later than six months following its formation, the county commission shall adopt procedures concerning the operation of the county commission in order to provide due process rights for assessed businesses. (b) The county commission shall annually provide to all assessed businesses a report on the activities and budget of the county commission including, but not limited to, income and expenses, the fund balance, a Summary Los Angeles County Tourism Marketing Plan, and a report of progress in achieving the goals set forth in the plan. (c) The county commission shall maintain a report on the percentage assessment allocation between industry categories and industry segments. The report shall also specify the reasons and methodology used for the allocations. This report shall be updated each time the assessment allocations are amended. The report shall be made available to any assessed business, but all confidential information provided shall remain confidential and not be released to any person or entity unless authorized by the county commission. (d) (1) The county commission shall annually prepare, or cause to be prepared, a Los Angeles County Tourism Marketing Plan. The county commission may amend the plan at any county commission meeting. All expenditures by the county commission shall be consistent with the marketing plan. (2) The plan shall promote travel to and within Los Angeles County, and shall include, but need not be limited to, the following: (A) An evaluation of the previous year’s budget activities. (B) Review of state, county, and local tourism trends, conditions, and opportunities. (C) Target audiences for tourism marketing expenditures. (D) Marketing strategies, objectives, and targets. (E) Budget for the current year. (3) In developing the plan, the county commission shall, to the maximum extent feasible, do both of the following: (A) Seek advice and recommendations from all segments of the county’s travel and tourism industry and from all geographic regions of the county. (B) Harmonize, as appropriate, the plan with the travel and tourism marketing activities and objectives of the various industry segments and geographic regions. (e) The county commission may establish committees and may appoint noncommissioners to its committees. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  134. 13995.106.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    County commissioners and county commission employees are not individually liable for good faith activities of the commission, commissioners, or employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.106. County commissioners and employees of the county commission shall not be individually liable in any way to any person for any good faith activity of the county commission, county commissioners, or employees. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  135. 13995.107.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    The county commission can be terminated after its first four years if the assessed businesses approve a referendum, and notice of termination must be mailed to all assessed businesses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.107. The county commission may be terminated at any time after the initial four years of operation by referendum of the assessed businesses. Notice of the termination shall be mailed to all assessed businesses. Upon termination, the county commission shall continue its existence as a nonprofit corporation for purposes of winding up its affairs and dissolution. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  136. 13995.108.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    The county may require assessed businesses to keep records, provide information, and allow inspection. Related information held by the county treasurer/tax collector must be kept confidential, with limited disclosure exceptions, and some assessment-level information is exempt from the California Public Records Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.108. (a) The county may require assessed businesses to maintain books and records that reflect their income or sales as reflected in the assessment, and to furnish the county treasurer/tax collector with any information that may, from time to time, be requested by the treasurer/tax collector, and to permit the inspection by the treasurer/tax collector of portions of books and records that relate to the amount of assessment. (b) Information pertaining to assessed businesses obtained by the county treasurer/tax collector pursuant to this chapter shall be confidential and shall not be disclosed except to a person with authority to obtain the information, any attorney hired by the county treasurer/tax collector who is employed to give legal advice upon that information, or by court order. (c) Information obtained by the county treasurer/tax collector in order to determine the assessment level for an assessed business shall be exempt from the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  137. 13995.109.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    The county commission must recommend referendum-approved assessments to the board of supervisors, and the county treasurer/tax collector must collect approved assessments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.109. (a) The county commission shall recommend the assessments approved by the industry referendum to the board of supervisors. Upon approval by the board of supervisors, the Los Angeles County Treasurer/Tax Collector shall collect all assessments so approved. In that collection effort, the county treasurer/tax collector may utilize its police powers, and pursue actions and penalties set forth in Article 8 (commencing with Section 13995.80) in the collection of all county assessments. (b) Direct and actual expenses associated with the collection of assessments by the county commission or the county treasurer/tax collector shall be reimbursed from the assessments collected. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  138. 13995.110.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    This section delays when a required referendum may begin and assigns the county commission, county officials, and industry participants roles in running and funding the referendum process.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.110. (a) No referendum required under this article shall be undertaken until any of the following occurs, whichever is earliest: (1) A statewide referendum held pursuant to this chapter has obtained a passing vote in the County of Los Angeles. (2) Two statewide referenda have been held pursuant to this chapter. (3) July 1, 1998. (b) Referenda required under this article shall be conducted in a similar manner as provided in Article 6 (commencing with Section 13995.60) as follows: (1) The county commission shall undertake all duties, and act in all respects, in place of the California Tourism Marketing Commission, and either the county or the county treasurer/tax collector, as designated in this article, shall act in place of the Director of the Governor’s Office of Business and Economic Development. (2) The initial assessment target for the county commission shall be set by the county selection committee. (3) The first referendum shall be initiated by industry members, with all costs of marketing and promoting of the initial referendum to be provided by the tourism industry. (4) Each referendum may cover one or more of the following subjects: (A) Assessment level based upon specified assessment formula. (B) Amended industry segment allocation formulae. (C) Percentage allocation of assessments between industry categories and segments. (D) Election of county commissioners subject to election by referendum. (E) Termination of the county commission. (F) Whether to establish, continue, or reestablish an assessment. (5) The costs of all marketing and promoting of all referenda following the initial referendum shall be paid by the county commission from assessments collected. The county commission may reimburse those who have contributed to the costs of the initial referendum from proceeds raised from assessments collected from the initial referendum. (Amended by Stats. 2013, Ch. 352, Sec. 283. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  139. 13995.111.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    County bodies must set and administer tourism assessments through committees, resolutions, referendum approval, and billing rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.111. Assessments shall be set by the county commission, as follows: (a) Each industry category shall establish a committee to determine the following within its industry category: industry segments, assessment formulae for each industry segment, and any type of business exempt from assessment. The committees shall be selected by the county commission based upon recommendations from the tourism industry. Committee members need not be commission members. (b) The committee recommendations shall be presented to the county commission. The county commission may adopt a resolution specifying one or more of the items listed in subdivision (a), plus an allocation of the proposed assessment. The county commission shall consider the recommendations of any committee. (c) The initial industry category and industry segment allocations shall be as set in the Selection Committee Report required by subdivision (b) of Section 13995.30. Changes to the industry segment allocation formulae may be recommended to the county commission by a segment committee. At the same meeting, the county commission may amend the percentage allocations among industry categories. Any item discussed in this section that is approved by resolution of the county commission, except amendments to the percentage allocations among industry categories, shall be placed on the next referendum, and adopted if approved by the weighted majority of votes cast. All industry segment members shall be subject to any duly approved assessments. (d) Upon approval by referendum, and recommendation to the county by the county commission, the county treasurer/tax collector shall calculate the assessments due for each assessed business and mail an assessment bill to each assessed business. The county treasurer/tax collector may stagger the assessment collection throughout the year, and charge businesses a prorated amount of assessment based on the staggered assessment period. The county treasurer/tax collector shall not divulge the amount of assessment or weighted votes of any assessed businesses, except as part of an assessment action. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  140. 13995.112.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    An assessed business may appeal an assessment to the county commission if it says the business does not fit the assessed-business definition or the assessment amount is wrong.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.112. An assessed business may appeal an assessment to the county commission upon the basis that the business does not meet the definition established for an assessed business within its industry segment, or that the level of assessment is incorrect. If the error is based upon failure of the business to provide the required information in a timely manner, the county commission may recommend to the county a fine to be collected by the county treasurer/tax collector as a condition of correcting the assessment. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  141. 13995.113.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The county treasurer/tax collector must collect the assessment from assessed businesses, may use enforcement actions, and must send businesses a form to gather information needed to determine the assessment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.113. (a) The county treasurer/tax collector shall collect the assessment from all assessed businesses, and, in collecting an assessment, may bring enforcement actions. (b) Funds collected shall be deposited into an account or accounts for the benefit of the county commission, subject to the county treasurer/tax collector’s authority under Section 13995.109 to reimburse his or her office for direct and actual expenses associated with the collection of assessments. These accounts shall not be accounts of the state or county government. (c) The county treasurer/tax collector shall mail to each business identified pursuant to subdivision (a) of Section 13995.111 a form requesting information necessary to determine the assessment for that business. Any business failing to provide this information in a timely manner shall be assessed an amount determined by the county treasurer/tax collector to represent the upper assessment level for that segment. (d) The assessed funds shall be audited annually. (e) The assessed funds shall be under the control of the county commission, which shall spend the funds consistent with commission policies and the Los Angeles County Tourism Marketing Plan. Neither the state nor the county shall have any interest in the fund except the general interest that the state has in nonprofit corporations. (f) Direct and actual expenses incurred by the county in implementing this article shall be reimbursed from the assessed funds. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  142. 13995.114.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    This section lets the county treasurer/tax collector collect unpaid assessments, add a late-payment penalty, and require some advance deposits. It also lets the county commission handle contributions and later return or use remaining funds under specified conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.114. (a) Any assessment levied as provided in this article is a debt of the business so assessed and shall be due and payable at the direction of the county treasurer/tax collector. If any assessed business fails to pay any assessment, the county treasurer/tax collector may file a complaint in a state court of competent jurisdiction for the collection of the assessment. (b) If any assessed business that is duly assessed pursuant to this article fails to pay the assessed amount by the due date, the county treasurer/tax collector may add to the unpaid assessment an amount not to exceed 10 percent of the unpaid assessment to defray the cost of enforcing the collection of the unpaid assessment. In addition to payment for the cost of enforcing a collection, the assessed business shall pay a penalty equivalent to the lesser of either the maximum amount authorized by Section 1 of Article XV of the California Constitution or 5 percent for each 30 days the assessment is unpaid, prorated over the days unpaid, commencing 30 days after the notice has been given to the assessed business of its failure to pay the assessment on the date required, unless the county treasurer/tax collector determines that the failure to pay is due to reasonable cause beyond the control of the assessed business. (c) (1) The county treasurer/tax collector may require assessed businesses to deposit in advance the following amounts: (A) An amount for necessary expenses. (B) An amount that shall not exceed 25 percent of the assessment to cover costs that are incurred prior to the receipt of sufficient funds from the assessment. (2) The amount of any deposit that is required shall be based upon the estimated assessment for the assessed business. (d) In lieu of requiring advance deposits, or in order generally to provide funds for defraying administrative expenses or the expenses of implementing the Los Angeles County Tourism Marketing Plan until sufficient moneys are collected for this purpose from the payment of the assessments that are established pursuant to this article, the county commission may receive and disburse for those express purposes, contributions that are made by assessed businesses. However, if collections from the payment of established assessments are sufficient, the county commission may authorize the repayment of contributions, or authorize the application of the contributions to the assessment obligations of persons who made the contributions. (e) Upon termination of the county commission, any remaining funds that are not required to defray commission expenses shall be returned, upon a pro rata basis, to all persons from whom the assessments were collected. (f) Any check or warrant that is drawn against the funds of the county commission that remains unclaimed or uncashed for a period of six months from the date of issuance shall be canceled and the money retained for disbursement to the original payee or claimant upon satisfactory identification for a period of one year from the time the check or warrant is canceled. The money so retained, if not claimed within the period of one year, shall be used for administration of the county commission and in furtherance of the Los Angeles County Tourism Marketing Plan. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  143. 13995.115.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The county commission must separately contract with the Los Angeles Convention and Visitors Bureau as its administrative contractor for the county marketing plan. It may also borrow money and hypothecate anticipated assessment collections if it believes that doing so will help administer the plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.115. The county commission shall separately contract with the Los Angeles Convention and Visitors Bureau to serve as its administrative contractor in the promotion, implementation, and administration of the Los Angeles County Marketing Plan adopted by the county commission. If the county commission believes that the administration of the county marketing plan will be promoted thereby, the commission may borrow money, with or without interest, to carry out the provisions of the county marketing plan, and may hypothecate anticipated assessment collections. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  144. 13995.116.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    This article is subject to Articles 8 and 9, and for Article 8 the county or county treasurer/tax collector acts instead of the Director of the Governor’s Office of Business and Economic Development.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.116. This article is subject to Article 8 (commencing with Section 13995.80) and Article 9 (commencing with Section 13995.90) except that, as to Article 8, either the county or the county treasurer/tax collector, as designated in this article, shall act in the place of the Director of the Governor’s Office of Business and Economic Development in all respects. (Amended by Stats. 2013, Ch. 352, Sec. 284. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  145. 13995.117.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    Certain travel agencies and tour operators are exempt from these assessments if less than 20% of their gross revenue comes from travel and tourism in the state.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.117. A business is exempt from the assessments provided for in this chapter if the business is a travel agency or tour operator that derives less than 20 percent of its gross revenue from travel and tourism occurring within the state. A travel agency or tour operator that qualifies for this exemption may pay the assessment by filing a written request with the commission indicating its desire to be categorized as an assessed business. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  146. 13995.118.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    This article becomes operative only if the Los Angeles County Board of Supervisors adopts, by majority vote, a resolution applying the article in the county.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 10. Los Angeles County Tourism Marketing [13995.100 - 13995.118] ( Article 10 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.118. This article shall become operative only upon adoption by the Los Angeles County Board of Supervisors of a resolution by majority vote making the provisions of this article applicable in that county. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004. Note: Operational condition applies to Article 10, commencing with Section 13995.100.)
  147. 13995.150.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1.5. California Welcome Centers [13995.150 - 13995.155] ( Chapter 1.5 added by Stats. 2004, Ch. 296, Sec. 1. )

