Government Code — Part 102 | GOV — United States — California law | Esheria

Government Code

Part 102 of 107 · provisions 20,201–20,400

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

Showing 200 of 21,333

  1. 8877.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.4. Disaster Recovery Reconstruction Act of 1986 [8877.1 - 8877.6] ( Chapter 12.4 added by Stats. 1986, Ch. 1470, Sec. 2. )

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    The Legislature states that local agencies should have authority to carry out effective preevent and postevent activities for disaster recovery goals.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.4. Disaster Recovery Reconstruction Act of 1986 [8877.1 - 8877.6] ( Chapter 12.4 added by Stats. 1986, Ch. 1470, Sec. 2. ) ## 8877.2. The Legislature finds and declares that the impact of the Mexico City earthquake disaster of September 19, 1985, has rendered more cogent and compelling the findings of the Legislature set forth in Section 8870, particularly subdivision (c) thereof, and heightened the need for authority for local agencies to engage in effective preevent and postevent activity to accomplish those goals set forth in paragraph (4) of subdivision (b) of Section 8872. It is the intent of this chapter to provide that authority. (Added by Stats. 1986, Ch. 1470, Sec. 2. Effective September 30, 1986.)
  2. 8877.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.4. Disaster Recovery Reconstruction Act of 1986 [8877.1 - 8877.6] ( Chapter 12.4 added by Stats. 1986, Ch. 1470, Sec. 2. )

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    This section states that cities, counties, and other entities may be enabled to plan ahead for disaster recovery and reconstruction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.4. Disaster Recovery Reconstruction Act of 1986 [8877.1 - 8877.6] ( Chapter 12.4 added by Stats. 1986, Ch. 1470, Sec. 2. ) ## 8877.3. It is the purpose of this chapter to authorize, guide, and otherwise enable cities, counties, and other entities to prepare in advance of a disaster, such as a devastating earthquake, for the expeditious and orderly recovery and reconstruction of the community or region. (Added by Stats. 1986, Ch. 1470, Sec. 2. Effective September 30, 1986.)
  3. 8877.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.4. Disaster Recovery Reconstruction Act of 1986 [8877.1 - 8877.6] ( Chapter 12.4 added by Stats. 1986, Ch. 1470, Sec. 2. )

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    This section defines “disaster,” “recovery,” and “reconstruction” for the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.4. Disaster Recovery Reconstruction Act of 1986 [8877.1 - 8877.6] ( Chapter 12.4 added by Stats. 1986, Ch. 1470, Sec. 2. ) ## 8877.4. As used in this chapter: (a) “Disaster” means a devastating earthquake or other conditions specified in subdivisions (b) and (c) of Section 8558. (b) “Recovery” means the overall short-term and long-term restoration of social, economic, and institutional activity to levels comparable to those which existed prior to the disaster. (c) “Reconstruction” means the renovation, replacement, or rebuilding of damaged or destroyed facilities which will enable this recovery to occur. (Added by Stats. 1986, Ch. 1470, Sec. 2. Effective September 30, 1986.)
  4. 8877.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.4. Disaster Recovery Reconstruction Act of 1986 [8877.1 - 8877.6] ( Chapter 12.4 added by Stats. 1986, Ch. 1470, Sec. 2. )

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    Local governments may prepare disaster recovery and reconstruction plans and ordinances before a disaster.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.4. Disaster Recovery Reconstruction Act of 1986 [8877.1 - 8877.6] ( Chapter 12.4 added by Stats. 1986, Ch. 1470, Sec. 2. ) ## 8877.5. Each city, county, or other local subdivision of the state, in conjunction with planning activities authorized under Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 and Article 10 (commencing with Section 8610) of Chapter 7 of Division 1 of Title 2 of the Government Code, may prepare, prior to a disaster, plans and ordinances facilitating the expeditious and orderly recovery and reconstruction of the area under its jurisdiction, should a disaster occur. These plans and ordinances may include any of the following: (a) An evaluation of the vulnerability of specific areas under its jurisdiction to damage from a potential disaster, together with streamlined procedures for the appropriate modification of existing general plans or zoning ordinances affecting those areas after a disaster. (b) A contingency plan of action and organization for short-term and long-term recovery and reconstruction to be instituted after a disaster. (c) An ordinance, to be adopted prior to the disaster, which could be invoked as soon as possible after the event and which would provide necessary local authorization for activities designated under subdivisions (a) and (b). These plans and ordinances may include the authority and proposed organization for establishment of a local reconstruction authority with powers parallel to those of a community redevelopment agency, except that the reconstruction authority would be authorized to operate beyond the confines of designated redevelopment areas and would have financing sources other than tax increment sources. The plans and organizational arrangements may be made separately or jointly by formal cooperative arrangements with other local entities. (Added by Stats. 1986, Ch. 1470, Sec. 2. Effective September 30, 1986.)
  5. 8877.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.4. Disaster Recovery Reconstruction Act of 1986 [8877.1 - 8877.6] ( Chapter 12.4 added by Stats. 1986, Ch. 1470, Sec. 2. )

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    Local governments may take necessary actions to move from declared emergencies into recovery and reconstruction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.4. Disaster Recovery Reconstruction Act of 1986 [8877.1 - 8877.6] ( Chapter 12.4 added by Stats. 1986, Ch. 1470, Sec. 2. ) ## 8877.6. Each city, county, or other local subdivision of the state may take such actions as are necessary to assure the orderly transition from emergencies declared under subdivision (b) or (c) of Section 8558 to a systematic program of short-term and long-term recovery and reconstruction, including, but not limited to, any of the following: (a) Activate the ordinances, plans, and organizational arrangements made prior to the disaster, including the establishment of a reconstruction authority as specified by ordinance. (b) Coordinate these actions with those taken under other provisions of law governing a declared emergency. (c) Identify areas where substantial damage or destruction has occurred. (d) Review and recommend modifications to the governing body of recovery and reconstruction plans adopted prior to the disaster. (e) Determine appropriate methods of financing of activities undertaken by the reconstruction authority, including postevent funding sources both public and private. These actions may be taken separately or jointly through cooperative arrangements made with other entities. (Added by Stats. 1986, Ch. 1470, Sec. 2. Effective September 30, 1986.)
  6. 8878.100.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. )

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    The State Architect distributes bond funds, sets a priority list for eligible local government buildings and facilities, and allocates funds for seismic retrofits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.100. Funds shall be distributed by the State Architect in the following manner: (a) Upon receipt of an application by a local government for a grant pursuant to this article, the office or the State Architect may propose improvements to the project which will meet regional needs in a cost-effective manner. These improvements may include, but need not be limited to, structural strengthening, hardening of communication equipment, providing emergency power equipment, and other capital improvements which can be demonstrated as part of an emergency response plan which has a description of the critical facilities needed to support emergency response. The office, the State Architect, and the applicant may agree to include these capital improvements in the grant. (b) In coordination with the Seismic Safety Commission and the office, and with the input of the potentially eligible local governments, the State Architect, consistent with Section 8878.90, shall establish a priority list of the types of potentially eligible local government buildings and facilities which are eligible to receive a state grant pursuant to this article. (c) After completion of the priority list, the State Architect shall present this list of potentially eligible local government buildings and facilities to the Department of Finance for its review and consideration of whether to recommend to the Governor to include this list in the Budget Bill or other legislative proposal. The Legislature may review and appropriate funds available under this bond act for specific projects on the list which it deems appropriate. (d) The State Architect shall allocate funds to local governments for the seismic retrofit of buildings or facilities based upon projects and appropriations approved in the Budget Bill or some other bill by the Legislature as provided in this section. Payments shall be made on a progress basis. (Amended by Stats. 2013, Ch. 352, Sec. 220. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352. Note: This section was added by Stats. 1990, Ch. 23, and approved in Prop. 122 on June 5, 1990.)
  7. 8878.101.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. )

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    Applications for allocation under this article cannot be recommended for approval unless the project meets the State Architect’s minimum seismic safety standards.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.101. (a) An application for an allocation pursuant to this article shall not be recommended for approval by the State Architect unless the project meets the minimum seismic safety standards as established by the State Architect. Preliminary design work, including preliminary plans and a detailed cost estimate for the project shall be completed and submitted with the application. (b) Any proposal for a project addressing more than seismic retrofit shall include a certification by the project architect or consulting engineer of the portion of the cost required for the eligible seismic improvements. (c) If the project involves an essential services building, no allocation of funds may be made unless the State Architect finds that the project or the project plan is consistent with the Essential Services Building Seismic Safety Act of 1986 (Chapter 2 (commencing with Section 16000) of Division 12.5 of the Health and Safety Code). (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  8. 8878.102.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. )

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    A local government is eligible for funding only if it has complied with Chapter 12.2, has an emergency plan approved by the office, and has a priority list of critical facilities not expected to stay operational after a major earthquake.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.102. For a local government to be eligible for funding, the local government must have complied with Chapter 12.2 (commencing with Section 8875) and also have an emergency plan approved by the office as being consistent with the state planning guidelines and the State Emergency Plan and the most recent catastrophic emergency response plan. The local government shall also have a priority list that identifies those facilities which are not expected to be operational after a major earthquake and which are critical to carrying out the emergency plan. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  9. 8878.103.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. )

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    Funds get first priority for projects in seismic hazard zone 4, San Diego County, or Sacramento County, and the office must certify the projects are needed for emergency response to a major earthquake.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.103. First priority for allocations of funds shall be given to projects located in seismic hazard zone 4, as defined and illustrated in Chapter 23 (commencing with Section 2301) of Part 2 of Title 24 of the California Code of Regulations, and projects located in San Diego and Sacramento Counties. The office shall certify that the local government projects are needed for emergency response to a major earthquake. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  10. 8878.104.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. )

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    The grantee must bear operation and maintenance costs, and those costs cannot be counted as project cost. Certain planning and preliminary engineering costs, including preliminary plans, may be reimbursed after funds are allocated and if the State Architect approves.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.104. Operation and maintenance costs shall be the responsibility of the grantee and may not be considered as part of the project cost. Costs for planning preliminary engineering studies, including preliminary plans, may be reimbursed following the receipt of an allocation of funds, subject to approval by the State Architect. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  11. 8878.105.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. )

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    A local government must spend funds allocated under this article within three years after the allocation is awarded.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.105. Funds allocated pursuant to this article shall be available for expenditure by the local government within three years of the awarding of the allocation. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  12. 8878.106.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. )

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    The office and the State Architect must establish guidelines for this article, with the Seismic Safety Commission’s concurrence.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.106. (a) The office and the State Architect, after public notice and hearing and with the concurrence of the Seismic Safety Commission, shall establish guidelines necessary to carry out the purposes of this article. The guidelines shall include, but not be limited to, criteria and procedures for establishing the eligibility of the applicant, but shall not constitute rules, regulations, orders, or standards of general application. (b) The office and the State Architect, with the concurrence of the Seismic Safety Commission, shall establish guidelines that will carry out this article and provide an adequate emergency response capability after a major earthquake. The guidelines may provide for the denial of funds when the purposes of this article may most economically and efficiently be attained by means other than the construction of the proposed project. (c) The office and the State Architect, with the concurrence of the Seismic Safety Commission, may subsequently revise the guidelines as necessary to implement provisions of this chapter for any other reason to carry out the purposes of this article. (d) Guidelines established pursuant to the provisions of this section shall not constitute rules, regulations, orders, or standards of general application. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  13. 8878.107.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. )

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    The office must notify potentially eligible local governments about the article’s purposes and the guidelines set by the office and the State Architect.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.107. The office shall notify local governments that may be eligible for grants pursuant to this article of the following: (a) The purposes of this article. (b) The guidelines established by the office and the State Architect. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  14. 8878.109.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. )

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    This section authorizes bonds up to $292,510,000, excluding refunding bonds under Section 8878.118, and says the bond proceeds must not exceed that amount when deposited into the specified fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.109. Bonds in the total amount of two hundred ninety-two million five hundred ten thousand dollars ($292,510,000), exclusive of refunding bonds issued pursuant to Section 8878.118, or so much thereof as is necessary, may be issued and sold to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5. A sum, not to exceed two hundred ninety-two million five hundred ten thousand dollars ($292,510,000) of the bond proceeds shall be deposited in the Earthquake Safety and Public Buildings Rehabilitation Fund of 1990 for the purposes of this chapter. All bonds herein authorized which have been duly sold and delivered as provided herein shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest thereof. (Amended by Stats. 2020, Ch. 18, Sec. 3. (AB 92) Effective June 29, 2020. Note: Approved in Proposition 122 at the June 5, 1990, election.)
  15. 8878.110.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. )

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    This section says the bonds must be handled under the State General Obligation Bond Law, and that law is incorporated into this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.110. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  16. 8878.111.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    This section creates the Earthquake Safety and Public Buildings Rehabilitation Finance Committee, makes the Treasurer its chairperson, and lets the committee adopt administrative guidelines with limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.111. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the Earthquake Safety and Public Buildings Rehabilitation Finance Committee is hereby created. For the purposes of this chapter, the Earthquake Safety and Public Buildings Rehabilitation Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Treasurer, the Controller, the Director of Finance, the Director of General Services, or a designated representative of each of those officials. The Treasurer shall serve as the chairperson of the committee. A majority of the committee may act for the committee. (b) For purposes of this chapter and the State General Obligation Bond Law, the entity designated as the “board” means the Department of General Services. (c) The committee designated in subdivision (a) may adopt guidelines establishing requirements for administration of its financing programs to the extent necessary to protect the validity of, and tax exemption for, interest on the bonds. The guidelines shall not constitute rules, regulations, orders, or standards of general application. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  17. 8878.112.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    The committee must decide whether issuing bonds is necessary or desirable to carry out Section 8878.55, and if so, how much to issue and sell.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.112. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 8878.55, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  18. 8878.113.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    State revenue officers must collect an annual additional sum to pay the principal and interest on these bonds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.113. There shall be collected annually in the same manner and at the same time as other state revenue is collected, a sum of money in addition to the ordinary revenues of the state, sufficient to pay the principal of, and interest on, these bonds as provided herein, and all officers required by law to perform any duty in regard to the collection of state revenues shall collect that additional sum. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  19. 8878.114.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    Money is appropriated from the General Fund in the State Treasury to pay bond principal and interest and to carry out Section 8878.115.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.114. Notwithstanding Section 13340, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum which is necessary to carry out Section 8878.115, appropriated without regard to fiscal years. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  20. 8878.115.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    The Director of Finance may authorize limited withdrawals from the General Fund to carry out this chapter, and the withdrawn money must be deposited into the specified rehabilitation fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.115. For the purposes of carrying out this chapter, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the Earthquake Safety and Public Buildings Rehabilitation Fund of 1990. Any money made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from money received from the sale of bonds which would otherwise be deposited in that fund. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  21. 8878.116.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    Money from bond premium and accrued interest must be reserved and may be transferred to the General Fund as a credit against bond-interest expenditures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.116. All moneys derived from premium and accrued interest on bonds sold shall be reserved and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  22. 8878.117.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    The section says bond-sale proceeds under this article are not “proceeds of taxes,” so their disbursement is not subject to Article XIII B’s limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.117. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this article are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  23. 8878.118.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    Bonds issued and sold under this article may be refunded with refunding bonds, and voter approval for the bonds also counts as approval for refunding bonds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.118. Any bonds issued and sold pursuant to this article may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4. Approval by the electors of the state for the issuance of these bonds shall include the approval of any bonds issued to refund any bonds originally issued or previously issued refunding bonds. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  24. 8878.119.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    The board may ask for a loan from the Pooled Money Investment Board, but the request cannot exceed the amount of unsold bonds authorized for sale. If a loan is obtained, the applicable board must sign the documents needed to obtain and repay it, and the loaned money must be deposited into the designated fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.119. The “board” may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312, for the purposes of carrying out this chapter. The amount of any request shall not exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. The applicable board shall execute those documents as are required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the Earthquake Safety and Public Buildings Rehabilitation Fund of 1990 to be allocated by the board designated in subdivision (c) of Section 8878.111 in accordance with this chapter. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  25. 8878.120.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    The Treasurer may keep separate bond-proceeds accounts and use bond proceeds or earnings for federal tax-related payments or other actions needed or desirable to preserve tax-exempt status.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.120. Notwithstanding any provision of this chapter or the State General Obligation Bond Law set forth in Chapter 4 (commencing with Section 16720) of Part 3 of Division 4, if the Treasurer sells bonds pursuant to this chapter the interest on which is intended to be excluded from gross income for federal tax purposes, the Treasurer shall be authorized to maintain separate accounts for the investment of bond proceeds and the investment earnings on those proceeds, and the Treasurer shall be authorized to use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or to take any other action with respect to the investment and use of bond proceeds required or desirable under federal law so as to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  26. 8878.121.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    Bonds authorized by this chapter may not mature more than 20 years from the date of each series.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.121. Notwithstanding anything in the State General Obligation Bond Law, the maximum maturity of any bonds authorized by this chapter shall not exceed 20 years from the date of each respective series. The maturity of each series shall be calculated from the date of each series. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  27. 8878.122.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    Money in the Earthquake Safety and Public Buildings Rehabilitation Fund of 1990 may be transferred to the General Fund, and transferred money must be used to reimburse the General Fund for principal and interest paid on the bonds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 5. Fiscal Provisions [8878.109 - 8878.122] ( Article 5 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.122. All moneys deposited in the Earthquake Safety and Public Buildings Rehabilitation Fund of 1990 pursuant to any provision of law requiring repayments to the state which are financed by the proceeds of bonds authorized by this chapter shall be available for transfer to the General Fund. When transferred to the General Fund, that money shall be applied as a reimbursement to the General Fund on account of principal and interest on the bonds which has been paid from the General Fund. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  28. 8878.123.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 6. Miscellaneous Provisions [8878.123 - 8878.126] ( Article 6 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    The administrative provisions in specified articles may be amended by statute without being submitted to voters.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 6. Miscellaneous Provisions [8878.123 - 8878.126] ( Article 6 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.123. The administrative provisions of Article 3 (commencing with Section 8878.60) and Article 4 (commencing with Section 8878.95) may be amended by statute without submission to the voters. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  29. 8878.124.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 6. Miscellaneous Provisions [8878.123 - 8878.126] ( Article 6 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    Attorney General charges for protecting the state’s interest in the grant funds must be paid from bond sale proceeds, not administrative funds, and are capped at $150,000.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 6. Miscellaneous Provisions [8878.123 - 8878.126] ( Article 6 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.124. Charges incurred by the Attorney General in protecting the state’s interest in the grant funds under this chapter shall be payable from proceeds of bond sales for the purposes of this chapter. These charges shall not be paid from funds allocated for administrative purposes, but shall be treated as a program expense not to exceed one hundred fifty thousand dollars ($150,000). (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  30. 8878.125.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 6. Miscellaneous Provisions [8878.123 - 8878.126] ( Article 6 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    Bond proceeds may not replace FEMA funds, and certain fund allocations are barred unless the required funding-efforts or funding-insufficiency findings are made.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 6. Miscellaneous Provisions [8878.123 - 8878.126] ( Article 6 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.125. (a) The proceeds from the sale of the bonds pursuant to this chapter shall not replace or supplant funds available from the Federal Emergency Management Agency (FEMA). If funds are received from FEMA for costs applied for under this chapter, then proceeds from the fund shall not be allocated, or if already allocated, then the fund shall be reimbursed for any ineligible amount. (b) No allocations shall be made from the fund for local buildings or facilities that qualified for state or federal assistance under the Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680)) for retrofitting, reconstruction, repair, replacement, or relocation of structures damaged by a disaster until the office determines either: (1) that reasonable efforts have been made to secure other state and federal funds, or (2) that the other sources of funding are insufficient to make the necessary seismic improvements. Similarly, no allocations from the fund shall be made for state buildings or facilities unless the Department of Finance determines either: (1) the responsible agency has made reasonable efforts to secure other state and federal funds, or (2) that the other sources of funding are insufficient to correct state buildings or facilities that are seismically unsafe or suffer from other safety deficiencies. (Amended by Stats. 2013, Ch. 352, Sec. 221. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352. Note: This section was added by Stats. 1990, Ch. 23, and approved in Prop. 122 on June 5, 1990.)
  31. 8878.126.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 6. Miscellaneous Provisions [8878.123 - 8878.126] ( Article 6 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    Historic local government buildings and facilities generally cannot be demolished, destroyed, or significantly altered unless a listed exception applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 6. Miscellaneous Provisions [8878.123 - 8878.126] ( Article 6 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.126. (a) No local government building or facility that is listed or is eligible for listing on the National Register of Historic Places or listed on any officially sponsored state or local register or inventory of historic places, may be demolished, destroyed, or significantly altered, except for restoration to preserve or enhance its historical value, unless the local government finds that the structure presents a clear and imminent threat to the public of bodily harm or of damage to adjacent property which threat cannot be mitigated by isolation or other measures less damaging than removal, or unless the State Office of Historic Preservation determines, pursuant to subdivision (b), that the structure may be demolished, destroyed, or significantly altered. (b) Any local government may apply to the State Office of Historic Preservation for its determination as to whether a structure meeting the description set forth in subdivision (a) shall be demolished, destroyed, or significantly altered. That determination shall be based upon the extent of damage to the structure, the structure’s historic significance, and any other factor deemed by the State Office of Historic Preservation to be relevant. In making that determination, the State Office of Historic Preservation shall consider the recommendation of a team selected by the State Office of Historic Preservation composed of three residents with historic preservation expertise who reside in the affected county. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  32. 8878.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 1. General Provisions [8878.15 - 8878.16] ( Article 1 added by Stats. 1988, Ch. 27, Sec. 2. )

    Verify source ↗

    This section says Chapter 12.45 may be cited as the California Earthquake Safety and Housing Rehabilitation Bond Act of 1988.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 1. General Provisions [8878.15 - 8878.16] ( Article 1 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.15. This chapter shall be known and may be cited as the California Earthquake Safety and Housing Rehabilitation Bond Act of 1988. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  33. 8878.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 1. General Provisions [8878.15 - 8878.16] ( Article 1 added by Stats. 1988, Ch. 27, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the chapter and related state bond law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 1. General Provisions [8878.15 - 8878.16] ( Article 1 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.16. As used in this chapter, and for the purposes of this chapter as used in the State General Obligation Bond Law, the following words have the following meanings: (a) “Bond” means a bond, authorized by Sections 8878.20 and 8878.25, that is tax exempt under both state and federal law, or a bond that is tax exempt under state law and taxable under federal law. (b) “Committee” means the California Earthquake Safety and Housing Rehabilitation Finance Committee. (c) “Department” means Department of Housing and Community Development. (d) “Fund” means the Housing Rehabilitation Loan Fund established by Section 50661 of the Health and Safety Code. (e) “Local agency” means any city, city and county, or county. (Amended by Stats. 1990, Ch. 216, Sec. 35. Note: This section was added by Stats. 1988, Ch. 27, and approved in Prop. 77 on June 7, 1988.)
  34. 8878.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 2. California Earthquake Safety and Housing Rehabilitation Program [8878.20 - 8878.22] ( Article 2 added by Stats. 1988, Ch. 27, Sec. 2. )

    Verify source ↗

    This section directs bond proceeds into a housing rehabilitation fund and sets conditions for earthquake-safety loans.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 2. California Earthquake Safety and Housing Rehabilitation Program [8878.20 - 8878.22] ( Article 2 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.20. (a) Of the proceeds of bonds issued and sold pursuant to this chapter, eighty million dollars ($80,000,000) shall be deposited in a special account in the Housing Rehabilitation Loan Fund and shall be used by the department, in accordance with the criteria and priorities now or hereafter established by statute, to make deferred payment loans to increase the ability of unreinforced masonry multifamily residential structures to withstand earthquakes. To be eligible for a loan funded pursuant to this section, not less than 70 percent of the tenants shall be households specified in Section 50079.5 of the Health and Safety Code. (b) Prior to making commitments under this program for loans in a particular local agency’s jurisdiction, the department shall determine that the local agency has completed an inventory of the unreinforced masonry structures within its jurisdiction and has adopted a mitigation ordinance pursuant to Section 8875.2 or Section 19163 of the Health and Safety Code. The local agency shall establish criteria, terms, and conditions to identify eligible rental housing developments. Only structures identified as potentially hazardous buildings by a local agency, in accordance with criteria of Section 8875, shall be eligible for the loans. (c) All seismic safety rehabilitation improvements made with loans funded pursuant to this section shall be in accordance with a plan developed for the structure by a civil engineer or architect. (d) Loans made pursuant to this section shall constitute liens in favor of the department. Payments of the principal of, and interest on, the loans shall be deposited in the Housing Rehabilitation Loan Fund. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  35. 8878.21.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 2. California Earthquake Safety and Housing Rehabilitation Program [8878.20 - 8878.22] ( Article 2 added by Stats. 1988, Ch. 27, Sec. 2. )

    Verify source ↗

    $70 million of bond proceeds must be placed in a special Housing Rehabilitation Loan Fund account and used by the department for authorized housing rehabilitation loan programs, with a ban on using those funds for deferred payment loans to buy residential hotels.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 2. California Earthquake Safety and Housing Rehabilitation Program [8878.20 - 8878.22] ( Article 2 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.21. Of the proceeds of bonds issued and sold pursuant to this chapter, seventy million dollars ($70,000,000) shall be deposited in a special account in the Housing Rehabilitation Loan Fund and shall be used by the department, in accordance with the criteria and priorities now or hereafter established by statute, for the housing rehabilitation loan programs authorized by Chapter 6.5 (commencing with Section 50660) of Part 2 of Division 31 of the Health and Safety Code, including the Special User Housing Rehabilitation Program authorized by Section 50670 of the Health and Safety Code, but not including the special program authorized by Section 50662.5. However, none of the moneys allocated pursuant to this section shall be used to make deferred payment loans to acquire residential hotels. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  36. 8878.22.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 2. California Earthquake Safety and Housing Rehabilitation Program [8878.20 - 8878.22] ( Article 2 added by Stats. 1988, Ch. 27, Sec. 2. )

    Verify source ↗

    The department director may reallocate bond proceeds between two Housing Rehabilitation Loan Fund accounts, but only within the section’s conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 2. California Earthquake Safety and Housing Rehabilitation Program [8878.20 - 8878.22] ( Article 2 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.22. Notwithstanding the allocation of bond proceeds specified in Sections 8878.20 and 8878.21, the director of the department every two years, commencing June 30, 1990, may reallocate the bond proceeds pursuant to this section between the accounts established in the Housing Rehabilitation Loan Fund by Sections 8878.20 and 8878.21. The director of the department may reallocate these moneys as necessary to satisfy program needs if demand for loans from one of the accounts substantially exceeds the level of funding therein and there is an unencumbered balance in the other account which exceeds the amount of loans for which there are then pending applications. The amount of any transfer from an account in the Housing Rehabilitation Loan Fund pursuant to this section may not include moneys for which loan applications from potentially eligible applicants are then pending. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  37. 8878.25.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. )

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    The State may issue and sell up to $150 million in bonds, excluding refunding bonds, to fund the chapter’s purposes and reimburse a state bond expense fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.25. Bonds in the total amount of one hundred fifty million dollars ($150,000,000), exclusive of refunding bonds issued pursuant to Section 8878.34, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. All bonds herein authorized which have been duly sold and delivered as provided herein shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest thereof. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  38. 8878.26.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. )

    Verify source ↗

    Bonds under this chapter must be handled according to the State General Obligation Bond Law, which is incorporated into this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.26. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  39. 8878.27.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. )

    Verify source ↗

    This section creates the Finance Committee for bond issuance and lets the designated board adopt rules for local administration of the financing program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.27. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the California Earthquake Safety and Housing Rehabilitation Finance Committee is hereby created. For purposes of this chapter, the California Earthquake Safety and Housing Rehabilitation Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Treasurer, the Controller, the Director of Finance, or their designated representatives, a person appointed by the Senate Rules Committee, a person appointed by the Speaker of the Assembly, and the Executive Director of the Seismic Safety Commission. The Treasurer shall serve as the chairperson of the committee. A majority of the committee may act for the committee. (b) For purposes of the State General Obligation Bond Law, the Department of Housing and Community Development is designated the “board.” (c) The board may adopt rules and regulations establishing requirements for local administration of the financing program to the extent necessary to protect the validity of, and tax exemption for, interest on the bonds. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  40. 8878.28.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. )

    Verify source ↗

    The committee must decide whether issuing bonds is necessary or desirable, and if so, how much to issue and sell.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.28. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Sections 8878.20 and 8878.21, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  41. 8878.29.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. )

    Verify source ↗

    An additional sum must be collected each year, along with other state revenue, to pay the principal and interest on these bonds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.29. There shall be collected annually in the same manner and at the same time as other state revenue is collected, a sum of money in addition to the ordinary revenues of the state, sufficient to pay the principal of, and interest on, these bonds as provided herein, and all officers required by law to perform any duty in regard to the collection of state revenues shall collect that additional sum. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  42. 8878.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. )

    Verify source ↗

    Money is appropriated from the General Fund for this chapter’s purposes, including paying bond principal and interest when due and carrying out Section 8878.31.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.30. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum which is necessary to carry out the provisions of Section 8878.31, appropriated without regard to fiscal years. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  43. 8878.31.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. )

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    The Director of Finance may authorize limited withdrawals from the General Fund for this chapter, and withdrawn money must be deposited into the designated fund and later returned to the General Fund with interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.31. For the purposes of carrying out this chapter, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund to be allocated by the board in accordance with this chapter. Any money made available under this section to the board shall be returned by the board to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from money received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  44. 8878.315.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. )

    Verify source ↗

    If certain bond counsel conditions are met, the Treasurer may set up separate accounts for bond proceeds and earnings and may use them for federal rebate, penalty, or other required payments, or take other actions needed to preserve tax-exempt status and federal advantages.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.315. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 10.)
  45. 8878.32.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. )

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    Money in the fund that comes from bond premium and accrued interest must stay reserved in the fund and may be transferred to the General Fund as a credit for bond interest expenses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.32. All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  46. 8878.33.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. )

    Verify source ↗

    The section says bond-sale proceeds under this chapter are not treated as “proceeds of taxes,” so their disbursement is not subject to Article XIII B limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.33. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  47. 8878.34.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. )

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    Bonds issued and sold under this chapter may be refunded by issuing refunding bonds. Elector approval for these bonds also covers refunding bonds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.34. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of these bonds shall include the approval of any bonds issued to refund any bonds originally issued or previously issued refunding bonds. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  48. 8878.35.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. )

