Government Code — Part 103 | GOV — United States — California law | Esheria

Government Code

Part 103 of 107 · provisions 20,401–20,600

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. 8887.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 must carry out listed coordination duties to support broadband deployment and adoption.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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. ) ## 8887. Duties of the California Broadband Council shall include, but not be limited to, all of the following: (a) Ensuring communication among state agencies regarding California’s participation in proceedings related to the National Broadband Plan released by the Federal Communications Commission. (b) Ensuring that state agencies share all relevant information in order to maximize California’s opportunities for federal and private funding for broadband deployment and adoption. (c) Ensuring that all relevant state agencies are made aware of actions necessary to fully implement recommendations in the 2008 Broadband Task Force Report. (d) Identifying opportunities for state agencies and state broadband networks to share facilities, rights-of-way, or other resources related to broadband deployment and adoption. (e) Taking any other actions to ensure that state agencies are coordinating efforts and resources to promote broadband deployment and adoption. (Added by Stats. 2010, Ch. 338, Sec. 1. (SB 1462) Effective January 1, 2011.)
  2. 8888.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 the California Broadband Council’s first meeting, chair selection, meeting frequency, and administrative support 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 13. California Broadband Council [8885 - 8889] ( Chapter 13 added by Stats. 2010, Ch. 338, Sec. 1. ) ## 8888. (a) The President of the Public Utilities Commission shall call the first meeting of the California Broadband Council, to be held not later than March 1, 2011. The President of the Public Utilities Commission shall serve as chair of the council for the first meeting. (b) At the first meeting, the members of the council shall choose a chair for subsequent meetings, and may choose a vice chair to act as chair when the chair is unavailable. (c) Subsequent meetings of the council shall be convened as determined by the chair of the council, but in no event shall the meetings be convened less than three times annually. (d) The office of the council member serving as chair shall provide administrative support to the council. (Added by Stats. 2010, Ch. 338, Sec. 1. (SB 1462) Effective January 1, 2011.)
  3. 8889.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 council must comply with the Bagley-Keene Open Meeting Act and give stakeholder groups opportunities to comment on broadband deployment and adoption at regular public 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 13. California Broadband Council [8885 - 8889] ( Chapter 13 added by Stats. 2010, Ch. 338, Sec. 1. ) ## 8889. (a) The council shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3). (b) The council shall provide opportunities for stakeholder groups to provide input about broadband deployment and adoption at its regular public meetings, and may provide additional opportunities through public hearings, roundtables, advisory committees, or other means, as determined by the council. (Added by Stats. 2010, Ch. 338, Sec. 1. (SB 1462) Effective January 1, 2011.)
  4. 8893.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13.4. Hazardous Building Wall Anchorage Law [8893 - 8893.5] ( Chapter 13.4 added by Stats. 1991, Ch. 859, Sec. 3. ) ## ARTICLE 1. Legislative Findings [8893- 8893.] ( Article 1 added by Stats. 1991, Ch. 859, Sec. 3. )

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    The Legislature says this chapter is meant to reduce earthquake hazards for certain precast concrete and reinforced masonry buildings with inadequate wall anchorage 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 13.4. Hazardous Building Wall Anchorage Law [8893 - 8893.5] ( Chapter 13.4 added by Stats. 1991, Ch. 859, Sec. 3. ) ## ARTICLE 1. Legislative Findings [8893- 8893.] ( Article 1 added by Stats. 1991, Ch. 859, Sec. 3. ) ## 8893. (a) The Legislature finds and declares that buildings constructed of precast concrete wall construction (commonly referred to as tilt-up buildings) or reinforced masonry buildings with inadequate wall anchorage to wood frame floors or roofs continue to pose a serious threat to public safety and the economic viability of the State of California because of their potential for damage and collapse during earthquakes. (b) The Legislature further finds and declares that in areas affected by past earthquakes, buildings with walls that were properly anchored to floors or roofs suffered less earthquake damage, less earthquake collapse, and fewer hazards to life. (c) Therefore, it is the intent of the Legislature that this chapter shall ensure that earthquake hazards of all precast concrete or reinforced masonry buildings with inadequate wall anchorage to wood frame floors or roofs in the State of California are mitigated. (Added by Stats. 1991, Ch. 859, Sec. 3.)
  5. 8893.1.

    ## 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 13.4. Hazardous Building Wall Anchorage Law [8893 - 8893.5] ( Chapter 13.4 added by Stats. 1991, Ch. 859, Sec. 3. ) ## ARTICLE 2. Adequate Wall Anchorage [8893.1 - 8893.5] ( Article 2 added by Stats. 1991, Ch. 859, Sec. 3. )