    Verify source ↗

    The Legislature states that California Welcome Centers are a statewide network of visitor information centers meant to be easy for tourists to access and recognize.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1.5. California Welcome Centers [13995.150 - 13995.155] ( Chapter 1.5 added by Stats. 2004, Ch. 296, Sec. 1. ) ## 13995.150. The Legislature finds and declares that a statewide network of visitor information centers, to be known as California Welcome Centers, that are readily accessible to and recognizable by tourists, would encourage tourism in California and provide benefits to the state economy. (Added by Stats. 2004, Ch. 296, Sec. 1. Effective August 25, 2004.)
  148. 13995.151.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1.5. California Welcome Centers [13995.150 - 13995.155] ( Chapter 1.5 added by Stats. 2004, Ch. 296, Sec. 1. )

    Verify source ↗

    The Office of Tourism must set up and manage a statewide network of California Welcome Centers, including operating requirements, a logo, sign coordination, and fee collection.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1.5. California Welcome Centers [13995.150 - 13995.155] ( Chapter 1.5 added by Stats. 2004, Ch. 296, Sec. 1. ) ## 13995.151. For the purpose of establishing and enhancing a statewide network of California Welcome Centers, the Office of Tourism shall perform the following functions and activities: (a) Designate a statewide network of California Welcome Centers to be operated by one or more entities that include, but are not limited to, convention centers and visitor bureaus, chambers of commerce, local governments, state government, federal government, or private entities. The Office of Tourism may designate California Welcome Centers through the solicitation of offers to negotiate or proposals from interested entities. Only an entity that applies for designation as a California Welcome Center may be so designated by the Office of Tourism. Criteria for designation shall include, but not be limited to, accessibility, proximity to tourist attractions, size, appearance, and maintenance. The Office of Tourism may limit the number of designated California Welcome Centers within any geographic area of the state if necessary to prevent an excessive density of centers. (b) Establish requirements for the operation of a designated California Welcome Center. These requirements shall be included in the written agreement with the operating entity and shall require, at a minimum, that the entity operate at hours convenient to visitors and display visitor information produced by government entities at no cost to those entities. The requirements may vary according to local conditions and needs. An agreement between the state and the operating entity pursuant to this section shall not be construed as an agreement for the provision of services to the state, or by the state. Nothing in this subdivision shall preclude a California Welcome Center from displaying visitor information produced by a tourism-related trade association or any other appropriate entity. (c) Designate a logo for California Welcome Centers. The words “California Welcome Center” and the name of the location of the center, as designated by the Office of Tourism, shall be displayed prominently on the exterior of any California Welcome Center. (d) Consult with the Department of Transportation in the design and placement of California Welcome Center highway signs to ensure that the design and placement of the highway signs are reasonably consistent with state and federal standards. (e) (1) Except as provided in paragraph (3), prior to the costs being incurred, collect fees from any entity operating a California Welcome Center in an amount sufficient to cover the costs incurred by the state in administering this section. However, the Department of Transportation may charge centers directly for its initial and ongoing costs and fees related to highway sign production, construction, maintenance, and permitting, pursuant to Section 13995.152. (2) Fees collected by the Office of Tourism pursuant to paragraph (1) shall be deposited in the Welcome Center Fund, which is hereby established in the State Treasury, to be available, upon appropriation by the Legislature, to the office to cover its costs in implementing this chapter. (3) Notwithstanding paragraph (1), the office may, for the first 90 days after the effective date of this chapter, incur costs in administering its provisions prior to the collection of fees as described in paragraph (1). These costs shall be reimbursed by the appropriation of funds from the Welcome Center Fund. (Added by Stats. 2004, Ch. 296, Sec. 1. Effective August 25, 2004.)
  149. 13995.152.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1.5. California Welcome Centers [13995.150 - 13995.155] ( Chapter 1.5 added by Stats. 2004, Ch. 296, Sec. 1. )