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    The board may ask for a loan from the Pooled Money Investment Account, but the request cannot exceed the amount of unsold bonds authorized for the chapter. If it gets a loan, the board must sign the documents needed to obtain and repay it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.45. California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 [8878.15 - 8878.35] ( Chapter 12.45 added by Stats. 1988, Ch. 27, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [8878.25 - 8878.35] ( Article 3 added by Stats. 1988, Ch. 27, Sec. 2. ) ## 8878.35. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out the provisions of this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. The board shall execute such documents as are required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1988, Ch. 27, Sec. 2. Approved in Proposition 77 at the June 7, 1988, election.)
  49. 8878.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 1. General Provisions [8878.50 - 8878.52] ( Article 1 added by Stats. 1990, Ch. 23, Sec. 2. )

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    This chapter may be cited as the Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 1. General Provisions [8878.50 - 8878.52] ( Article 1 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.50. This chapter shall be known and may be cited as the Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  50. 8878.51.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 1. General Provisions [8878.50 - 8878.52] ( Article 1 added by Stats. 1990, Ch. 23, Sec. 2. )

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    The section says California faces earthquake risk and sets out the purpose of the bond act: to support retrofitting, rebuilding, repairing, replacing, or relocating certain state-owned facilities and to help local governments improve structures used for essential services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 1. General Provisions [8878.50 - 8878.52] ( Article 1 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.51. The Legislature finds and declares all of the following: (a) California is likely to experience moderate to severe earthquakes in the foreseeable future, and increased efforts to reduce earthquake hazards should be encouraged and supported. (b) Hundreds of state and local government buildings which are vulnerable to severe earthquake damage continue to be a serious danger to the lives of thousands of state and local government employees and the people who must visit and depend on these buildings in which vital services are often provided. (c) The Loma Prieta Earthquake of October 17, 1989, caused damage to state-owned buildings resulting in relocations of state government operations into more expensive leased facilities and some state buildings are now vacant. These facilities should be rehabilitated or replaced in order to reduce the long-term costs of providing state government services. (d) It is the responsibility of state and local governments to provide, to the greatest extent feasible, their employees and the public throughout the state with buildings that are safe, accessible, and able to withstand earthquake forces without endangering occupants or significantly disrupting the performance of essential services. (e) Therefore, the purposes of this bond act are to: (1) Fund retrofitting, reconstruction, repair, replacement, or relocation of state-owned buildings or facilities which have earthquake or other safety deficiencies. (2) Provide financial assistance to local governments for earthquake safety improvements in structures housing those agencies critical to the delivery of essential government functions in the event of emergencies and disasters. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  51. 8878.52.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 1. General Provisions [8878.50 - 8878.52] ( Article 1 added by Stats. 1990, Ch. 23, Sec. 2. )

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    This section defines key terms used in the chapter, including government entities, facilities, projects, and “retrofit.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 1. General Provisions [8878.50 - 8878.52] ( Article 1 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.52. As used in this chapter, the following terms have the following meanings: (a) “Agency” or “office” means the Office of Emergency Services. (b) “Committee” means the Earthquake Safety and Public Buildings Rehabilitation Finance Committee created pursuant to subdivision (a) of Section 8878.111. (c) “Commission” means the Seismic Safety Commission. (d) “Fund” means the Earthquake Safety and Public Buildings Rehabilitation Fund of 1990 created pursuant to Section 8878.55. (e) “Local government” means any city, county, city and county, or special district. (f) “Project” means a program of work to retrofit, reconstruct, repair, replace, or relocate, for local government-owned facilities only, a building, facility, or both, which is owned by any city, county, city and county, or special district and which is included in an application for a grant of funds. (g) “State Architect” means the Office of the State Architect. (h) “State building or facility” means any building or structure owned by a state agency, which is identified pursuant to Section 8878.60, except for vehicular bridges, roadways, highways, or any facilities or buildings owned by the University of California or the California State University. (i) “Local government building or facility” means an existing essential services building, as defined in Section 16007 of the Health and Safety Code, or an emergency or public safety local building as identified in Section 8878.99, which is owned by a city, county, city and county, or special district. (j) State or local government buildings shall not include those owned by private for-profit or private nonprofit corporations, or those owned by any combination, consortium, or joint powers agreement that includes a private nonprofit corporation. (k) “Retrofit” means to either strengthen the structure of a building or facility, or to provide the means necessary to reduce the seismic force level experienced by a building or facility during an earthquake, so as to significantly reduce hazards to life and safety while concomitantly providing for the substantially safe egress of occupants during and immediately after such an earthquake. (Amended by Stats. 2013, Ch. 352, Sec. 218. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352. Note: This section was added by Stats. 1990, Ch. 23, and approved in Prop. 122 on June 5, 1990.)
  52. 8878.55.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 2. Earthquake Safety and Public Buildings Rehabilitation Fund of 1990 [8878.55- 8878.55.] ( Article 2 added by Stats. 1990, Ch. 23, Sec. 2. )

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    Creates the Earthquake Safety and Public Buildings Rehabilitation Fund of 1990 and directs certain bond proceeds into it for specified seismic safety and related projects, subject to legislative appropriation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 2. Earthquake Safety and Public Buildings Rehabilitation Fund of 1990 [8878.55- 8878.55.] ( Article 2 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.55. The Earthquake Safety and Public Buildings Rehabilitation Fund of 1990 is hereby created. The proceeds of bonds issued and sold pursuant to this chapter for the purposes of the programs established in Article 3 (commencing with Section 8878.60) and Article 4 (commencing with Section 8878.90) shall be deposited in the fund and shall be available, upon appropriation by the Legislature, for expenditure pursuant to this chapter for the following purposes: (a) Two hundred fifty million dollars ($250,000,000) for the following: (1) Financing the costs of retrofitting, reconstruction, repair, replacement, or relocation of state buildings or facilities which are seismically unsafe or have other safety deficiencies. For these projects, allowable costs include the cost of abating falling hazards; the cost of engineering, architectural, financial, and legal services; preparation of plans, specifications, studies, surveys, and estimates; administrative expenses; land acquisition for replacement projects, direct construction, or rehabilitation; and costs necessary or incidental to the project. (2) Investigating state buildings which have been determined to be, or are suspected to be, inadequate for earthquake safety and associated fire and life safety deficiencies, asbestos, other toxics, or falling hazards, and handicap accessibility deficiencies. (b) Fifty million dollars ($50,000,000) for the following: (1) Financial assistance to local governments for the costs of retrofitting, reconstructing, repairing, replacing, or relocating earthquake-unsafe buildings or facilities, including, but not limited to, the abatement of falling hazards. (2) Financial assistance to local governments for the costs of working drawings, plan reviews, and inspections to effect a significant life-hazard reduction. The costs of preliminary plans may be reimbursed upon the appropriation for the project. Reasonable administrative costs of administering state agencies may be appropriated from this source. (c) Projects approved pursuant to subdivision (b) shall be limited to buildings or facilities which provide essential services or emergency or public safety services which meet the requirements of Section 8878.99 and for which local matching funds equaling at least 25 percent of the total cost of the seismic rehabilitation portion of the project are guaranteed. (d) Notwithstanding any other provision of this section, the Seismic Safety Commission may, to further the objectives of subdivision (a) or (b), and if appropriated by the Legislature, use up to 1 percent of the proceeds of the bonds issued and sold pursuant to this chapter that are deposited into the Earthquake Safety and Public Buildings Rehabilitation Fund of 1990 to research methods, techniques, and technologies to identify and analyze existing potentially hazardous buildings and facilities, including, but not limited to, unreinforced masonry construction, as well as for the additional purposes of researching and developing methods, techniques, and technologies for seismic safety retrofitting of the buildings, as well as helping to develop and prepare building standards and administrative regulations relating to the retrofitting of the buildings for seismic safety purposes. (1) All research funds appropriated pursuant to this subdivision shall be administered and disbursed according to guidelines established by the commission. (2) These guidelines shall set forth the terms and conditions upon which the commission is prepared to fund research projects pursuant to this subdivision. The guidelines do not constitute rules, regulations, orders, or standards of general application. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  53. 8878.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 3. State Buildings or Facilities [8878.60 - 8878.61] ( Article 3 added by Stats. 1990, Ch. 23, Sec. 2. )

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    The State Architect sets criteria for eligible seismic projects, must consult historic preservation before proposing demolition of a historic state building or facility, and may decide replacement or relocation is more cost-effective in some cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 3. State Buildings or Facilities [8878.60 - 8878.61] ( Article 3 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.60. (a) State building or facility projects eligible for retrofitting, reconstruction, repair, replacement, relocation, or other seismic hazard abatement shall be based upon criteria established by the State Architect. The criteria shall include the factor of the population at risk of injury and may include, but are not limited to, the report by H.J. Degenkolb and Associates to the Seismic Safety Commission dated April 19, 1981, Seismic Safety Commission Report Number 604, as revised on December 31, 1987, or any updates of those reports received and adopted by the Seismic Safety Commission. (b) If the state building or facility is designated as a historic building as defined in Section 18955 of the Health and Safety Code, the State Architect shall consult with the Office of Historic Preservation before proposing to demolish the building or facility. (c) The State Architect may determine that because of the age, material used in construction, potential for ground failure in an earthquake, or the type of construction or the design of the structure, it would be more cost-effective to replace or relocate rather than rehabilitate the state building or facility. Upon that determination, the Director of General Services may submit to the Department of Finance a recommendation that the building be replaced or relocated. Upon receipt of the recommendation, the Director of Finance shall review and consider that recommendation and may recommend to the Governor inclusion of this project in the annual Budget Bill or any other legislative bill. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  54. 8878.61.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 3. State Buildings or Facilities [8878.60 - 8878.61] ( Article 3 added by Stats. 1990, Ch. 23, Sec. 2. )

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    The Director of General Services must give certain legislative committees a yearly listing of expenditures for activities under this article by January 10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 3. State Buildings or Facilities [8878.60 - 8878.61] ( Article 3 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.61. The Director of General Services shall provide to the Joint Legislative Budget Committee and the chairpersons of the fiscal committees in each house of the Legislature a listing of expenditures for activities pursuant to this article by January 10 each year. This information shall be submitted either in the Governor’s Budget documents or a separate report. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  55. 8878.90.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. )

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    The State Architect must set criteria for projects and funding eligibility under this section, after consulting the Seismic Safety Commission and the office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.90. (a) The State Architect, with the consultation of the Seismic Safety Commission and the office, shall establish criteria for projects potentially eligible for an appropriation from the Legislature, pursuant to subdivision (b) of Section 8878.55 based on factors including the populations at risk of injury and the cost-effectiveness of remedial actions. (b) The State Architect shall establish the criteria for potential funding pursuant to subdivision (b) of Section 8878.55 based upon the following order of seismic hazard reduction priorities: (1) Abatement of falling hazards, as defined by the State Architect with the consultation of the Seismic Safety Commission, that are structural or nonstructural components of buildings or facilities and that pose serious threats to life, including, but not limited to, parapets, appendages, cornices, hanging objects, and building cladding. (2) The seismic retrofitting of those buildings or facilities for which partial, localized, or phased seismic retrofits will significantly reduce collapse hazards with minimal disruption to either the operation of the buildings or facilities or disruption of the occupants of the buildings or facilities. (3) All other buildings or facilities requiring seismic retrofitting. (Amended by Stats. 2013, Ch. 352, Sec. 219. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352. Note: This section was added by Stats. 1990, Ch. 23, and approved in Prop. 122 on June 5, 1990.)
  56. 8878.95.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. )

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    Applications for local government building funds must be submitted to the State Architect in the form and with the supporting material the State Architect prescribes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.95. Applications for funds for local government buildings under this article shall be made to the State Architect in the form and with the supporting material as prescribed by the State Architect. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  57. 8878.96.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    Bond-funded project contracts may include specified terms, including a State Architect grant amount and local government project obligations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.96. Any appropriation of bond funds pursuant to this article may include provisions as agreed by the parties thereto, and the contract shall include, but not be limited to, all of the following: (a) An estimate of the reasonable cost of the project. (b) An agreement by the State Architect to grant to the local government, during the progress of construction or following completion of construction as agreed by the parties, an amount which equals no more than 75 percent of the portion of construction costs found by the State Architect to be eligible for a state grant. (c) An agreement by the local government to (1) proceed expeditiously with, and complete, the project, (2) commence operation of the project upon completion thereof, (3) properly operate and maintain the project in accordance with the applicable provisions of law, and (4) provide for payment of the local government’s share of the cost of the project. (d) At least 25 percent of the total cost for the seismic rehabilitation of the project, for the purposes specified in subdivision (b) of Section 8878.55, shall be paid by the local government. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  58. 8878.98.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    Allocations are limited to the seismic rehabilitation portion of the project, and the State Architect must develop a cost-sharing formula if other work is proposed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.98. Allocations are limited to only the seismic rehabilitation portion of the improvement project, as determined by the State Architect. To the extent that other elements of work are proposed, a cost-sharing formula shall be developed by the State Architect which will be applicable to planning and design costs for the total project. The retrofitting portion of any project shall, to the greatest extent possible, be conducted during the same general period of time that life safety hazards, including, but not limited to, asbestos-related hazards or fire and panic safety hazards, are abated, or when periodic renovation or maintenance of the essential services building is performed. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  59. 8878.99.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. )

    Verify source ↗

    State Architect allocations to local governments must be used only for seismic retrofitting of certain essential services, emergency, and public safety buildings, with a limited replacement-facility exception.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.47. Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 [8878.50 - 8878.126] ( Chapter 12.47 added by Stats. 1990, Ch. 23, Sec. 2. ) ## ARTICLE 4. Local Government Buildings [8878.90 - 8878.107] ( Article 4 added by Stats. 1990, Ch. 23, Sec. 2. ) ## 8878.99. (a) Allocations made by the State Architect to local governments shall only be used to improve existing essential services buildings, as defined in Section 16007 of the Health and Safety Code, and emergency and public safety local buildings, including, but not limited to, county hospitals, courthouses, and city halls to resist earthquakes, and remain operational after a major earthquake. The allocations may be made with respect to all, or any part, of the building, but the allocations shall be used only for seismic retrofitting. (b) Improvements to essential services facilities of local governments shall be considered in the order prescribed by the State Architect, consistent with subdivision (b) of Section 8878.100. (c) Notwithstanding any other provision of law, except for Section 8878.90, if a local government determines, and the State Architect concurs, that because of the age, material used in construction, potential for ground failure in an earthquake, or the type of construction or the design of the structure that it would be more cost-effective to replace or relocate rather than rehabilitate the potentially eligible essential services facility or emergency or public safety local building, an allocation of up to that amount determined to be necessary for the seismic retrofit of the original structure, but not to exceed the actual cost of replacement and relocation, may be applied to the construction of the replacement facility under the following conditions: (1) The essential services contained in the original facility shall be relocated to the replacement facility. (2) If a new facility is constructed, the original facility shall not be eligible for additional funding under this program. (3) If the original essential services facility or emergency or public safety local building is designated as an historic building as defined in Section 18955 of the Health and Safety Code, the State Architect shall consult with the Office of Historic Preservation before agreeing to any proposal to demolish the facility. (Added by Stats. 1990, Ch. 23, Sec. 2. Approved in Proposition 122 at the June 5, 1990, election.)
  60. 8879.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 1. General Provisions [8879 - 8879.2] ( Article 1 added by Stats. 1995, Ch. 310, Sec. 1. )

    Verify source ↗

    This chapter is named the Seismic Retrofit Bond Act of 1996 and becomes operative only if approved by voters at the March 26, 1996 direct primary election.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 1. General Provisions [8879 - 8879.2] ( Article 1 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879. (a) This chapter shall be known as the Seismic Retrofit Bond Act of 1996. (b) This chapter shall only become operative upon adoption by the voters at the March 26, 1996, direct primary election. (Added by Stats. 1995, Ch. 310, Sec. 1. Approved in Proposition 192 at the March 26, 1996, election.)
  61. 8879.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 1. General Provisions [8879 - 8879.2] ( Article 1 added by Stats. 1995, Ch. 310, Sec. 1. )

    Verify source ↗

    This section states that seismic safety retrofit work is important and should be completed as quickly as possible, and that some otherwise applicable statutes may be temporarily suspended to avoid delays.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 1. General Provisions [8879 - 8879.2] ( Article 1 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.1. (a) The Legislature finds and declares that the completion of seismic safety retrofit work is essential to the welfare and economy of the state. (b) It is the intent of the Legislature to ensure that the work be completed as quickly as possible. (c) In order to avoid delays in the completion of the work, it is necessary that certain statutes that would otherwise be applicable be temporarily suspended. (Amended by Stats. 2003, Ch. 525, Sec. 1. Effective January 1, 2004. Note: This section was added by Stats. 1995, Ch. 310, and approved in Prop. 192 on March 26, 1996.)
  62. 8879.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. )

    Verify source ↗

    This section appropriates money from the General Fund in the State Treasury for this chapter’s purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.10. Notwithstanding Section 13340, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum which is necessary to carry out Section 8879.12, appropriated without regard to fiscal years. (Added by Stats. 1995, Ch. 310, Sec. 1. Approved in Proposition 192 at the March 26, 1996, election.)
  63. 8879.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. )

    Verify source ↗

    The board may ask for a loan from the Pooled Money Investment Account, but the request is capped by the unsold bonds limit, and the board must sign any documents needed to get and repay the loan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.11. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312, for purposes of this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of this chapter, less any amount withdrawn pursuant to Section 8879.12. The board shall execute any documents as required by the Pooled Money Investment Board to obtain and repay the loan. Any amount loaned shall be deposited in the fund to be allocated by the California Transportation Commission in accordance with this chapter. (Added by Stats. 1995, Ch. 310, Sec. 1. Approved in Proposition 192 at the March 26, 1996, election.)
  64. 8879.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund, by executive order, to help carry out this chapter, but only up to the amount of unsold bonds approved for sale.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.12. For the purpose of carrying out this chapter, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of any amount or amounts not to exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the Seismic Retrofit Bond Fund of 1996. Any money made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from money received from the sale of bonds which would otherwise be deposited in that fund. (Added by Stats. 1995, Ch. 310, Sec. 1. Approved in Proposition 192 at the March 26, 1996, election.)
  65. 8879.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. )

    Verify source ↗

    The bonds may be refunded under the State General Obligation Bond Law, and voter approval of this act counts as approval of any refunding bonds issued under that law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.13. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of the State General Obligation Bond Law. Approval by the electors of this act shall constitute approval of any refunding bonds issued pursuant to the State General Obligation Bond Law. (Amended (as added by Stats. 1995, Ch. 310, Sec. 1) by Stats. 1996, Ch. 124, Sec. 32. Effective January 1, 1997. Note: This section was added by Stats. 1995, Ch. 310, and approved in Prop. 192 on March 26, 1996.)
  66. 8879.14.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. )

    Verify source ↗

    Bonds authorized by this chapter cannot have a maturity longer than 30 years from the date of each series.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.14. Notwithstanding anything in the State General Obligation Bond Law, the maximum maturity of any bonds authorized by this chapter shall not exceed 30 years from the date of each respective series. The maturity of each series shall be calculated from the date of each series. (Added by Stats. 1995, Ch. 310, Sec. 1. Approved in Proposition 192 at the March 26, 1996, election.)
  67. 8879.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. )

    Verify source ↗

    Bond sale proceeds under this chapter are not treated as “proceeds of taxes,” so their disbursement is not subject to Article XIII B’s limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.15. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1995, Ch. 310, Sec. 1. Approved in Proposition 192 at the March 26, 1996, election.)
  68. 8879.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. )

    Verify source ↗

    The Treasurer may manage bond proceeds and related investment earnings in ways that help comply with federal rebate rules and preserve tax-exempt status.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.16. Notwithstanding any provision of the State General Obligation Bond Law with regard to the proceeds from the sale of bonds authorized by this chapter that are subject to investment under Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4, the Treasurer may maintain a separate account for investment earnings, order the payment of those earnings to comply with any rebate requirement applicable under federal law, and may otherwise direct the use and investment of those proceeds so as to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1995, Ch. 310, Sec. 1. Approved in Proposition 192 at the March 26, 1996, election.)
  69. 8879.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 1. General Provisions [8879 - 8879.2] ( Article 1 added by Stats. 1995, Ch. 310, Sec. 1. )

    Verify source ↗

    This section defines four terms used in the chapter: Board, Committee, Fund, and State Highway Account.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 1. General Provisions [8879 - 8879.2] ( Article 1 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.2. As used in this chapter, the following terms have the following meanings: (a) “Board” means any department receiving an allocation from the Department of Finance. (b) “Committee” means the Seismic Retrofit Finance Committee created pursuant to Section 8879.7. (c) “Fund” means the Seismic Retrofit Bond Fund of 1996 created pursuant to Section 8879.3. (d) “State Highway Account” means the State Highway Account in the State Transportation Fund. (Added by Stats. 1995, Ch. 310, Sec. 1. Approved in Proposition 192 at the March 26, 1996, election.)
  70. 8879.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 1. General Provisions [8879.20 - 8879.22] ( Article 1 added by Stats. 2006, Ch. 25, Sec. 1. )

    Verify source ↗

    This chapter is named the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006, and it becomes operative only if voters adopt it at the November 7, 2006 statewide general election.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 1. General Provisions [8879.20 - 8879.22] ( Article 1 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.20. (a) This chapter shall be known as the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. (b) This chapter shall only become operative upon adoption by the voters at the November 7, 2006, statewide general election. (Added by Stats. 2006, Ch. 25, Sec. 1. Approved in Proposition 1B at the November 7, 2006, election.)
  71. 8879.22.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 1. General Provisions [8879.20 - 8879.22] ( Article 1 added by Stats. 2006, Ch. 25, Sec. 1. )

    Verify source ↗

    This section defines three terms used in the chapter: “Board,” “Committee,” and “Fund.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 1. General Provisions [8879.20 - 8879.22] ( Article 1 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.22. As used in this chapter, the following terms have the following meanings: (a) “Board” means any department receiving an allocation of bond proceeds pursuant to this chapter. (b) “Committee” means the Highway Safety, Traffic Reduction, Air Quality, and Port Security Committee created pursuant to Section 8879.27. (c) “Fund” means the Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 created pursuant to Section 8879.23. (Added by Stats. 2006, Ch. 25, Sec. 1. Approved in Proposition 1B at the November 7, 2006, election.)
  72. 8879.23.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 2. Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 and Program [8879.23- 8879.23.] ( Article 2 added by Stats. 2006, Ch. 25, Sec. 1. )