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    This section defines “adequate wall anchorage” for certain precast concrete or reinforced masonry buildings and says it must include specified continuous ties or struts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13.4. Hazardous Building Wall Anchorage Law [8893 - 8893.5] ( Chapter 13.4 added by Stats. 1991, Ch. 859, Sec. 3. ) ## ARTICLE 2. Adequate Wall Anchorage [8893.1 - 8893.5] ( Article 2 added by Stats. 1991, Ch. 859, Sec. 3. ) ## 8893.1. (a) For purposes of this chapter, “adequate wall anchorage” means a connection between the wall and the floor, or between the wall and the roof construction, of a precast concrete or reinforced masonry building with wood frame floors or roof, which is capable of resisting the horizontal forces specified in Section 2310 or Section 2336 of the 1991 Edition of the Uniform Building Code of the International Conference of Building Officials. If adequate wall anchorage is achieved within three years from the date of receipt of notice pursuant to this chapter then compliance as specified in Section 8893.4 shall be deemed to have been achieved. (b) Adequate wall anchorage shall include compliance with requirements for continuous ties or struts between diaphragm chords as specified in Section 2337 of the 1991 Edition of the Uniform Building Code of the International Conference of Building Officials. (Amended by Stats. 1992, Ch. 307, Sec. 1. Effective January 1, 1993.)
  6. 8893.2.

    ## 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 13.4. Hazardous Building Wall Anchorage Law [8893 - 8893.5] ( Chapter 13.4 added by Stats. 1991, Ch. 859, Sec. 3. ) ## ARTICLE 2. Adequate Wall Anchorage [8893.1 - 8893.5] ( Article 2 added by Stats. 1991, Ch. 859, Sec. 3. )

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    A transferor or the transferor’s agent must give the purchaser a copy of the Commercial Property Owner’s Guide to Earthquake Safety before selling, transferring, or exchanging certain older precast concrete or reinforced masonry buildings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13.4. Hazardous Building Wall Anchorage Law [8893 - 8893.5] ( Chapter 13.4 added by Stats. 1991, Ch. 859, Sec. 3. ) ## ARTICLE 2. Adequate Wall Anchorage [8893.1 - 8893.5] ( Article 2 added by Stats. 1991, Ch. 859, Sec. 3. ) ## 8893.2. On and after January 1, 1993, the transferor, or his or her agent, of any precast concrete or reinforced masonry building with wood frame floors or roofs, built before January 1, 1975, which is located within any county or city shall, as soon as practicable before the sale, transfer, or exchange, deliver to the purchaser a copy of the Commercial Property Owner’s Guide to Earthquake Safety described in Section 10147 of the Business and Professions Code. (Added by Stats. 1991, Ch. 859, Sec. 3.)
  7. 8893.3.

    ## 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 13.4. Hazardous Building Wall Anchorage Law [8893 - 8893.5] ( Chapter 13.4 added by Stats. 1991, Ch. 859, Sec. 3. ) ## ARTICLE 2. Adequate Wall Anchorage [8893.1 - 8893.5] ( Article 2 added by Stats. 1991, Ch. 859, Sec. 3. )

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    This article does not apply to several listed kinds of transfers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13.4. Hazardous Building Wall Anchorage Law [8893 - 8893.5] ( Chapter 13.4 added by Stats. 1991, Ch. 859, Sec. 3. ) ## ARTICLE 2. Adequate Wall Anchorage [8893.1 - 8893.5] ( Article 2 added by Stats. 1991, Ch. 859, Sec. 3. ) ## 8893.3. This article does not apply to any of the following: (a) Transfers which are required to be preceded by the furnishing to a prospective transferee of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code. (b) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in the administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, or transfers resulting from a decree for specific performance. (c) Transfers to a mortgagee by a mortgagor in default, transfers to a beneficiary of a deed of trust by a trustor in default, transfers by any foreclosure sale after default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, transfers by a sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, or any subsequent transfer by a mortgagor or beneficiary of a deed of trust who accepts a deed in lieu of foreclosure or purchases the property at a foreclosure sale. (d) Transfers by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust. (e) Transfers from one coowner to one or more coowners. (f) Transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors. (g) Transfers between spouses resulting from a decree of dissolution of a marriage, from a decree of legal separation, or from a property settlement agreement incidental to either of those decrees. (h) Transfers by the Controller in the course of administering the Unclaimed Property Law, Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. (i) Transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code. (j) Transfers for which the transferee has agreed in writing that the building or structure will be demolished within one year of the date of transfer. (Added by Stats. 1991, Ch. 859, Sec. 3.)
  8. 8893.4.

    ## 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 13.4. Hazardous Building Wall Anchorage Law [8893 - 8893.5] ( Chapter 13.4 added by Stats. 1991, Ch. 859, Sec. 3. ) ## ARTICLE 2. Adequate Wall Anchorage [8893.1 - 8893.5] ( Article 2 added by Stats. 1991, Ch. 859, Sec. 3. )

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    An owner may not receive payment from state earthquake repair assistance if the transferee got notice and the building still was not brought into compliance within three 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 13.4. Hazardous Building Wall Anchorage Law [8893 - 8893.5] ( Chapter 13.4 added by Stats. 1991, Ch. 859, Sec. 3. ) ## ARTICLE 2. Adequate Wall Anchorage [8893.1 - 8893.5] ( Article 2 added by Stats. 1991, Ch. 859, Sec. 3. ) ## 8893.4. If the transferee has received notice pursuant to this chapter and has not brought the building or structure into compliance within three years of that date, the owner shall not receive payment from any state assistance program for earthquake repairs resulting from damage during an earthquake until all other applicants have been paid. (Added by Stats. 1991, Ch. 859, Sec. 3.)
  9. 8893.5.