    Verify source ↗

    The Department of Transportation must install and maintain California Welcome Center highway signs when the Office of Tourism requests it, to the maximum extent feasible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1.5. California Welcome Centers [13995.150 - 13995.155] ( Chapter 1.5 added by Stats. 2004, Ch. 296, Sec. 1. ) ## 13995.152. The Department of Transportation shall, to the maximum extent feasible, install and maintain California Welcome Center highway signs when requested by the Office of Tourism. (Added by Stats. 2004, Ch. 296, Sec. 1. Effective August 25, 2004.)
  150. 13995.153.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1.5. California Welcome Centers [13995.150 - 13995.155] ( Chapter 1.5 added by Stats. 2004, Ch. 296, Sec. 1. )

    Verify source ↗

    The operator of a California Welcome Center must bear the costs of its ongoing maintenance and operation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1.5. California Welcome Centers [13995.150 - 13995.155] ( Chapter 1.5 added by Stats. 2004, Ch. 296, Sec. 1. ) ## 13995.153. Costs associated with the ongoing maintenance and operation of centers shall be borne by the entity operating a California Welcome Center. (Added by Stats. 2004, Ch. 296, Sec. 1. Effective August 25, 2004.)
  151. 13995.154.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1.5. California Welcome Centers [13995.150 - 13995.155] ( Chapter 1.5 added by Stats. 2004, Ch. 296, Sec. 1. )

    Verify source ↗

    Every state government entity must cooperate with the Office of Tourism to help carry out this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1.5. California Welcome Centers [13995.150 - 13995.155] ( Chapter 1.5 added by Stats. 2004, Ch. 296, Sec. 1. ) ## 13995.154. Every entity of state government shall cooperate with the Office of Tourism to further the provisions of this chapter. (Added by Stats. 2004, Ch. 296, Sec. 1. Effective August 25, 2004.)
  152. 13995.155.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1.5. California Welcome Centers [13995.150 - 13995.155] ( Chapter 1.5 added by Stats. 2004, Ch. 296, Sec. 1. )