    Verify source ↗

    This section creates the Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 and divides bond proceeds among many transportation, safety, and air-quality accounts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 2. Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 and Program [8879.23- 8879.23.] ( Article 2 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.23. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 is hereby created in the State Treasury. The Legislature intends that the proceeds of bonds deposited in the fund shall be used to fund the mobility, safety, and air quality improvements described in this article over the course of the next decade. The proceeds of bonds issued and sold pursuant to this chapter for the purposes specified in this chapter shall be allocated in the following manner: (a) (1) Four billion five hundred million dollars ($4,500,000,000) shall be deposited in the Corridor Mobility Improvement Account, which is hereby created in the fund. Funds in the account shall be available to the California Transportation Commission, upon appropriation in the annual Budget Bill by the Legislature, for allocation for performance improvements on highly congested travel corridors in California. Funds in the account shall be used for performance improvements on the state highway system, or major access routes to the state highway system on the local road system that relieve congestion by expanding capacity, enhancing operations, or otherwise improving travel times within these high-congestion travel corridors, as identified by the department and regional or local transportation agencies, pursuant to the process in paragraph (3) or (4), as applicable. (2) The commission shall develop and adopt guidelines, by December 1, 2006, including regional programming targets, for the program funded by this subdivision, and shall allocate funds from the account to projects after reviewing project nominations submitted by the Department of Transportation and by regional transportation planning agencies or county transportation commissions or authorities pursuant to paragraph (4). (3) Subject to the guidelines adopted pursuant to paragraph (2), the department shall nominate, by no later than January 15, 2007, projects for the allocation of funds from the account on a statewide basis. The department’s nominations shall be geographically balanced and shall reflect the department’s assessment of a program that best meets the policy objectives described in paragraph (1). (4) Subject to the guidelines adopted pursuant to paragraph (2), a regional transportation planning agency or county transportation commission or authority responsible for preparing a regional transportation improvement plan under Section 14527 may nominate projects identified pursuant to paragraph (1) that best meet the policy objectives described in that paragraph for funding from the account. Projects nominated pursuant to this paragraph shall be submitted to the commission for consideration for funding by no later than January 15, 2007. (5) All nominations to the California Transportation Commission shall be accompanied by documentation regarding the quantitative and qualitative measures validating each project’s consistency with the policy objectives described in paragraph (1). All projects nominated to the commission for funds from this account shall be included in a regional transportation plan. (6) After review of the project nominations, and supporting documentation, the commission, by no later than March 1, 2007, shall adopt an initial program of projects to be funded from the account. This program may be updated every two years in conjunction with the biennial process for adoption of the state transportation improvement program pursuant to guidelines adopted by the commission. The inclusion of a project in the program shall be based on a demonstration that the project meets all of the following criteria: (A) Is a high-priority project in the corridor as demonstrated by either of the following: (i) its inclusion in the list of nominated projects by both the department pursuant to paragraph (3) and the regional transportation planning agency or county transportation commission or authority, pursuant to paragraph (4); or (ii) if needed to fully fund the project, the identification and commitment of supplemental funding to the project from other state, local, or federal funds. (B) Can commence construction or implementation no later than December 31, 2012. (C) Improves mobility in a high-congestion corridor by improving travel times or reducing the number of daily vehicle hours of delay, improves the connectivity of the state highway system between rural, suburban, and urban areas, or improves the operation or safety of a highway or road segment. (D) Improves access to jobs, housing, markets, and commerce. (7) Where competing projects offer similar mobility improvements to a specific corridor, the commission shall consider additional benefits when determining which project shall be included in the program for funding. These benefits shall include, but are not limited to, the following: (A) A finding that the project provides quantifiable air quality benefits. (B) A finding that the project substantially increases the safety for travelers in the corridor. (8) In adopting a program for funding pursuant to this subdivision, the commission shall make a finding that the program is geographically balanced, consistent with the geographic split for funding described in Section 188 of the Streets and Highways Code; provides mobility improvements in highly traveled or highly congested corridors in all regions of California; and targets bond proceeds in a manner that provides the increment of funding necessary, when combined with other state, local, or federal funds, to provide the mobility benefit in the earliest possible timeframe. (9) The commission shall include in its annual report to the Legislature, required by Section 14535, a summary of its activities related to the administration of this program. The summary should, at a minimum, include a description and the location of the projects contained in the program, the amount of funds allocated to each project, the status of each project, and a description of the mobility improvements the program is achieving. (b) One billion dollars ($1,000,000,000) shall be made available, upon appropriation in the annual Budget Bill by the Legislature, to the department for improvements to State Route 99. Funds may be used for safety, operational enhancements, rehabilitation, or capacity improvements necessary to improve the State Route 99 corridor traversing approximately 400 miles of the central valley of this state. (c) Three billion one hundred million dollars ($3,100,000,000) shall be deposited in the California Ports Infrastructure, Security, and Air Quality Improvement Account, which is hereby created in the fund. The money in the account shall be available, upon appropriation by the Legislature and subject to such conditions and criteria as the Legislature may provide by statute, as follows: (1) (A) Two billion dollars ($2,000,000,000) shall be transferred to the Trade Corridors Improvement Fund, which is hereby created. The money in this fund shall be available, upon appropriation in the annual Budget Bill by the Legislature and subject to such conditions and criteria as the Legislature may provide by statute, for allocation by the California Transportation Commission for infrastructure improvements along federally designated “Trade Corridors of National Significance” in this state or along other corridors within this state that have a high volume of freight movement, as determined by the commission. In determining projects eligible for funding, the commission shall consult the trade infrastructure and goods movement plan submitted to the commission by the Secretary of Transportation and the Secretary for Environmental Protection. No moneys shall be allocated from this fund until the report is submitted to the commission for its consideration, provided the report is submitted no later than January 1, 2007. The commission shall also consult trade infrastructure and goods movement plans adopted by regional transportation planning agencies, adopted regional transportation plans required by state and federal law, and the statewide port master plan prepared by the California Marine and Intermodal Transportation System Advisory Council (Cal-MITSAC) pursuant to Section 1760 of the Harbors and Navigation Code, when determining eligible projects for funding. Eligible projects for these funds include, but are not limited to, all of the following: (i) Highway capacity improvements and operational improvements to more efficiently accommodate the movement of freight, particularly for ingress and egress to and from the state’s seaports, including navigable inland waterways used to transport freight between seaports, land ports of entry, and airports, and to relieve traffic congestion along major trade or goods movement corridors. (ii) Freight rail system improvements to enhance the ability to move goods from seaports, land ports of entry, and airports to warehousing and distribution centers throughout California, including projects that separate rail lines from highway or local road traffic, improve freight rail mobility through mountainous regions, relocate rail switching yards, and other projects that improve the efficiency and capacity of the rail freight system. (iii) Projects to enhance the capacity and efficiency of ports. (iv) Truck corridor improvements, including dedicated truck facilities or truck toll facilities. (v) Border access improvements that enhance goods movement between California and Mexico and that maximize the state’s ability to access coordinated border infrastructure funds made available to the state by federal law. (vi) Surface transportation improvements to facilitate the movement of goods to and from the state’s airports. (B) The commission shall allocate funds for trade infrastructure improvements from the account in a manner that (i) addresses the state’s most urgent needs, (ii) balances the demands of various ports (between large and small ports, as well as between seaports, airports, and land ports of entry), (iii) provides reasonable geographic balance between the state’s regions, and (iv) places emphasis on projects that improve trade corridor mobility while reducing emissions of diesel particulate and other pollutant emissions. In addition, the commission shall also consider the following factors when allocating these funds: (i) “Velocity,” which means the speed by which large cargo would travel from the port through the distribution system. (ii) “Throughput,” which means the volume of cargo that would move from the port through the distribution system. (iii) “Reliability,” which means a reasonably consistent and predictable amount of time for cargo to travel from one point to another on any given day or at any given time in California. (iv) “Congestion reduction,” which means the reduction in recurrent daily hours of delay to be achieved. (C) The commission shall allocate funds made available by this paragraph to projects that have identified and committed supplemental funding from appropriate local, federal, or private sources. The commission shall determine the appropriate amount of supplemental funding each project should have to be eligible for moneys from this fund based on a project-by-project review and an assessment of the project’s benefit to the state and the program. Except for border access improvements described in clause (v) of subparagraph (A), improvements funded with moneys from this fund shall have supplemental funding that is at least equal to the amount of the contribution from the fund. The commission may give priority for funding to projects with higher levels of committed supplemental funding. (D) The commission shall include in its annual report to the Legislature, required by Section 14535, a summary of its activities related to the administration of this program. The summary should, at a minimum, include a description and the location of the projects contained in the program, the amount of funds allocated to each project, the status of each project, and a description of the mobility and air quality improvements the program is achieving. (2) One billion dollars ($1,000,000,000) shall be made available, upon appropriation by the Legislature and subject to such conditions and criteria contained in a statute enacted by the Legislature, to the State Air Resources Board for emission reductions, not otherwise required by law or regulation, from activities related to the movement of freight along California’s trade corridors. Funds made available by this paragraph are intended to supplement existing funds used to finance strategies and public benefit projects that reduce emissions and improve air quality in trade corridors commencing at the state’s airports, seaports, and land ports of entry. (3) One hundred million dollars ($100,000,000) shall be available, upon appropriation by the Legislature, to the Office of Emergency Services to be allocated, as grants, for port, harbor, and ferry terminal security improvements. Eligible applicants shall be publicly owned ports, harbors, and ferryboat and ferry terminal operators, which may submit applications for projects that include, but are not limited to, the following: (A) Video surveillance equipment. (B) Explosives detection technology, including, but not limited to, X-ray devices. (C) Cargo scanners. (D) Radiation monitors. (E) Thermal protective equipment. (F) Site identification instruments capable of providing a fingerprint for a broad inventory of chemical agents. (G) Other devices capable of detecting weapons of mass destruction using chemical, biological, or other similar substances. (H) Other security equipment to assist in any of the following: (i) Screening of incoming vessels, trucks, and incoming or outbound cargo. (ii) Monitoring the physical perimeters of harbors, ports, and ferry terminals. (iii) Providing or augmenting onsite emergency response capability. (I) Overweight cargo detection equipment, including, but not limited to, intermodal crane scales and truck weight scales. (J) Developing disaster preparedness or emergency response plans. (d) Two hundred million dollars ($200,000,000) shall be available, upon appropriation by the Legislature, for schoolbus retrofit and replacement to reduce air pollution and to reduce children’s exposure to diesel exhaust. (e) Two billion dollars ($2,000,000,000) shall be available for projects in the state transportation improvement program, to augment funds otherwise available for this purpose from other sources. The funds provided by this subdivision shall be deposited in the Transportation Facilities Account which is hereby created in the fund, and shall be available, upon appropriation by the Legislature, to the Department of Transportation, as allocated by the California Transportation Commission in the same manner as funds allocated for those projects under existing law. (f) (1) Four billion dollars ($4,000,000,000) shall be deposited in the Public Transportation Modernization, Improvement, and Service Enhancement Account, which is hereby created in the fund. Funds in the account shall be made available, upon appropriation by the Legislature, to the Department of Transportation for intercity rail projects and to commuter or urban rail operators, bus operators, waterborne transit operators, and other transit operators in California for rehabilitation, safety or modernization improvements, capital service enhancements or expansions, new capital projects, bus or rapid transit improvements, or for rolling stock procurement, rehabilitation, or replacement. (2) Of the funds made available in paragraph (1), four hundred million dollars ($400,000,000) shall be available, upon appropriation by the Legislature, to the department for intercity rail improvements, of which one hundred twenty-five million dollars ($125,000,000) shall be used for the procurement of additional intercity railcars and locomotives. (3) Of the funds remaining after the allocations in paragraph (2), 50 percent shall be distributed to the Controller, for allocation to eligible agencies using the formula in Section 99314 of the Public Utilities Code, and 50 percent shall be distributed to the Controller, for allocation to eligible agencies using the formula in Section 99313 of the Public Utilities Code, subject to the provisions governing funds allocated under those sections. (g) One billion dollars ($1,000,000,000) shall be deposited in the State-Local Partnership Program Account, which is hereby created in the fund. The funds shall be available, upon appropriation by the Legislature and subject to such conditions and criteria as the Legislature may provide by statute, for allocation by the California Transportation Commission over a five-year period to eligible transportation projects nominated by an applicant transportation agency. A dollar-for-dollar match of local funds shall be required for an applicant transportation agency to receive state funds under this program. (h) One billion dollars ($1,000,000,000) shall be deposited in the Transit System Safety, Security, and Disaster Response Account, which is hereby created in the fund. Funds in the account shall be made available, upon appropriation by the Legislature and subject to such conditions and criteria as the Legislature may provide by statute, for capital projects that provide increased protection against a security and safety threat, and for capital expenditures to increase the capacity of transit operators, including waterborne transit operators, to develop disaster response transportation systems that can move people, goods, and emergency personnel and equipment in the aftermath of a disaster impairing the mobility of goods, people, and equipment. (i) One hundred twenty-five million dollars ($125,000,000) shall be deposited in the Local Bridge Seismic Retrofit Account, which is hereby created in the fund. The funds in the account shall be used, upon appropriation by the Legislature, to provide the 11.5 percent required match for federal Highway Bridge Replacement and Repair funds available to the state for seismic work on local bridges, ramps, and overpasses, as identified by the Department of Transportation. (j) (1) Two hundred fifty million dollars ($250,000,000) shall be deposited in the Highway-Railroad Crossing Safety Account, which is hereby created in the fund. Funds in the account shall be available, upon appropriation by the Legislature, to the Department of Transportation for the completion of high-priority grade separation and railroad crossing safety improvements. Funds in the account shall be made available for allocation pursuant to the process established in Chapter 10 (commencing with Section 2450) of Division 3 of the Streets and Highways Code, except that a dollar-for-dollar match of nonstate funds shall be provided for each project, and the limitation on maximum project cost in subdivision (g) of Section 2454 of the Streets and Highways Code shall not be applicable to projects funded with these funds. (2) Notwithstanding the funding allocation process described in paragraph (1), in consultation with the department and the Public Utilities Commission, the California Transportation Commission shall allocate one hundred million dollars ($100,000,000) of the funds in the account to high-priority railroad crossing improvements, including grade separation projects, that are not part of the process established in Chapter 10 (commencing with Section 2450) of Division 3 of the Streets and Highways Code. The allocation of funds under this paragraph shall be made in consultation and coordination with the High-Speed Rail Authority created pursuant to Division 19.5 (commencing with Section 185000) of the Public Utilities Code. (k) (1) Seven hundred fifty million dollars ($750,000,000) shall be deposited in the Highway Safety, Rehabilitation, and Preservation Account, which is hereby created in the fund. Funds in the account shall be available, upon appropriation by the Legislature, to the Department of Transportation, as allocated by the California Transportation Commission, for the purposes of the state highway operation and protection program as described in Section 14526.5. (2) The department shall develop a program for distribution of two hundred fifty million dollars ($250,000,000) from the funds identified in paragraph (1) to fund traffic light synchronization projects or other technology-based improvements to improve safety, operations, and the effective capacity of local streets and roads. (l) (1) Two billion dollars ($2,000,000,000) shall be deposited in the Local Streets and Road Improvement, Congestion Relief, and Traffic Safety Account of 2006, which is hereby created in the fund. The proceeds of bonds deposited into that account shall be available, upon appropriation by the Legislature, for the purposes specified in this subdivision to the Controller for administration and allocation in the fiscal year in which the bonds are issued and sold, including any interest or other return earned on the investment of those moneys, in the following manner: (A) Fifty percent to the counties, including a city and county, in accordance with the following formulas: (i) Seventy-five percent of the funds payable under this subparagraph shall be apportioned among the counties in the proportion that the number of fee-paid and exempt vehicles that are registered in the county bears to the number of fee-paid and exempt vehicles registered in the state. (ii) Twenty-five percent of the funds payable under this subparagraph shall be apportioned among the counties in the proportion that the number of miles of maintained county roads in each county bears to the total number of miles of maintained county roads in the state. For the purposes of apportioning funds under this clause, any roads within the boundaries of a city and county that are not state highways shall be deemed to be county roads. (B) Fifty percent to the cities, including a city and county, apportioned among the cities in the proportion that the total population of the city bears to the total population of all the cities in the state, provided, however, that the Controller shall allocate a minimum of four hundred thousand dollars ($400,000) to each city, pursuant to this subparagraph. (2) Funds received under this subdivision shall be deposited as follows in order to avoid the commingling of those funds with other local funds: (A) In the case of a city, into the city account that is designated for the receipt of state funds allocated for local streets and roads. (B) In the case of an eligible county, into the county road fund. (C) In the case of a city and county, into a local account that is designated for the receipt of state funds allocated for local streets and roads. (3) For the purpose of allocating funds under this subdivision to cities and a city and county, the Controller shall use the most recent population estimates prepared by the Demographic Research Unit of the Department of Finance. For a city that incorporated after January 1, 1998, that does not appear on the most recent population estimates prepared by the Demographic Research Unit, the Controller shall use the population determined for that city under Section 11005.3 of the Revenue and Taxation Code. (4) Funds apportioned to a city, county, or city and county under this subdivision, including any interest or other return earned on the investment of those funds, shall be used for improvements to transportation facilities that will assist in reducing local traffic congestion and further deterioration, improving traffic flows, or increasing traffic safety that may include, but not be limited to, street and highway pavement maintenance, rehabilitation, installation, construction, and reconstruction of necessary associated facilities such as drainage and traffic control devices, or the maintenance, rehabilitation, installation, construction, and reconstruction of facilities that expand ridership on transit systems, safety projects to reduce fatalities, or as a local match to obtain state or federal transportation funds for similar purposes. (5) At the conclusion of each fiscal year during which a city or county expends the funds it has received under this subdivision, including any interest or other return earned on the investment of these funds, the Controller may verify the city’s or county’s compliance with paragraph (4). Any city or county that has not complied with paragraph (4) shall reimburse the state for the funds it received during that fiscal year, including any interest or other return earned on the investment of these funds. Any funds withheld or returned as a result of a failure to comply with paragraph (4) shall be reallocated to the other counties and cities whose expenditures are in compliance. (Amended by Stats. 2013, Ch. 352, Sec. 223. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352. Note: This section was added by Stats. 2006, Ch. 25, and approved in Prop. 1B on Nov. 7, 2006.)
  73. 8879.25.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. )

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    The section authorizes issuing and selling up to $19.925 billion in bonds, excluding refunding bonds, for chapter purposes and reimbursement of a revolving fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.25. Bonds in the total amount of nineteen billion nine hundred twenty-five million dollars ($19,925,000,000), exclusive of refunding bonds, or so much thereof as is necessary, are hereby authorized to be issued and sold for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5. All bonds herein authorized which have been duly sold and delivered as provided herein shall constitute valid and legally binding general obligations of the state, and the full faith and credit of the state is hereby pledged for the punctual payment of both principal and interest thereof. (Added by Stats. 2006, Ch. 25, Sec. 1. Approved in Proposition 1B at the November 7, 2006, election.)
  74. 8879.26.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. )

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    Bonds authorized by this chapter must be handled under the State General Obligation Bond Law, except for subdivision (a) of Section 16727 if it conflicts with this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.26. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4), except subdivision (a) of Section 16727 to the extent that subdivision is inconsistent with this chapter, and all of the other provisions of that law as amended from time to time apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (Added by Stats. 2006, Ch. 25, Sec. 1. Approved in Proposition 1B at the November 7, 2006, election.)
  75. 8879.27.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. )

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    This section creates a committee for bond issuance, sets who sits on it, makes the Treasurer its chair, lets the committee adopt limited financing guidelines, and says those guidelines are not general regulations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.27. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the Highway Safety, Traffic Reduction, Air Quality, and Port Security Committee is hereby created. For the purposes of this chapter, the Highway Safety, Traffic Reduction, Air Quality, and Port Security Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Treasurer, the Controller, the Director of Finance, and the Secretary of Transportation, or a designated representative of each of those officials. The Treasurer shall serve as the chairperson of the committee. A majority of the committee may act for the committee. (b) The committee may adopt guidelines establishing requirements for administration of its financing programs to the extent necessary to protect the validity of, and tax exemption for, interest on the bonds. The guidelines shall not constitute rules, regulations, orders, or standards of general application. (c) For the purposes of the State General Obligation Bond Law, any department receiving an allocation pursuant to this chapter is designated to be the “board.” (Amended by Stats. 2013, Ch. 352, Sec. 224. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352. Note: This section was added by Stats. 2006, Ch. 25, and approved in Prop. 1B on Nov. 7, 2006.)
  76. 8879.28.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. )

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    After the board requests action and says funds are needed, the committee must decide whether issuing authorized bonds is necessary or desirable, and how much to issue and sell.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.28. Upon request of the board stating that funds are needed for purposes of this chapter, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 8879.23, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and are not required to be sold at any one time. Bonds may bear interest subject to federal income tax. (Added by Stats. 2006, Ch. 25, Sec. 1. Approved in Proposition 1B at the November 7, 2006, election.)
  77. 8879.29.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. )

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    State-revenue officers must collect an additional annual sum to help pay bond principal and interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.29. There shall be collected annually, in the same manner and at the same time as other state revenue is collected, a sum of money in addition to the ordinary revenues of the state, sufficient to pay the principal of, and interest on, the bonds as provided herein, and all officers required by law to perform any duty in regard to the collections of state revenues shall collect that additional sum. (Added by Stats. 2006, Ch. 25, Sec. 1. Approved in Proposition 1B at the November 7, 2006, election.)
  78. 8879.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 2. Seismic Retrofit Bond Fund and Program [8879.3- 8879.3.] ( Article 2 added by Stats. 1995, Ch. 310, Sec. 1. )

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    This section creates the Seismic Retrofit Bond Fund of 1996 and directs bond proceeds into specified retrofit uses and accounts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 2. Seismic Retrofit Bond Fund and Program [8879.3- 8879.3.] ( Article 2 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.3. The Seismic Retrofit Bond Fund of 1996 is hereby created in the State Treasury. The proceeds of bonds issued and sold pursuant to this chapter for the purposes specified in this chapter are hereby appropriated, without regard to fiscal years, to the Department of Finance for allocation in the following manner: (a) Two billion dollars ($2,000,000,000) for the seismic retrofit of state-owned highways and bridges, including toll bridges, throughout the state. Funds allocated by the California Transportation Commission for this purpose shall be deposited in the 1996 Seismic Retrofit Account, which is hereby created in the fund, and, upon deposit, are continuously appropriated to the Department of Transportation. Funds may be used to match any available federal funds for transportation purposes or may be used without matching federal funds to reconstruct, replace, or retrofit state-owned highways and bridges, including toll bridges. (b) Funds described in this section shall be spent exclusively for the seismic retrofit of state-owned toll bridges in an amount equal to six hundred fifty million dollars ($650,000,000). (c) The funds in the 1996 Seismic Retrofit Account are available for borrowing only for cash-flow purposes of the State Highway Account, and the funds borrowed shall be repaid to the account within one year. In addition, the proceeds of the bonds sold shall be used to reimburse the State Highway Account and the Consolidated Toll Bridge Fund for Phase Two retrofit expenditures incurred in the 1994–95 and 1995–96 fiscal years. (Amended by Stats. 2001, Ch. 745, Sec. 75. Effective October 12, 2001. Note: This section was added by Stats. 1995, Ch. 310, and approved in Prop. 192 on March 26, 1996.)
  79. 8879.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. )

    Verify source ↗

    The General Fund is appropriated for this chapter to pay bond principal and interest and to carry out Section 8879.32.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.30. Notwithstanding Section 13340, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum which is necessary to carry out Section 8879.32, appropriated without regard to fiscal years. (Added by Stats. 2006, Ch. 25, Sec. 1. Approved in Proposition 1B at the November 7, 2006, election.)
  80. 8879.31.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. )

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    The board may ask for a loan from the Pooled Money Investment Account, and must sign any documents required to get and repay it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.31. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312, for purposes of this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of this chapter, less any amount withdrawn pursuant to Section 8879.32. The board shall execute any documents as required by the Pooled Money Investment Board to obtain and repay the loan. Any amount loaned shall be deposited in the fund to be allocated in accordance with this chapter. (Added by Stats. 2006, Ch. 25, Sec. 1. Approved in Proposition 1B at the November 7, 2006, election.)
  81. 8879.32.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. )

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    The Director of Finance may authorize withdrawals from the General Fund for this chapter, but the amount cannot exceed the unsold bonds authorized for sale.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.32. For the purpose of carrying out this chapter, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of any amount or amounts not to exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006. Any money made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from money received from the sale of bonds which would otherwise be deposited in that fund. (Added by Stats. 2006, Ch. 25, Sec. 1. Approved in Proposition 1B at the November 7, 2006, election.)
  82. 8879.33.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. )

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    The bonds may be refunded under the State General Obligation Bond Law, and voter approval of this act counts as approval of any refunding bonds issued under that law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.33. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of the State General Obligation Bond Law. Approval by the electors of this act shall constitute approval of any refunding bonds issued pursuant to the State General Obligation Bond Law. (Added by Stats. 2006, Ch. 25, Sec. 1. Approved in Proposition 1B at the November 7, 2006, election.)
  83. 8879.34.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. )

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    Bonds authorized by this chapter may not have a maturity longer than 30 years from the date of each series.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.34. Notwithstanding any provisions in the State General Obligation Bond Law, the maximum maturity of any bonds authorized by this chapter shall not exceed 30 years from the date of each respective series. The maturity of each series shall be calculated from the date of each series. (Added by Stats. 2006, Ch. 25, Sec. 1. Approved in Proposition 1B at the November 7, 2006, election.)
  84. 8879.35.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. )

    Verify source ↗

    The Legislature declares that bond sale proceeds under this chapter are not “proceeds of taxes,” so their disbursement is not subject to the limits in Article XIII B of the California Constitution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.35. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2006, Ch. 25, Sec. 1. Approved in Proposition 1B at the November 7, 2006, election.)
  85. 8879.36.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. )

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    The Treasurer may keep a separate account for bond investment earnings and direct how those proceeds are used and invested to meet federal rebate rules and preserve tax-exempt status.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.36. Notwithstanding any provision of the State General Obligation Bond Law with regard to the proceeds from the sale of bonds authorized by this chapter that are subject to investment under Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4, the Treasurer may maintain a separate account for investment earnings, order the payment of those earnings to comply with any rebate requirement applicable under federal law, and may otherwise direct the use and investment of those proceeds so as to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2006, Ch. 25, Sec. 1. Approved in Proposition 1B at the November 7, 2006, election.)
  86. 8879.37.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. )

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    Money from bond premiums and accrued interest must be transferred to the General Fund as a credit for bond interest expenditures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.49. The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.20 - 8879.37] ( Chapter 12.49 added by Stats. 2006, Ch. 25, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.25 - 8879.37] ( Article 3 added by Stats. 2006, Ch. 25, Sec. 1. ) ## 8879.37. All money derived from premium and accrued interest on bonds sold pursuant to this chapter shall be transferred to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2006, Ch. 25, Sec. 1. Approved in Proposition 1B at the November 7, 2006, election.)
  87. 8879.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. )

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    The state may issue and sell up to $2 billion in bonds, not counting refunding bonds, for the chapter’s purposes and to reimburse a state bond expense fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.5. Bonds in the total amount of two billion dollars ($2,000,000,000), exclusive of refunding bonds, or so much thereof as is necessary, are hereby authorized to be issued and sold for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5. All bonds herein authorized which have been duly sold and delivered as provided herein shall constitute valid and legally binding general obligations of the state, and the full faith and credit of the state is hereby pledged for the punctual payment of both principal and interest thereof. (Added by Stats. 1995, Ch. 310, Sec. 1. Approved in Proposition 192 at the March 26, 1996, election.)
  88. 8879.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 1. General Provisions [8879.50 - 8879.501] ( Article 1 added by Stats. 2007, Ch. 181, Sec. 1. )

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    This section defines key terms, sets limits on administrative costs, assigns administrative agencies for certain bond accounts, and requires project funding plans and periodic reporting before and after project allocation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 1. General Provisions [8879.50 - 8879.501] ( Article 1 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.50. (a) As used in this chapter and in Chapter 12.49 (commencing with Section 8879.20), the following terms have the following meanings: (1) “Commission” means the California Transportation Commission. (2) “Department” means the Department of Transportation. (3) “Administrative agency” means the state agency responsible for programming bond funds made available by Chapter 12.49 (commencing with Section 8879.20), as specified in subdivision (c). (4) Unless otherwise specified in this chapter, “project” includes equipment purchase, construction, right-of-way acquisition, and project delivery costs. (5) “Recipient agency” means the recipient of bond funds made available by Chapter 12.49 (commencing with Section 8879.20) that is responsible for implementation of an approved project. (6) “Fund” shall have the same meaning as in subdivision (c) of Section 8879.20. (b) Administrative costs, including audit and program oversight costs for agencies, commissions, or departments administering programs funded pursuant to this chapter, recoverable by bond funds shall not exceed 3 percent of the program’s cost. (c) The administrative agency for each bond account is as follows: (1) The commission is the administrative agency for the Corridor Mobility Improvement Account; the Trade Corridors Improvement Fund; the Transportation Facilities Account; the State Route 99 Account; the State-Local Partnership Program Account; the Local Bridge Seismic Retrofit Account; the Highway-Railroad Crossing Safety Account; and the Highway Safety, Rehabilitation, and Preservation Account. (2) The Office of Emergency Services is the administrative agency for the Port and Maritime Security Account and the Transit System Safety, Security, and Disaster Response Account. (3) The department is the administrative agency for the Public Transportation Modernization, Improvement, and Service Enhancement Account. (d) The administrative agency shall not approve project fund allocations for a project until the recipient agency provides a project funding plan that demonstrates that the funds are expected to be reasonably available and sufficient to complete the project. The administrative agency may approve funding for usable project segments only if the benefits associated with each individual segment are sufficient to meet the objectives of the program from which the individual segment is funded. (e) Guidelines adopted by the administrative agency pursuant to this chapter and Chapter 12.49 (commencing with Section 8879.20) are intended to provide internal guidance for the agency and shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3), and shall do all of the following: (1) Provide for the audit of project expenditures and outcomes. (2) Require that the useful life of the project be identified as part of the project nomination process. (3) Require that project nominations have project delivery milestones, including, but not limited to, start and completion dates for environmental clearance, land acquisition, design, construction bid award, construction completion, and project closeout, as applicable. (f) (1) As a condition for allocation of funds to a specific project under Chapter 12.49 (commencing with Section 8879.20), the administrative agency shall require the recipient agency to report, on a semiannual basis, on the activities and progress made toward implementation of the project. If it is anticipated that project costs will exceed the approved project budget, the recipient agency shall provide a plan to the administrative agency for achieving the benefits of the project by either downscoping the project to remain within budget or by identifying an alternative funding source to meet the cost increase. The administrative agency may either approve the corrective plan or direct the recipient agency to modify its plan. (2) Within six months of the project becoming operable, the recipient agency shall provide a report to the administrative agency on the final costs of the project as compared to the approved project budget, the project duration as compared to the original project schedule as of the date of allocation, and performance outcomes derived from the project compared to those described in the original application for funding. The administrative agency shall forward the report to the Department of Finance by means approved by the Department of Finance. (Amended by Stats. 2013, Ch. 352, Sec. 225. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  89. 8879.501.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 1. General Provisions [8879.50 - 8879.501] ( Article 1 added by Stats. 2007, Ch. 181, Sec. 1. )

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    A lead applicant regional or local agency may ask the administrative agency for a letter of no prejudice. The administrative agency may approve it for eligible projects and must have the letter reference the project and approved bond funding amount.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 1. General Provisions [8879.50 - 8879.501] ( Article 1 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.501. (a) A regional or local agency that is a lead applicant agency for a project that may be funded pursuant to Chapter 12.49 (commencing with Section 8879.20), other than a project that may be funded pursuant to paragraph (1) of subdivision (j) of Section 8879.23, may apply to the administrative agency for a letter of no prejudice for the project or a component of the project.The administrative agency may approve the letter of no prejudice for one or more projects or project components that the administrative agency has programmed or otherwise approved for funding. The letter of no prejudice shall reference the project or component thereof and the amount of bond funding that is programmed or otherwise approved for that project or project component or, in the case of a project or project component eligible for funding under subdivision (g) of Section 8879.23, the letter may reference the amount of bond funding targeted to be received by the regional or local agency pursuant to subdivision (f) of Section 8879.72. The administrative agency may approve a letter of no prejudice regardless of whether bond funding has been previously appropriated for purposes of the project or project component. (b) Expenditures for the costs, up to the amount set forth in the letter of no prejudice, of a project or project component for which a letter of no prejudice has been issued shall be eligible for reimbursement from the applicable bond proceeds fund or account if all of the following apply: (1) The project or project component for which the letter of no prejudice was requested has commenced and the regional or local expenditures have been incurred. (2) The expenditures made by the regional or local agency are eligible for reimbursement in accordance with state and federal laws and procedures, and are permitted expenditures under the applicable provisions of Chapter 12.49 (commencing with Section 8879.20). If expenditures made are determined to be ineligible, then the state has no obligation to reimburse for those expenditures. (3) The regional or local agency complies with all legal requirements for the project, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (4) The expenditures were incurred after the project or project component was programmed or otherwise approved for funding by the administrative agency. (5) There is in the applicable bond proceeds fund or account under Chapter 12.49 (commencing with Section 8879.20) an appropriated amount sufficient to make the reimbursement payment. Nothing in this section requires any bond proceeds fund or account to be funded at any particular time or in any particular amount. (c) The administrative agency and the regional or local agency may enter into an agreement or agreements governing reimbursement as described in this section. (d) The administrative agency, in consultation with regional and local agencies, may develop guidelines to implement this section. (e) Nothing in this section modifies any requirement under Chapter 12.49 (commencing with Section 8879.23). (f) For purposes of this section, “letter of no prejudice” means an agreement between a regional or local agency and the administrative agency that makes eligible for future reimbursement from bond proceeds the expenditure of funds under the control of the regional or local agency, subject to availability of bond funds, as provided in this section. The timing and final amount of reimbursement is dependent on the terms of the agreement and the availability of bond funds. The final amount of reimbursement may be less than the amount stated in the letter of no prejudice. (Added by Stats. 2009, Ch. 463, Sec. 2. (AB 672) Effective January 1, 2010.)
  90. 8879.51.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 2. State Route 99 Account [8879.51- 8879.51.] ( Article 2 added by Stats. 2007, Ch. 181, Sec. 1. )

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    Funds in the State Route 99 Account must be available to the department when appropriated by the Legislature, and the commission must report annually on program activities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 2. State Route 99 Account [8879.51- 8879.51.] ( Article 2 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.51. (a) Funds for the program contained in subdivision (b) of Section 8879.23 shall be deposited in the State Route 99 Account, which is hereby created in the fund. The funds in the account shall be available to the department, as allocated by the commission, upon appropriation by the Legislature. (b) The commission shall include in its annual report to the Legislature, required by Section 14535, a summary of its activities relating to the administration of this program. The summary should, at a minimum, include a description and the location of the projects contained in the program, the amount of funds allocated to each project, the status of each project, and a description of the improvements the program is achieving. (Amended by Stats. 2007, Ch. 313, Sec. 2. Effective October 8, 2007.)
  91. 8879.52.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 2.5. Trade Corridors Improvement Fund [8879.52- 8879.52.] ( Article 2.5 added by Stats. 2008, Ch. 756, Sec. 1. )

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    The commission must evaluate TCIF program costs and benefits, report to legislative committees, and set up and follow rules for short-line railroad project funding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 2.5. Trade Corridors Improvement Fund [8879.52- 8879.52.] ( Article 2.5 added by Stats. 2008, Ch. 756, Sec. 1. ) ## 8879.52. (a) The commission shall evaluate, consistent with the commission’s Trade Corridors Improvement Fund (TCIF) Guidelines, adopted November 27, 2007, as part of the 2010 TCIF review, the total potential costs and total potential economic and noneconomic benefits of the program to California’s economy, environment, and public health. The commission shall consult with the State Air Resources Board in order to use the appropriate models, techniques, and methods to develop the evaluation required by this subdivision. (b) With respect to the two billion dollars ($2,000,000,000) appropriated from the TCIF, as described in paragraph (1) of subdivision (c) of Section 8879.23, and the five hundred million dollars ($500,000,000) to be made available from the State Highway Account, the following programming schedule shall apply: (1) The Los Angeles/Inland Empire Corridor shall receive a minimum of one billion five hundred million dollars ($1,500,000,000). (2) The San Diego/International Border Corridor shall receive a minimum of two hundred fifty million dollars ($250,000,000). (3) The San Francisco Bay/Central Valley Corridor shall receive a minimum of six hundred forty million dollars ($640,000,000). (4) Other corridors, as determined by the commission, shall receive a minimum of sixty million dollars ($60,000,000). (c) The corridors referenced in subdivision (b) shall receive the minimum amount of funding programmed for that corridor notwithstanding the deprogramming of any project or projects in that corridor by the commission. If a project is, or projects are, deprogrammed, the commission shall collaborate with the local transportation agencies in that corridor to select another project or projects for programming of those funds within the minimum amount provided to each corridor pursuant to subdivision (b). (d) If the Colton Crossing project programmed in the commission’s TCIF Program as of April 10, 2008, does not meet the requirements or delivery schedule contained in its project baseline agreement when reviewed by the commission no later than March 2010, the project shall be ineligible to receive an allocation from the TCIF. The ninety-seven million dollars ($97,000,000) associated with the project shall then be available for programming in the Los Angeles/Inland Empire Corridor. In that event, the commission shall collaborate with the local transportation agencies in that corridor to select another project or projects for programming of those funds, and, in making that selection, shall take into consideration the Los Angeles/Inland Empire Corridor Tier One or Tier Two Project Lists and any other project identified by the local agencies. Projects currently receiving TCIF funding shall not be considered for selection. (e) (1) The commission shall report to the Assembly Committee on Transportation, the Senate Committee on Transportation and Housing, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Appropriations, and the Assembly Committee on Appropriations a summary of any memorandum of understanding, along with a copy of the memorandum, or any agreement executed between a railroad company and any state or local transportation agency as it relates to any project funded with moneys allocated from the TCIF within 30 days of the commission’s receipt of those documents. (2) Commencing January 1, 2012, the commission shall provide semiannual reports to the Assembly Committee on Transportation, the Senate Committee on Transportation and Housing, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Appropriations, and the Assembly Committee on Appropriations on the status of all railroad projects programmed in the TCIF program. (3) This subdivision shall become inoperative on January 1, 2015, pursuant to Section 10231.5. (f) (1) The commission shall establish a competitive funding program to provide funds to the department or regional transportation planning agencies, or both, for short-line railroad projects such as railroad reconstruction, maintenance, upgrade, or replacement. The commission shall establish the program in accordance with all of the following: (A) (i) The commission shall adopt guidelines for the program in consultation with the Transportation Agency, one representative from a regional transportation planning agency, and one representative from the Class III railroad industry. (ii) The guidelines shall be used by the commission to select projects for programming and allocation and shall be consistent with the goals and objectives of the 2018 California State Rail Plan with regard to short-line railroad infrastructure investment. (iii) The guidelines shall include performance metrics and shall require an applicant to demonstrate its ability to achieve those performance metrics in its application. The performance metrics shall include, but are not limited to, requiring an applicant to demonstrate that its project will improve the ability to move freight and will have a useful life of no less than 15 years. (iv) The guidelines shall specify that allocated funds shall not be used to support the operations of any rail system. (v) The commission shall adopt the guidelines by July 1, 2020, and shall provide a 90-day public comment period before adopting the guidelines. (B) The commission shall determine the amount of project funding subject to the following requirements: (i) The amount of funding allocated shall not exceed 50 percent of the total project cost. (ii) In order to receive program funding, at least 30 percent of the total project cost shall be provided from nongovernmental sources. (iii) Funding allocated to an individual project shall not exceed 25 percent of the total funding available in a fiscal year. (2) For purposes of this subdivision, “railroad reconstruction, maintenance, upgrading, or replacement” means the reconstruction, maintenance, or replacement of railroad right-of-way infrastructure, including, but not limited to, track, roadbed, bridges, industrial leads, and track-related structures on Class III railroads, as defined by the federal Surface Transportation Board as of January 1, 2020. “Railroad reconstruction, maintenance, upgrading, or replacement” shall also include new construction of industrial leads, switches, spurs and sidings, and extensions of existing sidings. (Amended by Stats. 2019, Ch. 32, Sec. 2. (SB 87) Effective June 27, 2019.)
  92. 8879.53.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 3. Port and Maritime Security Account [8879.53- 8879.53.] ( Article 3 added by Stats. 2007, Ch. 181, Sec. 1. )