    ## 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 13.4. Hazardous Building Wall Anchorage Law [8893 - 8893.5] ( Chapter 13.4 added by Stats. 1991, Ch. 859, Sec. 3. ) ## ARTICLE 2. Adequate Wall Anchorage [8893.1 - 8893.5] ( Article 2 added by Stats. 1991, Ch. 859, Sec. 3. )

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    A transfer of title is not invalid just because there was a failure to comply 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 13.4. Hazardous Building Wall Anchorage Law [8893 - 8893.5] ( Chapter 13.4 added by Stats. 1991, Ch. 859, Sec. 3. ) ## ARTICLE 2. Adequate Wall Anchorage [8893.1 - 8893.5] ( Article 2 added by Stats. 1991, Ch. 859, Sec. 3. ) ## 8893.5. No transfer of title shall be invalidated on the basis of a failure to comply with this chapter. (Added by Stats. 1991, Ch. 859, Sec. 3.)
  10. 8894.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13.5. Buildings With Concrete or Reinforced Masonry Column or Wall Construction [8894 - 8894.3] ( Chapter 13.5 added by Stats. 1992, Ch. 1079, Sec. 2. )

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    The State Architect and the State Building Standards Commission must develop, publish, adopt, codify, and submit seismic retrofit guidelines and standards for certain large buildings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13.5. Buildings With Concrete or Reinforced Masonry Column or Wall Construction [8894 - 8894.3] ( Chapter 13.5 added by Stats. 1992, Ch. 1079, Sec. 2. ) ## 8894. (a) The State Architect, in consultation with the State Building Standards Commission, the California Council of the American Institute of Architects, the California Building Officials, the International Conference of Building Officials, the Structural Engineers Association of California, the Seismic Safety Commission, the Department of Housing and Community Development, the Concrete Masonary Association of California and Nevada, the Community Associations Institute, the Consulting Engineers and Land Surveyors of California, the California Building Owners and Managers Association, the California Hotel and Motel Association, the California Housing Council, Inc., the California Apartment Association, the California Chamber of Commerce, the Business Properties Association, the California Association of Realtors, the California Supervisors Association, the Executive Council of Homeowners, and the League of California Cities shall develop seismic retrofit guidelines and standards for buildings enclosing more than 20,000 square feet of floor area with concrete or reinforced masonry column or wall construction by January 1, 1996. (b) The State Architect shall publish a commentary explaining the seismic retrofit guidelines and standards and their use by January 1, 1996. The seismic retrofit standards shall be submitted to the State Building Standards Commission, and shall be made available to other interested parties. (c) On or before July 1, 1997, the State Building Standards Commission shall adopt, approve, codify, and publish by reference in the California Building Standards Code, the seismic retrofit standards developed pursuant to this chapter. (d) On or before August 1, 1997, the State Building Standards Commission shall submit the seismic retrofit standards to the International Conference of Building Officials for consideration and adoption into model codes, as defined in Section 18916 of the Health and Safety Code. (Added by Stats. 1992, Ch. 1079, Sec. 2. Effective January 1, 1993.)
  11. 8894.1.

    ## 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 13.5. Buildings With Concrete or Reinforced Masonry Column or Wall Construction [8894 - 8894.3] ( Chapter 13.5 added by Stats. 1992, Ch. 1079, Sec. 2. )

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    This chapter does not apply to certain excluded buildings, including unreinforced masonry buildings, buildings covered by Chapter 13.4, school buildings, hospital buildings, and historical buildings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13.5. Buildings With Concrete or Reinforced Masonry Column or Wall Construction [8894 - 8894.3] ( Chapter 13.5 added by Stats. 1992, Ch. 1079, Sec. 2. ) ## 8894.1. This chapter shall not apply to potentially hazardous (unreinforced masonry) buildings covered under Chapter 12.2 (commencing with Section 8875), any building covered under Chapter 13.4 (commencing with Section 8893), school buildings covered under Article 3 (commencing with Section 17280) of Chapter 3 of Part 10.5 of the Education Code, hospital buildings covered under Chapter 1 (commencing with Section 129675) of Part 7 of Division 107 of the Health and Safety Code, and historical buildings covered under Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code. (Amended by Stats. 2006, Ch. 538, Sec. 242. Effective January 1, 2007.)
  12. 8894.2.

    ## 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 13.5. Buildings With Concrete or Reinforced Masonry Column or Wall Construction [8894 - 8894.3] ( Chapter 13.5 added by Stats. 1992, Ch. 1079, Sec. 2. )

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    This section defines “seismic retrofit” for existing buildings or structures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13.5. Buildings With Concrete or Reinforced Masonry Column or Wall Construction [8894 - 8894.3] ( Chapter 13.5 added by Stats. 1992, Ch. 1079, Sec. 2. ) ## 8894.2. “Seismic retrofit” means retrofitting or reconstruction of an existing building or structure, to significantly reduce structural collapse and falling hazards from structural or nonstructural components of any building or structure including, but not limited to, parapets, appendages, cornices, hanging objects, and building cladding that poses serious danger to the occupants or adjacent areas. “Seismic retrofit” also means either structural strengthening or providing the means necessary to modify the seismic response that would otherwise be expected by an existing building or structure during an earthquake, so as to significantly reduce hazards to life and safety while also providing for the substantial safe ingress and egress of the building occupants immediately after an earthquake. Alternatively, “seismic retrofit” means to strengthen an existing building or structure, so as to improve or allow the building or structure to remain functional immediately after an earthquake. (Added by Stats. 1992, Ch. 1079, Sec. 2. Effective January 1, 1993.)
  13. 8894.3.