    Verify source ↗

    If the Office of Tourism drafts regulations for this chapter, it must submit them to the California Tourism Commission for review before adoption.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1.5. California Welcome Centers [13995.150 - 13995.155] ( Chapter 1.5 added by Stats. 2004, Ch. 296, Sec. 1. ) ## 13995.155. If the Office of Tourism drafts regulations to implement this chapter, the office shall submit the regulations to the California Tourism Commission for the commission’s review prior to the adoption of the regulations. (Added by Stats. 2004, Ch. 296, Sec. 1. Effective August 25, 2004.)
  153. 13995.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 2. Definitions [13995.20- 13995.20.] ( Article 2 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    This section defines key terms used in the chapter, including assessed business, commission, director, person, referendum, and maximum assessment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 2. Definitions [13995.20- 13995.20.] ( Article 2 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.20. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) “Appointed commissioner” means a commissioner appointed by the Governor pursuant to paragraph (2) of subdivision (b) of Section 13995.40. (b) “Assessed business” means a person required to pay an assessment pursuant to this chapter, and until the first assessment is levied, any person authorized to vote for the initial referendum. An assessed business shall not include a public entity or a corporation when a majority of the corporation’s board of directors is appointed by a public official or public entity, or serves on the corporation’s board of directors by virtue of being elected to public office, or both. (c) “Commission” means the California Travel and Tourism Commission. (d) “Director” means the Director of the Governor’s Office of Business and Economic Development. (e) “Elected commissioner” means a commissioner elected pursuant to subdivision (d) of Section 13995.40. (f) “Industry category” means the following classifications within the tourism industry: (1) Accommodations. (2) Restaurants and retail. (3) Attractions and recreation. (4) Transportation and travel services, other than passenger car rental. (5) Passenger car rental. (g) “Industry segment” means a portion of an industry category. For example, motor home rentals are an industry segment of the transportation and travel services industry category. (h) “Maximum assessment” means a dollar amount, adopted by the commission, over which an assessed business shall not be required to pay. The commission may adopt differing amounts of maximum assessment for each industry category or industry segment. (i) “Office” means the Office of Tourism, also popularly referred to as the Division of Tourism, within the Governor’s Office of Business and Economic Development. (j) “Person” means an individual, public entity, firm, corporation, association, or any other business unit, whether operating on a for-profit or nonprofit basis. (k) “Referendum” means any vote by mailed ballot of measures recommended by the commission and approved by the director pursuant to Section 13995.60, except for the initial referendum, which shall consist of measures contained in the selection committee report, discussed in Section 13995.30. (l) “Selection committee” means the Tourism Selection Committee described in Article 3 (commencing with Section 13995.30). (Amended by Stats. 2013, Ch. 353, Sec. 83. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  154. 13995.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 3. Tourism Selection Committee [13995.30- 13995.30.] ( Article 3 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The Governor must appoint a Tourism Selection Committee, the committee must be 25 members with at least six from each industry category, and the committee must produce a report and related recommendations on a set schedule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 3. Tourism Selection Committee [13995.30- 13995.30.] ( Article 3 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.30. (a) The Governor shall appoint a Tourism Selection Committee based upon recommendations from established industry associations. The committee shall consist of 25 representatives, with no fewer than six from each industry category. In selecting the representatives, the Governor shall, to the extent possible, give recognition to the diversity within each industry category. The committee shall select a chairperson from among its members. The office shall provide staffing for the committee. (b) The selection committee shall convene on or before March 1, 1996. Not later than 150 days following the initial convening of the committee, the committee shall issue a report listing the following: (1) Industry segments that will be included in the initial referendum. (2) The target assessment level for the initial referendum. (3) Percentage of funds to be levied against each industry category and segment. To the extent possible, the percentages shall be based upon quantifiable industry data, and amounts to be levied against industry segments shall bear an appropriate relationship to the benefit derived from travel and tourism by those industry segments. (4) Assessment methodology and rate of assessment within each industry segment, that may include, but is not limited to, a percentage of gross revenue or a per transaction charge. (5) Businesses, if any, within a segment to be assessed at a reduced rate, which may be set at zero, whether temporarily or permanently. (6) Initial slate of proposed elected commissioners. The number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category. (c) Nothing in this section shall preclude the selection committee from setting the assessment rate for a business within a segment at a lower rate, which may be set at zero, than a rate applicable to other businesses within that segment if the selection committee makes specific findings that the lower rate should apply due to unique geographical, financial, or other circumstances affecting the business. No business for which a zero assessment rate is set pursuant to this subdivision shall be sent a ballot or entitled to participate in the initial referendum, or in any subsequent referendum in which its rate of assessment is set at zero. (d) The committee members for each industry category, also referred to as a subcommittee, shall prepare a recommendation for the entire committee on how the items specified in subdivision (b) should be determined for the industry segments within their industry category. The recommendations shall not include a discussion of industry category levies, which shall be determined solely by the committee. In the event that the subcommittee cannot agree on one or more of the items specified in subdivision (b), no recommendation shall be given in that category. The recommendations shall be presented to the full committee, which shall address each of the items contained in subdivision (b). (e) In order to be assessed, an industry segment must be defined with sufficient clarity to allow for the cost-effective identification of assessed businesses within that segment. (f) It shall be the responsibility of the office to advertise widely the selection committee process and to schedule public meetings for potential assessed businesses to provide input to the selection committee. (g) The recommendations developed by the committee pursuant to subdivision (b) shall be reviewed and approved by the director. (h) The selection committee process and report are exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1). (Amended by Stats. 2013, Ch. 352, Sec. 256. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  155. 13995.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    This section creates the California Travel and Tourism Commission and sets how its commissioners are chosen, replaced, paid, and governed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.40. (a) Upon approval of the initial referendum, the office shall establish a nonprofit mutual benefit corporation named the California Travel and Tourism Commission. The commission shall be under the direction of a board of commissioners, which shall function as the board of directors for purposes of the Nonprofit Corporation Law. (b) The board of commissioners shall consist of 37 commissioners comprising the following: (1) The director. (2) (A) Twelve commissioners, who are professionally active in the tourism industry, and whose primary business, trade, or profession is directly related to the tourism industry, shall be appointed by the Governor. Each appointed commissioner shall represent only one of the 12 tourism regions designated by the office, and the appointed commissioners shall be selected so as to represent, to the greatest extent possible, the diverse elements of the tourism industry. Appointed commissioners are not limited to individuals who are employed by or represent assessed businesses. (B) If an appointed commissioner ceases to be professionally active in the tourism industry or his or her primary business, trade, or profession ceases to be directly related to the tourism industry, he or she shall automatically cease to be an appointed commissioner 90 days following the date on which he or she ceases to meet both of the eligibility criteria specified in subparagraph (A), unless the commissioner becomes eligible again within that 90-day period. (3) Twenty-four elected commissioners, including at least one representative of a travel agency or tour operator that is an assessed business. (c) The commission established pursuant to former Section 15364.52 shall be inoperative so long as the commission established pursuant to this section is in existence. (d) Elected commissioners shall be elected by industry category in a referendum. Regardless of the number of ballots received for a referendum, the nominee for each commissioner slot with the most weighted votes from assessed businesses within that industry category shall be elected commissioner. In the event that an elected commissioner resigns, dies, or is removed from office during his or her term, the commission shall appoint a replacement from the same industry category that the commissioner in question represented, and that commissioner shall fill the remaining term of the commissioner in question. The number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category. (e) The director may remove any elected commissioner following a hearing at which the commissioner is found guilty of abuse of office or moral turpitude. (f) (1) The term of each elected commissioner shall commence July 1 of the year next following his or her election, and shall expire on June 30 of the fourth year following his or her election. If an elected commissioner ceases to be employed by or with an assessed business in the category and segment which he or she was representing, his or her term as an elected commissioner shall automatically terminate 90 days following the date on which he or she ceases to be so employed, unless, within that 90-day period, the commissioner again is employed by or with an assessed business in the same category and segment. (2) Terms of elected commissioners that would otherwise expire effective December 31 of the year during which legislation adding this subdivision is enacted shall automatically be extended until June 30 of the following year. (g) With the exception of the director, no commissioner shall serve for more than two consecutive terms. For purposes of this subdivision, the phrase “two consecutive terms” shall not include partial terms. (h) Except for the original commissioners, all commissioners shall serve four-year terms. One-half of the commissioners originally appointed or elected shall serve a two-year term, while the remainder shall serve a four-year term. Every two years thereafter, one-half of the commissioners shall be appointed or elected by referendum. (i) The selection committee shall determine the initial slate of candidates for elected commissioners. Thereafter the commissioners, by adopted resolution, shall nominate a slate of candidates, and shall include any additional candidates complying with the procedure described in Section 13995.62. (j) (1) The commissioners appointed pursuant to subparagraph (A) of paragraph (2) of subdivision (b) shall elect the chairperson. (2) The commissioners selected pursuant to subdivision (d) shall elect the vice chairperson. (k) The commission may lease space from the office. (l) The commission and the office shall be the official state representatives of California tourism. (m) (1) All commission meetings shall be held in California. (2) Commissioners may participate in meetings by means of conference telephone and other technology. (n) No person shall receive compensation for serving as a commissioner, but each commissioner shall receive reimbursement for reasonable expenses incurred while on authorized commission business. (o) Assessed businesses shall vote only for commissioners representing their industry category. (p) Commissioners shall comply with the requirements of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). The Legislature finds and declares that commissioners appointed or elected on the basis of membership in a particular tourism segment are appointed or elected to represent and serve the economic interests of those tourism segments and that the economic interests of these members are the same as those of the public generally. (q) Commission meetings shall be subject to the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1). (r) The executive director of the commission shall serve as secretary to the commission, a nonvoting position, and shall keep the minutes and records of all commission meetings. (Amended by Stats. 2016, Ch. 31, Sec. 124. (SB 836) Effective June 27, 2016.)
  156. 13995.40.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    Commissioners from each industry category are allocated based on the weighted percentage of assessments from that category, but the passenger car rental category may have no more than six commissioners.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.40.5. Notwithstanding subdivision (d) of Section 13995.40, the number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category, except that no more than six commissioners shall be elected from the passenger car rental category. (Amended by Stats. 2014, Ch. 401, Sec. 44. (AB 2763) Effective January 1, 2015.)
  157. 13995.41.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The commission’s purpose is to increase travel to and within California.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.41. The purpose of the commission is to increase the number of persons traveling to and within California. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  158. 13995.42.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The commission must adopt operating procedures within six months after the initial referendum, and those procedures are exempt from the Administrative Procedure Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.42. (a) The commission is a separate, independent California nonprofit mutual benefit corporation. Except as provided in Section 13995.43, the staff of the commission shall be employees solely of the commission, and the procedures adopted by the commission shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1). (b) Not later than six months following the initial referendum, the commission shall adopt procedures concerning the operation of the commission in order to provide due process rights for assessed businesses. (c) In the event that the commission fails to adopt the procedures described in subdivision (b) within the specified timeframe, the director shall adopt procedures for use by the commission until the commission adopts its own procedures. These procedures shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1), whether adopted by the commission or director. (Amended by Stats. 2013, Ch. 352, Sec. 258. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  159. 13995.43.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The commission is run by an executive director, who must report to the commission and the director, implement the tourism marketing plan, and serve as the office director.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.43. (a) The commission shall be administered by an executive director. That individual shall be a tourism industry marketing professional, recommended by a vote of the commissioners and approved by the Governor. The executive director shall serve at the pleasure of both the commissioners and the Governor. (b) The executive director shall report to and receive overall guidance from the commission, and shall implement the commission’s tourism marketing plan. The executive director shall report to the director for day-to-day managerial and financial responsibilities. (c) The executive director shall serve as the director of the office and shall be an exempt employee, employed by the state. Notwithstanding any other provision of law, the executive director may supervise both employees of the commission and employees of the office, notwithstanding the fact that the commission employees are employees solely of the commission. (d) The salary and benefits of the executive director shall be determined by the commission, and approved by the director, based upon industry standards for a director of a marketing budget of similar size. The entire salary and all benefits of the executive director shall be paid from assessments. (Amended by Stats. 2013, Ch. 352, Sec. 259. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  160. 13995.44.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The commission must give an annual report to specified businesses and legislative budget leaders, post it on its website, keep and update a report on assessment allocations, and make that report available to assessed businesses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.44. (a) (1) The commission shall annually provide to all assessed businesses, the chairperson of the Joint Legislative Budget Committee, and the chairpersons of the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review a report on the activities and budget of the commission including, but not limited to, income and expenses, the fund balance, a summary of the tourism marketing plan, and a report of progress in achieving the goals set forth in the plan. The portions of the report that pertain to the commission’s income and expenses and the fund balance, as well as those other portions that the commission may from time to time deem appropriate, shall be audited by independent accountants retained by the commission for this purpose. The commission shall also annually post the report on its internet website. (2) The commission’s annual budget shall be subject to the review and approval of the director. However, any decision of the director related to the budget may be overridden by a vote of three-fifths or more of the commissioners then in office. (b) The commission shall maintain a report on the percentage assessment allocation between industry categories and industry segments. The report shall also specify the reasons and methodology used for the allocations. This report shall be updated every time the assessment allocations are amended. The report shall be made available to any assessed business. (Amended by Stats. 2021, Ch. 74, Sec. 19. (SB 151) Effective July 12, 2021.)
  161. 13995.45.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The commission must prepare an annual written marketing plan and keep expenditures consistent with it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.45. (a) The commission shall annually prepare, or cause to be prepared, a written marketing plan. In developing the plan, the commission shall utilize, as appropriate, the advice and recommendations of the industry marketing advisory committee or committees established pursuant to subdivision (a) of Section 13995.47. The commission may amend the plan at any commission meeting. All expenditures by the commission shall be consistent with the marketing plan. (b) The plan shall promote travel to and within California, and shall include, but not be limited to, the following: (1) An evaluation of the previous year’s budget and activities. (2) Review of California tourism trends, conditions, and opportunities. (3) Target audiences for tourism marketing expenditures. (4) Marketing strategies, objectives, and targets. (5) Budget for the current year. (c) Before final adoption of the plan, the commission shall provide each known destination marketing organization in California notice of the availability of the proposed marketing plan and suitable opportunity, which may include public meetings, to review the plan and to comment upon it. The commission shall take into consideration any recommendations submitted by the destination marketing organizations, except that the final determination as to the nature, extent, and substance of the plan shall in all respects rest solely within the ultimate discretion of the commission, except as provided in subdivision (d). (d) The final adoption of the plan shall be subject to the review and approval of the director. However, any decision of the director related to the plan may be overridden by a vote of three-fifths or more of the commissioners then in office. (Amended by Stats. 2013, Ch. 352, Sec. 261. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  162. 13995.46.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    Commissioners and commission employees are not individually liable for the commission’s good-faith activities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.46. Commissioners and employees of the commission are not responsible individually in any way whatsoever to any person for liability for any good faith activity of the commission. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  163. 13995.47.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The commission must create industry marketing advisory committees and set procedures for how they operate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.47. (a) The commission shall establish one or more industry marketing advisory committees, which may include noncommissioners as members. The industry marketing advisory committees shall be structured so that, in the aggregate, they include, to the maximum extent feasible and reasonable, representation from every geographic region of the state and every segment of the state’s travel and tourism industry. The commission shall establish procedures for the operation of the industry marketing advisory committees that will provide appropriate opportunity for every geographic region of the state and every segment of the travel and tourism industry to offer advice and recommendations to the commission relative to the development of its written marketing plan pursuant to Section 13995.45. (b) The commission may also establish from time to time any other committees it deems appropriate, and may appoint noncommissioners to the committees. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  164. 13995.48.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The commission may borrow money and may hypothecate anticipated assessment collections if it believes doing so will promote administration of the marketing plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.48. If the commission believes that the administration of the marketing plan will be promoted thereby, the commission may borrow money, with or without interest, to carry out the provisions of the marketing plan, and may hypothecate anticipated assessment collections. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  165. 13995.49.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The commission may accept a voluntary assessment by written contract from a person in the travel and tourism business who is not an assessed business.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 4. Commission [13995.40 - 13995.49] ( Article 4 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.49. The commission may by written contract accept a voluntary assessment from any person in a travel and tourism related business who is not an assessed business. The contract shall apply solely to the person in question and not to any other person in a travel and tourism related business that is not an assessed business. The contract shall provide that the voluntary assessment be proportionately equivalent to the assessment that would be levied if the person were an assessed business under this chapter, shall permit that business to vote on any referendum conducted under this chapter as if that person were an assessed business, and shall have a term concurrent with the effective period of any referendum on which the person votes. Individual voluntary assessments under this section shall be enforceable only under the terms of the respective contracts to which they pertain. This section shall not be construed to preclude donations to, or cooperative marketing activities of any kind with, the commission on the part of any person. (Amended by Stats. 2006, Ch. 790, Sec. 6. Effective January 1, 2007.)
  166. 13995.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. )