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    This section creates the Port and Maritime Security Account, assigns administration to the Office of Emergency Services, and requires guidelines, a public hearing, and comment opportunity before funds are allocated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 3. Port and Maritime Security Account [8879.53- 8879.53.] ( Article 3 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.53. (a) Funds for the program contained in paragraph (3) of subdivision (c) of Section 8879.23 shall be deposited in the Port and Maritime Security Account, which is hereby created in the fund. For purposes of this section, “agency” or “office” means the Office of Emergency Services. (b) Funds in the account shall be available to the office, upon appropriation by the Legislature. Funds shall be made available as grants to eligible applicants, as defined in paragraph (3) of subdivision (c) of Section 8879.23, for capital projects that include, but are not limited to, those projects described in paragraph (3) of subdivision (c) of Section 8879.23. (c) Prior to allocating funds to projects from the account, the office shall adopt guidelines to establish the criteria and process for the distribution of funds. At least 30 days prior to adopting the guidelines, the office shall hold a public hearing on the proposed guidelines and shall provide opportunity for public review and comment. (d) In allocating funds from the account, the office shall do the following: (1) Address the state’s most urgent maritime security needs. (2) Balance the demands of the various large and small ports. (3) Provide reasonable geographic balance in the distribution of funds. (e) The unencumbered balance of any funds appropriated to the office prior to June 30, 2009, for purposes of this section, shall remain available to the office for encumbrance pursuant to this section until June 30, 2012. (f) The office’s activities to implement this section shall be incorporated into the report to the Legislature required in paragraph (3) of subdivision (c) of Section 8879.23. (Amended by Stats. 2013, Ch. 352, Sec. 226. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  93. 8879.54.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 4. Transportation Facilities Account [8879.54- 8879.54.] ( Article 4 added by Stats. 2007, Ch. 181, Sec. 1. )

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    The commission must include a summary of its program activities in its annual report 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 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 4. Transportation Facilities Account [8879.54- 8879.54.] ( Article 4 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.54. For the program funded by funds deposited in the Transportation Facilities Account established in subdivision (e) of Section 8879.23, the commission shall include in its annual report to the Legislature, required by Section 14535, a summary of its activities related to the administration of this program. The summary should, at a minimum, include a description and the location of the projects contained in the program, the amount of funds allocated to each project, the status of each project, and a description of the improvements the program is achieving. (Added by Stats. 2007, Ch. 181, Sec. 1. Effective August 24, 2007.)
  94. 8879.55.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 5. Public Transportation Modernization, Improvement, and Service Enhancement Account [8879.55- 8879.55.] ( Article 5 added by Stats. 2007, Ch. 181, Sec. 1. )

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    This section sets rules for allocating PTMISEA funds, including what project sponsors must submit before getting disbursements and how the Controller and department must process and review the projects.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 5. Public Transportation Modernization, Improvement, and Service Enhancement Account [8879.55- 8879.55.] ( Article 5 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.55. For funds appropriated for fiscal year 2009–10 or any subsequent fiscal year in the annual Budget Act from the Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA), established pursuant to paragraph (1) of subdivision (f) of Section 8879.23, for the purposes of paragraph (3) of that subdivision, the following shall apply: (a) (1) Upon appropriation of funds from PTMISEA, the Controller shall identify and develop a list of eligible project sponsors, as defined in paragraph (2) of subdivision (h), and the amount each is eligible to receive pursuant to the formula in paragraph (3) of subdivision (f) of Section 8879.23. Funds allocated to project sponsors pursuant to this section shall provide each project sponsor with the same proportional share of funds as the proportional share each received from the allocation of State Transit Assistance funds, pursuant to Sections 99313 and 99314 of the Public Utilities Code, over fiscal years 2004–05, 2005–06, and 2006–07. This formula shall apply to the remaining balance of funds in the PTMISEA program. (2) In establishing the amount of funding each project sponsor is eligible to receive from funds to be allocated based on Section 99313 of the Public Utilities Code, the Controller shall make the following computations: (A) For each project sponsor, compute the amounts of State Transit Assistance funds allocated to that entity pursuant to Section 99313 of the Public Utilities Code during the 2004–05, 2005–06, and 2006–07 fiscal years. (B) Compute the total statewide allocation of State Transit Assistance funds pursuant to Section 99313 of the Public Utilities Code during the 2004–05, 2005–06, and 2006–07 fiscal years. (C) Divide subparagraph (A) by subparagraph (B). (D) For each project sponsor, multiply the allocation factor computed pursuant to subparagraph (C) by 50 percent of the amount appropriated for allocation from PTMISEA. (3) In establishing the amount of funding each project sponsor is eligible to receive from funds to be allocated based on Section 99314 of the Public Utilities Code, the Controller shall make the following computations: (A) For each project sponsor, compute the amounts of State Transit Assistance funds allocated to that entity pursuant to Section 99314 of the Public Utilities Code during the 2004–05, 2005–06, and 2006–07 fiscal years. (B) Compute the total statewide allocation of State Transit Assistance funds pursuant to Section 99314 of the Public Utilities Code during the 2004–05, 2005–06, and 2006–07 fiscal years. (C) Divide subparagraph (A) by subparagraph (B). (D) For each project sponsor, multiply the allocation factor computed pursuant to subparagraph (C) by 50 percent of the amount appropriated for allocation from PTMISEA. (4) The Controller shall notify project sponsors of the amount of funding each is eligible to receive from the funds appropriated from PTMISEA in each fiscal year based on actual appropriations and the computations pursuant to subparagraph (D) of paragraph (2) and subparagraph (D) of paragraph (3). (b) Prior to seeking a disbursement of funds for an eligible PTMISEA capital project, a project sponsor on the list developed pursuant to paragraph (1) of subdivision (a) shall submit to the department a description of the proposed capital project or projects it intends to fund with PTMISEA funds in the current fiscal year. The description shall include all of the following: (1) A summary of the proposed project, which shall describe the benefit the project intends to achieve. (2) The useful life of the project, which shall not be less than the required useful life for capital assets pursuant to the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2), specifically subdivision (a) of Section 16727. (3) The estimated schedule for the completion of the project. (4) The total cost of the proposed project, including the identification of all funding sources necessary for the project to be completed. (c) After receiving the information required to be submitted under subdivision (b), the department shall review the information solely to determine all of the following: (1) The project is consistent with the requirements for funding under paragraph (1) of subdivision (f) of Section 8879.23. (2) The project is a capital improvement that meets the requirements of the state’s general obligation bond law and has a useful life consistent with paragraph (2) of subdivision (b). (3) The project, or a minimum operable segment of the project, is, or will become, fully funded with an allocation of funds from the PTMISEA, and the funds can be encumbered within three years of the allocation based on the department’s review of the project’s phase or schedule for completion, as submitted by the project sponsor. (d) (1) Upon conducting the review required in subdivision (c) and determining the proposed projects to be in compliance with the requirements of that subdivision, the department shall biannually adopt a list of projects eligible for an allocation from the funds appropriated to the account in the applicable fiscal year. (2) Upon adoption of the list by the department, the department shall provide the list of projects eligible for funding in the current fiscal year to the Controller. (e) Upon receipt of the information required in subdivision (d), the Controller’s office shall commence any necessary actions to allocate funds to the project sponsors on the list of projects, including, but not limited to, seeking the issuance of bonds for that purpose. The total allocations to any one project sponsor shall not exceed that project sponsor’s share of funds from the PTMISEA pursuant to the formula contained in subdivision (a). (f) The audit of public transportation operator finances already required under the Transportation Development Act pursuant to Section 99245 of the Public Utilities Code shall be expanded to include verification of receipt and appropriate expenditure of bond funds pursuant to this section. Each sponsoring entity receiving bond funds from this account in a fiscal year for which an audit is conducted shall transmit a copy of the audit to the department, and the department shall make the audits available to the Legislature and the Controller for review on request. (g) The commission shall include in its annual report to the Legislature, required by Section 14535, a summary of the state agencies’ activities related to the administration of funds from the account, including the administration of funds made available to the department for intercity rail improvements pursuant to paragraph (2) of subdivision (f) of Section 8879.23. The summary, at a minimum, shall include a description and the location of the projects funded from the account, the amount of funds allocated to each project, the status of each project, a description of the public benefit expected from each project, and a designation of any projects that have been subject to an audit under subdivision (f). The department and project sponsors shall provide the commission with necessary information for the preparation of the summary required under this subdivision. (h) For purposes of this section, the following terms shall have the following meanings: (1) “Project” means a capital improvement authorized under paragraph (1) of subdivision (f) of Section 8879.23 or a transit capital project, including a bus, rail or waterborne transit capital project, or minimum operable segment thereof, that is consistent with the project sponsor’s most recently adopted short-range transit plan, or other publicly-adopted plan that programs or prioritizes the expenditure of funds for transit capital improvements. (2) “Project sponsor” means a transit operator, including a rail transit, commuter rail, bus, or waterborne transit operator, eligible to receive an allocation of funds under the State Transit Assistance program pursuant to Sections 99314 and 99314.3 of the Public Utilities Code, or a local agency, including a transportation planning agency, county transportation commission, or the San Diego Metropolitan Transit Development Board, eligible to receive an allocation of funds under the State Transit Assistance program pursuant to Section 99313 of the Public Utilities Code. (i) A project sponsor that is identified to receive an allocation of funds under this section in a particular fiscal year, but that does not submit a project for funding in that fiscal year, shall retain its funding share and may accumulate and utilize that funding share in a subsequent fiscal year. (j) Prior to seeking a disbursement of funds in the 2009–10 fiscal year, a project sponsor shall also submit to the department a description of each project it intends to fund with its share of PTMISEA funds that have yet to be appropriated. The description shall include the total dollar amount requested for each of those projects in each year in which it anticipates use of PTMISEA funds. (k) The department shall transmit the information received pursuant to subdivision (j) to the Department of Finance, so that a record of the total amount requested by all program recipients is available to help determine the annual appropriation level for the remainder of PTMISEA funds that have yet to be appropriated. (l) A project sponsor may, in a particular fiscal year, loan its allocation to another project sponsor with an identified eligible project under this section in order to ensure that all allocations in that fiscal year are put to use, under terms and conditions approved by the department. (m) Allocations may be used in a subsequent fiscal year in order to provide funding to complete projects that were approved by the department in a previous fiscal year. (Amended by Stats. 2009, Ch. 271, Sec. 1. (AB 1072) Effective October 11, 2009.)
  95. 8879.57.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 6. Transit System Safety, Security, and Disaster Response Account [8879.57 - 8879.61] ( Article 6 added by Stats. 2007, Ch. 181, Sec. 1. )

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    This section requires money from the Transit System Safety, Security, and Disaster Response Account to be allocated in specified percentages and used for eligible transit capital expenditures, with filing deadlines and reallocation rules if required documents are not submitted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 6. Transit System Safety, Security, and Disaster Response Account [8879.57 - 8879.61] ( Article 6 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.57. Funds made available, upon appropriation of the Legislature, from the Transit System Safety, Security, and Disaster Response Account, created in subdivision (h) of Section 8879.23, shall be allocated as follows: (a) (1) Sixty percent of available funds shall be allocated for capital expenditures to agencies and transit operators eligible to receive State Transit Assistance funds using the formula in Sections 99313 and 99314 of the Public Utilities Code, including commuter rail operators eligible to receive State Transit Assistance funds. Of these funds, 50 percent shall be allocated to eligible agencies using the formula in Section 99314 of the Public Utilities Code, and 50 percent shall be allocated to eligible agencies using the formula in Section 99313 of the Public Utilities Code, subject to the provisions governing funds allocated under those sections. Funds allocated to the Metropolitan Transportation Commission using the formula in Section 99313 of the Public Utilities Code shall be suballocated to transit operators within its jurisdiction using the formula in Section 99314 of the Public Utilities Code. In the region served by the multicounty transportation planning agency described in Section 130004 of the Public Utilities Code, funds that are to be allocated using the formula in Section 99314 of the Public Utilities Code for the Southern California Regional Rail Authority shall be allocated to the applicable county transportation commission in each county served by the authority within that region. The county transportation commission, subject to the applicable provisions governing funds allocated under that section that are consistent with this section, shall use or allocate the funds for eligible capital expenditures as described in paragraph (2), including, but not limited to, eligible expenditures on the system of the Southern California Regional Rail Authority. The county transportation commission may suballocate these funds to the Southern California Regional Rail Authority for those purposes. (2) Eligible capital expenditures shall include either of the following: (A) A capital project that provides increased protection against a security or safety threat, including, but not limited to, the following: (i) Construction or renovation projects that are designed to enhance the security of public transit stations, tunnels, guideways, elevated structures, or other transit facilities and equipment. (ii) Explosive device mitigation and remediation equipment. (iii) Chemical, biological, radiological, and nuclear explosives search, rescue, or response equipment. (iv) Interoperable communications equipment. (v) Physical security enhancement equipment. (vi) The installation of fencing, barriers, gates, or related security enhancements that are designed to improve the physical security of transit stations, tunnels, guideways, elevated structures, or other transit facilities and equipment. (vii) Other safety- or security-related projects approved by the Office of Emergency Services. (B) Capital expenditures to increase the capacity of transit operators to develop disaster response transportation systems that can move people, goods, and emergency personnel and equipment in the aftermath of a disaster impairing the mobility of goods, people, and equipment. (b) (1) Twenty-five percent of available funds shall be allocated for capital expenditures to regional public waterborne transit agencies authorized to operate a regional public water transit system, including the operation of water transit vessels, terminals, and feeder buses, and not otherwise eligible to receive State Transit Assistance funds as of the effective date of this article. Funds shall be allocated for eligible capital expenditures that enhance the capacity of regional public waterborne transit agencies to provide disaster response transportation systems that can move people, goods, and emergency personnel and equipment in the aftermath of a disaster or emergency. (2) Eligible capital expenditures include, but are not limited to, the construction or acquisition of new vessels, the capital improvement or construction of docks, terminals, or other waterborne transit facilities, the purchase of related equipment, and the construction of fueling facilities. A project shall (A) provide capital facilities and equipment to a regional public waterborne transit system that enhances the ability of the system to respond to a regional emergency, (B) be included in a regional plan, including, but not limited to, a regional plan for waterborne transit expansion or disaster response preparedness, and (C) provide maximum flexibility in responding to disasters or emergencies. (c) (1) Fifteen percent of available funds shall be made available for capital expenditures to the intercity passenger rail system described in Section 14035 and to the commuter rail systems operated by the entities specified in Section 14072 and in Section 99314.1 of the Public Utilities Code. (2) Eligible capital expenditures shall include either of the following: (A) A capital project that provides increased protection against a security or safety threat, including, but not limited to, the following: (i) Construction or renovation projects that are designed to enhance the security of public transit stations, tunnels, guideways, elevated structures, or other transit facilities and equipment. (ii) Explosive device mitigation and remediation equipment. (iii) Chemical, biological, radiological, and nuclear explosives search, rescue, or response equipment. (iv) Interoperable communications equipment. (v) Physical security enhancement equipment. (vi) The installation of fencing, barriers, gates, or related security enhancements that are designed to improve the physical security of transit stations, tunnels, guideways, elevated structures, or other transit facilities and equipment. (vii) Other safety- or security-related projects approved by the Office of Emergency Services. (B) Capital expenditures to increase the capacity of transit operators to develop disaster response transportation systems that can move people, goods, and emergency personnel and equipment in the aftermath of a disaster impairing the mobility of goods, people, and equipment. (d) (1) An entity that is eligible to receive funds pursuant to subdivision (a) or (c) shall, within 45 days of the date the Controller makes public the list of eligible recipients pursuant to Section 8879.58, provide a document, in a form as designated by the Office of Emergency Services, to the Office of Emergency Services that indicates the intent to use those funds, the project or projects for which the funds will be used, and a schedule of funds to be drawn down. If the entity does not submit the document required under this paragraph, the funds allocated to the entity pursuant to subdivision (a) or (c) shall be reallocated by the Office of Emergency Services in accordance with paragraph (2). This paragraph also applies to transit operators receiving a suballocation from a transportation planning agency, in which case the operator rather than the transportation planning agency is required to provide the document. (2) The Office of Emergency Services shall notify the transportation planning agency if funds allocated to an entity within the region of the transportation planning agency are being reallocated pursuant to paragraph (1). The transportation planning agency shall have 30 days to provide a document, in a form as designated by the Office of Emergency Services, to the Office of Emergency Services indicating its intent to distribute those funds to transit operators or rail operators for purposes authorized under subdivision (a) or (c). An agency providing that document shall receive an allocation of the funds. If the transportation planning agency does not provide the document within 30 days, the Office of Emergency Services may allocate the funds on a competitive basis, pursuant to guidelines established by the Office of Emergency Services, to an entity in a different region of the state that is an eligible entity under subdivision (a) or (c). An eligible entity that is notified that it will be awarded these funds shall, as a condition of receiving the funds, satisfy the requirements of paragraph (1) within 45 days of being advised of the reallocation. As used in this subdivision, “transportation planning agency” includes the county transportation commission in counties that have such a commission. (3) The formula that applies to State Transit Assistance funds shall not apply to a reallocation of funds under this subdivision. (Amended by Stats. 2013, Ch. 352, Sec. 227. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  96. 8879.58.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 6. Transit System Safety, Security, and Disaster Response Account [8879.57 - 8879.61] ( Article 6 added by Stats. 2007, Ch. 181, Sec. 1. )

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    The Controller must publish eligible recipients and funding amounts, agencies must submit and review project details before disbursement, and the Controller’s office may audit allocations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 6. Transit System Safety, Security, and Disaster Response Account [8879.57 - 8879.61] ( Article 6 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.58. (a) (1) No later than September 1 of the first fiscal year in which the Legislature appropriates funds from the Transit System Safety, Security, and Disaster Response Account, and no later than September 1 of each fiscal year thereafter in which funds are appropriated from that account, the Controller shall develop and make public a list of eligible agencies and transit operators and the amount of funds each is eligible to receive from the account pursuant to subdivision (a) of Section 8879.57. It is the intent of the Legislature that funds allocated to specified recipients pursuant to this section provide each recipient with the same proportional share of funds as the proportional share each received from the allocation of State Transit Assistance funds, pursuant to Sections 99313 and 99314 of the Public Utilities Code, over fiscal years 2004–05, 2005–06, and 2006–07. (2) In establishing the amount of funding each eligible recipient is to receive under subdivision (a) of Section 8879.57 from appropriated funds to be allocated based on Section 99313 of the Public Utilities Code, the Controller shall make the following computations: (A) For each eligible recipient, compute the amounts of State Transit Assistance funds allocated to that recipient pursuant to Section 99313 of the Public Utilities Code during the 2004–05, 2005–06, and 2006–07 fiscal years. (B) Compute the total statewide allocation of State Transit Assistance funds pursuant to Section 99313 of the Public Utilities Code during the 2004–05, 2005–06, and 2006–07 fiscal years. (C) Divide subparagraph (A) by subparagraph (B). (D) For each eligible recipient, multiply the allocation factor computed pursuant to subparagraph (C) by 50 percent of the amount available for allocation pursuant to subdivision (a) of Section 8879.57. (3) In establishing the amount of funding each eligible recipient is eligible to receive under subdivision (a) of Section 8879.57 from funds to be allocated based on Section 99314 of the Public Utilities Code, the Controller shall make the following computations: (A) For each eligible recipient, compute the amounts of State Transit Assistance funds allocated to that recipient pursuant to Section 99314 of the Public Utilities Code during the 2004–05, 2005–06, and 2006–07 fiscal years. (B) Compute the total statewide allocation of State Transit Assistance funds pursuant to Section 99314 of the Public Utilities Code during the 2004–05, 2005–06, and 2006–07 fiscal years. (C) Divide subparagraph (A) by subparagraph (B). (D) For each eligible recipient, multiply the allocation factor computed pursuant to subparagraph (C) by 50 percent of the amount available for allocation pursuant to subdivision (a) of Section 8879.57. (4) The Controller shall notify eligible recipients of the amount of funding each is eligible to receive pursuant to subdivision (a) of Section 8879.57 for the duration of time that these funds are made available for these purposes based on the computations pursuant to subparagraph (D) of paragraph (2) and subparagraph (D) of paragraph (3). (b) Prior to seeking a disbursement of funds for an eligible project, an agency or transit operator on the public list described in paragraph (1) of subdivision (a) shall submit to the Office of Emergency Services a description of the project it proposes to fund with its share of funds from the account. The description shall include all of the following: (1) A summary of the proposed project that describes the safety, security, or emergency response benefit that the project intends to achieve. (2) That the useful life of the project shall not be less than the required useful life for capital assets specified in subdivision (a) of Section 16727. (3) The estimated schedule for the completion of the project. (4) The total cost of the proposed project, including identification of all funding sources necessary for the project to be completed. (c) After receiving the information required to be submitted under subdivision (b), the agency shall review the information to determine all of the following: (1) The project is consistent with the purposes described in subdivision (h) of Section 8879.23. (2) The project is an eligible capital expenditure, as described in subdivision (a) of Section 8879.57. (3) The project is a capital improvement that meets the requirements of paragraph (2) of subdivision (b). (4) The project, or a useful component thereof, is, or will become, fully funded with an allocation of funds from the Transit System Safety, Security, and Disaster Response Account. (d) (1) Upon conducting the review required in subdivision (c) and determining that a proposed project meets the requirements of that subdivision, the agency shall, on a quarterly basis, provide the Controller with a list of projects and the sponsoring agencies or transit operators eligible to receive an allocation from the account. (2) The list of projects submitted to the Controller for allocation for any one fiscal year shall be constrained by the total amount of funds appropriated by the Legislature for the purposes of this section for that fiscal year. (3) For a fiscal year in which the number of projects submitted for funding under this section exceeds available funds, the agency shall prioritize projects contained on the lists submitted pursuant to paragraph (1) so that (A) projects addressing the greatest risks to the public and that demonstrate the ability and intent to expend a significant percentage of project funds within six months have the highest priority and (B) to the maximum extent possible, the list reflects a distribution of funding that is geographically balanced. (e) Upon receipt of the information from the agency required by subdivision (d), the Controller’s office shall commence any necessary actions to allocate funds to eligible agencies and transit operators sponsoring projects on the list of projects, including, but not limited to, seeking the issuance of bonds for that purpose. The total allocations to any one eligible agency or transit operator shall not exceed that agency’s or transit operator’s share of funds from the account pursuant to the formula contained in subdivision (a) of Section 8879.57. (f) During each fiscal year that an agency or transit operator receives funds pursuant to this section, the Office of Emergency Services may monitor the project expenditures to ensure compliance with this section. (g) The Controller’s office may, pursuant to Section 12410, use its authority to audit the use of state bond funds on projects receiving an allocation under this section. Each eligible agency or transit operator sponsoring a project subject to an audit shall provide any and all data requested by the Controller’s office in order to complete the audit. The Controller’s office shall transmit copies of all completed audits to the agency and to the policy committees of the Legislature with jurisdiction over transportation and budget issues. (Amended (as amended by Stats. 2012, Ch. 32, Sec. 8) by Stats. 2013, Ch. 352, Sec. 228. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  97. 8879.59.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 6. Transit System Safety, Security, and Disaster Response Account [8879.57 - 8879.61] ( Article 6 added by Stats. 2007, Ch. 181, Sec. 1. )

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    The Office of Emergency Services must run a grant program for eligible transit agencies, set guidelines and public hearing procedures, issue funding notices, and oversee project selection and monitoring.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 6. Transit System Safety, Security, and Disaster Response Account [8879.57 - 8879.61] ( Article 6 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.59. (a) For funds appropriated from the Transit System Safety, Security, and Disaster Response Account for allocation to transit agencies eligible to receive funds pursuant to subdivision (b) of Section 8879.57, the Office of Emergency Services shall administer a grant application and award program for those transit agencies. (b) Funds awarded to transit agencies pursuant to this section shall be for eligible capital expenditures as described in subdivision (b) of Section 8879.57. (c) Prior to allocating funds to projects pursuant to this section, the office shall adopt guidelines to establish the criteria and process for the distribution of funds described in this section. Prior to adopting the guidelines, the office shall hold a public hearing on the proposed guidelines. (d) For each fiscal year in which funds are appropriated for the purposes of this section, the office shall issue a notice of funding availability no later than October 1. (e) No later than December 1 of each fiscal year in which the notice in subdivision (d) is issued, eligible transit agencies may submit project nominations for funding to the office for its review and consideration. Project nominations shall include all of the following: (1) A description of the project, which shall illustrate the physical components of the project and the security or emergency response benefit to be achieved by the completion of the project. (2) Identification of all nonbond sources of funding committed to the project. (3) An estimate of the project’s full cost and the proposed schedule for the project’s completion. (f) For a fiscal year in which the number of projects submitted for funding under this section exceeds available funds, the office shall prioritize projects so that projects addressing the greatest risks to the public and that demonstrate the ability and intent to expend a significant percentage of project funds within six months have the highest priority. (g) No later than February 1, the office shall select eligible projects to receive grants under this section and shall provide the Controller with a list of the projects and the sponsoring agencies eligible to receive an allocation from the account. Upon receipt of this information, the Controller’s office shall commence any necessary actions to allocate funds to those agencies, including, but not limited to, seeking the issuance of bonds for that purpose. Grants awarded to eligible transit agencies pursuant to subdivision (b) of Section 8879.57 shall be for eligible capital expenditures, as described in paragraph (2) of subdivision (b) of that section. (h) During each fiscal year that a transit agency receives funds pursuant to this section, the office may monitor the project expenditures to ensure project funds are expended in compliance with the submitted project nomination. (Amended (as amended by Stats. 2012, Ch. 32, Sec. 9) by Stats. 2013, Ch. 352, Sec. 229. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  98. 8879.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. )

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    The bonds under this chapter must be handled under the State General Obligation Bond Law, except Section 16727.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.6. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4), except Section 16727, and all of the other provisions of that law as amended from time to time apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (Added by Stats. 1995, Ch. 310, Sec. 1. Approved in Proposition 192 at the March 26, 1996, election.)
  99. 8879.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 6. Transit System Safety, Security, and Disaster Response Account [8879.57 - 8879.61] ( Article 6 added by Stats. 2007, Ch. 181, Sec. 1. )

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    The Office of Emergency Services must run a grant program for eligible intercity and commuter rail operators and follow required steps and deadlines for guidelines, notice, application review, and project selection.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 6. Transit System Safety, Security, and Disaster Response Account [8879.57 - 8879.61] ( Article 6 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.60. (a) For funds appropriated from the Transit System Safety, Security, and Disaster Response Account for allocation to intercity and commuter rail operators eligible to receive funds pursuant to subdivision (c) of Section 8879.57, the Office of Emergency Services shall administer a grant application and award program for those intercity and commuter rail operators. (b) Funds awarded to intercity and commuter rail operators pursuant to this section shall be for eligible capital expenditures as described in subdivision (c) of Section 8879.57. (c) Prior to allocating funds to projects pursuant to this section, the office shall adopt guidelines to establish the criteria and process for the distribution of funds described in this section. Prior to adopting the guidelines, the office shall hold a public hearing on the proposed guidelines. (d) For each fiscal year in which funds are appropriated for the purposes of this section, the office shall issue a notice of funding availability no later than October 1. (e) No later than December 1 of each fiscal year in which the notice in subdivision (d) is issued, eligible intercity and commuter rail operators may submit project nominations for funding to the agency for its review and consideration. Project nominations shall include all of the following: (1) A description of the project, which shall illustrate the physical components of the project and the security or emergency response benefit to be achieved by the completion of the project. (2) Identification of all nonbond sources of funding committed to the project. (3) An estimate of the project’s full cost and the proposed schedule for the project’s completion. (f) No later than February 1, the office shall select eligible projects to receive grants under this section. Grants awarded to intercity and commuter rail operators pursuant to subdivision (c) of Section 8879.57 shall be for eligible capital expenditures, as described in subparagraphs (A) and (B) of paragraph (2) of subdivision (c) of that section. (Amended by Stats. 2013, Ch. 352, Sec. 230. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  100. 8879.61.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 6. Transit System Safety, Security, and Disaster Response Account [8879.57 - 8879.61] ( Article 6 added by Stats. 2007, Ch. 181, Sec. 1. )