    ## 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 13.5. Buildings With Concrete or Reinforced Masonry Column or Wall Construction [8894 - 8894.3] ( Chapter 13.5 added by Stats. 1992, Ch. 1079, Sec. 2. )

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    This section defines “in consultation with” and says consultation must include open solicitation and response to input, plus an opportunity for named organizations to participate in 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 13.5. Buildings With Concrete or Reinforced Masonry Column or Wall Construction [8894 - 8894.3] ( Chapter 13.5 added by Stats. 1992, Ch. 1079, Sec. 2. ) ## 8894.3. For purposes of this chapter, the term “in consultation with” means the meaningful and open solicitation of suggestions, ideas, and comments, and the response to these suggestions, ideas, and comments, and the opportunity to participate in meetings by the organizations named in this chapter. Consultation shall include consideration of what constitutes seismic deficiencies and the appropriate measures to correct the deficiencies. (Added by Stats. 1992, Ch. 1079, Sec. 2. Effective January 1, 1993.)
  14. 8897.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13.8. Residential Strengthening—Seismic Safety [8897 - 8897.5] ( Chapter 13.8 added by Stats. 1991, Ch. 699, Sec. 1. ) ## ARTICLE 1. General Provisions and Legislative Findings [8897- 8897.] ( Article 1 added by Stats. 1991, Ch. 699, Sec. 1. )

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    This section says California should make homes safer from earthquake damage and require sellers to disclose certain earthquake-related deficiencies to buyers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13.8. Residential Strengthening—Seismic Safety [8897 - 8897.5] ( Chapter 13.8 added by Stats. 1991, Ch. 699, Sec. 1. ) ## ARTICLE 1. General Provisions and Legislative Findings [8897- 8897.] ( Article 1 added by Stats. 1991, Ch. 699, Sec. 1. ) ## 8897. (a) The Legislature finds and declares all of the following: (1) There exists a serious threat to homes in the State of California from damage during earthquakes. Over 23,000 homes were damaged or destroyed during the Loma Prieta earthquake of October 17, 1989, due to the lack of adequate foundation anchoring or as a result of cripple wall failure. (2) The building codes used in the State of California did not require homes to be bolted to their foundations until on or about 1949, and some of California’s local jurisdictions did not enforce the anchor bolting requirements until as late as 1958. (3) There are approximately 1,200,000 homes in the State of California which may not be bolted or anchored to their foundations or do not have adequate cripple wall bracing. (4) There also exists a serious threat of gas leaks followed by fire and explosion from water heaters that overturn, damaging the plumbing or electrical wiring during an earthquake due to the lack of adequate anchoring, strapping, or bracing. (b) Therefore, it is the goal of the Legislature to ensure that all homes be anchored to their foundations, have adequately braced cripple walls, and have the water heaters braced, strapped, or anchored, and that deficiencies be disclosed by the seller to prospective buyers. (c) The Legislature finds and declares that the disclosure of earthquake deficiencies should provide a prospective buyer with information on the possible vulnerability of the dwelling being purchased. It is the intent of the Legislature that the seller be able to complete the report without having to consult with any design professional. (Amended by Stats. 1992, Ch. 307, Sec. 2. Effective January 1, 1993.)
  15. 8897.1.

    ## 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 13.8. Residential Strengthening—Seismic Safety [8897 - 8897.5] ( Chapter 13.8 added by Stats. 1991, Ch. 699, Sec. 1. ) ## ARTICLE 2. Earthquake Evaluations [8897.1 - 8897.5] ( Article 2 added by Stats. 1991, Ch. 699, Sec. 1. )