    Verify source ↗

    California tourism marketing is declared a matter of public interest, and state police powers may be used to collect unpaid assessments by director-set deadlines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. ) ## 13995.50. (a) The marketing of California tourism is hereby declared to be affected with the public interest. This chapter is enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (b) The police powers shall be used to collect assessments not paid by the deadlines established by the director. (Amended by Stats. 2013, Ch. 352, Sec. 262. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  167. 13995.51.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. )

    Verify source ↗

    The director is responsible for specified powers, and the commission may exercise them when the director does not. The director also has veto power over commission actions in certain listed situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. ) ## 13995.51. (a) The following powers, and any other powers provided in this act, with the exception of the exercising of police powers and of that power enumerated in subdivision (b), shall be the responsibility of the director and, when not exercised by the director, may be exercised by the commission: (1) Call referenda in accordance with the procedures set forth in Article 6 (commencing with Section 13995.60) and certify the results. (2) Collect and deposit assessments. (3) Exercise police powers. (4) Pursue actions and penalties connected with assessments. (b) Except as otherwise specified in this chapter, the director shall have veto power over the actions of the commission, following consultation with the commission, only under the following circumstances: (1) Travel and expense costs. (2) Situations where the director determines a conflict of interest exists, as defined by the Fair Political Practices Commission. (3) The use of any state funds. (4) Any contracts entered into between the commission and a commissioner. (Amended by Stats. 2013, Ch. 352, Sec. 263. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  168. 13995.52.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. )

    Verify source ↗

    The commission may be terminated by referendum, and notice of termination must be mailed to all assessed businesses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. ) ## 13995.52. (a) Except as otherwise specified in Section 13995.70, the commission may be terminated by referendum of the assessed businesses pursuant to Section 13995.60 or at any time by a referendum called by 10 percent of the assessed businesses, calculated by weighted percentages. (b) Notice of the termination shall be mailed to all assessed businesses. (c) Upon termination, the commission shall continue its existence as a nonprofit corporation for purposes of winding up its affairs and dissolution. (d) Upon termination of the commission established pursuant to this chapter, the California Tourism Commission shall advise the office, and conduct all other tasks authorized by the California Tourism Policy Act. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  169. 13995.53.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. )

    Verify source ↗

    The director may require assessed businesses to keep records, provide requested information, and allow inspection of records tied to the assessment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. ) ## 13995.53. The director may require any and all assessed businesses to maintain books and records that reflect their income or sales as reflected in the assessment, and to furnish the director with any information that may, from time to time, be requested by the director, and to permit the inspection by the director of portions of books and records that relate to the amount of assessment. (Amended by Stats. 2013, Ch. 352, Sec. 264. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  170. 13995.54.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. )

    Verify source ↗

    Information about assessed businesses held by the director under this chapter is confidential and generally may not be disclosed, except to authorized persons, the director’s legal counsel, or by court order.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. ) ## 13995.54. Information pertaining to assessed businesses obtained by the director pursuant to this chapter is confidential and shall not be disclosed except to a person with the right to obtain the information, any attorney hired by the director who is employed to give legal advice upon it, or by court order. Information obtained by the director in order to determine the assessment level for an assessed business is exempt from the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). (Amended by Stats. 2013, Ch. 352, Sec. 265. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  171. 13995.55.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. )

    Verify source ↗

    The director may hold hearings, take testimony, administer oaths, and subpoena witnesses and documents when carrying out Section 13995.51.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. ) ## 13995.55. For the purpose of carrying out Section 13995.51, the director may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind. (Amended by Stats. 2013, Ch. 352, Sec. 266. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  172. 13995.56.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. )

    Verify source ↗

    People subpoenaed by the director must appear, testify, and produce documents even if the information may incriminate them; a natural person is still not protected from perjury prosecution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. ) ## 13995.56. A person shall not be excused from attending and testifying, or from producing documentary evidence, before the director in obedience to the subpoena of the director pursuant to the authority granted in Section 13995.55 on the ground, or for the reason, that the testimony or evidence, documentary or otherwise, which is required of him or her may tend to incriminate the person or subject that person to a penalty. A natural person shall not, however, be prosecuted or subjected to any penalty on account of any transaction, matter, or thing concerning which he or she may be required to testify, or produce evidence, documentary or otherwise, before the director in obedience to a subpoena. A natural person testifying shall not, however, be exempt from prosecution and punishment for perjury committed in so testifying. (Amended by Stats. 2013, Ch. 352, Sec. 267. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  173. 13995.57.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. )

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    The office may use appropriated and state funds for tourism marketing plan implementation and several related spending purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. ) ## 13995.57. Any funds appropriated to the office may be used to implement the tourism marketing plan specified in Section 13995.45. In addition to any other authority for the office to spend funds, state funds may be used for the following: research, conducting and advertising referenda, administration of state funds, policing, collection of assessments, and contracting for assistance in obtaining information on businesses to be assessed. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  174. 13995.58.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. )