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    Some entities receiving funds under this article must spend them within three fiscal years, with a special four-year rule for certain pre-June 30, 2011 allocations. Unspent funds revert to the Office of Emergency Services, and the Office must file an annual report by May 1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 6. Transit System Safety, Security, and Disaster Response Account [8879.57 - 8879.61] ( Article 6 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.61. (a) (1) Entities described in subdivisions (a), (b), and (c) of Section 8879.57 receiving an allocation of funds pursuant to this article shall expend those funds within three fiscal years of the fiscal year in which the funds were allocated. Funds remaining unexpended thereafter shall revert to the Office of Emergency Services for reallocation under this article in subsequent fiscal years. (2) Notwithstanding paragraph (1), for an allocation of funds made prior to June 30, 2011, to an entity described in subdivision (b) of Section 8879.57, that entity shall have four fiscal years from the last day of the fiscal year in which the funds were received by that entity to expend those funds. (b) Entities that receive grant awards from funds allocated pursuant to subdivision (b) of Section 8879.57 are not eligible to receive awards from the funds allocated pursuant to subdivision (a) of Section 8879.57. (c) Funds appropriated for the program established by this article in the Budget Act of 2007 shall be allocated consistent with the allocation schedule established in Section 8879.57. (d) On or before May 1 of each year, the Office of Emergency Services shall report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Transportation and Housing, the Assembly Committee on Transportation, and the Legislative Analyst’s Office on its activities under this article. The report shall include a summary of the projects selected for funding during the fiscal year in which awards were made, the status of projects selected for funding in prior fiscal years, and a list of all transit entities that have not used funds allocated to the transit entities pursuant to Section 8879.57. (Amended by Stats. 2013, Ch. 352, Sec. 231. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  101. 8879.62.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 7. Local Bridge Seismic Retrofit Account [8879.62- 8879.62.] ( Article 7 added by Stats. 2007, Ch. 181, Sec. 1. )

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    The commission must allocate funds to the department and include a program summary in its annual report; the department may suballocate funds to local agencies where appropriate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 7. Local Bridge Seismic Retrofit Account [8879.62- 8879.62.] ( Article 7 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.62. (a) Funds deposited in the Local Bridge Seismic Retrofit Account established pursuant to subdivision (i) of Section 8879.23 shall be appropriated to the department to provide the required match for federal Highway Bridge Replacement and Repair funds available to the state for seismic work on local bridges, ramps, and overpasses, as identified by the department. (b) The commission shall allocate funds to the department based upon an annual request for funding submitted to the commission by the department on or before September 30 of each year and the level of appropriation provided by the Legislature to the program. The department may suballocate the funds to local agencies for project implementation, where appropriate. (c) The commission shall include in its annual report to the Legislature, required by Section 14535, a summary of its activities related to the administration of this program. The summary should, at a minimum, include a description and the location of the projects contained in the program, the amount of funds allocated to each project, the status of each project, and a description of the improvements the program is achieving. (Added by Stats. 2007, Ch. 181, Sec. 1. Effective August 24, 2007.)
  102. 8879.63.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 8. Highway-Railroad Crossing Safety Account [8879.63- 8879.63.] ( Article 8 added by Stats. 2007, Ch. 181, Sec. 1. )

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    The commission must adopt funding-allocation guidelines, use the money for specified railroad crossing safety purposes, and report program activity 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 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 8. Highway-Railroad Crossing Safety Account [8879.63- 8879.63.] ( Article 8 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.63. (a) Prior to allocating funds appropriated from the Highway-Railroad Crossing Safety Account established pursuant to subdivision (j) of Section 8879.23, the commission, in cooperation with the Public Utilities Commission, the department, and the High-Speed Rail Authority, shall adopt guidelines to establish the criteria and process to allocate funds to an eligible project in the program. The guidelines shall be adopted no later than February 15, 2008, and only after the commission holds a public hearing in northern California and a public hearing in southern California to review and to receive public comment on the proposed guidelines. The commission may incorporate the hearings on the proposed guidelines into its regularly scheduled hearings. (b) Funds available under this section shall be used to provide the state match for local, federal, or private funds for high-priority grade separation and railroad crossing safety improvements in California. The commission shall adopt strategies to invest these funds in a manner to make railroad crossing safety improvements at any of the following: (1) Crossings where freight rail and passenger rail share the affected guideway. (2) Crossings with high incidents of motor vehicle-rail or pedestrian-rail accidents. (3) Crossings with high vehicle-hours of delay. (4) Crossings where an improvement will result in quantifiable emission benefits. (5) Crossings where the improvement will improve the flow of rail freight to or from a port facility. (c) The guidelines adopted by the commission pursuant to subdivision (a) shall articulate the amount of funds appropriated to the account that will be expended for purposes of paragraph (1) of subdivision (j) of Section 8879.23 and for purposes of paragraph (2) of subdivision (j) of Section 8879.23. (d) The commission shall include in its annual report to the Legislature, required by Section 14535, a summary of its activities related to the administration of this program. The summary should, at a minimum, include a description and the location of the projects contained in the program, the amount of funds allocated to each project, the status of each project, and a description of the improvements the program is achieving. (Added by Stats. 2007, Ch. 181, Sec. 1. Effective August 24, 2007.)
  103. 8879.64.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 9. Highway Safety, Rehabilitation, and Preservation Account [8879.64- 8879.64.] ( Article 9 added by Stats. 2007, Ch. 181, Sec. 1. )

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    The commission must include a summary of its program activities in its annual report to the Legislature. The department may use allocated funds for highway improvements consistent with the SHOPP plan, and $150 million is to be allocated to qualifying large cities for traffic signal synchronization and systemwide installation work.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 9. Highway Safety, Rehabilitation, and Preservation Account [8879.64- 8879.64.] ( Article 9 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.64. (a) Funds appropriated from the Highway Safety, Rehabilitation, and Preservation Account established in paragraph (1) of subdivision (k) of Section 8879.23 shall be available to the department, upon allocation by the commission, for improvements to the state highway system that are consistent with the 10-year State Highway Operation and Preservation Program (SHOPP) Plan prepared pursuant to Section 14526.5. (b) As part of the program required to be developed for distribution of funds identified in paragraph (2) of subdivision (k) of Section 8879.23, one hundred fifty million dollars ($150,000,000) of the amount appropriated for this purpose shall be allocated to any city in the state with a population of over 3.5 million persons as of January 1, 2007, as determined by the Population Research Unit of the Department of Finance pursuant to Section 13073, that has a program for systemwide installation and upgrade of traffic signals within its jurisdiction. Funds shall be used for the purpose of upgrading and installing traffic signal synchronization and completing systemwide installation within its jurisdiction. (c) The commission shall include in its annual report to the Legislature, required by Section 14535, a summary of its activities related to the administration of this program. The summary should, at a minimum, include a description and the location of the projects contained in the program, the amount of funds allocated to each project, the status of each project, and a description of the improvements the program is achieving. (Added by Stats. 2007, Ch. 181, Sec. 1. Effective August 24, 2007.)
  104. 8879.65.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 10. Local Street and Road Improvement, Congestion Relief, and Traffic Safety Account of 2006 [8879.65- 8879.65.] ( Article 10 added by Stats. 2007, Ch. 181, Sec. 1. )

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    This section controls how certain bond funds are allocated, reported, and spent by local agencies, cities, counties, and a city and county.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 10. Local Street and Road Improvement, Congestion Relief, and Traffic Safety Account of 2006 [8879.65- 8879.65.] ( Article 10 added by Stats. 2007, Ch. 181, Sec. 1. ) ## 8879.65. (a) Funds appropriated from the Local Street and Road Improvement, Congestion Relief, and Traffic Safety Account of 2006, established by subdivision (l) of Section 8879.23, shall be made available to the Controller for allocation to cities, counties, and a city and county. From bond funds appropriated in the 2007–08 fiscal year for cities, including a city and county, each city, and city and county, shall receive at least a minimum allocation of four hundred thousand dollars ($400,000), as described in subparagraph (B) of paragraph (1) of subdivision (l) of Section 8879.23. The remainder of the funds appropriated for cities, including a city and county, shall be allocated in the proportion described in subparagraph (B) of paragraph (1) of subdivision (l) of Section 8879.23. In no case shall a city, or a city and county, receive an allocation in excess of its total share, as described in subdivision (l) of Section 8879.23, except as described in subdivision (d). (b) Prior to receiving an allocation of funds from the Controller in a fiscal year, an eligible local agency shall submit to the Department of Finance a list of projects expected to be funded with bond funds pursuant to an adopted city, county, or city and county budget. All projects proposed to be funded with funds from the account shall be included in a city, county, or city and county budget that is adopted by the applicable city council or board of supervisors at a regular public meeting. The list of projects expected to be funded with bond funds shall include a description and the location of the proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. The project list shall not limit the flexibility of an eligible local agency to fund projects in accordance with local needs and priorities so long as the projects are consistent with subparagraph (B) of paragraph (1) of subdivision (l) of Section 8879.23. (1) The Department of Finance shall report monthly to the Controller the eligible local agencies that have submitted a list of projects as described in this subdivision. (2) Upon receipt of the information described in paragraph (1), the Controller shall allocate funds to those agencies that have submitted a list of projects, as reported by the Department of Finance. (c) Each fiscal year upon expending funds from the account, a city, county, or city and county shall submit documentation to the Department of Finance which includes a description and location of each completed project, the amount of funds expended on the project, the completion date, and the project’s estimated useful life. The documentation shall be forwarded to the department, in a manner and form approved by the department, at the end of each fiscal year until the funds in the account are exhausted. The department may post the information contained in the documentation on the department’s official Web site. (d) (1) A city, county, or city and county receiving funds pursuant to this section shall have three fiscal years to expend the funds following the fiscal year in which the allocation was made by the Controller, and any funds not expended within that period shall be returned to the Controller and be reallocated to other cities, counties, or a city and county, as applicable, pursuant to the allocation formulas set forth in subparagraph (A) or (B) of paragraph (1) of subdivision (l) of Section 8879.23, but excluding the requirement for a minimum city allocation as described in subparagraph (B) of paragraph (1) of that subdivision and section. (2) Notwithstanding paragraph (1), a city, county, or city and county receiving funds pursuant to this section, during any fiscal year in which funds from the Highway Users Tax Account are deferred, suspended, borrowed, or shifted, shall have four fiscal years from the last date of the fiscal year in which the funds are allocated to it by the Controller to expend the funds. (e) Subject to the requirements and conditions of this section, it is the intent of the Legislature to appropriate funds from the account so that the Controller may allocate the balance of these funds to eligible local agencies over the next four years, following the 2007–08 fiscal year. Nothing in this section shall prevent the Legislature from appropriating funds on a more expedited basis based on local agency need. (f) The sum of three hundred fifty million dollars ($350,000,000) is hereby appropriated from funds in the Local Street and Road Improvement, Congestion Relief, and Traffic Safety Account of 2006 created pursuant to subdivision (l) of Section 8879.23, for allocation pursuant to this article, as an augmentation to the amount appropriated in Item 9350-104-6065 of the Budget Act of 2007. The total 2007–08 fiscal year appropriation of nine hundred fifty million dollars ($950,000,000) shall be allocated as follows: four hundred million dollars ($400,000,000) to counties and five hundred fifty million dollars ($550,000,000) to cities. (g) Notwithstanding the provisions of Item 9350-104-6065 of the Budget Act of 2008, a city or city and county that receives any portion of the funds appropriated by that item shall agree to encumber the funds before July 1, 2010. (Amended by Stats. 2011, Ch. 6, Sec. 4. (AB 105) Effective March 24, 2011.)
  105. 8879.66.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. )

    Verify source ↗

    The provision says the Legislature intends to set criteria for using State-Local Partnership Program funds and to spread available account funds for commission allocation over five years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. ) ## 8879.66. (a) It is the intent of the Legislature, pursuant to subdivision (g) of Section 8879.23, to establish criteria and conditions for use of the funds in the State-Local Partnership Program Account in the Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006. These criteria and conditions shall include, but need not be limited to, eligibility of applicants, eligibility of projects, timely use of funds, and relationship of funds in the account to other funds for transportation purposes. (b) The purpose of the State-Local Partnership Program is to do both of the following: (1) Reward “self-help” counties, cities, districts, and regional transportation agencies in which voters have approved fees or taxes solely dedicated to transportation improvements. (2) Provide funds for a wide variety of capital projects that are typically funded in local or regional voter-approved expenditure plans and that provide mobility, accessibility, system connectivity, safety, or air quality benefits. (c) It is further the intent of the Legislature that all funds available in the account, pursuant to subdivision (g) of Section 8879.23, shall be made available for allocation by the commission over a period of five years. (Added by Stats. 2008, Ch. 756, Sec. 4. Effective September 30, 2008.)
  106. 8879.67.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. )

    Verify source ↗

    This section defines “Program” and “uniform developer fees” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. ) ## 8879.67. For purposes of this article, the following definitions shall apply: (a) “Program” means the State-Local Partnership Program established in this article and funded pursuant to subdivision (g) of Section 8879.23. (b) “Uniform developer fees” means developer fees imposed pursuant to existing statutory authority, including, but not limited to, Chapter 5 (commencing with Section 66000) of Division 1 of Title 7 and Article 5 (commencing with Section 66483) of Chapter 4 of Division 2 of Title 7. The developer fees must be imposed by a local ordinance or resolution adopted by a city, county, or city and county and must be dedicated to transportation purposes to address cumulative transportation impacts. The developer fees must be uniformly applied to new development within a defined area or jurisdiction, except in cases in which fees are waived, such as for affordable housing development. Developer fees imposed to mitigate onsite impacts related to a specific development project do not qualify as uniform developer fees under this subdivision. (Added by Stats. 2008, Ch. 756, Sec. 4. Effective September 30, 2008.)
  107. 8879.68.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. )

    Verify source ↗

    This section says who can qualify as an eligible applicant under the program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. ) ## 8879.68. An eligible applicant under the program shall be a local or regional transportation agency that has responsibility for funding, procuring, or constructing transportation improvements within its jurisdiction, and that does either of the following: (a) Has sought and received voter approval for the imposition of taxes or fees solely dedicated to transportation improvements and administers those taxes or fees. (b) Has imposed uniform developer fees. (Added by Stats. 2008, Ch. 756, Sec. 4. Effective September 30, 2008.)
  108. 8879.69.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. )

    Verify source ↗

    Local matching funds for program funding must come from certain voter-approved taxes or fees, or from uniform developer fees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. ) ## 8879.69. Eligible local matching funds required to obtain funding under the program shall be obtained from revenues from any voter-approved local or regional tax or fee solely dedicated to transportation improvements, or from uniform developer fees. Tax or fee, for purposes of this section, means a countywide or citywide sales tax, a property or parcel tax in a county or counties or district, and voter-approved bridge tolls or voter-approved fees dedicated to specific transportation improvements. (Added by Stats. 2008, Ch. 756, Sec. 4. Effective September 30, 2008.)
  109. 8879.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. )

    Verify source ↗

    The section creates the Seismic Retrofit Finance Committee, lets it adopt financing guidelines in limited circumstances, gives the Treasurer chair status, and treats certain departments as the “board” for bond law purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.7. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the Seismic Retrofit Finance Committee is hereby created. For the purposes of this chapter, the Seismic Retrofit Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Treasurer, the Controller, the Director of Finance, and the Secretary of Transportation, or a designated representative of each of those officials. The Treasurer shall serve as the chairperson of the committee. A majority of the committee may act for the committee. (b) The committee may adopt guidelines establishing requirements for administration of its financing programs to the extent necessary to protect the validity of, and tax exemption for, interest on the bonds. The guidelines shall not constitute rules, regulations, orders, or standards of general application. (c) For the purposes of the State General Obligation Bond Law, any department receiving an allocation from the Department of Finance is designated to be the “board.” (Amended by Stats. 2013, Ch. 352, Sec. 222. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352. Note: This section was added by Stats. 1995, Ch. 310, and approved in Prop. 192 on March 26, 1996.)
  110. 8879.70.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. )

    Verify source ↗

    This section lists the types of transportation projects that qualify as eligible projects under the program, including highway, transit, local road, bicycle/pedestrian, and environmental mitigation projects.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. ) ## 8879.70. (a) Eligible projects shall include all of the following: (1) Improvements to the state highway system, including, but not limited to, all of the following: (A) Major rehabilitation of an existing segment that extends the useful life of the segment by at least 15 years. (B) New construction to increase capacity of a highway segment that improves mobility or reduces congestion on that segment. (C) Safety or operational improvements on a highway segment that are intended to reduce accidents and fatalities or improve traffic flow on that segment. (2) Improvements to transit facilities, including guideways, that expand transit services, increase transit ridership, improve transit safety, enhance access or convenience of the traveling public, or otherwise provide or facilitate a viable alternative to driving. (3) The acquisition, retrofit, or rehabilitation of rolling stock, buses, or other transit equipment, including, but not limited to, maintenance facilities, transit stations, transit guideways, passenger shelters, and fare collection equipment with a useful life of at least 10 years. The acquisition of vans, buses, and other equipment necessary for the provision of transit services for seniors and people with disabilities by transit and other local agencies is an eligible project under this paragraph. (4) Improvements to the local road system, including, but not limited to, both of the following: (A) Major roadway rehabilitation, resurfacing, or reconstruction that extends its useful life by at least 15 years. (B) New construction and facilities to increase capacity, improve mobility, or enhance safety. (5) Improvements to bicycle or pedestrian safety or mobility with a useful life of at least 15 years. (6) Improvements to mitigate the environmental impacts of new transportation infrastructure on a locality’s or region’s air quality or water quality, commonly known as “urban runoff,” including, but not limited to, the installation of catch basin screens, filters, and inserts, or other best management practices for capturing or treating urban runoff. (b) For purposes of the program, a separate phase or stage of construction for an eligible project may include mitigation of the project’s environmental impacts, including, but not limited to, soundwalls, landscaping, wetlands or habitat restoration or creation, replacement plantings, and drainage facilities. (Added by Stats. 2008, Ch. 756, Sec. 4. Effective September 30, 2008.)
  111. 8879.71.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. )

    Verify source ↗

    The commission must split the program funds into two subaccounts and distribute them under different rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. ) ## 8879.71. (a) For purposes of distributing funds annually appropriated by the Legislature to the State-Local Partnership Program Account, the commission shall segregate the funds into two separate subaccounts, which are hereby created in the account, as follows: (1) Ninety-five percent of the funds shall be deposited into the Voter-Approved Taxes and Fees Subaccount and shall be made available to eligible applicants as defined in subdivision (a) of Section 8879.68 for expenditure on eligible projects, as approved by the commission. Funds in this subaccount shall be distributed by formula, pursuant to Section 8879.72. (2) Five percent of the funds shall be deposited into the Uniform Developer Fees Subaccount and shall be made available to eligible applicants as defined in subdivision (b) of Section 8879.68 for expenditure on eligible projects, as approved by the commission. Funds in this subaccount shall be distributed through a competitive grant application process to be administered by the commission pursuant to Section 8879.73. (b) Notwithstanding Section 13340, the money in the subaccounts described in subdivision (a) are hereby appropriated, without regard to fiscal year, to the commission for the purposes described in subdivision (a). (Added by Stats. 2008, Ch. 756, Sec. 4. Effective September 30, 2008.)
  112. 8879.72.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. )

    Verify source ↗

    The commission must set funding shares, calculate revenues and unappropriated bond funds, and review eligible projects before each funding cycle.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. ) ## 8879.72. (a) To establish the funding shares for each eligible applicant described in paragraph (1) of subdivision (a) of Section 8879.71, the commission shall do the following prior to the commencement of a funding cycle: (1) Determine the total amount of annual revenue generated from voter-approved sales taxes, voter-approved parcel or property taxes, and voter-approved bridge tolls dedicated to transportation improvements according to the most recent available data reported to the State Board of Equalization, the Controller, or the Bay Area Toll Authority. (2) Establish a northern California and southern California share by attributing the proportional share of revenues from voter-approved sales taxes, voter-approved parcel or property taxes, and voter-approved bridge tolls dedicated to transportation improvements and imposed in counties in northern California to the northern share, and by attributing the proportional share of revenues from voter-approved sales taxes imposed in counties located in southern California to the southern share. The determination of whether a county is located in northern or southern California shall be based on the definitions set forth in Section 187 of the Streets and Highways Code. (3) Program funds made available to the southern share, based on the determination in paragraph (2), shall be distributed to the entity responsible for programming and allocating revenues from the sales tax in proportion to the population of the county in which the entity is located compared to the total population of southern California counties with voter-approved sales taxes dedicated to transportation improvements. For the purpose of calculating population, the commission shall use the most recent information available from the Department of Finance. (4) Program funds made available to the northern share, based on the determination in paragraph (2), shall be distributed as follows: (A) Program funds generated by voter-approved bridge tolls and voter-approved parcel or property taxes dedicated to transportation improvements shall be distributed to the entity responsible for programming and allocating revenues from the toll or tax based on the proportional share of revenues generated by the toll or tax by that entity in comparison to the total revenues generated by voter-approved sales taxes, voter-approved parcel or property taxes, and voter-approved bridge tolls dedicated to transportation improvements in northern California. (B) Program funds generated by voter-approved sales taxes dedicated to transportation improvements shall be distributed to the entity responsible for programming and allocating revenues from the sales tax in proportion to the population of the county in which the entity is located compared to the total population of the northern California counties with voter-approved sales taxes dedicated to transportation improvements. For the purposes of calculating population, the commission shall use the most recent information available from the Department of Finance. (b) Under this section, each fiscal year in which funds are appropriated for the program shall constitute a funding cycle. (c) Each eligible applicant desiring to participate in the program in any funding cycle under this section shall submit to the commission all of the following: (1) A description of the eligible project nominated for funding, including a description of the project’s cost, scope, and specific improvements and benefits it is anticipated to achieve. (2) A description of the project’s current status, including the phase of delivery the project is in at the time it is nominated for funding and a schedule for the project’s completion. (3) A description of how the project would support transportation and land use planning goals within the region. (4) The amount of eligible local matching funds the applicant is committing to the project. (5) The amount of program funds the applicant seeks from the program for the project. (d) The commission shall review nominated projects under this section and their accompanying documentation to ensure that each nominated project meets the requirements of this article and to confirm that each project has a commitment of the requisite amount of eligible local matching funds as required in this article. Upon conducting the review of the requirements and determining the proposed projects to be in compliance with this article, the projects shall be deemed eligible. (e) An eligible applicant that is identified to receive an allocation of funds under this section, but that does not submit a project for funding in a funding cycle, may utilize its funding share in a subsequent funding cycle. (f) In addition to the requirements in subdivision (a), the commission shall, prior to the commencement of a funding cycle, calculate the amount of bond funds specified in subdivision (g) of Section 8879.23 that have not been appropriated and shall establish, using the distribution formula set forth in subdivision (a) of Section 8879.71, projected targets for the distribution of those funds for the purpose of planning consistent with Section 8879.501. The commission shall annually review and revise these projected targets. (Amended by Stats. 2010, Ch. 328, Sec. 78. (SB 1330) Effective January 1, 2011.)
  113. 8879.73.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. )

    Verify source ↗

    The commission must run a competitive grant program and review and adopt projects under it; eligible applicants must submit required information, and no single project may receive more than $1,000,000 in one funding cycle.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. ) ## 8879.73. (a) To distribute funds from the Uniform Developer Fees Subaccount to eligible applicants, as defined in paragraph (2) of subdivision (a) of Section 8879.71, the commission shall administer a competitive grant application program pursuant to this section. (b) Under this section, each fiscal year in which funds are appropriated for the program shall constitute a funding cycle. To ensure that as many eligible applicants as possible may benefit from the competitive portion of the program, no single project shall receive more than one million dollars ($1,000,000) in a single funding cycle in which program funds are allocated by the commission. (c) Each eligible applicant desiring to participate in the program in any funding cycle under this section shall submit to the commission all of the following: (1) A description of the eligible project nominated for funding, including a description of the project’s cost, scope, and specific improvements and benefits it is anticipated to achieve. (2) A description of the project’s current status, including the phase of delivery the project is in at the time it is nominated for funding and a schedule for the project’s completion. (3) A description of the ways in which the project would support transportation and land use planning goals within the region. (4) The amount of eligible local matching funds the applicant is committing to the project. (5) The amount of program funds the applicant seeks from the program for the project. (d) The commission shall review nominated projects under this section and their accompanying documentation to ensure that each nominated project meets the requirements of this article and to confirm that each project has a commitment of the requisite amount of eligible local matching funds as required in this article. Upon conducting the review of the requirements and determining the proposed projects to be in compliance with this article, the projects shall be deemed eligible. (e) The commission shall adopt a program of projects under this section that is geographically balanced and provides cost-effective and multimodal safety, reliability, and environmental benefits. In allocating funds to specific projects, the commission shall give priority to projects that can do any of the following: (1) Commence construction or implementation of the project in a manner to provide the public benefit at the earliest possible date. (2) Enhance the leveragability of bond funds by utilizing a higher proportion of nonbond funds toward a project’s total cost than is otherwise required by this article. (3) Demonstrate quantifiable air quality improvements, including, but not limited to, a demonstration that the project can result in a significant reduction in vehicle-miles traveled. (Amended by Stats. 2009, Ch. 140, Sec. 83. (AB 1164) Effective January 1, 2010.)
  114. 8879.74.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. )

    Verify source ↗

    The commission must adopt project-allocation guidelines and a project program, make allocations on the stated schedule, hold public hearings before adopting the guidelines, and can reschedule those hearings into regular meetings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. ) ## 8879.74. (a) The commission shall adopt a program of projects to receive allocations under this article for each funding cycle, with allocations to projects to be initially made at the commission’s meeting in April 2009, and to be made no later than the commission’s October meeting for subsequent years. (b) Projects receiving an allocation under the program shall encumber funds no later than two years after the end of the fiscal year in which an allocation is made by the commission. The commission shall rescind an allocation to a project that fails to comply with these requirements. Rescinded allocations of funds shall, in the case of the program established pursuant to Section 8879.72, be made available for another eligible project proposed by the agency that nominated the original project for funding, and, in the case of the program established in Section 8879.73, be reallocated to other projects during the fiscal year following the year in which the applicable timely use of funds requirement was not met. (c) The commission shall develop and adopt guidelines to implement this article, and to establish the process for allocating funds to eligible projects under the program, consistent with this article. Prior to adopting the guidelines, the commission shall hold one public hearing in northern California and one public hearing in southern California to review and provide an opportunity for public comment on the proposed guidelines. The commission may incorporate the hearings into its regular meeting schedule. (Added by Stats. 2008, Ch. 756, Sec. 4. Effective September 30, 2008.)
  115. 8879.75.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. )

    Verify source ↗

    A funded eligible project must have a $1 local matching fund for each $1 of program funds applied for, and other funds do not count toward that match.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. ) ## 8879.75. Pursuant to subdivision (g) of Section 8879.23, an eligible project funded pursuant to this article shall require a match of one dollar ($1) of eligible local matching funds for each dollar of program funds applied for under this article. An applicant may propose to use other funds for the same project, including local, federal, or other state funds, however, those other funds shall not be counted toward the match required by this article. (Added by Stats. 2008, Ch. 756, Sec. 4. Effective September 30, 2008.)
  116. 8879.76.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. )

    Verify source ↗

    The commission must include a summary of its program administration activities in its annual report 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 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 11. State-Local Partnership Program [8879.66 - 8879.76] ( Article 11 added by Stats. 2008, Ch. 756, Sec. 4. ) ## 8879.76. The commission shall include in its annual report to the Legislature, required pursuant to Section 14535, a summary of its activities related to the administration of the program. The summary, at a minimum, shall include the description, location, and total cost of each project contained in the program, the amount of bond funds allocated to each project, the status of each project, and a description of the system improvements each project is achieving. (Added by Stats. 2008, Ch. 756, Sec. 4. Effective September 30, 2008.)
  117. 8879.77.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 12. Federal Transportation Economic Stimulus Funds [8879.77 - 8879.78] ( Article 12 added by Stats. 2009, 3rd Ex. Sess., Ch. 21, Sec. 1. )

    Verify source ↗

    The department may make certain federal-funds loans for eligible highway projects if the Director of Finance approves, and the board has related request and document duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 12. Federal Transportation Economic Stimulus Funds [8879.77 - 8879.78] ( Article 12 added by Stats. 2009, 3rd Ex. Sess., Ch. 21, Sec. 1. ) ## 8879.77. (a) The department, with the approval of the Director of Finance, may make a loan or loans from the State Highway Account of federal funds made available to it pursuant to subparagraph (B) of paragraph (2) of subdivision (b) of Section 2423 of the Streets and Highways Code for purposes of advancing a project, or a portion of a project, that has been programmed, on or before February 17, 2009, to be funded by Chapter 12.49 (commencing with Section 8879.20) and that is ready to be obligated within 120 days of federal apportionment. The board, as defined in subdivision (a) of Section 8879.22, may request the department to make a loan or loans. The aggregate amount of the request shall not exceed the amount of the unsold bonds that the committee, as defined in subdivision (b) of Section 8879.22, has, by resolution, authorized to be sold, less any amount loaned pursuant to Section 8879.31 or 8879.79 or withdrawn pursuant to Section 8879.32. Any amount loaned shall be deposited in the fund, as defined by subdivision (c) of Section 8879.22, and shall be transferred to the appropriate account for the project, or portion of a project, being advanced. Contracts for projects to be advanced with loan funds shall be awarded within 180 days of federal apportionment. The loan or loans shall be repaid without interest to the State Highway Account from the proceeds of bonds sold pursuant to Chapter 12.49 (commencing with Section 8879.20). The board shall execute any documents as required by the department to obtain and repay the loan or loans. (b) Federal funds made available to the department pursuant to subparagraph (B) of paragraph (2) of subdivision (b) of Section 2423 of the Streets and Highways Code, except for funds to be loaned to eligible projects described in Section 8879.52, shall be allocated in the manner provided in Section 188 of the Streets and Highways Code. A loan may not be made pursuant to subdivision (a) if it would necessarily result in the aggregate of those federal funds, excluding funds to be loaned to eligible projects described in Section 8879.52, being allocated contrary to this subdivision. (c) Upon repayment of a loan made pursuant to subdivision (a), those funds are hereby appropriated to the department for use on projects in the state highway operations and protection program. (Amended by Stats. 2011, Ch. 406, Sec. 1. (AB 1164) Effective January 1, 2012.)
  118. 8879.78.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 12. Federal Transportation Economic Stimulus Funds [8879.77 - 8879.78] ( Article 12 added by Stats. 2009, 3rd Ex. Sess., Ch. 21, Sec. 1. )