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    A property transferor must provide earthquake safety disclosure materials before transferring certain older residential property, subject to listed exemptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13.8. Residential Strengthening—Seismic Safety [8897 - 8897.5] ( Chapter 13.8 added by Stats. 1991, Ch. 699, Sec. 1. ) ## ARTICLE 2. Earthquake Evaluations [8897.1 - 8897.5] ( Article 2 added by Stats. 1991, Ch. 699, Sec. 1. ) ## 8897.1. (a) After January 1, 1993, the transferor of any real property containing any residential dwelling built prior to January 1, 1960, with one to four living units of conventional light-frame construction, as defined in Chapter 25 of the 1991 Edition of the Uniform Building Code of the International Conference of Building Officials, shall, as soon as practicable before the transfer, deliver to the purchaser or transferee a copy of the “Homeowner’s Guide to Earthquake Safety” published pursuant to Section 10149 of the Business and Professions Code and complete the earthquake hazards disclosure regarding the property. The earthquake hazards disclosure shall clearly indicate whether the transferor has actual knowledge that the dwelling has any of the deficiencies listed in Section 8897.2. (b) The transferor shall make the earthquake hazards disclosure as soon as practicable before the transfer of title in the case of a sale or exchange, or prior to execution of the contract where the transfer is by a real property sales contract, as defined in Section 2985. For purposes of this subdivision, the disclosure may be made in person or by mail to the transferee, or to any person authorized to act for him or her in the transaction, or to additional transferees who have requested delivery from the transferor in writing. (c) This article does not apply to any of the following: (1) Transfers which are required to be preceded by the furnishing to a prospective transferee of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code. (2) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in the administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, or transfers resulting from a decree for specific performance. (3) Transfers to a mortgagee by a mortgagor in default, transfers to a beneficiary of a deed of trust by a trustor in default, transfers by any foreclosure sale after default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, or transfers by a sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale and, any subsequent transfer by a mortgagor or beneficiary of a deed of trust who accepts a deed in lieu of foreclosure or purchases the property at a foreclosure sale. (4) Transfers by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust. (5) Transfers from one coowner to one or more coowners. (6) Transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors. (7) Transfers between spouses resulting from a decree of dissolution of a marriage, from a decree of legal separation, or from a property settlement agreement incidental to either of those decrees. (8) Transfers by the Controller in the course of administering the Unclaimed Property Law provided for in Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. (9) Transfers under the provisions of Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code. (10) Transfers for which the transferee has agreed in writing that the dwelling will be demolished within one year of the date of transfer. (Amended by Stats. 1992, Ch. 307, Sec. 3. Effective January 1, 1993.)
  16. 8897.2.

    ## 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 13.8. Residential Strengthening—Seismic Safety [8897 - 8897.5] ( Chapter 13.8 added by Stats. 1991, Ch. 699, Sec. 1. ) ## ARTICLE 2. Earthquake Evaluations [8897.1 - 8897.5] ( Article 2 added by Stats. 1991, Ch. 699, Sec. 1. )

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    A transferor must disclose certain earthquake-related deficiencies and any material knowledge about corrective measures or improvements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13.8. Residential Strengthening—Seismic Safety [8897 - 8897.5] ( Chapter 13.8 added by Stats. 1991, Ch. 699, Sec. 1. ) ## ARTICLE 2. Earthquake Evaluations [8897.1 - 8897.5] ( Article 2 added by Stats. 1991, Ch. 699, Sec. 1. ) ## 8897.2. (a) The transferor shall disclose any of the following deficiencies which are within the transferor’s actual knowledge and material to the transaction, and which may increase a dwelling’s vulnerability to earthquake damage: (1) The absence of anchor bolts securing the sill plate to the foundation. (2) The existence of perimeter cripple walls that are not braced with plywood, blocking, or diagonal metal or wood braces. (3) The existence of a first-story wall or walls that are not braced with plywood or diagonal metal or wood braces. (4) The existence of a perimeter foundation composed of unreinforced masonry. (5) The existence of unreinforced masonry dwelling walls. (6) The existence of a habitable room or rooms above a garage. (7) The existence of a water heater which is not anchored, strapped, or braced. (b) The transferor shall be required to disclose any material information within the transferor’s actual knowledge regarding any corrective measures or improvements taken to address the items listed in subdivision (a). (Amended by Stats. 1992, Ch. 307, Sec. 4. Effective January 1, 1993.)
  17. 8897.3.

    ## 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 13.8. Residential Strengthening—Seismic Safety [8897 - 8897.5] ( Chapter 13.8 added by Stats. 1991, Ch. 699, Sec. 1. ) ## ARTICLE 2. Earthquake Evaluations [8897.1 - 8897.5] ( Article 2 added by Stats. 1991, Ch. 699, Sec. 1. )

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    If retrofit work is appropriate, the chapter says which building-safety standards to use. Qualified historical buildings or structures may use alternatives under the State Historical Building Code and related 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 13.8. Residential Strengthening—Seismic Safety [8897 - 8897.5] ( Chapter 13.8 added by Stats. 1991, Ch. 699, Sec. 1. ) ## ARTICLE 2. Earthquake Evaluations [8897.1 - 8897.5] ( Article 2 added by Stats. 1991, Ch. 699, Sec. 1. ) ## 8897.3. (a) For the purposes of this chapter, if it is determined that retrofit work is appropriate to address potential deficiencies listed in paragraph (1) or (2) of subdivision (a) of Section 8897.2, the following standards shall be used: (1) The foundation anchor bolt requirements of subdivision (f) of Section 2907 of Chapter 29 of the 1991 Edition of the Uniform Building Code of the International Conference of Building Officials, or any local government modification which establishes equivalent or higher requirements. (2) The cripple wall bracing requirements of paragraph (4) of subdivision (g) of Section 2517 of Chapter 25 of the 1991 Edition of the Uniform Building Code of the International Conference of Building Officials, or any local government modification which establishes equivalent or higher requirements. (3) The water heater bracing, anchoring, or strapping requirements to resist falling or horizontal displacement due to earthquake motion of Section 19215 of the Health and Safety Code. (b) Any qualified historical building or structure, as defined pursuant to Section 18955 of the Health and Safety Code, shall be permitted to utilize alternatives to the requirements of this section, as provided by the State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code) and the regulations issued pursuant thereto. (Amended by Stats. 1992, Ch. 307, Sec. 5. Effective January 1, 1993.)
  18. 8897.4.