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    The office may contract with the commission so the commission can carry out marketing activities using state funds, and specified Public Contract Code provisions do not apply to those agreements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 5. Director [13995.50 - 13995.58] ( Heading of Article 5 amended by Stats. 2013, Ch. 353, Sec. 84. ) ## 13995.58. The office may contract with the commission in order for the commission to undertake marketing activities utilizing state funds. Section 10295 of the Public Contract Code, and Article 4 (commencing with Section 10335) and Article 5 (commencing with Section 10355) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, shall not apply to those agreements. (Amended by Stats. 2004, Ch. 183, Sec. 148. Effective January 1, 2005.)
  175. 13995.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 6. Referendum [13995.60 - 13995.64.5] ( Article 6 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    This section requires the commission to deliver a resolution and requires the director to call a referendum, while assessed businesses receive ballots and ballots received by the deadline must be counted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 6. Referendum [13995.60 - 13995.64.5] ( Article 6 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.60. (a) As used in this article and Article 7 (commencing with Section 13995.65), “assessment level” means the estimated gross dollar amount received by assessment from all assessed businesses on an annual basis, and “assessment formula” means the allocation method used within each industry segment (for example, percentage of gross revenue or percentage of transaction charges). (b) Commencing on January 1, 2003, a referendum shall be called every two years, and the commission, by adopted resolution, shall determine the slate of individuals who will run for commissioner. The resolution shall also cover, but not be limited to, the proposed assessment level for each industry category, based upon specified assessment formulae, together with necessary information to enable each assessed business to determine what its individual assessment would be. Commencing with the referendum held in 2007 and every six years thereafter, the resolution shall also cover the termination or continuation of the commission. The resolution may also include an amended industry segment allocation formula and the percentage allocation of assessments between industry categories and segments. The commission may specify in the resolution that a special, lower assessment rate that was set pursuant to subdivision (c) of Section 13995.30 for a particular business will no longer apply due to changes in the unique circumstance that originally justified the lower rate. The resolution may include up to three possible assessment levels for each industry category, from which the assessed businesses will select one assessment level for each industry category by plurality weighted vote. (c) The commission shall deliver to the director the resolution described in subdivision (b). The director shall call a referendum containing the information required by subdivision (b) plus any additional matters complying with the procedures of subdivision (b) of Section 13995.62. (d) When the director calls a referendum, all assessed businesses shall be sent a ballot for the referendum. Every ballot that the secretary receives by the ballot deadline shall be counted, utilizing the weighted formula adopted initially by the selection committee, and subsequently amended by referendum. (e) If the commission’s assessment level is significantly different from what was projected when the existing assessment formula was last approved by referendum, a majority of members, by weighted votes of an industry category, may petition for a referendum to change the assessment formula applicable to that industry category. (f) If the referendum includes more than one possible assessment rate for each industry category, the rate with the plurality of weighted votes within a category shall be adopted. (g) Notwithstanding any other provision of this section, if the commission delivers to the director a resolution pertaining to any matter described in subdivision (b), the director shall call a referendum at a time or times other than as specified in this section. Each referendum shall contain only those matters contained in the resolution. (h) Notwithstanding any other provision of this section, the director shall identify, to the extent reasonably feasible, those businesses that would become newly assessed due to a change in category, segment, threshold, or exemption status sought via referendum, and provide those businesses the opportunity to vote in that referendum. (Amended by Stats. 2013, Ch. 353, Sec. 85. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  176. 13995.61.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 6. Referendum [13995.60 - 13995.64.5] ( Article 6 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    The office must coordinate the referendum, pay the initial referendum costs, and the commission must pay ongoing referendum costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 6. Referendum [13995.60 - 13995.64.5] ( Article 6 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.61. (a) The costs of marketing and promoting the initial referendum shall be provided by private payments. The costs of the initial referendum shall be paid by the office. The office shall coordinate the referendum to ensure that it is unbiased and factually correct. In the event that the initial referendum fails in the first attempt at passage, subsequent attempts at passage of the initial referendum shall be permitted, except that the costs of conducting the subsequent attempts at passage, along with the costs of marketing and promoting those attempts at passage, shall be provided by private payments. Subsequent attempts at passage shall be conducted in the manner specified in this subdivision. In the event that the initial referendum passes, whether on the first attempt at passage or a subsequent attempt at passage, the private payers and the office shall be reimbursed for all of their respective initial referendum costs from assessments first received. (b) The ongoing referendum costs shall be paid by the commission. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  177. 13995.62.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 6. Referendum [13995.60 - 13995.64.5] ( Article 6 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    Assessed businesses may place certain items on a referendum, but adding different assessment levels needs agreement from at least 20% of assessed businesses and adding commissioner candidates needs agreement from at least 10%.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 6. Referendum [13995.60 - 13995.64.5] ( Article 6 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.62. (a) Assessed businesses may place on a referendum pursuant to Section 13995.60 additional candidates for commissioner, a different assessment level, or both. (b) A minimum of 20 percent of the assessed businesses (calculated by weighted percentages) must signify their agreement to add different assessment levels to the items included in the referendum. (c) A minimum of 10 percent of the assessed businesses (calculated by weighted percentages) must signify their agreement to add candidates for commissioner to the items included in the referendum. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  178. 13995.63.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 6. Referendum [13995.60 - 13995.64.5] ( Article 6 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    The director must set and manage the referendum process, including a period of up to 60 days, possible extension by up to 15 more days, ballot counting, and a deadline for adoption of the commission resolution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 6. Referendum [13995.60 - 13995.64.5] ( Article 6 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.63. (a) Upon receipt of the resolution required by Section 13995.60, including any assessed business referendum request pursuant to subdivision (a) of Section 13995.52 or Section 13995.62, the director shall establish a referendum period not to exceed 60 days. If the director determines that the referendum period so established does not provide sufficient time for the balloting, the director may extend the referendum period not more than 15 additional days. At the close of the referendum period, the director shall count and tabulate the ballots filed during the referendum period. (b) The director shall establish a deadline for adoption of the resolution described in subdivision (a). If the commission fails to meet this deadline, or if the adopted resolution fails to meet the requirements of this chapter, then assessed businesses may present a slate of candidates to the director not later than 60 days following the deadline established for the commission resolution. A minimum of 10 percent of weighted voters shall sign the document presenting the slate. (c) In the event that the director does not receive a resolution required by Section 13995.60 from the commission by the deadline established pursuant to subdivision (b) or the resolution does not comply with the requirements of this chapter and the assessed businesses fail to present a slate pursuant to subdivision (b), then the director shall select a slate of commissioners and this slate, added to any assessed business referendum requests pursuant to subdivision (a) of Section 13995.52 or Section 13995.62, shall constitute the items included in the referendum. (Amended by Stats. 2013, Ch. 352, Sec. 268. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  179. 13995.64.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 6. Referendum [13995.60 - 13995.64.5] ( Article 6 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    Each assessed business gets a weighted vote in each referendum, with vote strength tied to the relative assessment paid.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 6. Referendum [13995.60 - 13995.64.5] ( Article 6 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.64. (a) Each assessed business is entitled to a weighted vote in each referendum. In calculating weighted votes, each assessed business receives a vote equal to the relative assessment paid by that business. An assessed business paying nine hundred dollars ($900) in annual assessments has three times the weighted vote of a business paying three hundred dollars ($300). Weighted votes are used to determine all issues on the referendum. The initial referendum, and any referendum item to terminate the commission, must be approved by a majority of the weighted votes cast at the referendum. The amount of assessment and selection of commissioners is determined by the most weighted votes, whether or not there is a majority. (b) For purposes of voting in any referendum, each assessed business is part of one industry category and one industry segment, and for voting purposes only, a business with revenue in more than one industry category or industry segment shall only be included in the category and segment in which it earns the most gross revenue. (c) Each assessed business is eligible to vote for each item on the referendum, except that an assessed business can only vote for commissioners representing its industry category, and industry segment formulae for its industry segment. (d) A business is not eligible to vote unless it has paid all assessments and fines outstanding as of a date established by the director. (Amended by Stats. 2013, Ch. 352, Sec. 269. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  180. 13995.64.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 6. Referendum [13995.60 - 13995.64.5] ( Article 6 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    For passenger car rental businesses, if the assessment paid is above the commission’s maximum assessment for other industry categories, the business’s weighted percentage is treated as if the assessment were at that highest maximum level.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 6. Referendum [13995.60 - 13995.64.5] ( Article 6 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.64.5. Notwithstanding subdivision (a) of Section 13995.64, if an assessed business within the passenger car rental category pays an assessment greater than the maximum assessment, determined by the commission for other industry categories, the weighted percentage assigned to that assessed business shall be the same as though its assessment were equal to the highest maximum assessment. (Amended by Stats. 2013, Ch. 353, Sec. 86. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  181. 13995.65.