    Verify source ↗

    If certain local transportation agencies use specified funds to replace bond funds on a project, the commission must allocate an equal amount of funds to qualifying projects in that agency’s jurisdiction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.491. Implementation of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 [8879.50 - 8879.78] ( Chapter 12.491 added by Stats. 2007, Ch. 181, Sec. 1. ) ## ARTICLE 12. Federal Transportation Economic Stimulus Funds [8879.77 - 8879.78] ( Article 12 added by Stats. 2009, 3rd Ex. Sess., Ch. 21, Sec. 1. ) ## 8879.78. If a metropolitan planning organization, county transportation commission, regional transportation planning agency, or other local agency uses funds made available to it pursuant to Section 2423 of the Streets and Highways Code, or pursuant to that section and from other sources, to fund any project to which bond funds were previously programed under this chapter with the effect of displacing the need for those bond funds on the project, the commission shall allocate funds for one or more qualifying projects in the appropriate program under this chapter, in the jurisdiction of that agency, and in the same amount of the displaced bond funds. Nothing in this section shall limit or modify the requirements of any program under Chapter 12.49 (commencing with Section 8879.20). (Added by Stats. 2009, 3rd Ex. Sess., Ch. 21, Sec. 1. Effective March 27, 2009.)
  119. 8879.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. )

    Verify source ↗

    On the board’s request for earthquake relief funding, the committee must decide whether bonds should be issued and, if so, how much; it may also authorize and sell successive bond issues, and the bonds may bear interest subject to federal income tax.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.8. Upon request of the board stating that funds are needed for earthquake relief purposes, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 8879.3, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and be sold at any one time. Bonds may bear interest subject to federal income tax. (Added by Stats. 1995, Ch. 310, Sec. 1. Approved in Proposition 192 at the March 26, 1996, election.)
  120. 8879.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. )

    Verify source ↗

    State revenue officers must collect an extra annual sum, handled the same way and at the same time as other state revenue, to pay bond principal and interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.48. Seismic Retrofit Bond Act of 1996 [8879 - 8879.16] ( Chapter 12.48 added by Stats. 1995, Ch. 310, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [8879.5 - 8879.16] ( Article 3 added by Stats. 1995, Ch. 310, Sec. 1. ) ## 8879.9. There shall be collected annually, in the same manner and at the same time as other state revenue is collected, a sum of money in addition to the ordinary revenues of the state, sufficient to pay the principal of, and interest on, the bonds as provided herein, and all officers required by law to perform any duty in regard to the collections of state revenues shall collect that additional sum. (Added by Stats. 1995, Ch. 310, Sec. 1. Approved in Proposition 192 at the March 26, 1996, election.)
  121. 8880.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    This chapter is called the California State Lottery Act of 1984.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880. Citation of Chapter This Chapter shall be known and may be cited as the California State Lottery Act of 1984. (Added November 6, 1984, by initiative Proposition 37.)
  122. 8880.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    The Act’s stated purpose is to provide additional money for education without adding or increasing taxes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.1. Purpose and Intent The People of the State of California declare that the purpose of this Act is support for preservation of the rights, liberties and welfare of the people by providing additional monies to benefit education without the imposition of additional or increased taxes. The People of the State of California further declare that it is their intent that the net revenues of the California State Lottery shall not be used as substitute funds but rather shall supplement the total amount of money allocated for public education in California. (Added November 6, 1984, by initiative Proposition 37.)
  123. 8880.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    “Director” means the Director of the California State Lottery appointed by the Governor as the Lottery’s chief administrator.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.10. “Director” “Director” means the Director of the California State Lottery appointed by the Governor pursuant to this Chapter as the chief administrator of the California State Lottery. (Added November 6, 1984, by initiative Proposition 37.)
  124. 8880.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    “Lottery Commission” or “Commission” means the five members appointed by the Governor to oversee the Lottery and the Director.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.11. “Lottery Commission” or “Commission” “Lottery Commission” or “Commission” means the five members appointed by the Governor pursuant to this Chapter to oversee the Lottery and the Director. (Added November 6, 1984, by initiative Proposition 37.)
  125. 8880.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    “Lottery Game” means a commission-authorized procedure that distributes prizes among people who have paid, or agreed to pay, for tickets or shares.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.12. “Lottery Game” “Lottery Game” means any procedure authorized by the commission whereby prizes are distributed among persons who have paid, or who have unconditionally agreed to pay, for tickets or shares which provide the opportunity to win those prizes. (Amended by Stats. 2000, Ch. 509, Sec. 1. Effective January 1, 2001. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  126. 8880.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    “Lottery Game Retailer” means a person or organization that the Lottery Commission may contract with to sell lottery tickets or shares to the public.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.13. “Lottery Game Retailer” “Lottery Game Retailer” means a person or organization with whom the Lottery Commission may contract for the purpose of selling tickets or shares in Lottery Games to the public. (Amended by Stats. 1986, Ch. 55, Sec. 3. Effective April 16, 1986. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  127. 8880.14.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    This section defines “Lottery Contractor” as a person or organization that has contracted with the Lottery to provide goods and services the Lottery needs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.14. “Lottery Contractor” “Lottery Contractor” means a person or organization with whom the Lottery has contracted for the purpose of providing goods and services required by the Lottery. (Amended by Stats. 1989, Ch. 917, Sec. 1. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  128. 8880.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    The California State Lottery Commission is created in state government.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. ) ## 8880.15. Creation of Commission The California State Lottery Commission is hereby created in state government. (Added November 6, 1984, by initiative Proposition 37.)
  129. 8880.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    This section sets the membership, appointment terms, vacancy-filling timeline, political party limit, and removal authority for the California State Lottery Commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. ) ## 8880.16. Membership; Appointment; Vacancies; Political Affiliation; Removal (a) The Commission shall consist of five members appointed by the Governor with the advice and consent of the Senate. (b) The members shall be appointed for terms of five years, except of those who are first appointed, one member shall be appointed for a term of two years, one member shall be appointed for a term of three years, one member shall be appointed for a term of four years, and two member shall be appointed for a term of five years (c) All initial appointments shall be made within 30 days of the effective date of this Chapter. (d) Vacancies shall be filled within 30 days by the Governor, subject to the advice and consent of the Senate, for the unexpired portion of the term in which they occur. (e) No more than three members of the Commission shall be members of the same political party. (f) The Governor may remove any Commissioner upon notification to the Commission and the Secretary of State. (Added November 6, 1984, by initiative Proposition 37.)
  130. 8880.17.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. )

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    At least one commissioner must have five years of law enforcement experience, and at least one commissioner must be a certified public accountant.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. ) ## 8880.17. Qualifications of Commissioners At least one of the Commissioners shall have a minimum of five years experience in law enforcement, and at least one of the Commissioners shall be a certified public accountant. (Added November 6, 1984, by initiative Proposition 37.)
  131. 8880.18.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. )

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    Commissioners are paid $100 for each day they do commission business, and commission members are reimbursed for actual expenses, including necessary travel expenses approved by the Department of Human Resources.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. ) ## 8880.18. Compensation and Expenses Commissioners shall be compensated at the rate of one hundred dollars ($100) for each day they are engaged in commission business. Commission members shall be reimbursed for actual expenses incurred on commission business, including necessary travel expenses as determined by the Department of Human Resources. (Amended by Stats. 2012, Ch. 665, Sec. 44. (SB 1308) Effective January 1, 2013. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  132. 8880.19.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. )

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    The Commission must choose a chairperson from its membership every year, and the chairperson may call special meetings with 48 hours’ written notice to Commission members.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. ) ## 8880.19. Annual Selection of Chairperson The Commission shall select annually from its membership a chairperson. The chairperson shall have the power to convene special meetings of the Commission upon 48 hours’ written notice to members of the Commission. (Amended by Stats. 1986, Ch. 55, Sec. 5. Effective April 16, 1986. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  133. 8880.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

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    This section says the chapter does not change existing state gambling prohibitions, except for the state-operated lottery created by the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.2. Activities Not Affected Except for the state-operated lottery established by this Chapter, nothing in this Chapter shall be construed to repeal or modify existing State law with respect to the prohibition of casino gambling, punch boards, slot machines, dog racing, video poker or blackjack machines paying prizes, or any other forms of gambling. (Added November 6, 1984, by initiative Proposition 37.)
  134. 8880.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    Commission meetings must be open and public.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. ) ## 8880.20. Meetings Meetings of the Commission shall be open and public in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3). (Amended by Stats. 1989, Ch. 917, Sec. 2. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  135. 8880.21.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. )

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    The Commission has a quorum with three members, and Commission decisions must be made by majority vote.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. ) ## 8880.21. Quorum; Voting A quorum shall consist of three members of the Commission. All decisions of the Commission shall be made by a majority vote of the Commission. (Amended by Stats. 1985, Ch. 1517, Sec. 2. Effective October 2, 1985. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  136. 8880.22.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. )

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    The Commission must submit quarterly reports on Lottery operations and file them within 75 days after each quarter ends.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. ) ## 8880.22. The Commission shall make quarterly reports of the operation of the Lottery to the Governor, the Attorney General, the Controller, the Treasurer, and the Legislature. The reports shall be due 75 days after the close of the quarter for which the information is being required. The reports shall include a full and complete statement of lottery revenues, prize disbursements, expenses, net revenues, and all other financial transactions involving lottery funds, including a statement of assets, statement of revenues, expenses, changes in net assets, and changes in financial position with all attached financial notes. (Amended by Stats. 2004, Ch. 438, Sec. 1. Effective January 1, 2005. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  137. 8880.23.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. )

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    The Governor must appoint a Director, with Senate advice and consent, within 30 days after this Chapter takes effect. The Governor may remove the Director after notifying the Commission and the Secretary of State.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 2. California State Lottery Commission [8880.15 - 8880.23] ( Article 2 added November 6, 1984, by initiative Proposition 37. ) ## 8880.23. Appointment of Director; Removal The Governor, with the advice and consent of the Senate, shall appoint a Director within thirty days of the effective day of this Chapter. The Governor may remove the Director upon notification to the Commission and the Secretary of State. The Director shall be responsible for managing the affairs of the Commission. The Director shall be qualified by training and experience to direct the operations of a state-operated lottery. (Added November 6, 1984, by initiative Proposition 37.)
  138. 8880.24.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    The California State Lottery Commission must use its powers to carry out the chapter and must promote integrity, security, honesty, and fairness in lottery operations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.24. Powers and Duties of the Commission (a) The California State Lottery Commission shall exercise all powers necessary to effectuate the purposes of this chapter. In all decisions, the commission shall take into account the particularly sensitive nature of the California State Lottery and shall act to promote and ensure integrity, security, honesty, and fairness in the operation and administration of the Lottery. (b) In decisions relating to advertising and promotion of the California State Lottery, the commission shall ensure that the California State Lottery complies with both the letter and spirit of the laws governing false and misleading advertising, including Section 17500 et seq. of the Business and Professions Code. The commission shall also ensure that the overall estimated odds of winning some prize or prizes in a particular lottery game are posted on all television and print advertising, exclusive of outdoor advertising displays, signs, or banners, related to that game. (Amended by Stats. 2000, Ch. 131, Sec. 1. Effective January 1, 2001. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  139. 8880.25.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    The Lottery must be run to produce the maximum net revenues to help fund public education in California.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.25. Operation of the Lottery The Lottery shall be initiated and operated so as to produce the maximum amount of net revenues to supplement the total amount of money allocated for public education in California. (Amended by Stats. 1989, Ch. 917, Sec. 3. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  140. 8880.25.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

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    The Lottery Commission may buy and sell assets and securities, and invest lottery funds, including outside the State Treasury system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.25.5. (a) Notwithstanding any other provision of law, the Lottery Commission may do all of the following: (1) Purchase and sell assets in its own name. (2) Invest funds on deposit in the State Lottery Fund within or outside the State Treasury system. (3) Purchase and sell securities, including entering into bond purchase agreements with the state to purchase state general obligation bonds, or invest in other evidence of indebtedness issued by the state, including, but not limited to, notes issued pursuant to Part 5 (commencing with Section 17300) of Division 4 or warrants issued pursuant to Part 4 (commencing with Section 17000) of Division 4. (b) The bonds or other evidence of indebtedness specified in subdivision (a), upon delivery to the Lottery Commission, shall, for all purposes, be valid and binding obligations of the issuer thereof, be validly issued and outstanding in accordance with their stated terms, and shall not be deemed to be owned by or on behalf of the issuer thereof. (Added by Stats. 2009, 4th Ex. Sess., Ch. 24, Sec. 1. Effective July 29, 2009.)
  141. 8880.26.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

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    This section makes certain laws inapplicable to commission rules, a qualifying telephone service, and lottery expenditures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.26. (a) The provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 are not applicable to any rule or regulation promulgated by the commission. (b) Section 2889 of the Public Utilities Code shall not be applicable to any live, recorded, or recorded-interactive audio text access telephone service under contract to the commission, as of the effective date of the act adding this subdivision, that provides the public with lottery game draw results. (c) The provisions of the Public Contract Code shall not apply to expenditures made by the lottery in furtherance of its duty to produce the maximum amount of net revenues. (Amended by Stats. 2008, Ch. 764, Sec. 8. Effective November 14, 2008. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  142. 8880.27.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    The Commission must meet with the Director at least once every quarter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.27. Meetings with the Director The Commission shall meet with the Director not less than once each quarter to make recommendations and set policy, to approve or reject reports of the Director and transact such other business that may be properly brought before it. (Added November 6, 1984, by initiative Proposition 37.)
  143. 8880.28.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    The commission must issue regulations for lottery game types, and lottery games face limits on themes, ticket markings, prize form, and certain technology-based changes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.28. (a) The commission shall promulgate regulations specifying the types of lottery games to be conducted by the lottery, provided: (1) No lottery game may use the theme of roulette, dice, baccarat, blackjack, Lucky 7s, draw poker, slot machines, or dog racing. (2) In lottery games utilizing tickets, each ticket in these games shall bear a unique number distinguishing it from every other ticket in that game; and no name of an elected official shall appear on these tickets. (3) In games utilizing computer terminals or other devices, no coins or currency shall be dispensed as prizes to players from these computer terminals or devices. (b) Notwithstanding subdivision (a), no changes in the types of games or methods of delivery of these games that incorporate technologies or mediums that did not exist, were not widely available, or were not commercially feasible at the time of the enactment of this chapter in 1984 shall be made, unless all of the following conditions are met: (1) This chapter is amended by statute to expressly authorize these changes. (2) The act making the amendments contains express legislative findings that the amendments are consistent with the terms of, and further the purposes of, this chapter. (3) The amendments comport with applicable state and federal law. (c) For purposes of this section, a change in the method of delivery means a material change in the way a consumer directly interacts with the game. (d) Subdivision (b) does not apply to technological changes implemented prior to October 11, 1993. (e) This section does not limit any internal technological changes made to the equipment or components utilized by the lottery. (Amended by Stats. 2003, Ch. 83, Sec. 1. Effective January 1, 2004. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  144. 8880.29.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    The commission must issue regulations setting prize numbers and values for lottery games, and certain prize information must be displayed for ticket games and at sales locations. Annuity contracts bought as prizes are exempt from Section 8880.57 requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.29. (a) The commission shall promulgate regulations that specify the number and value of prizes for winning tickets or shares in each lottery game including, without limitation, cash prizes, merchandise prizes, prizes consisting of deferred payments or annuities, and prizes of tickets or shares in the same lottery game or other games conducted by the lottery, provided: (1) In lottery games utilizing tickets, the overall estimated odds of winning some prize or some cash prize as appropriate for the lottery game shall be printed on each ticket or on a play slip. (2) A detailed tabulation of the estimated number of prizes of each particular prize denomination that are expected to be awarded in each lottery game, or the estimated odds of winning the prizes, shall be available at each location at which tickets or shares in the lottery games are offered for sale to the public. (b) Annuity contracts that are purchased for prizes shall be exempt from the requirements of Section 8880.57. (Amended by Stats. 1994, Ch. 377, Sec. 1. Effective August 29, 1994. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  145. 8880.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

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    State funds may not be appropriated, loaned, or otherwise transferred to the California State Lottery Commission, except for a temporary startup line of credit allowed by the Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.3. Prohibition on Use of State Funds No appropriations, loans, or other transfer of State funds shall be made to the California State Lottery Commission except for a temporary line of credit for initial start-up costs as provided in this Act. (Added November 6, 1984, by initiative Proposition 37.)
  146. 8880.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

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    The commission must issue regulations setting how winners are determined in each lottery game, and drawings for certain lottery games must be public, recorded, and not manually selected by Lottery employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.30. The commission shall promulgate regulations that specify the method for determining winners in each lottery game, provided: (a) A lottery game may be based on the results of a horse race with the consent of the association conducting the race and the California Horse Racing Board. Any compensation received by an association for the use of its races to determine the winners of a lottery game shall be divided equally between commissions and purses. (b) If a lottery game utilizes a drawing of winning numbers, a drawing among entries, or a drawing among finalists, the drawings shall always be open to the public. No manual or physical selection in the drawings shall be conducted by any employee of the Lottery. Except for computer automated drawings, drawings shall be witnessed in person or via live audio and video feed by an independent lottery contractor having qualifications established by the commission. Any equipment used in the drawings shall be inspected in person or via live audio and video feed by the independent lottery contractor and an employee of the Lottery both before and after the drawings. The drawings and the inspections shall be both audio and video recorded. (c) It is the intent of this chapter that the commission may use any of a variety of existing or future methods or technologies in determining winners. (Amended by Stats. 2013, Ch. 152, Sec. 1. (SB 817) Effective August 26, 2013. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  147. 8880.31.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

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    The Commission must set retail sales prices for lottery tickets and shares, and tickets or shares generally cannot be sold above or below that set price.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.31. Sale Price of Tickets and Shares The Commission shall promulgate rules and regulations specifying the retail sales price for each ticket or share for each Lottery Game, provided: (a) Except as provided in subdivision (b), no ticket or share shall be sold for more or less than the retail sales price established by the Commission. (b) The retail price of each ticket or share in any Lottery Game conducted by the Lottery shall be at least one dollar ($1), except to the extent of any discounts authorized by the Commission. (Amended by Stats. 1989, Ch. 917, Sec. 4. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  148. 8880.321.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

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    The commission must set regulations for checking prizes and paying them. Retailers may be allowed to pay prizes up to $600, claims are generally allowed for 180 days, and several categories of tickets, prizes, and claimants are barred.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.321. The commission shall promulgate regulations to establish a system of verifying the validity of prizes and to effect payment of the prizes, provided that: (a) For convenience of the public, lottery game retailers may be authorized by the commission to pay winners of up to six hundred dollars ($600) after performing validation procedures on their premises appropriate to the lottery game involved. (b) No prize may be paid arising from tickets or shares that are stolen, counterfeit, altered, fraudulent, unissued, produced or issued in error, unreadable, not received or not recorded by the lottery by applicable deadlines, lacking in captions that confirm and agree with the lottery play symbols required by the lottery game involved, purchased by a minor, or not in compliance with additional specific rules and regulations and confidential validation and security tests appropriate to the particular lottery game. The lottery may pay a prize even though the actual winning ticket is not received by the lottery if the lottery validates the claim for the prize based upon substantial proof. “Substantial proof” means any evidence that would permit the lottery to use established validation procedures, as specified in lottery regulations, to validate the claim. The commission may require that any form relating to a claim for a prize shall be signed under penalty of perjury. This declaration shall meet the requirements of Section 2015.5 of the Code of Civil Procedure. (c) No particular prize in any lottery game shall be paid more than once. (d) The commission may specify that winners of less than twenty-five dollars ($25) claim the prizes from either the same lottery game retailer from whom the ticket or share was purchased or from the lottery itself. (e) Players shall have the right to claim prize money for 180 days after the drawing or the end of the lottery game or play in which the prize was won, or, if a multistate lottery game, up to one year for jackpots and grand prizes. The commission may define shorter time periods for eligibility for participation in, and entry into, drawings involving entries or finalists. If a valid claim is not made for a prize directly payable by the commission or for any online game prize within the period applicable for that prize, the unclaimed prize money shall be treated as set forth in subdivision (a) of Section 8880.4 or, commencing with the 2009–10 fiscal year, be treated as total revenues as set forth in Section 8880.4.5. (f) After the expiration of the claim period for prizes for each lottery game, the commission shall make available a detailed tabulation of the total number of tickets or shares actually sold in a lottery game and the total number of prizes of each prize denomination that were actually claimed and paid directly by the commission. (g) A ticket or share shall not be purchased by, and a prize shall not be paid to, a member of the commission, any officer or employee of the commission, any officer or employee of the Controller who is designated in writing by the Controller as having possible access to confidential lottery information, programs, or systems, or any spouse, child, brother, sister, or parent of that person who resides within the same household of the person. Any person who knowingly sells or purchases a ticket or share in violation of this section, or who knowingly claims or attempts to claim a prize with a ticket or share that was purchased or sold in violation of this section, is guilty of a misdemeanor. (h) No prize shall be paid to any person under the age of 18 years. Any person who knowingly claims or attempts to claim a prize with a ticket or share purchased by a person under the age of 18 years is guilty of a misdemeanor. (Amended by Stats. 2009, Ch. 207, Sec. 1. (SB 831) Effective October 11, 2009. Note: This section was added by Stats. 1995, Ch. 363, with provisions from former Section 8880.32 (repealed by Ch. 363), which was added on Nov. 6, 1984, by initiative Prop. 37.)
  149. 8880.325.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

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    Lottery prize rights generally cannot be assigned, but prize payments can be assigned or directed in limited ways if the statute’s conditions are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.325. The right of any person to a prize shall not be assignable, except that the payment of any prize may be assigned, in whole or in part, as provided by Section 8880.326 and this section, under any of the following circumstances: (a) An assignment executed by the prizewinner on a form approved by, and filed with, the commission during the prizewinner’s lifetime in accordance with regulations adopted by the commission, to a trust that by its terms is revocable, and that is established by the prizewinner for the benefit of the prizewinner as a beneficiary and governed by the laws of the state. (b) An appropriate judicial order appointing a conservator or a guardian for the protection of the prizewinner, or for adjudicating rights to, or ownership of, the prize. (c) An assignment, as collateral, to a person to secure a loan pursuant to Division 9 (commencing with Section 9101) of the Commercial Code. The assignment as collateral of the right to receive payment of a prize shall be subject to all of the following: (1) All security agreements, rights of the prizewinner, and rights of the secured creditor shall be determined pursuant to the laws of the state. (2) In the event of a default under the loan or security agreement, the secured creditor’s rights shall be limited to receiving the regular payments made by the lottery, based on the prizewinner’s right to receive a regular prize payment until the obligation has been paid in full or the prize has been paid in full, whichever occurs first. Notwithstanding Division 9 (commencing with Section 9101) of the Commercial Code, the secured creditor shall not have the right to sell or assign the prizewinner’s rights to payments to itself or to any other person. This section shall not limit the secured creditor’s right to sell, assign, or transfer the obligation of the debtor and related security interest to a third party. (3) The prizewinner and secured creditor may agree, and may jointly instruct the lottery, to directly deposit all prizewinning payments into an account maintained by the prizewinner at a federally insured financial institution located within the state. This account may be subject to the secured creditor’s lien. Upon receipt of these instructions, the lottery shall continue to deposit all payments due to the prizewinner into the account until the lottery receives notification from both the secured creditor and the prizewinner that the payments are to be made to an account maintained at another bank, or that the secured creditor releases or terminates the security interest in the prizewinner’s payments. (4) (A) The prizewinner, pursuant to an order of the court obtained in compliance with subdivision (d), may direct the lottery to make the prize payments, in whole or in part, directly to the secured creditor. A direction to the lottery to make a prize payment to a secured creditor shall not, in itself, constitute an assignment of the prize payment to the secured creditor. (B) For purposes of this paragraph and subdivision (d), “assignee” and “secured creditor” are synonymous, and “assignment” or “prize payment” means the payment that is directed to be paid to the secured creditor. (5) For purposes of perfecting the security interest of the secured creditor, the right of the prizewinner to receive payments is deemed to be a contract right that is perfected by the filing of a financing statement with the office of the Secretary of State. (6) A copy of the security agreement, an endorsed copy of the financing statement, and the joint instruction to deposit the prizewinner’s payments directly into an account, if any, at the financial institution shall be filed with the lottery. Notwithstanding the security interest granted a creditor, all lottery payments shall be made payable directly to the prizewinner, except as follows: (A) Payments sent directly to the financial institution designated pursuant to paragraph (3). (B) In the event of a default under the security agreement or obligation it secures, payments sent directly to the secured creditor pursuant to an order of a court of competent jurisdiction determining that the payments are to be made directly to the secured creditor. (7) Upon the termination or release of the security interest, the secured creditor shall file an endorsed copy of the release or termination of the security interest with the lottery. (d) Except as provided in subdivision (k), an assignment of future payments to another person designated pursuant to an appropriate judicial order of a California superior court or a federal court having jurisdiction over property located within California, if the court determines and states in its order all of the following: (1) That the prizewinner was represented by independent legal counsel whose name and State Bar of California number appears as counsel of record on all pleadings filed in all court proceedings. The prizewinner’s legal counsel shall appear as counsel of record at any proceedings that are required by the court. (2) That the prizewinner has represented to the court, either by sworn testimony if a personal appearance is required by the court, or by written declaration filed with the court under penalty of perjury, and that the court has determined these representations to be true and correct, that the prizewinner (A) has reviewed and understands the terms and effects of the assignment, (B) understands that the prizewinner will not receive the prize payments, or portions thereof, for the years assigned, (C) has entered into the agreement of their own free will without undue influence or duress and not under the influence of drugs or alcohol, (D) has had an opportunity to retain independent financial and tax advice, and (E) has been represented by independent legal counsel, who has advised the prizewinner of their legal rights and obligations under the assignment. (3) It shall be the responsibility of the prizewinner to bring to the attention of the court, either by sworn testimony or by written declaration submitted under penalty of perjury, the existence or nonexistence of a current spouse. If married, the prizewinner shall identify their spouse and submit to the court a signed and notarized statement wherein the spouse consents to the assignment. If the prizewinner is married, and the notarized statement is not presented to the court, the court shall determine, to the extent necessary and as appropriate under applicable law, the ability of the prizewinner to make the proposed assignment without the spouse’s consent. (4) The specific prize payment or payments assigned, or any portion thereof, including the dates and amounts of the payments to be assigned, the years in which each payment is to begin and end, the gross amount of the annual payments assigned before taxes, the prizewinner’s name as it appears on the lottery claim form, the full legal name of the assignor if different than the prizewinner’s name as it appears on the lottery claim form, the assignor’s social security or tax identification number, the assignee’s full legal name and social security or tax identification number, and, if applicable, the citizenship or United States Citizenship and Immigration Services-assigned number of the assignee if a natural person. (5) Expressly identifies the amount, the date if available, any nonspouse coowner, claimant, or lienholder, and the interests, liens, security interests, assignments, or offsets asserted by the state or other persons against any of the prize payments, including, but not limited to, those payments that are the subject of the proposed assignment as those interests, liens, security interests, assignments, or offsets have been represented to the court by the prizewinner in a written declaration signed under penalty of perjury and filed with the court. (6) That the lottery and the State of California are not parties to the proceeding, and that the lottery and the state may rely upon the order in disbursing the prize payments that are the subject of the order. Further, that upon payment of prize moneys pursuant to an order of the court, the lottery, the director, the commission, and the employees of the lottery and the state shall be discharged of all liability for the prize paid, and these persons and entities shall have no duty or obligation to any person asserting another interest in, or right to receive, the prize payment. (7) That the prizewinner or the proposed assignee has obtained and filed with the court a notification from the lottery of any liens, levies, or claims, and from the Controller’s office of any offsets, asserted as of that time against the prizewinner, as reflected in their respective official records as of the time of the notification. The date of the notification shall not be more than 20 days prior to the court hearing, unless extended by the court. (e) The assignment of the right to receive any prize payment or payments by the prizewinner pursuant to subdivision (d) shall be conditioned on the following terms, conditions, and rights, which may not be waived or modified by the prizewinner: (1) The payment of moneys to, or on behalf of, the prizewinner by the assignee, in consideration for the assignment of the prize payment or payments, shall be made in full prior to the time when, under the terms of the assignment, the lottery is required to make the first prize payment to the assignee, or may be made in two installments, the first being paid prior to the time when, under the terms of the assignment, the lottery is required to make the first prize payment to the assignee and the second installment within 11 months thereafter. The second installment shall not be in an amount that exceeds the first installment. Notwithstanding this paragraph, any other installment payment schedule is permitted if the installment obligation relating to the installments is guaranteed by a financial institution, as defined in paragraph (2) of subdivision (a) of Section 4981 of the Financial Code, or a brokerage firm that is a member of the Securities Investor Protection Corporation (SIPC), as required by the federal Securities Investor Protection Act of 1970 (15 U.S.C. Sec. 78aaa et seq.). (2) If the prizewinner elects to accept the consideration to be paid for the assignment in two installments as provided in paragraph (1), the prizewinner shall have a special lien for the balance of any payment due, effective without any further action, agreement, or notice, on any of the prize payments assigned by the prizewinner for the payment of moneys from the assignee. This lien shall terminate upon the prizewinner receiving actual payment of the moneys. The tendering of a check, payment instrument, or recital of payment shall not constitute actual payment of moneys for the purposes of this paragraph. Notwithstanding this paragraph, if a prizewinner accepts an installment obligation guaranteed by a Federal Deposit Insurance Corporation (FDIC) or SIPC insured entity, then the lien created by this section shall automatically terminate upon delivery of the installment obligation. (3) The Legislature finds and declares that the creation of a statutory lien in favor of a prizewinner is necessary to protect the rights of the prizewinner from any creditors, subsequent bankruptcy trustees of the assignee, or from any subsequent assignees when the prizewinner has not received full payment for the assigned prize payments. (f) Prior to the assignment of any prize as provided in subdivisions (c) and (d), the Controller shall determine whether the prizewinner owes any obligation that is subject to offset under Article 2 (commencing with Section 12410) of Chapter 5 of Part 2 of Division 3, and shall provide written notification of that determination to the lottery and to the Secretary of State. (g) If the lottery determines that the court order issued pursuant to subdivision (d) is complete and correct in all respects, the lottery shall send the prizewinner and the assignee or assignees written confirmation of receipt of the court-ordered assignment and of the lottery’s intention to rely on that assignment in making future payments to the assignee or assignees named in the court order. (h) Notwithstanding any other law, by entering into an agreement to assign any prize payments pursuant to subdivision (c) or (d), a prizewinner shall be deemed to have waived any statutory period of limitation as to the State of California enforcing any rights against annual prize payments due after the last assigned payment is paid or released, if assigned as collateral, from the lien granted the secured creditor. (i) The assignment of prize payments pursuant to either subdivision (c) or (d) shall not be valid or allowed for the final three annual prize payments from the lottery to the prizewinner unless the contract assigning all or any part of the final three annual prize payments is entered into on or after the effective date of the act adding this subdivision. (j) Any loans made to a prizewinner pursuant to this section shall be exempt from the usury provisions of Article XV of the California Constitution with respect to an assignment of a lottery prize as collateral to secure a loan. (k) (1) Notwithstanding any other provision of this section, a prizewinner shall not have the right to assign prize payments pursuant to subdivision (d), or to direct the payment of a prize pursuant to paragraph (4) of subdivision (c), if either of the following occurs: (A) The issuance by the United States Internal Revenue Service (IRS) of a technical rule letter, revenue ruling, or other public ruling of the IRS in which the IRS determines that, based upon the right of assignment provided in subdivision (d), a California lottery prizewinner who does not assign any prize payments pursuant to subdivision (d) would be subject to an immediate income tax liability for the value of the entire prize rather than annual income tax liability for each installment when paid. (B) The issuance by a court of competent jurisdiction of a published decision holding that, based upon the right of assignment provided in subdivision (d), a California lottery prizewinner who does not assign any prize payments pursuant to subdivision (d) would be subject to an immediate income tax liability for the value of the entire prize rather than annual income tax liability for each installment when paid. (2) Upon receipt of a letter or ruling from the IRS or a published decision of a court of competent jurisdiction, as specified in paragraph (1), the director shall immediately file a copy of that letter, ruling, or published decision with the Secretary of State. Immediately upon the filing by the director of a letter, ruling, or published decision with the Secretary of State, a prizewinner shall be ineligible to assign a prize pursuant to subdivision (d), or to direct the payment of a prize pursuant to paragraph (4) of subdivision (c). (Amended by Stats. 2021, Ch. 296, Sec. 30. (AB 1096) Effective January 1, 2022.)
  150. 8880.326.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