    ## 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 13.8. Residential Strengthening—Seismic Safety [8897 - 8897.5] ( Chapter 13.8 added by Stats. 1991, Ch. 699, Sec. 1. ) ## ARTICLE 2. Earthquake Evaluations [8897.1 - 8897.5] ( Article 2 added by Stats. 1991, Ch. 699, Sec. 1. )

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    A transfer of title cannot be invalidated just because someone failed to comply 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 13.8. Residential Strengthening—Seismic Safety [8897 - 8897.5] ( Chapter 13.8 added by Stats. 1991, Ch. 699, Sec. 1. ) ## ARTICLE 2. Earthquake Evaluations [8897.1 - 8897.5] ( Article 2 added by Stats. 1991, Ch. 699, Sec. 1. ) ## 8897.4. No transfer of title shall be invalidated on the basis of a failure to comply with this chapter. (Added by Stats. 1991, Ch. 699, Sec. 1.)
  19. 8897.5.

    ## 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 13.8. Residential Strengthening—Seismic Safety [8897 - 8897.5] ( Chapter 13.8 added by Stats. 1991, Ch. 699, Sec. 1. ) ## ARTICLE 2. Earthquake Evaluations [8897.1 - 8897.5] ( Article 2 added by Stats. 1991, Ch. 699, Sec. 1. )

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    A real estate licensee’s duty is limited to giving the seller a copy of the Homeowner’s Guide to Earthquake Safety so it can be delivered to the prospective transferee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 13.8. Residential Strengthening—Seismic Safety [8897 - 8897.5] ( Chapter 13.8 added by Stats. 1991, Ch. 699, Sec. 1. ) ## ARTICLE 2. Earthquake Evaluations [8897.1 - 8897.5] ( Article 2 added by Stats. 1991, Ch. 699, Sec. 1. ) ## 8897.5. For the purposes of this chapter, the duty of the real estate licensee shall be limited to providing to the seller a copy of the Homeowner’s Guide to Earthquake Safety for delivery to the prospective transferee pursuant to Section 2079.8 of the Civil Code. (Amended by Stats. 1992, Ch. 307, Sec. 6. Effective January 1, 1993.)
  20. 8899.50.

    ## 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 15. Affirmatively Furthering Fair Housing [8899.50- 8899.50.] ( Chapter 15 added by Stats. 2018, Ch. 958, Sec. 1. )

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    Public agencies must run housing-related programs in a way that affirmatively furthers fair housing, and they may not act inconsistently with that duty.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 15. Affirmatively Furthering Fair Housing [8899.50- 8899.50.] ( Chapter 15 added by Stats. 2018, Ch. 958, Sec. 1. ) ## 8899.50. (a) For purposes of this section, the following terms have the following meanings: (1) “Affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all of a public agency’s activities and programs relating to housing and community development. (2) “Public agency” means all of the following: (A) The state, including every state office, officer, department, division, bureau, board, and commission, including the California State University. (B) A city, including a charter city, county, including a charter county, city and county, and a redevelopment successor agency. (C) A public housing authority created pursuant to the Housing Authorities Law (Chapter 1 (commencing with Section 34200) of Part 2 of Division 24 of the Health and Safety Code). (D) A public housing agency, as defined in the United States Housing Act of 1937 (codified at 42 U.S.C. Sec. 1437 et seq.), as amended. (E) Any other political subdivision of the state that is a grantee or subgrantee receiving funds provided by the United States Department of Housing and Urban Development under the Community Development Block Grant program, the Emergency Solutions Grants program, the HOME Investment Partnerships program, or the Housing Opportunities for Persons With AIDS program. (b) (1) A public agency shall administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and take no action that is materially inconsistent with its obligation to affirmatively further fair housing. (2) A public agency shall have a mandatory duty to comply with paragraph (1). This paragraph is a clarification of existing law and shall not be deemed a change in previous law enacted by Chapter 958 of the Statutes of 2018. (c) This section shall be interpreted consistent with the Affirmatively Furthering Fair Housing Final Rule and accompanying commentary published by the United States Department of Housing and Urban Development contained in Volume 80 of the Federal Register, Number 136, pages 42272 to 42371, inclusive, dated July 16, 2015. Subsequent amendment, suspension, or revocation of this Final Rule or its accompanying commentary by the federal government shall not impact the interpretation of this section. (d) In selecting meaningful actions to fulfill the obligation to affirmatively further fair housing, this section does not require a public agency to take, or prohibit a public agency from taking, any one particular action. (Amended by Stats. 2021, Ch. 357, Sec. 1. (AB 1304) Effective January 1, 2022.)
  21. 8899.70.