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    Industry categories must form committees to decide segments, assessment formulas, and exemptions; the office must mail bills after referendum approval; assessed businesses may appeal and may pass the assessment on to customers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.65. (a) Each industry category shall establish a committee to determine the following within its industry category: industry segments, assessment formula for each industry segment, and any types of business exempt from assessment. The initial segment committees shall consist of the subcommittee for that category as described in subdivision (d) of Section 13995.30. Following approval of the assessment by referendum, the committees shall be selected by the commission, based upon recommendations from the tourism industry. Committee members need not be commission members. (b) The committee recommendations shall be presented to the commission or selection committee, as applicable. The selection committee may adopt a resolution specifying some or all of the items listed in subdivision (a), plus an allocation of the overall assessment among industry categories. The commission may adopt a resolution specifying one or more of the items listed in subdivision (a), plus an allocation of the proposed assessment. The selection committee and commission are not required to adopt the findings of any committee. (c) The initial industry category and industry segment allocations shall be included in the selection committee report required by subdivision (b) of Section 13995.30. Changes to the industry segment allocation formula may be recommended to the commission by a segment committee at the biennial commission meeting scheduled to approve the referendum resolution pursuant to Section 13995.60. At the same meeting, the commission may amend the percentage allocations among industry categories. Any item discussed in this section that is approved by resolution of the commission, except amendments to the percentage allocations among industry categories, shall be placed on the next referendum, and adopted if approved by the majority of weighted votes cast. (d) Upon approval by referendum, the office shall mail an assessment bill to each assessed business. The director shall determine how often assessments are collected, based upon available staffing resources. The director may stagger the assessment collection throughout the year, and charge businesses a prorated amount of assessment because of the staggered assessment period. The director and office shall not divulge the amount of assessment or weighted votes of any assessed businesses, except as part of an assessment action. (e) An assessed business may appeal an assessment to the director based upon the fact that the business does not meet the definition established for an assessed business within its industry segment or that the level of assessment is incorrect. An appeal brought under this subdivision shall be supported by substantial evidence submitted under penalty of perjury by affidavit or declaration as provided in Section 2015.5 of the Code of Civil Procedure. If the error is based upon failure of the business to provide the required information in a timely manner, the director may impose a fee for reasonable costs incurred by the director in correcting the assessment against the business as a condition of correcting the assessment. (f) Notwithstanding any other provision of law, an assessed business may pass on some or all of the assessment to customers. An assessed business that is passing on the assessment may, but shall not be required to, separately identify or itemize the assessment on any document provided to a customer. Assessments levied pursuant to this chapter and passed on to customers are not part of gross receipts or gross revenue for any purpose, including the calculation of sales or use tax and income pursuant to any lease. However, assessments that are passed on to customers shall be included in gross receipts for purposes of income and franchise taxes. (g) For purposes of calculating the assessment for a business with revenue in more than one industry category or industry segment, that business may elect to be assessed based on either of the following: (1) The assessment methodology and rate of assessment applicable to each category or segment, respectively, as it relates to the revenue that it derives from that category or segment. (2) With respect to its total revenue from all industry categories or segments, the assessment methodology and rate of assessment applicable to the revenue in the category and segment in which it earns the most gross revenue. (h) (1) A person sharing common ownership, management, or control of more than one assessed business may elect to calculate, administer, and pay the assessment owed by each business by any of the following methods: (A) Calculated on the basis of each individual business location. (B) Calculated on the basis of each business, or each group of businesses, possessing a single federal employer identification number, regardless of the number of locations involved. (C) Calculated on the basis of the average aggregate percentage of tourism-related gross revenue received by all of the person’s businesses in a particular industry segment or industry category during the period in question, multiplied by the total aggregate tourism-related gross revenue received by all of the businesses, and then multiplied by the appropriate assessment formula. For example, if a person sharing common ownership, management, or control of more than one assessed business in the retail industry segment calculates that the average percentage of tourism-related gross revenue received by all of its locations equals 6 percent during the period in question, that person may multiply all of the gross revenue received from all of those locations by 6 percent, and then multiply that product by the applicable assessment formula. (D) Calculated on any other basis authorized by the director. (2) Except as the director may otherwise authorize, the methods in subparagraph (B), (C), or (D) of paragraph (1) shall not be used if the aggregate assessments paid would be less than the total assessment revenues that would be paid if the method in subparagraph (A) of paragraph (1) were used. (Amended by Stats. 2013, Ch. 352, Sec. 270. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  182. 13995.65.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    For passenger car rentals, the assessment is collected only on qualifying rental transactions that start at an airport or at certain hotels or overnight lodging; the section also applies to certain shared or rental transactions that begin at an airport.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.65.5. (a) Notwithstanding Section 13995.65 or any other provision of this chapter, for purposes of calculating the assessment for a business within the passenger car rental category, the assessment shall be collected only on each rental transaction that commences at either an airport or at a hotel or other overnight lodging with respect to which a city, city and county, or county is authorized to levy a tax as described in Section 7280 of the Revenue and Taxation Code. A transaction commencing at an airport or hotel or other overnight lodging subject to a transient occupancy tax as described in Section 7280 of the Revenue and Taxation Code, including those that commence at a location that might otherwise by regulation be exempt from assessment, shall be subject to the assessment. The assessment shall always be expressed as a fixed percentage of the amount of the rental transaction. (b) This section shall apply to any person or entity described in subdivision (m) of Section 1939.01 of the Civil Code in the same manner as a business in the passenger car rental category for each sharing or rental transaction that begins at an airport. (Amended by Stats. 2023, Ch. 547, Sec. 4. (AB 893) Effective January 1, 2024.)
  183. 13995.66.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The initial assessment level is the amount the selection committee recommends to the Governor, and it may be under $25 million.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.66. The initial assessment level shall be the amount that the selection committee recommends in its report to the Governor pursuant to Section 13995.30, which may be less than twenty-five million dollars ($25,000,000). This assessment level is a target, and shall serve as the basis for setting application of the assessment formulae, but the actual amount of collected assessments may be more or less than the assessment level. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  184. 13995.67.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    Assessments may be used for certain tourism-marketing purposes and to fund specified costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.67. Assessments may be used in furtherance of the purposes set forth in Section 13995.41, or to fund the costs pursuant to Section 13995.57. Assessments may be used to fund these costs regardless of whether the work was performed by the office or commission. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  185. 13995.68.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The director must create the assessment list, collect assessments from assessed businesses, and deposit collected funds into the commission’s account.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.68. (a) The director shall establish a list of businesses to be assessed and the amount of assessment owed by each. The director shall collect the assessment from all assessed businesses, and in collecting the assessment the director may exercise the police powers and bring enforcement actions. (b) Funds collected by the director shall be deposited into the account of the commission. This account shall not be an account of the state government. (c) Any costs relating to the collection of assessments incurred by the state shall be reimbursed by the commission. (Amended by Stats. 2013, Ch. 352, Sec. 271. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  186. 13995.69.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The office must create and keep updated a list of California businesses, mail identified businesses a form asking for assessment information, and set assessment-collection procedures by regulation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.69. (a) The office shall develop a list of California businesses within each segment included within the report required by subdivision (b) of Section 13995.30, periodically updated. Other state agencies shall assist the office in obtaining the names and addresses of these businesses. (b) The office shall mail to each business identified pursuant to subdivision (a) a form requesting information necessary to determine the assessment for that business. Any business failing to provide this information in a timely manner shall be assessed an amount determined by the director to represent the upper assessment level for that segment. (c) The office, in consultation with the commission, shall establish by regulation the procedure for assessment collection. (Amended by Stats. 2013, Ch. 352, Sec. 272. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  187. 13995.70.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The state must appropriate at least $7.3 million each fiscal year for travel and tourism, and the industry must target assessments at the commission-approved referendum level, which must eventually reach at least $25 million.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.70. (a) Funding for the commission is a cooperative venture. Because of the benefits that accrue to the state and to its residents by virtue of having the travel and tourism industry participate cooperatively with the state for the purpose of effectively marketing travel and tourism to and within the state, it is the intent of the Legislature that the state shall be responsible for appropriating a minimum of seven million three hundred thousand dollars ($7,300,000) each fiscal year for travel and tourism, and the industry shall be responsible for targeting the level of assessments for each fiscal year at the amount determined to be appropriate by the commission and approved by referendum. However, that assessment level shall ultimately reach at least twenty-five million dollars ($25,000,000). The industry may terminate the commission by referendum at any time, including during the initial four years, if the state fails to appropriate seven million three hundred thousand dollars ($7,300,000) in any fiscal year, and the state may decide not to appropriate funding in the event that the commission fails in any fiscal year to target its annual assessment level at or above the level set for the initial referendum. Termination of the commission by the industry shall require an adopted resolution of the commission to either include this issue in a regularly scheduled referendum, or to call a special referendum to decide the issue. (b) The assessed funds shall be audited annually. (c) The assessed funds shall be under the control of the commission, which shall spend the funds consistent with commission policies and the tourism marketing plan. The state shall have no interest in the fund except the general state interest that the state has in nonprofit corporations. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  188. 13995.71.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    Assessments under this chapter are debts owed by each assessed person and must be paid to the director.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.71. Any assessment levied as provided in this chapter is a personal debt of every person so assessed and shall be due and payable to the director. If any assessed person fails to pay any assessment, the director may file a complaint against the person in a state court of competent jurisdiction for the collection of the assessment. (Amended by Stats. 2013, Ch. 352, Sec. 273. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  189. 13995.72.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    If an assessed business does not pay the assessed amount by the due date, the director may add up to 10% to the unpaid assessment, and the business must also pay a late-payment penalty unless the director finds reasonable cause.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.72. If any assessed business that is duly assessed pursuant to this chapter fails to pay to the director the assessed amount by the due date, the director may add to the unpaid assessment an amount not to exceed 10 percent of the unpaid assessment to defray the cost of enforcing the collection of the unpaid assessment. In addition to payment for the cost of enforcing a collection, the assessed business shall pay to the director a penalty equivalent to the lesser of either the maximum amount authorized by Section 1 of Article XV of the California Constitution or 5 percent for each 30 days the assessment is unpaid, prorated over the days unpaid, commencing 30 days after the notice has been given to the assessed business of its failure to pay the assessment on the date required, unless the director determines, to his or her satisfaction, that the failure to pay is due to reasonable cause beyond the control of the assessed business. (Amended by Stats. 2013, Ch. 352, Sec. 274. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  190. 13995.73.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The director may require assessed businesses to make advance deposits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.73. The director may require assessed businesses to deposit with him or her in advance the following amounts: (a) An amount for necessary expenses. (b) An amount that shall not exceed 25 percent of the assessment to cover costs that are incurred prior to the receipt of sufficient funds from the assessment. (c) The amount of any deposit that is required by the director shall be based upon the estimated assessment for the assessed business. (Amended by Stats. 2013, Ch. 352, Sec. 275. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  191. 13995.74.