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    After a prizewinner dies, the prize may be paid to specified people or through probate-related procedures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.326. Upon the death of the prizewinner, the prize may be paid by any of the following methods: (a) To the trustee of a trust established pursuant to subdivision (a) of Section 8880.325, or, if the trust has been terminated, to those beneficiaries entitled to distribution under Section 8880.325. (b) To one or more beneficiaries designated on a form approved by the commission for that purpose, executed by the prizewinner, filed with the commission in accordance with regulations adopted by the commission to govern those designations, and in effect upon the prizewinner’s death. (c) In the absence of an assignment to a trust or a beneficiary designation, the prizewinner’s prize may be paid, as follows: (1) To the personal representative of the testate or intestate estate of a deceased prizewinner upon receipt by the commission of a court order and letters appointing an executor, administrator, or other personal representative of the estate of the deceased prizewinner, or pursuant to a final order of distribution. (2) As provided under Part 1 (commencing with Section 13000) or Part 2 (commencing with Section 13500) of Division 8 of the Probate Code. (3) To a person or persons designated under an appropriate judicial order adjudicating rights to the ownership of the prize. (Added by Stats. 1995, Ch. 363, Sec. 4. Effective August 4, 1995.)
  151. 8880.327.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

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    The commission may set a reasonable fee and must adopt regulations for certain prize assignment rules; after payment, the lottery, commission, director, employees, and state are discharged from liability for the prize paid.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.327. For any assignments, transfers, or security interests provided for in Sections 8880.325 and 8880.326, the following shall apply: (a) The commission may establish a reasonable fee for all expenses incurred in order to comply with Section 8880.325 or 8880.326 relating to an authorized assignment, transfer, or security interest. The fee may be deducted from the prize moneys paid by the lottery pursuant to Section 8880.325 or 8880.326. (b) Upon the payment of prize moneys pursuant to Section 8880.325 or 8880.326 or an order of a court, the lottery, the director, the commission, and the employees of the lottery and the state shall be discharged of any and all liability for the prize paid, and they shall have no duty or obligation to any persons asserting another interest in, or right to receive, the prize payment. (c) The commission shall adopt regulations necessary to implement Section 8880.325 or 8880.326 allowing for a limited right of prizewinners to assign their rights to prize payments and setting the reasonable fee for expenses to be recovered by the lottery. The regulations shall be consistent with and shall further the Legislature’s intent that prizewinners who wish to do so should be afforded the opportunity to currently enjoy more of their winnings as provided by Section 1 of Chapter 890 of the Statutes of 1994. If the commission deems it necessary, the regulations may require, as a condition to any voluntary assignment pursuant to subdivision (d) of Section 8880.325, that the prizewinner be represented by independent legal counsel and receive independent financial and tax advice concerning the effect of the assignment. (Added by Stats. 1995, Ch. 363, Sec. 5. Effective August 4, 1995.)
  152. 8880.33.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

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    The commission must issue regulations on how lottery tickets or shares are distributed, sold, or disseminated, and must provide a model agreement on prize sharing when retailers request it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.33. (a) The commission shall promulgate regulations specifying the manner of distribution, dissemination, or sale of lottery tickets or shares to lottery game retailers or directly to the public, and the incentives, if any, for lottery employees engaged in the distribution or sales activities. (b) The commission shall also make available upon request to lottery game retailers a model agreement to govern the division of prizes among multiple purchasers of a winning ticket or tickets purchased through a group purchase or pooling arrangement. (Amended by Stats. 1992, Ch. 500, Sec. 4. Effective August 17, 1992. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  153. 8880.335.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. )

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    The commission may authorize certain lottery ticket dispensers by regulation, but only if they meet listed technical limits. The section also restricts ticket dispensers from making change, paying out other value, or showing dispensed ticket images on a monitor, with limited message exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 3. Powers and Duties of the Commission [8880.24 - 8880.335] ( Article 3 added November 6, 1984, by initiative Proposition 37. ) ## 8880.335. The commission may promulgate regulations to authorize the use of an electronic or electromechanical device to dispense lottery tickets to be used in the play of any lottery game, if the device satisfies all of the following specifications: (a) The lottery ticket dispenser dispenses a paper or cardboard ticket that provides the purchaser of the ticket with an opportunity to win a prize in a lottery game, and the ticket fits one of the following descriptions: (1) The ticket has an ascertainable prize value, including a null prize value or an opportunity to enter another lottery game at the time it is dispensed, provided that the prize value of the ticket may be revealed to the purchaser of the ticket only after the purchaser has removed the ticket from the dispenser and only by physically removing a covering that hides numbers or symbols that are imprinted on the ticket. (2) The ticket has no value at the time it is dispensed, except for restitution of the purchase price, but may acquire a redemption value as the result of a draw that occurs after the ticket is dispensed. (b) If the lottery ticket dispenser dispenses tickets described in paragraph (1) of subdivision (a), then neither the operation or functioning of the ticket dispenser nor the operation or functioning of any component, subcomponent, part, chip, or program of the ticket dispenser, or of any device in direct or indirect communication with the ticket dispenser, may affect the probability that a ticket that is dispensed will have a prize value other than a null prize value. (c) If a lottery ticket dispenser includes any component, subcomponent, mechanism, or feature that is capable of generating numbers or symbols for use in the play of a lottery game, or if the lottery ticket dispenser communicates directly or indirectly with any device that includes any component, subcomponent, mechanism, or feature that is capable of generating numbers or symbols for use in the play of a lottery game, that component, subcomponent, mechanism, or feature may be used only in the production and dispensing of lottery tickets described in paragraph (2) of subdivision (a). (d) A lottery ticket dispenser that dispenses tickets described in paragraph (2) of subdivision (a) shall not also be the device used in the subsequent draw to determine winning tickets and shall not be capable of causing, directly or indirectly, the operation of any device used in the subsequent draw to determine winning tickets. (e) The lottery ticket dispenser shall not make change or otherwise dispense coins, currency, or any thing of value other than a lottery ticket. (f) No lottery ticket dispenser that utilizes a television monitor or video screen shall display or reproduce the image or facsimile of, or any other visual representation of, a lottery ticket that will be or has been dispensed or issued from that lottery ticket dispenser. Nothing herein shall preclude the use of television monitors or video screens to transmit messages about lottery games and game results, if those messages are not generated by the lottery ticket dispenser. (Added by Stats. 1997, Ch. 226, Sec. 1. Effective August 5, 1997.)
  154. 8880.34.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. )

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    The Director must receive the salary set by the referenced chapter and must devote full time and attention to office duties; the Director may not engage in any other profession or occupation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. ) ## 8880.34. Salary The Director shall receive the salary provided for by Chapter 6 (commencing with Section 11550 of Part 1 of Division 3 of Title 2. The Director shall devote his or her entire time and attention to the duties of his or her office and shall not be engaged in any other profession or occupation. (Amended by Stats. 1987, Ch. 220, Sec. 1. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  155. 8880.35.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. )

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    The director must carry out the lottery chapter’s duties and powers, supervise the lottery, and follow commission approval and regulations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. ) ## 8880.35. The director shall, subject to the approval of the commission, perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all purposes of this chapter. The director shall act as secretary of the commission and executive officer of the lottery. The director shall supervise and administer the operation of the lottery in accordance with this chapter and the regulations promulgated by the commission. In addition, the director shall have access to criminal history information pursuant to Sections 11105 and 11105.01 of the Penal Code. In all decisions, the director shall take into account the particularly sensitive nature of the California State Lottery and shall act to promote and ensure integrity, security, honesty, and fairness of the operation and administration of the lottery. In decisions relating to advertising and promotion of the lottery, the director shall ensure that the lottery complies with both the letter and spirit of the laws governing false and misleading advertising, including Section 17500 and following of the Business and Professions Code. (Amended by Stats. 1992, Ch. 500, Sec. 5. Effective August 17, 1992. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  156. 8880.36.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. )

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    The Director must hire needed personnel, but only with Commission approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. ) ## 8880.36. Power to Hire The Director shall hire, pursuant to the approval of the Commission, such professional, clerical, technical and administrative personnel as may be necessary to carry out the provisions of this Chapter. (Added November 6, 1984, by initiative Proposition 37.)
  157. 8880.37.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. )

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    The Governor must appoint up to four deputy directors if the Director recommends it, the Director must supervise those deputy directors, and the Commission must set each deputy director’s compensation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. ) ## 8880.37. Deputy Directors Upon recommendation of the Director, the Governor shall appoint up to four deputy directors. The Director shall supervise each deputy director’s activities. The Commission shall determine the compensation of each deputy director. (Amended by Stats. 1985, Ch. 1517, Sec. 3. Effective October 2, 1985. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  158. 8880.38.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. )

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    The security deputy director must oversee lottery security, check qualifications and criminal histories, obtain fingerprints, and report alleged violations; the Department of Justice must send and keep fingerprint sets, and the commission may adopt alternate screening regulations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. ) ## 8880.38. (a) One of the deputy directors shall be the Deputy Director for Security, and be responsible for a security division to assure integrity, honesty, and fairness in the operation and administration of the California State Lottery, including, but not limited to, an examination of the qualifications and criminal history of all prospective and current employees, prospective and current Lottery Game Retailers, and prospective and current Lottery suppliers as defined in Section 8880.57. Fingerprints shall be obtained in this process and shall be furnished to the Department of Justice. The Department of Justice shall submit one set of the fingerprints to the Federal Bureau of Investigation as required, and shall retain the other set to obtain the California criminal history record that may be maintained. (b) The Deputy Director for Security shall be qualified by training and experience, including at least five years of law enforcement experience, and shall have knowledge and experience in computer security, to fulfill these responsibilities. The Deputy Director for Security shall confer with the Attorney General or his or her designee and the Controller or his or her designee as the Deputy Director for Security deems necessary and advisable to promote and ensure integrity, security, honesty, and fairness of the operation and administration of the Lottery. The Deputy Director for Security shall report any alleged violation of any law related to the operations of the California State Lottery to the appropriate law enforcement agency and the Attorney General for further investigation and action. The Deputy Director for Security and lottery security officers shall have access to criminal history information pursuant to Sections 11105 and 11105.01 of the Penal Code. (c) Notwithstanding subdivision (a), the commission may adopt regulations for alternate methods of examining the qualifications and criminal history of lottery game retailers and lottery suppliers, as defined in Section 8880.57. (Amended by Stats. 2008, Ch. 764, Sec. 10. Effective November 14, 2008. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  159. 8880.39.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. )

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    The director must meet with the commission at least once each quarter and, on request, let the commission inspect the lottery’s books, records, files, and other documents and information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. ) ## 8880.39. The director shall confer as frequently as necessary or desirable, but not less than once every quarter, with the commission, on the operation and administration of the lottery. The director shall make available for inspection by the commission, upon request, all books, records, files, and other information and documents of the lottery, advise the commission and recommend any matters as he or she deems necessary and advisable to improve the operation and administration of the lottery. (Amended by Stats. 1993, Ch. 1218, Sec. 2. Effective October 11, 1993. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  160. 8880.4.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

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    This section says certain educational items can count as “instructional materials,” including laptop computers and internet-access devices used as learning resources.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.4.1. (a) The Legislature finds and declares that this section is clarifying of, and consistent with, the intent of Proposition 20, as approved by the voters at the March 7, 2000, statewide primary election and is not authorizing any new use of moneys expended pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 8880.4, as amended by Section 1 of Chapter 56 of the Statutes of 2011, and paragraph (2) of subdivision (a) of Section 8880.4, as amended by Section 2 of Chapter 56 of the Statutes of 2011. (b) For purposes of subparagraph (B) of paragraph (2) of subdivision (a) of Section 8880.4, as amended by Section 1 of Chapter 56 of the Statutes of 2011, and paragraph (2) of subdivision (a) of Section 8880.4, as amended by Section 2 of Chapter 56 of the Statutes of 2011, “instructional materials” include, but are not limited to, laptop computers and devices that provide internet access for use by pupils, students, teachers, and faculty as learning resources. (Added by Stats. 2020, Ch. 110, Sec. 33. (SB 820) Effective September 18, 2020.)
  161. 8880.4.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

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    This section requires the commission and Controller to make annual reports about lottery revenue allocations, and it sets conditions that can make related lottery provisions become inoperative and later repealed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.4.5. (a) Following the end of each full fiscal year, the commission shall calculate and report to the Controller and to the Legislature the amount of total net revenues allocated to the benefit of public education from the California State Lottery Education Fund for that fiscal year. (b) To ensure increases in lottery net revenues allocated to public education, if in any one of the first five full fiscal years after the enactment of the act adding this section, the Controller determines that both of the events described in paragraphs (1) and (2) of subdivision (c) occur, then the Controller shall notify the Legislature and the Governor, and post that notification on the Controller’s Internet Web site, and on January 1 of the following year, both of the following shall occur: (1) The amendments made to Sections 8880.4, 8880.63, and 8880.64 by the act adding this section shall become inoperative. (2) Sections 8880.4, 8880.63, and 8880.64, as they existed prior to the effective date of the act adding this section shall become operative. (c) No later than December 31 following each of the first five fiscal years in which the amendments made by the act adding this section are in effect, the Controller shall report to the Legislature whether either of the following occurred in the prior fiscal year: (1) The total net revenues allocated to the benefit of public education from the California State Lottery Education Fund are less than the total net revenues allocated to the benefit of public education in the last full fiscal year prior to the enactment of the act adding this section. (2) The annual average of total net revenues allocated to the benefit of public education from the California State Lottery Education Fund after the enactment of the act adding this section is less than the total net revenues allocated to the benefit of public education in the last full fiscal year prior to the enactment of the act adding this section, adjusted for an annual growth rate of 1.8 percent or the actual growth rate of lottery revenues since enactment of the act adding this section, whichever is greater. (d) If the conditions specified in subdivision (c) do not occur, then in subsequent fiscal years, to ensure continued growth in lottery net revenues allocated to public education, the commission, when setting the percentage required in subparagraph (A) of paragraph (2) of subdivision (a) of Section 8880.4, shall ensure that net revenues allocated to public schools are at least as much as were allocated on average in the prior five fiscal years, and increased in proportion to any upward increases in lottery net revenues. (e) At the end of the first five full fiscal years following enactment of the act adding this section, the Controller shall convene a lottery review group to consist of the Controller, the Superintendent of Public Instruction, and the chairperson of the commission. The review group shall report to the Legislature, no later than March 31 following the final fiscal year, on whether the amendments made by the act adding this section have furthered the purposes of the California State Lottery Act of 1984 as intended. (f) This section shall become inoperative on April 1 of the year following notification from the Controller to the Legislature and the Governor that the events described in paragraphs (1) and (2) of subdivision (c) have occurred, and as of the following January 1 is repealed, unless a later enacted statute, that is enacted before January 1 of that following year, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2011, Ch. 56, Sec. 3. (AB 363) Effective January 1, 2012. Conditionally inoperative, on date prescribed in subd. (f). Repealed, by its own provisions, on January 1 following inoperative date.)
  162. 8880.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. )

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    The Director must continuously study lottery operations and related materials, and may recommend improvements to the Commission, Governor, and Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. ) ## 8880.40. Study of Lottery Systems; Recommendations for Improvement The Director shall make an on-going study of the operation and the administration of the lotteries which may be in operation in other states or countries, of available literature on the subject, of Federal laws which may affect the operation of the Lottery, and of the reaction of citizens of the State to existing or proposed features in Lottery Games, with a view toward recommending improvements that will tend to serve the purposes of this Chapter. The Director may make recommendations to the Commission, Governor, and Legislature on any matters concerning the secure and efficient operation and administration of the lottery and the convenience of the purchasers of tickets and shares. (Added November 6, 1984, by initiative Proposition 37.)
  163. 8880.41.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. )

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    The director must keep books and records that accurately reflect each day’s lottery transactions and maintain daily accountability.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. ) ## 8880.41. The director shall make and keep books and records that accurately and fairly reflect each day’s transactions, including, but not limited to, the distribution of tickets or shares to lottery game retailers, receipt of funds, prize claims, prize disbursements or prizes liable to be paid, expenses and other financial transactions of the lottery necessary so as to permit preparation of financial statements in conformity with generally accepted accounting principles and maintain daily accountability. (Amended by Stats. 1992, Ch. 500, Sec. 6. Effective August 17, 1992. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  164. 8880.42.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. )

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    The director must send a monthly cumulative sales report to the commission and the Controller within 15 days after each month ends.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. ) ## 8880.42. The director shall provide a monthly cumulative sales report to the commission and the Controller within 15 days after the end of each month. The report shall include cumulative lottery sales by product, compared to the commission-approved budget and the estimated administrative expenses for the current fiscal year. (Repealed and added by Stats. 1995, Ch. 531, Sec. 3. Effective October 4, 1995. Note: Section 8880.42 originally was added on Nov. 6, 1984, by initiative Prop. 37.)
  165. 8880.43.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. )

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    The director must send annual budget and revenue reports to specified government recipients by January 10, June 1, and June 30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. ) ## 8880.43. The director shall provide the following informational reports to the Department of Finance, the Joint Legislative Budget Committee, and the budget committees of the Legislature: (a) No later than January 10 of each year, a copy of the proposed administrative budget for the California State Lottery Commission for the fiscal year that begins the following July 1. (b) No later than June 1 of each year, a copy of the California State Lottery Commission’s proposed administrative budget and expected sales revenues for the fiscal year that begins the following July 1. If applicable, this report shall detail any administrative funding that is proposed to be used to supplement the prize pool of any lottery game. (c) No later than June 30 of each year, the final budget and revenue projections approved by the California State Lottery Commission for the fiscal year that begins the following July 1. The report shall include any approved revision, and supporting documentation, to the June 1 proposed budget provided pursuant to subdivision (b). If applicable, this report shall detail any administrative funding that is proposed to be used to supplement the prize pool of any lottery game. (Added by Stats. 2017, Ch. 19, Sec. 13. (AB 111) Effective June 27, 2017.)
  166. 8880.44.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. )

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    The Director must hire an independent demographic analysis firm after the first six months of sales to public, study lottery players’ demographics, and present the report to specified officials and the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. ) ## 8880.44. Demographic Study of Lottery Players After the first six months of sales to the public, the Director shall engage an independent firm experienced in demographic analysis to conduct a special study which shall ascertain the demographic characteristics of the players of each Lottery Game, including but not limited to their income, age, sex, education, and frequency of participation. This report shall be presented to the Commission, the Governor, the State Controller, the State Treasurer, and the Legislature. Similiar studies shall be conducted from time to time as determined by the Director. (Added November 6, 1984, by initiative Proposition 37.)
  167. 8880.45.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. )

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    The Director must hire an experienced independent firm to study lottery communications and report recommendations to the Commission. Until that report is presented and the Commission acts, the Commission must spend about 3.5% of projected lottery ticket and share sales on communications-related activities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. ) ## 8880.45. Study of the Effectiveness of Lottery Communications After the first full year of sales to the public, the Director shall engage an independent firm experienced in the analysis of advertising, promotion, public relations, incentives, and other aspects of communications to conduct a special study of the effectiveness of such communication activities and make recommendations to the Commission on the future conduct and future rate of expenditure for such activities. This report shall be presented to the Commission, the Governor, the State Controller, and the State Treasurer. Until the presentation of such report and action by the Commission, the Commission shall expend as close to 31/2% as practical of the projected sales of all lottery tickets and shares for advertising, promotion, public relations, incentives, and other aspects of communications. Similar studies shall be conducted from time to time after the first such study as determined by the Director. (Added November 6, 1984, by initiative Proposition 37.)
  168. 8880.46.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. )

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    The Commission must hire an independent security-experienced firm after the first nine months of sales to the public to study and evaluate Lottery security.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Director [8880.34 - 8880.46] ( Article 4 added November 6, 1984, by initiative Proposition 37. ) ## 8880.46. After the first nine months of sales to the public, the Commission shall engage an independent firm experienced in security procedures, including, but not limited to, computer security and systems security, to conduct a comprehensive study and evaluation of all aspects of security in the operation of the Lottery. This study shall include, but not be limited to, personnel security, Lottery Game Retailer security, Lottery Contractors security, security of manufacturing operations of Lottery Contractors, security against ticket counterfeiting and alterations and other means of fraudulently winning, security of drawings, computer security, data communications security, data base security, security controls and physical security, security in distribution, security involving validation and payment procedures, security involving unclaimed prizes, security aspects applicable to each particular Lottery Game, security against locating winners in Lottery Games having preprinted winners, and any other aspects of security applicable to the Lottery and its operations. The portion of the report containing the overall evaluation of the Lottery in terms of each aspect of security shall be presented to the Commission, the Governor, the Controller, the Treasurer, the Attorney General, and the Legislature. The portion of the report containing specific recommendations shall be exempt from public disclosure and shall be presented only to the Commission, the Attorney General, the Controller and the Governor. Upon request, all materials and data used in the production of the report shall be made available to the Commission, the Attorney General, the Controller, and the Governor. Similar audits of security shall be conducted every two years after the completion of the first audit. (Amended by Stats. 2004, Ch. 438, Sec. 3. Effective January 1, 2005. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  169. 8880.46.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4.5. Public And Financial Accountability [8880.46.5 - 8880.46.6] ( Article 4.5 added by Stats. 2009, 3rd Ex. Sess., Ch. 8, Sec. 3. )

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    The director must hire an independent firm of certified public accountants to perform an annual audit of the lottery’s accounts and transactions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4.5. Public And Financial Accountability [8880.46.5 - 8880.46.6] ( Article 4.5 added by Stats. 2009, 3rd Ex. Sess., Ch. 8, Sec. 3. ) ## 8880.46.5. The director shall engage an independent firm of certified public accountants to conduct an annual audit of all accounts and transactions of the lottery. The audited financial statements shall be presented to the commission, the Governor, the Controller, the Treasurer, the Attorney General, and the Legislature not more than 120 days after the close of the fiscal year. The independent auditor’s report shall be posted on the Internet. (Added by Stats. 2009, 3rd Ex. Sess., Ch. 8, Sec. 3. Effective February 20, 2009. Note: This section contains provisions from former Section 8880.43 (repealed by Ch. 8), which was added on Nov. 6, 1984, by initiative Prop. 37.)
  170. 8880.46.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4.5. Public And Financial Accountability [8880.46.5 - 8880.46.6] ( Article 4.5 added by Stats. 2009, 3rd Ex. Sess., Ch. 8, Sec. 3. )

    Verify source ↗

    The Controller must perform quarterly and annual postaudits of the commission’s accounts and transactions, may do additional postaudits when needed, and may issue a public report of an annual postaudit. The Controller and agents auditing under this chapter can examine commission-related records.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 4.5. Public And Financial Accountability [8880.46.5 - 8880.46.6] ( Article 4.5 added by Stats. 2009, 3rd Ex. Sess., Ch. 8, Sec. 3. ) ## 8880.46.6. The Controller shall conduct quarterly and annual postaudits of all accounts and transactions of the commission and other special postaudits as the Controller deems necessary. The Controller or his or her agents conducting an audit under this chapter shall have access and authority to examine any and all records of the commission, its distributing agencies, lottery contractors, and lottery game retailers. The Controller may issue a public report of any annual postaudit, which shall be posted on the Internet. (Added by Stats. 2009, 3rd Ex. Sess., Ch. 8, Sec. 3. Effective February 20, 2009. Note: This section contains provisions from former Section 8880.67 (repealed by Ch. 8), which was added on Nov. 6, 1984, by initiative Prop. 37.)
  171. 8880.47.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. )

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    The commission must adopt regulations setting the terms for contracts with lottery game retailers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. ) ## 8880.47. The commission shall promulgate regulations specifying the terms and conditions for contracting with lottery game retailers so as to provide adequate and convenient availability of tickets or shares to prospective buyers of lottery games. (Amended by Stats. 1992, Ch. 500, Sec. 7. Effective August 17, 1992. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  172. 8880.48.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. )

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    The director must choose lottery game retailers under commission regulations, and the commission may require application information and must create a written appeal process. People under 18, and people exclusively selling lottery tickets or shares, cannot be lottery game retailers; some listed groups may be selected.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. ) ## 8880.48. (a) The director shall, pursuant to this chapter and the regulations of the commission, select as lottery game retailers those persons and organizations as the director deems shall best serve the public convenience and promote the sale of tickets or shares. No person under the age of 18 years shall be a lottery game retailer. In the selection of lottery game retailers, the director shall consider factors such as financial responsibility, integrity, reputation, accessibility of the place of business or activity to the public, security of the premises, the sufficiency of existing lottery game retailers to serve the public convenience, and the projected volume of the sales for the lottery game involved. (b) In order to allow an evaluation of the competence, integrity, and character of potential lottery game retailers, the commission may require information it deems necessary of any person, corporation, trust, association, partnership, or joint venture applying for authority to act as a lottery game retailer. (c) No person shall be a lottery game retailer if the person is engaged exclusively in the business of selling lottery tickets or shares. A person lawfully engaged in nongovernmental business on state property, an owner or lessee of an establishment which sells alcoholic beverages, and a civic and fraternal organization may be selected as a lottery game retailer. The director may contract with lottery game retailers on a seasonal or temporary basis. (d) The commission shall establish a formal written appeal process concerning the denial of an application for, or revocation of, a contract to be a lottery game retailer. (Amended by Stats. 2008, Ch. 764, Sec. 11. Effective November 14, 2008. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  173. 8880.49.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. )

    Verify source ↗

    A contract with a lottery game retailer cannot be assigned or transferred.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. ) ## 8880.49. A contract with a lottery game retailer shall not be assignable or transferable. (Amended by Stats. 1992, Ch. 500, Sec. 9. Effective August 17, 1992. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  174. 8880.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

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    The Controller must distribute Lottery Education Fund money quarterly, and school districts receiving certain payments must keep the money in a separate lottery education account.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.5. Allocations for education: The California State Lottery Education Fund is created within the State Treasury, and is continuously appropriated for carrying out the purposes of this chapter. The Controller shall draw warrants on this fund and distribute them quarterly in the following manner, provided that the payments specified in subdivisions (a) to (f), inclusive, shall be equal per capita amounts. (a) (1) Payments shall be made directly to public school districts, including county superintendents of schools, serving kindergarten and grades 1 to 12, inclusive, or any part thereof, on the basis of an equal amount for each unit of average daily attendance, as defined by law and adjusted pursuant to subdivision (k). (2) For purposes of this paragraph, in each of the 2008–09, 2009–10, 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years, the number of units of average daily attendance in each of those fiscal years for programs for public school districts, including county superintendents of schools, serving kindergarten and grades 1 to 12, inclusive, shall include the same amount of average daily attendance for classes for adults and regional occupational centers and programs used in the calculation made pursuant to this subdivision for the 2007–08 fiscal year. (b) Payments shall also be made directly to public school districts serving community colleges, on the basis of an equal amount for each unit of average daily attendance, as defined by law. (c) Payments shall also be made directly to the Board of Trustees of the California State University on the basis of an amount for each unit of equivalent full-time enrollment. Funds received by the trustees shall be deposited in and expended from the California State University Trust Fund or, at the discretion of the trustees, deposited in local trust accounts in accordance with subdivision (j) of Section 89721 of the Education Code. (d) Payments shall also be made directly to the Regents of the University of California on the basis of an amount for each unit of equivalent full-time enrollment. (e) Payments shall also be made directly to the Board of Directors of the college named in Section 92200 of the Education Code on the basis of an amount for each unit of equivalent full-time enrollment. (f) Payments shall also be made directly to the two California Schools for the Deaf, the California School for the Blind, and the three Diagnostic Schools for Neurologically Handicapped Children, on the basis of an amount for each unit of equivalent full-time enrollment. (g) Payments shall also be made directly to the State Department of Developmental Services and the State Department of State Hospitals for clients with developmental or mental disabilities who are enrolled in state hospital education programs, including developmental centers, on the basis of an equal amount for each unit of average daily attendance, as defined by law. (h) No Budget Act or other statutory provision shall direct that payments for public education made pursuant to this chapter be used for purposes and programs, including workload adjustments and maintenance of the level of service, authorized by Chapters 498, 565, and 1302 of the Statutes of 1983, Chapter 97 or 258 of the Statutes of 1984, or Chapter 1 of the Statutes of the 1983–84 Second Extraordinary Session. (i) School districts and other agencies receiving funds distributed pursuant to this chapter may at their option use funds allocated by this chapter to provide additional funds for those purposes and programs prescribed by subdivision (h) for the purpose of enrichment or expansion. (j) As a condition of receiving any moneys pursuant to subdivision (a) or (b), each school district and county superintendent of schools shall establish a separate account for the receipt and expenditure of those moneys, which account shall be clearly identified as a lottery education account. (k) Commencing with the 1998–99 fiscal year, and each year thereafter, for purposes of subdivision (a), average daily attendance shall be increased by the statewide average rate of excused absences for the 1996–97 fiscal year as determined pursuant to the provisions of Chapter 855 of the Statutes of 1997. The statewide average excused absence rate, and the corresponding adjustment factor required for the operation of this subdivision, shall be certified to the Controller by the Superintendent of Public Instruction. (l) It is the intent of this chapter that all funds allocated from the California State Lottery Education Fund shall be used exclusively for the education of pupils and students and no funds shall be spent for acquisition of real property, construction of facilities, financing of research, or any other noninstructional purpose. (Amended by Stats. 2024, Ch. 41, Sec. 34. (SB 164) Effective June 29, 2024. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37 (the California State Lottery Act of 1984).)
  175. 8880.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. )