    ## 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 16. California Catastrophe Response Council [8899.70 - 8899.72] ( Chapter 16 added by Stats. 2019, Ch. 81, Sec. 1. )

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    This section creates the California Catastrophe Response Council, sets its nine-member makeup, gives some members four-year staggered terms, gives the Governor’s initial appointees two-year terms, and lets the California Earthquake Authority’s governing board act for the council until a majority is appointed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. California Catastrophe Response Council [8899.70 - 8899.72] ( Chapter 16 added by Stats. 2019, Ch. 81, Sec. 1. ) ## 8899.70. (a) There is hereby created in state government the California Catastrophe Response Council to oversee the California Earthquake Authority to the extent provided in Section 10089.6 of the Insurance Code and the Wildfire Fund Administrator. (b) The council shall consist of the following nine members. (1) The Governor or the Governor’s designee. (2) The Treasurer or the Treasurer’s designee. (3) The Insurance Commissioner or the Insurance Commissioner’s designee. (4) The Secretary of the Natural Resources Agency or the secretary’s designee. (5) Three members of the public appointed by the Governor. (6) A member appointed by the Senate Committee on Rules. (7) A member appointed by the Speaker of the Assembly. (c) The members appointed by the Senate Committee on Rules, the Speaker of the Assembly, and the three members appointed by the Governor shall have four-year staggered terms. The Governor’s initial appointees shall serve two-year terms. (d) Until a majority of the council is appointed, the governing board of the California Earthquake Authority shall assume the authorities and duties of the council. (Amended by Stats. 2019, Ch. 396, Sec. 1. (AB 1513) Effective January 1, 2020.)
  22. 8899.71.

    ## 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 16. California Catastrophe Response Council [8899.70 - 8899.72] ( Chapter 16 added by Stats. 2019, Ch. 81, Sec. 1. )

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    The council may conduct its business only when it has a quorum of five 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 16. California Catastrophe Response Council [8899.70 - 8899.72] ( Chapter 16 added by Stats. 2019, Ch. 81, Sec. 1. ) ## 8899.71. For purposes of conducting the business of the council, a quorum shall be five members. (Added by Stats. 2019, Ch. 81, Sec. 1. (AB 111) Effective July 12, 2019.)
  23. 8899.72.

    ## 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 16. California Catastrophe Response Council [8899.70 - 8899.72] ( Chapter 16 added by Stats. 2019, Ch. 81, Sec. 1. )

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    The council must appoint the Wildfire Fund Administrator and oversee the administrator’s work. Until that appointment happens, the California Earthquake Authority exercises the administrator’s powers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 16. California Catastrophe Response Council [8899.70 - 8899.72] ( Chapter 16 added by Stats. 2019, Ch. 81, Sec. 1. ) ## 8899.72. The council shall appoint the Wildfire Fund Administrator and oversee the administrator’s operation, management, and administration of the Wildfire Fund created pursuant to Section 3284 of the Public Utilities Code. The administrator shall have relevant experience in claims administration, the management of claims trusts, or other relevant experience. Until the administrator is appointed, the California Earthquake Authority shall exercise the powers of the administrator. (Amended by Stats. 2019, Ch. 396, Sec. 2. (AB 1513) Effective January 1, 2020.)
  24. 8899.90.

    ## 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 17. Geographic Feature and Place Name Prohibitions [8899.90 - 8899.95] ( Chapter 17 added by Stats. 2022, Ch. 479, Sec. 2. )

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    This section says the chapter’s purpose includes banning the word “squaw” for geographic features and place names in California and setting up a committee process to review and revise offensive names.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Geographic Feature and Place Name Prohibitions [8899.90 - 8899.95] ( Chapter 17 added by Stats. 2022, Ch. 479, Sec. 2. ) ## 8899.90. The purpose of this chapter includes all of the following: (a) To prohibit the use of the word “squaw” for geographic features and place names within the State of California. (b) To establish a process for the California Advisory Committee on Geographic Names to review and revise offensive names in the State of California and, as necessary, submit formal requests to the United States Board on Geographic Names to render decisions on proposed name changes. (Added by Stats. 2022, Ch. 479, Sec. 2. (AB 2022) Effective January 1, 2023.)
  25. 8899.91.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Geographic Feature and Place Name Prohibitions [8899.90 - 8899.95] ( Chapter 17 added by Stats. 2022, Ch. 479, Sec. 2. )

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    This section defines key terms used in the chapter, including advisory committee, formal consultation, geographic feature, place, and public agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Geographic Feature and Place Name Prohibitions [8899.90 - 8899.95] ( Chapter 17 added by Stats. 2022, Ch. 479, Sec. 2. ) ## 8899.91. For the purposes of this chapter, the following definitions apply: (a) “Advisory Committee” or “committee” means the California Advisory Committee on Geographic Names, or appointees thereof, as established within the Natural Resources Agency. (b) “Formal consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement. Consultation between government agencies and Native American tribes shall be conducted in a way that is mutually respectful of each party’s sovereignty. Consultation shall also recognize the tribes’ potential needs for confidentiality with respect to places that have traditional tribal cultural significance. (c) “Geographic feature” means any location or publicly owned structure in this state, including, but not limited to, navigable waters of the state, geographic features, parks, state or local roads, bridges, and publicly owned buildings. (d) “Place” means any natural geographic feature or street, alley, or other road within the jurisdiction of the state or political subdivision of the state. (e) “Public agency” means a state agency, local governing body, and any other political subdivision of the state. (Added by Stats. 2022, Ch. 479, Sec. 2. (AB 2022) Effective January 1, 2023.)
  26. 8899.92.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Geographic Feature and Place Name Prohibitions [8899.90 - 8899.95] ( Chapter 17 added by Stats. 2022, Ch. 479, Sec. 2. )