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The director may receive and spend contributions from assessed businesses for specified purposes, and must authorize repayment or application of those contributions to assessment obligations if assessment collections are sufficient.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.74. In lieu of requiring advance deposits pursuant to Section 13995.73, or in order generally to provide funds for defraying administrative expenses or the expenses of implementing the tourism marketing plan until the time that sufficient moneys are collected for this purpose from the payment of the assessments that are established pursuant to this chapter, the director may receive and disburse for the express purposes contributions that are made by assessed businesses. If, however, collections from the payment of established assessments are sufficient to so warrant, the director shall authorize the repayment of contributions, or authorize the application of the contributions to the assessment obligations of persons that made the contributions. (Amended by Stats. 2013, Ch. 352, Sec. 276. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  192. 13995.75.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    When the commission ends, the director must return any leftover funds to the people who paid the assessments on a pro rata basis, unless refunding them would be impractical.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.75. Upon termination of the commission, any remaining funds that are not required by the director to defray commission expenses shall be returned by the director upon a pro rata basis, to all persons from whom the assessments were collected unless the director finds that the amounts to be returned are so small as to make impractical the computation and remitting of the pro rata refund to the appropriate persons. If the director makes a finding that returning the remaining funds would be impractical, he or she may use the moneys in the fund to defray the costs of the office. (Amended by Stats. 2013, Ch. 352, Sec. 277. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  193. 13995.76.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    Unclaimed or uncashed commission checks or warrants must be canceled after six months, and the money may then be held for the original payee or claimant for one year if properly identified.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.76. Any check or warrant that is drawn against the funds of the commission that remains unclaimed or uncashed for a period of six months from the date of issuance shall be canceled and the money retained for disbursement to the original payee or claimant upon satisfactory identification for a period of one year from the time the check or warrant is canceled. The money so retained, if not claimed within the period of one year, shall be used for administration of the commission, and in furtherance of the tourism marketing plan. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  194. 13995.77.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    This section exempts certain businesses from the chapter’s assessments and lets some exempt businesses opt in by request and payment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.77. A business is exempt from the assessments provided for in this chapter if any of the following apply: (a) The business is a travel agency or tour operator that derives less than 20 percent of its gross revenue annually from travel and tourism occurring within the state. A travel agency or tour operator that qualifies for this exemption may participate as an assessed business by paying an assessment calculated on the same basis applicable to other travel agencies or tour operators, respectively, and by filing a written request with the director indicating its desire to be categorized as an assessed business. (b) The business is a small business. For purposes of this section, “small business” means a business location with less than one million dollars ($1,000,000) in total California gross annual revenue from all sources. This threshold amount may be lowered, but never to less than five hundred thousand dollars ($500,000), by means of a referendum conducted pursuant to Section 13995.60; however, the director may elect to forgo assessing a business for which the expense incurred in collecting the assessment is not commensurate with the assessment that would be collected. (c) The assessments provided for in this chapter shall not apply to the revenue of regular route intrastate and interstate bus service: provided, however, that this subdivision shall not be deemed to exclude any revenue derived from bus service that is of a type that requires authority, whether in the form of a certificate of public convenience and necessity, or a permit, to operate as a charter-party carrier of passengers pursuant to Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code. (d) Any business exempted pursuant to this section may enter into a contract for voluntary assessments pursuant to Section 13995.49. (Amended by Stats. 2013, Ch. 352, Sec. 278. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  195. 13995.78.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    An assessment under this chapter is treated as a government-imposed fee on the transaction, and this section becomes operative on July 1, 2024.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 7. Assessments [13995.65 - 13995.78] ( Article 7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.78. (a) An assessment pursuant to this chapter is a fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of Section 1770 of the Civil Code. (b) This section shall become operative on July 1, 2024. (Added by Stats. 2023, Ch. 400, Sec. 7. (SB 478) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  196. 13995.80.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 8. Actions and Penalties [13995.80 - 13995.84] ( Article 8 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    An action seeking a penalty or other remedy under this chapter must be started within three years after the alleged violation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 8. Actions and Penalties [13995.80 - 13995.84] ( Article 8 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.80. Any action for any penalty or other remedy that is prescribed under any provision of this chapter shall be commenced within three years from the date of the alleged violation. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  197. 13995.81.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 8. Actions and Penalties [13995.80 - 13995.84] ( Article 8 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    A person who files false information about an assessment can be civilly liable for up to $10,000, plus any amount owed as the assessment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 8. Actions and Penalties [13995.80 - 13995.84] ( Article 8 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.81. Any person who files false information concerning an assessment is civilly liable in an amount of not more than ten thousand dollars ($10,000), in addition to any amount owed as the assessment. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  198. 13995.82.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 8. Actions and Penalties [13995.80 - 13995.84] ( Article 8 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    The director may determine and collect deficiency amounts for tourism assessments, and must give notice to the assessed business. The affected person can seek redetermination and judicial review within stated deadlines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 8. Actions and Penalties [13995.80 - 13995.84] ( Article 8 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.82. (a) When the director makes a determination that an assessment is deficient as to the payment due, the director may determine the amount of the deficiency, including any applicable penalty, as provided in this chapter. After giving notice that a deficiency determination is proposed and an opportunity to file a report or provide supplemental information is provided, the director may make one or more deficiency determinations of the amount due for any reporting period based on information in the director’s possession. When an assessed business is discontinued, a deficiency determination may be made at anytime thereafter as to the liability arising out of the operation of that business. (b) The director shall give notice of the proposed deficiency determination and the notice of deficiency determination by mailing a copy of the deficiency to the assessed business at the current address for that business on file with the director. The giving of notice is complete at the time of deposit in the United States mail. In lieu of mailing, a notice may be served personally by delivering it to the person to be served. (c) Except in the case of fraud or failure to file required information, a notice of a deficiency determination shall be given within four years of the accrual of the deficiency. (d) The person against whom a deficiency determination is made may petition the director for redetermination within 30 days after the serving of the notice of deficiency determination. If a petition is not filed within 30 days, the deficiency determination shall become final. (e) A petition for redetermination shall be in writing, state the specific grounds upon which it is based, and be supported by applicable records and declarations under penalty of perjury that the information supporting the petition is accurate and complete. If a petition for redetermination is duly filed, the director shall reconsider the deficiency determination and may grant a hearing thereon. The director shall, as soon as practicable, make an order on redetermination, which shall become final 30 days after service of notice of the order of redetermination upon the petitioner. The notice of the order shall be served in the same manner as the notice of the original deficiency determination. (f) If any amount required to be paid pursuant to a deficiency determination or redetermination is not paid within the time specified in the notice thereof, the director may, within four years thereafter, file in the Superior Court in the County of Sacramento, or the superior court in any other county, a certificate specifying the amount required to be paid, the name and address of the person liable as it appears on the records of the director, and a request that judgment be entered against the person in that amount 30 days after the filing. Notice of the filing shall be given in the same manner as for the notice of deficiency determination. The court shall enter a judgment in conformance with the director’s certificate 30 days after its filing, unless a petition for judicial review has been filed within the 30-day period. (g) An abstract of the judgment, or a copy thereof, may be filed with the county recorder of any county. From the time of filing of the judgment, the amount of the judgment constitutes a lien upon all of the property in the county owned by the judgment debtor. The lien has the force, effect and priority of a judgment lien and shall continue for 10 years from the date of the judgment, unless sooner released or otherwise discharged. The lien imposed by this section is not valid insofar as personal property is concerned against a purchaser of value without actual knowledge of the lien. (h) Execution shall issue upon the judgment upon request of the director in the same manner as execution may issue upon other judgments, and sales shall be held under execution as prescribed in the Code of Civil Procedure. (i) The person named in a notice of deficiency determination or redetermination may, within 30 days of the notice of filing with the superior court, file an action for judicial review thereof, as provided herein, in the Superior Court in the County of Sacramento or, with the director’s consent, the superior court in any other county. As a condition of staying entry of judgment or granting other relief, the court shall require the filing of a corporate surety bond with the director in the amount of the deficiency stated in the certificate. In any court proceeding, the certificate of the director determining the deficiency shall be prima facie evidence of the fee and the amount due and unpaid. (j) The provisions of this section are supplemental to any other procedures for collection and imposition of fees and penalties provided by this chapter. (k) In lieu of proceeding pursuant to this section, the director may file a complaint for collection of unpaid assessments as provided by law. (Amended by Stats. 2013, Ch. 352, Sec. 279. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  199. 13995.83.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 8. Actions and Penalties [13995.80 - 13995.84] ( Article 8 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    A person must not willfully file or give a false or fraudulent report, statement, or record that the director requires under this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 8. Actions and Penalties [13995.80 - 13995.84] ( Article 8 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.83. It is a violation of this chapter for any person to willfully render or furnish a false or fraudulent report, statement, or record that is required by the director pursuant to any provision of this chapter. (Amended by Stats. 2013, Ch. 352, Sec. 280. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  200. 13995.84.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 8. Actions and Penalties [13995.80 - 13995.84] ( Article 8 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    If the director wins an enforcement suit, the defendant must pay the prosecution costs incurred by the director and the commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 8. Actions and Penalties [13995.80 - 13995.84] ( Article 8 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.84. Any suit brought by the director to enforce any provision of this chapter, or any regulation, or rule and regulation, that is issued by the director shall provide that the defendant pay to the director the costs that were incurred by the director and by the commission in the prosecution of the action in the event the director prevails in the action. Any money that is recovered shall reimburse the account or accounts used to pay the costs. (Amended by Stats. 2013, Ch. 352, Sec. 281. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

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