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    The commission must make regulations for ending lottery retailer contracts, and a retailer may face suspension or revocation for using under-18 workers to sell lottery tickets or shares, unless the minor is continuously supervised by someone 21 or older.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. ) ## 8880.50. (a) The commission shall promulgate regulations that prescribe the procedure by which a contract with a lottery game retailer may be terminated and the reasons for the termination, including, but not limited to, instances where a lottery game retailer knowingly sells a ticket or share to any person under the age of 18 years. (b) Any lottery game retailer who employs or uses the services of any person under the age of 18 years for the sale of lottery tickets or shares shall be subject to suspension or revocation of his or her contract. However, a person under the age of 18 years may be employed or used to sell lottery tickets or shares, if that person is under the continuous supervision of a person 21 years of age or older. (Amended by Stats. 1992, Ch. 500, Sec. 10. Effective August 17, 1992. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  176. 8880.51.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. )

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    Lottery Game Retailers must generally be paid at least 5% of the retail price of tickets or shares, unless the Commission decides otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. ) ## 8880.51. Compensation for Lottery Game Retailers Unless the Commission shall otherwise determine, the compensation paid to Lottery Game Retailers shall be a minimum of 5% of the retail price of tickets or shares. In addition, an incentive bonus may be paid to such Lottery Game Retailers based on attainment of sales volume or other objectives as specified by the Director for each Lottery Game. In the case of a Lottery Game Retailer whose rental payments for his premises are contractually computed, in whole or in part, on the basis of a percentage of his retail sales, and where such computation of his retail sales is not explicitly defined to include sales of tickets or shares in a state-operated lottery, the compensation received by the Lottery Game Retailer from the Lottery shall be deemed as the amount of the retail sale for purposes of computing his rental payment. (Added November 6, 1984, by initiative Proposition 37.)
  177. 8880.52.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. )

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    Lottery tickets or shares cannot be sold to people under 18, and required safeguards and notices must be in place.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. ) ## 8880.52. Sales to Minors (a) No tickets or shares in Lottery Games shall be sold to persons under the age of 18 years. Any person who knowingly sells a ticket or share in a Lottery Game to a person under the age of 18 years is guilty of a misdemeanor. Any person under the age of 18 years who buys a ticket or share in a Lottery is guilty of a misdemeanor. In the case of lottery tickets or shares sold by Lottery Game Retailers or their employees, these persons shall establish safeguards to assure that the sales are not made to persons under the age of 18 years. In the case of the dispensing of tickets or shares by vending machines or other devices, the Commission shall establish safeguards to help assure that the vending machines or devices are not operated by persons under the age of 18 years. (b) All tickets or shares in Lottery Games shall include, and any devices which dispense tickets or shares in Lottery Games shall have posted in a conspicuous place thereupon, a notice which declares that state law prohibits the selling of a lottery ticket or share to, and the payment of any prize to, a person under the age of 18 years. (Amended by Stats. 1986, Ch. 55, Sec. 15. Effective April 16, 1986. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  178. 8880.53.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. )

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    A lottery game retailer may not sell lottery tickets or shares unless it has a certificate of authority issued by the lottery.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. ) ## 8880.53. No lottery tickets or shares shall be sold by a lottery game retailer unless the retailer has a certificate of authority, issued by the lottery, to sell lottery tickets. (Amended by Stats. 1994, Ch. 377, Sec. 3. Effective August 29, 1994. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  179. 8880.54.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. )

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    The Director may require Lottery Game Retailers to provide a bond, or may buy blanket bonds for selected retailers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. ) ## 8880.54. Bonding The Director may require a bond from any Lottery Game Retailer in an amount specified by regulation or may purchase blanket bonds covering the activities of selected Lottery Game Retailers. These bonds shall be payable upon order of the Commission. (Amended by Stats. 1986, Ch. 55, Sec. 16. Effective April 16, 1986. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  180. 8880.55.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. )

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    Lottery game retailers may not pay the lottery in cash for tickets or shares; payments must be made by check, bank draft, electronic fund transfer, or another recorded financial instrument determined by the director.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 5. Lottery Game Retailers [8880.47 - 8880.55] ( Article 5 added November 6, 1984, by initiative Proposition 37. ) ## 8880.55. (a) No payment by lottery game retailers to the lottery for tickets or shares shall be in cash. All payments for tickets or shares shall be in the form of a check, bank draft, electronic fund transfer, or other recorded financial instrument as determined by the director. (b) Notwithstanding any other provision of law, the lottery may pay to lottery game retailers, by electronic fund transfer, subject to approval by the Controller’s office, any credit balances that may result from lottery activities. (Amended by Stats. 1993, Ch. 1218, Sec. 3. Effective October 11, 1993. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  181. 8880.56.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 6. Lottery Suppliers [8880.56 - 8880.60] ( Article 6 added November 6, 1984, by initiative Proposition 37. )

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    This section gives the lottery director procurement powers, bars contracts with private parties to run the lottery, and requires competitive bidding, reporting, and small-business participation measures for larger contracts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 6. Lottery Suppliers [8880.56 - 8880.60] ( Article 6 added November 6, 1984, by initiative Proposition 37. ) ## 8880.56. (a) Notwithstanding other provisions of law, the director may purchase or lease goods and services as are necessary for effectuating the purposes of this chapter. The director may not contract with any private party for the operation and administration of the California State Lottery, created by this chapter. However, this section does not preclude procurements which integrate functions such as game design, supply, advertising, and public relations. In all procurement decisions, the director shall, subject to the approval of the commission, award contracts to the responsible supplier submitting the lowest and best proposal that maximizes the benefits to the state in relation to the areas of security, competence, experience, and timely performance, shall take into account the particularly sensitive nature of the California State Lottery and shall act to promote and ensure integrity, security, honesty, and fairness in the operation and administration of the lottery and the objective of raising net revenues for the benefit of the public purpose described in this chapter. (b) Notwithstanding any other provision of this chapter, the following shall apply to contracts or procurement by the lottery: (1) To ensure the fullest competition, the commission shall adopt and publish competitive bidding procedures for the award of any procurement or contract involving an expenditure of more than one hundred thousand dollars ($100,000). The competitive bidding procedures shall include, but not be limited to, requirements for submission of bids and accompanying documentation, guidelines for the use of requests for proposals, invitations to bid, or other methods of bidding, and a bid protest procedure. The director shall determine whether the goods or services subject to this paragraph are available through existing contracts or price schedules of the Department of General Services. (2) The contracting standards, procedures, and rules contained in this subdivision shall also apply with respect to any subcontract involving an expenditure of more than one hundred thousand dollars ($100,000). The commission shall establish, as part of its bidding procedures for general contracts, subcontracting guidelines that implement this requirement. (3) The provisions of Article 1 (commencing with Section 11250) of Chapter 3 of Part 1 of Division 3 apply to the commission. (4) The commission is subject to the Small Business Procurement and Contract Act, as provided in Chapter 6.5 (commencing with Section 14835) of Part 5.5 of Division 3. (5) In advertising or awarding any general contract for the procurement of goods and services exceeding five hundred thousand dollars ($500,000), the commission and the director shall require all bidders or contractors, or both, to include specific plans or arrangements to utilize subcontracts with socially and economically disadvantaged small business concerns. The subcontracting plans shall delineate the nature and extent of the services to be utilized, and those concerns or individuals identified for subcontracting if known. It is the intention of the Legislature in enacting this section to establish as an objective of the utmost importance the advancement of business opportunities for these small business concerns in the private business activities created by the California State Lottery. In that regard, the commission and the director shall have an affirmative duty to achieve the most feasible and practicable level of participation by socially and economically disadvantaged small business concerns in its procurement programs. By July 1, 1986, the commission shall adopt proposal evaluation procedures, criteria, and contract terms which are consistent with the advancement of business opportunities for small business concerns in the private business activities created by the California State Lottery and which will achieve the most feasible and practicable level of participation by socially and economically disadvantaged small business concerns in its procurement programs. The proposal evaluation procedures, criteria, and contract terms adopted shall be reported in writing to both houses of the Legislature on or before July 1, 1986. For the purposes of this section, socially and economically disadvantaged persons include women, Black Americans, Hispanic Americans, Native Americans (including American Indians, Inuit, Aleuts, and Native Hawaiians), Asian-Pacific Americans (including persons whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, and Taiwan), and other minorities or any other natural persons found by the commission to be disadvantaged. The commission shall report to the Legislature by July 1, 1987, and by each July 1 thereafter, on the level of participation of small businesses, socially and economically disadvantaged businesses, and California businesses in all contracts awarded by the commission. (6) The commission shall prepare and submit to the Legislature by October 1 of each year a report detailing the lottery’s purchase of goods and services through the Department of General Services. The report shall also include a listing of contracts awarded for more than one hundred thousand dollars ($100,000), the name of the contractor, amount and term of the contract, and the basis upon which the contract was awarded. The lottery shall fully comply with the requirements of paragraphs (2) to (5), inclusive, except that any function or role which is otherwise the responsibility of the Department of Finance or the Department of General Services shall instead, for purposes of this subdivision, be the sole responsibility of the lottery, which shall have the sole authority to perform that function or role. (Amended by Stats. 2024, Ch. 104, Sec. 3. (AB 2287) Effective January 1, 2025. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  182. 8880.57.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 6. Lottery Suppliers [8880.56 - 8880.60] ( Article 6 added November 6, 1984, by initiative Proposition 37. )

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    Lottery procurement bidders must disclose specified ownership and background information, and the Commission can require more information and deny, cancel, or terminate contracts for noncompliance or certain convictions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 6. Lottery Suppliers [8880.56 - 8880.60] ( Article 6 added November 6, 1984, by initiative Proposition 37. ) ## 8880.57. In order to allow an evaluation of the competence, integrity, and character of potential Lottery Contractors for the California State Lottery, any person, corporation, trust, association, partnership, or joint venture that submits a bid, proposal, or offer as part of procurement for a contract for any goods or services for the California State Lottery, other than materials, supplies, services, and equipment which are common to the ordinary operations of state agencies, shall comply with each of the following: (a) Bidders, as required by the Lottery, shall disclose the bidder’s name and address and, as applicable, the name and address of the following: (1) If the bidder is a corporation, the officers, directors, and each owner, directly or indirectly, of any equity security or other ownership interest in the corporation. However, in the case of owners of publicly held equity securities of a publicly traded corporation, only the names and addresses of those known to the corporation to beneficially own 5 percent or more of the publicly held securities need be disclosed. (2) If the bidder is a trust, the trustee and all persons entitled to receive income or benefit from the trust. (3) If the bidder is an association, the members, officers, and directors. (4) If the bidder is a subsidiary, the officers, directors, and stockholders of the parent company thereof. However, in the case of owners of publicly held equity securities of a publicly traded corporation, only the names and addresses of those known to the corporation to beneficially own 5 percent or more of the publicly held securities need be disclosed. (5) If the bidder is a partnership or joint venture, all of the general partners, limited partners, or joint venturers. (6) If the parent company, general partner, limited partner, or joint venturer of any bidder is itself a corporation, trust, association, subsidiary, partnership, or joint venture, then the disclosure of information needed to determine ultimate ownership. However, in the case of owners of publicly held equity securities of a publicly traded corporation, only the names and addresses of those known to the corporation to beneficially own 5 percent or more of the publicly held securities need be disclosed. (7) If the bidder proposes to subcontract any substantial portion of the work to be performed to a subcontractor, then all of the information required in this section shall be disclosed for the subcontractor as if it were itself a bidder. (b) After receipt of a bid, proposal, or offer, but prior to the award of a contract, the Commission may require a potential Lottery Contractor to provide any or all of the following information: (1) A disclosure of all the states and jurisdictions in which the bidder does business, and the nature of that business for each state or jurisdiction. (2) A disclosure of all the states and jurisdictions in which the bidder has contracts to supply gaming goods or services, including, but not limited to, lottery goods and services, and the nature of the goods or services involved for each state or jurisdiction. (3) A disclosure of all the states and jurisdictions in which the bidder has applied for, has sought renewal of, has received, has been denied, has pending, or has had revoked a gaming license of any kind, and the disposition in each state or jurisdiction. If any gaming license has not been renewed or any gaming license application has been either denied or has remained pending for more than six months, all of the facts and circumstances underlying this failure to receive a gaming license shall be disclosed. (4) A disclosure of the details of any conviction or judgment of a state or federal court against the bidder of any gambling-related offense, or criminal offense other than traffic violations. (5) A disclosure of the details of any bankruptcy, insolvency, or reorganization, or any judgment or pending litigation involving fraud or deceit against the bidder. (6) A disclosure for each bidder of the employment, residence, educational, and military history since the age of 18 years of any of its owners, directors, members, officers, employees, or agents identified by the Lottery. (7) A disclosure consolidating all reportable information on all reportable contributions by the bidder to any local, state, or federal political candidate or political committee in this state for the past five years that is reportable under any existing state or federal law. (8) A disclosure of the identity of any entity with which the bidder has a joint venture or other contractual arrangement to supply any state or jurisdiction with gaming goods or services, including, but not limited to, lottery goods or services; including a disclosure with regard to the entity of all of the information requested under paragraphs (1) to (8), inclusive. (9) In the instance of a procurement for the printing of lottery tickets, for goods or services involving the receiving or recording of number selections, or for goods or services involving the determination of winners, an additional disclosure consisting of the individual federal and state income tax returns for the past three years and a current individual financial statement for each bidder and any of the bidder’s owners, directors, members, officers, employees, or agents identified by the Lottery. The disclosures provided in this paragraph shall be considered confidential and shall be transmitted directly to the Deputy Director for Security and the Attorney General for their review. (10) Any additional disclosures and information as may be appropriate for the procurement involved as determined by the Commission. (c) With respect to the persons or entities described in paragraphs (1) to (7), inclusive, of subdivision (a), the Commission may request the disclosure of any information required in subdivision (b), which shall be relevant to the award of any contract. (d) No contract with any bidder who has not complied with the disclosure requirements described in this section shall be entered into or be enforceable. Any contract with any lottery contractor who does not comply with these requirements for maintaining the currency of the disclosures during the term of the contract as may be specified in the contract may be terminated by the Commission. In addition, the Commission may deny or cancel a contract with a lottery contractor or any of the persons or entities included in paragraphs (1) to (7), inclusive, of subdivision (a) if any of the following apply: (1) False statements have been made in any information which is required under this section. (2) Any of the persons or entities have been convicted of a crime punishable as a felony. (3) Any of the persons or entities have been convicted of an offense involving dishonesty or any gambling-related offense. (e) This section shall be construed broadly and liberally to achieve the end of full disclosure of all information necessary to allow for a full and complete evaluation of the competence, integrity, and character of potential suppliers of the California State Lottery Commission. (Amended by Stats. 2004, Ch. 438, Sec. 4. Effective January 1, 2005. Note: Section 8880.57 originally was added on Nov. 6, 1984, by initiative Prop. 37.)
  183. 8880.58.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 6. Lottery Suppliers [8880.56 - 8880.60] ( Article 6 added November 6, 1984, by initiative Proposition 37. )

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    Each Lottery Contractor must carry out its contract in line with California law, federal law, and the laws of any state where the supplier is performing or producing the contracted goods or services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 6. Lottery Suppliers [8880.56 - 8880.60] ( Article 6 added November 6, 1984, by initiative Proposition 37. ) ## 8880.58. Compliance with Applicable Laws Each Lottery Contractor shall perform its contract consistent with the laws of this State, Federal law, and laws of the state or states in which such supplier is performing or producing, in whole or in part, any of the goods or services contracted for hereunder. (Added November 6, 1984, by initiative Proposition 37.)
  184. 8880.59.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 6. Lottery Suppliers [8880.56 - 8880.60] ( Article 6 added November 6, 1984, by initiative Proposition 37. )

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    The Lottery or Commission may require lottery contractors or lottery game retailers to provide financial security, such as a performance bond or fidelity bond.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 6. Lottery Suppliers [8880.56 - 8880.60] ( Article 6 added November 6, 1984, by initiative Proposition 37. ) ## 8880.59. Performance Bond Any Lottery Contractor may be required by the Lottery to post, with the Commission an acceptable performance bond, letter of credit, or other form of security or guarantee of performance, using a surety acceptable to the Commission, in an amount sufficient to protect the Lottery in case of default by the contractor. The Commission may require any Lottery Game Retailer to provide a fidelity bond which shall be payable upon order of the Commission. (Amended by Stats. 1989, Ch. 917, Sec. 8. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  185. 8880.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

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    Certain Penal Code sections do not apply to the California State Lottery or its operations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.6. Other Statutory Provisions Sections 320, 321, 322, 323, 324, 325, 326, and 328 of the Penal Code do not apply to the California State Lottery or its operations. This exemption applies only to the operators of the Lottery and shall not be construed to change existing law relating to lotteries operated by persons or entities other than the Lottery. (Amended by Stats. 1986, Ch. 848, Sec. 1. Effective September 17, 1986. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  186. 8880.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 6. Lottery Suppliers [8880.56 - 8880.60] ( Article 6 added November 6, 1984, by initiative Proposition 37. )

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    Certain lottery officials and employees are barred from accepting compensation or employment from covered lottery contractors for a set period after leaving service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 6. Lottery Suppliers [8880.56 - 8880.60] ( Article 6 added November 6, 1984, by initiative Proposition 37. ) ## 8880.60. No member of the commission shall, for a two-year period after the end of the member’s term, accept any consideration from, whether directly or indirectly, and shall not accept any employment with, whether as an employee, independent contractor, or consultant, any lottery contractor successful in a major procurement whose contract award was subject to formal approval by the commission. No director shall accept any consideration from, whether directly or indirectly, and shall not accept any employment with, whether as an employee, independent contractor, or consultant, any lottery contractor successful in a major procurement for a period of two years commencing on the last day that the director is employed by the lottery. No other lottery employee involved in the evaluation of or recommendation to award a major procurement shall accept any consideration from, or employment with, any lottery contractor successful in that procurement for a period of one year commencing on the last day that the person is employed by the lottery. In the event that the director, any member of the commission, or other lottery employee violates this subdivision, the commission may terminate the contract between the lottery and the lottery contractor for the major procurement. The Attorney General shall investigate the facts surrounding the violation and shall recommend to the commission any appropriate civil remedies which the lottery has against the lottery contractor, member of the commission, director, or other lottery employee due to the violation, including, but not limited to, action to terminate the lottery contractor’s contract where appropriate. For purposes of this subdivision, “major procurement” means any procurement of materials, supplies, services, or equipment other than those common to the ordinary operations of state agencies. The prohibitions imposed by this section shall not apply to any person who left government service prior to September 28, 1987, except that a person who returns to government service on or after that date shall thereafter be covered thereby. (Amended by Stats. 1992, Ch. 500, Sec. 12. Effective August 17, 1992. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  187. 8880.61.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 7. State Lottery Fund [8880.61 - 8880.66] ( Article 7 added November 6, 1984, by initiative Proposition 37. )

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    This section creates the State Lottery Fund, directs how lottery money is paid into it, limits transfers from other state funds, and allows the Controller to use fund money for loans to the General Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 7. State Lottery Fund [8880.61 - 8880.66] ( Article 7 added November 6, 1984, by initiative Proposition 37. ) ## 8880.61. State Lottery Fund (a) A special fund to be known as the “State Lottery Fund” is created within the State Treasury that is continuously appropriated for carrying out the purposes of this chapter. The fund shall receive all proceeds from the sales of lottery tickets or shares, the temporary line of credit for initial startup costs, and all other moneys credited to the Lottery from any other source. The Treasurer shall designate a depository to receive lottery proceeds for transmission to the State Treasury and for deposit in the State Lottery Fund. (b) Except as provided by this chapter, moneys in the General Fund or any other state fund shall not be transferred to the State Lottery Fund or otherwise used to support the California State Lottery or the Lottery Commission, or to pay the debts, obligations, or encumbrances of the State Lottery Fund or the Commission. (c) Notwithstanding any other law, the Controller may use the moneys in the State Lottery Fund for loans to the General Fund as provided in Sections 16310 and 16381. Interest shall be paid on all moneys loaned to the General Fund from the State Lottery Fund. Interest payable shall be computed at a rate of 110 percent of the Pooled Money Investment Account rate, with the interest accruing on the date the loan is made from the State Lottery Fund to the General Fund. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the State Lottery Fund was created. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 23, Sec. 9. Effective July 28, 2009. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  188. 8880.62.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 7. State Lottery Fund [8880.61 - 8880.66] ( Article 7 added November 6, 1984, by initiative Proposition 37. )

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    The Controller must disburse money from the State Lottery Fund only for purposes authorized by this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 7. State Lottery Fund [8880.61 - 8880.66] ( Article 7 added November 6, 1984, by initiative Proposition 37. ) ## 8880.62. Funds shall be disbursed from the State Lottery Fund by the Controller for any of the purposes authorized by this chapter. (Amended by Stats. 2008, Ch. 764, Sec. 13. Effective November 14, 2008. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  189. 8880.65.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 7. State Lottery Fund [8880.61 - 8880.66] ( Article 7 added November 6, 1984, by initiative Proposition 37. )

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    Net revenues of the Lottery must be transferred from the State Lottery Fund to the California State Lottery Education Fund at least quarterly.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 7. State Lottery Fund [8880.61 - 8880.66] ( Article 7 added November 6, 1984, by initiative Proposition 37. ) ## 8880.65. Transfer of Net Revenues The funds remaining in the State Lottery Fund after accrual of all revenues to the State Lottery Fund, and after accrual of all obligations of the Lottery for prizes, expenses, and the repayment of any funds advanced from the temporary line of credit for initial startup costs and interest thereon shall be deemed to be the net revenues of the Lottery. The net revenues of the Lottery shall be transferred from the State Lottery Fund not less than quarterly to the California State Lottery Education Fund. (Amended by Stats. 1986, Ch. 55, Sec. 23. Effective April 16, 1986. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  190. 8880.66.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 7. State Lottery Fund [8880.61 - 8880.66] ( Article 7 added November 6, 1984, by initiative Proposition 37. )

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    The Commission must reimburse other governmental entities for services needed to carry out this chapter when those services are provided to the State Lottery Commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 7. State Lottery Fund [8880.61 - 8880.66] ( Article 7 added November 6, 1984, by initiative Proposition 37. ) ## 8880.66. Intergovernmental Reimbursements for Services The Commission shall reimburse all other governmental entities for any and all services necessary to effectuate the purpose of this Chapter provided by such governmental entities to the State Lottery Commission. (Added November 6, 1984, by initiative Proposition 37.)
  191. 8880.68.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 8. Miscellaneous [8880.68 - 8880.72] ( Article 8 added November 6, 1984, by initiative Proposition 37. )

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    State and local taxes generally cannot be imposed on lottery ticket sales, lottery prizes, or certain assignment proceeds, except that property taxes or license fees may still apply to noncash prizes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 8. Miscellaneous [8880.68 - 8880.72] ( Article 8 added November 6, 1984, by initiative Proposition 37. ) ## 8880.68. Except as provided in subdivision (d), no state or local taxes shall be imposed upon the following: (a) The sale of lottery tickets or shares of the lottery. (b) Any prize awarded by the lottery. (c) Any amount received by a prizewinner pursuant to an assignment under Section 8880.325. (d) This section does not prohibit the imposition of property taxes or license fees for any noncash prize that is awarded by the lottery. (Amended by Stats. 2000, Ch. 180, Sec. 1. Effective January 1, 2001. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  192. 8880.69.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 8. Miscellaneous [8880.68 - 8880.72] ( Article 8 added November 6, 1984, by initiative Proposition 37. )

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    Local governments may not regulate or legislate on matters related to the operation of the Lottery 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 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 8. Miscellaneous [8880.68 - 8880.72] ( Article 8 added November 6, 1984, by initiative Proposition 37. ) ## 8880.69. Preemption of Local Laws It is the intent of this Chapter that all matters related to the operation of the Lottery as established hereby be governed solely pursuant to this Chapter and be free from regulation or legislation of local governments, including a city, city and county, or county. (Added November 6, 1984, by initiative Proposition 37.)
  193. 8880.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

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    The definitions in this chapter control how the chapter is read unless the context requires a different meaning.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.7. Governing Definitions The definitions contained in this Chapter shall govern the construction of this Chapter unless the context requires otherwise. (Added November 6, 1984, by initiative Proposition 37.)
  194. 8880.70.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 8. Miscellaneous [8880.68 - 8880.72] ( Article 8 added November 6, 1984, by initiative Proposition 37. )

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    Some state or local restrictions do not apply to California State Lottery tickets or shares, and businesses or entities may make and transport lottery-related products.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 8. Miscellaneous [8880.68 - 8880.72] ( Article 8 added November 6, 1984, by initiative Proposition 37. ) ## 8880.70. Lawful Activity Any other state or local law providing any penalty, disability, restriction, or prohibition for the possession, manufacture, transportation, distribution, advertising, or sale of any lottery tickets or shares shall not apply to the tickets or shares of the California State Lottery. A business or entity may manufacture, assemble, repair, maintain, print, or otherwise produce and transport various devices, paraphernalia, equipment, tickets, or other products which are used in a state lottery. (Amended by Stats. 1986, Ch. 55, Sec. 24. Effective April 16, 1986. Note: This section was added on Nov. 6, 1984, by initiative Prop. 37.)
  195. 8880.71.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 8. Miscellaneous [8880.68 - 8880.72] ( Article 8 added November 6, 1984, by initiative Proposition 37. )

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    People convicted of a felony or gambling-related offense cannot be selected, appointed, or hired as certain Lottery Commission roles.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 8. Miscellaneous [8880.68 - 8880.72] ( Article 8 added November 6, 1984, by initiative Proposition 37. ) ## 8880.71. Restrictions No person shall be selected, appointed or hired to be a Commissioner, Director, deputy director, or Commission employee who has been convicted of a felony or any gambling-related offense. (Added November 6, 1984, by initiative Proposition 37.)
  196. 8880.72.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 8. Miscellaneous [8880.68 - 8880.72] ( Article 8 added November 6, 1984, by initiative Proposition 37. )

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    Civil process and subpoenas for Lottery records must be served on the Director or the Director’s designated representative at Lottery headquarters in Sacramento.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 8. Miscellaneous [8880.68 - 8880.72] ( Article 8 added November 6, 1984, by initiative Proposition 37. ) ## 8880.72. All civil process in any action brought against the Director, the Commission, or the Lottery and any subpoena for the production of Lottery records shall be served upon the Director or his or her designated representative at the Lottery headquarters in Sacramento. (Added by Stats. 1990, Ch. 225, Sec. 1.)
  197. 8880.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

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    This section defines “Lottery” and “California State Lottery” as the California State Lottery created and operated 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 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.8. “Lottery” or “California State Lottery” “Lottery” or “California State Lottery” means the California State Lottery created and operated pursuant to this Chapter. (Added November 6, 1984, by initiative Proposition 37.)
  198. 8880.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. )

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    “Commissioner” means a member of the Lottery Commission appointed by the Governor to oversee the California State Lottery.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12.5. [California State Lottery Act of 1984] [8880 - 8880.72] ( Chapter 12.5 added November 6, 1984, by initiative Proposition 37, Sec. 3. ) ## ARTICLE 1. General Provisions and Definitions [8880 - 8880.14] ( Article 1 added November 6, 1984, by initiative Proposition 37. ) ## 8880.9. “Commissioner” “Commissioner” means one of the members of the Lottery Commission appointed by the Governor pursuant to this Chapter to oversee the California State Lottery. (Added November 6, 1984, by initiative Proposition 37.)
  199. 8885.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13. California Broadband Council [8885 - 8889] ( Chapter 13 added by Stats. 2010, Ch. 338, Sec. 1. )

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    The California Broadband Council is established in state government to promote broadband deployment and adoption statewide.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13. California Broadband Council [8885 - 8889] ( Chapter 13 added by Stats. 2010, Ch. 338, Sec. 1. ) ## 8885. The California Broadband Council is established in state government for the purpose of promoting broadband deployment in unserved and underserved areas of the state, as defined by the Public Utilities Commission, and broadband adoption throughout the state for the benefit of all Californians. (Added by Stats. 2010, Ch. 338, Sec. 1. (SB 1462) Effective January 1, 2011.)
  200. 8886.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13. California Broadband Council [8885 - 8889] ( Chapter 13 added by Stats. 2010, Ch. 338, Sec. 1. )

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    The section sets out who must be included in the California Broadband Council and requires appointed legislative members to take part in council activities if that is compatible with their legislative role.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13. California Broadband Council [8885 - 8889] ( Chapter 13 added by Stats. 2010, Ch. 338, Sec. 1. ) ## 8886. (a) The membership of the California Broadband Council shall include all of the following: (1) The Director of Technology, or the director’s designee. (2) The President of the Public Utilities Commission, or the president’s designee. (3) The Director of Emergency Services, or the director’s designee. (4) The Superintendent of Public Instruction, or the Superintendent’s designee. (5) The Director of General Services, or the director’s designee. (6) The Secretary of Transportation, or the secretary’s designee. (7) The President of the California Emerging Technology Fund, or the president’s designee. (8) The Secretary of Food and Agriculture, or the secretary’s designee. (9) The State Librarian, or the librarian’s designee. (10) The Governor’s Tribal Advisor, or the advisor’s designee. (11) A Member of the Senate, appointed by the Senate Committee on Rules. (12) A Member of the Assembly, appointed by the Speaker of the Assembly. (b) Members of the Legislature appointed to the council shall participate in the activities of the council to the extent that their participation is not incompatible with their positions as Members of the Legislature. (Amended by Stats. 2019, Ch. 426, Sec. 1. (AB 488) Effective January 1, 2020.)

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