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    The Natural Resources Agency must direct the California Advisory Committee on Geographic Names to revise its charter to add the duties, powers, and responsibilities listed in Section 8899.94.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Geographic Feature and Place Name Prohibitions [8899.90 - 8899.95] ( Chapter 17 added by Stats. 2022, Ch. 479, Sec. 2. ) ## 8899.92. The Natural Resources Agency shall direct the California Advisory Committee on Geographic Names to revise its existing charter and amend it to include the execution of the duties, powers, and responsibilities listed under Section 8899.94. (Added by Stats. 2022, Ch. 479, Sec. 2. (AB 2022) Effective January 1, 2023.)
  27. 8899.93.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Geographic Feature and Place Name Prohibitions [8899.90 - 8899.95] ( Chapter 17 added by Stats. 2022, Ch. 479, Sec. 2. )

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    A public agency must stop replacing signs and similar materials with the discontinued name containing “squaw,” and must use the new name when updating maps or replacing affected markers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Geographic Feature and Place Name Prohibitions [8899.90 - 8899.95] ( Chapter 17 added by Stats. 2022, Ch. 479, Sec. 2. ) ## 8899.93. (a) A public agency shall no longer replace any sign, interpretive marker, or any other marker or printed material with the discontinued name containing the word “squaw.” A public agency shall ensure that whenever it updates a map, or replaces a sign, interpretive marker, or any other marker because of wear or vandalism, the new name adopted pursuant to Section 8899.94 is used. (b) Beginning on January 1, 2025, the word “squaw” shall be removed from all geographic features and place names in the State of California. (Added by Stats. 2022, Ch. 479, Sec. 2. (AB 2022) Effective January 1, 2023.)
  28. 8899.94.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Geographic Feature and Place Name Prohibitions [8899.90 - 8899.95] ( Chapter 17 added by Stats. 2022, Ch. 479, Sec. 2. )

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    The committee and public agencies must follow a process for identifying, reporting, reviewing, and replacing geographic features and place names containing the word “squaw.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17. Geographic Feature and Place Name Prohibitions [8899.90 - 8899.95] ( Chapter 17 added by Stats. 2022, Ch. 479, Sec. 2. ) ## 8899.94. (a) The committee shall complete each of the following no later than July 1, 2023: (1) The committee shall develop a procedure for receiving reports from a public agency that is reporting any geographic feature or place name containing the word “squaw” in its jurisdiction. (2) The committee shall create a process to receive and review individual petitions to change offensive or derogatory geographic features and place names, including, but not limited to, geographic features and place names containing the word “squaw.” (b) A public agency shall complete each of the following no later than July 1, 2023: (1) Identify all geographic features and place names within its jurisdiction containing the word “squaw.” (2) File a report identifying those names with the committee. (c) By January 1, 2024, the committee shall verify the reports it receives pursuant to subdivision (b) and notify the respective public agency of all of the following: (1) Any remaining geographic feature or place name that includes the term “squaw” in the jurisdiction of the public agency. (2) The obligations of the public agency to recommend a replacement name for the geographic features and place names in that jurisdiction. (3) The deadline established in this section. (d) The committee shall establish a procedure in formal consultation with California Native American tribes on the list maintained by the Native American Heritage Commission for receiving name recommendations. This procedure shall be used statewide and the draft shall be subject to public comment. Once the process has been established, it shall be listed online in a forum accessible to the general public. (e) (1) After the date of notification by the committee, pursuant to subdivision (c), the public agency shall propose a replacement name to the committee within 180 days. (2) (A) The public agency shall solicit proposals to rename geographic features and place names from the California Native American tribes, any other public agencies as appropriate, and the public. (B) The public agency shall engage in formal consultation with California Native American tribes to solicit their proposals. (3) In selecting replacement names, the public agency shall prioritize names that honor and recognize the tribes, cultures, and indigenous languages specific to the geographic region in question, including place names that were previously used by Native American tribes or place names proposed by California Native American tribes through the appropriate enactment or resolution. (f) (1) The committee shall vote on the proposed replacement name for a geographic feature or place name within 90 days of receiving the proposed replacement name. (2) The committee may reject a proposed replacement name if the committee determines that it is offensive or insulting. (g) (1) If the public agency fails to provide a replacement name within the specified time, or the provided name is deemed to be offensive or insulting by the committee, the committee shall solicit proposals and input to rename the geographic feature or place name from all of the following: (A) California Native American tribes on the list maintained by the Native American Heritage Commission through formal consultation. (B) Appropriate public agencies. (C) Members of the public. (2) (A) The committee shall vote on a new replacement name within 180 days of rejecting a proposed replacement name pursuant to paragraph (2) of subdivision (e) or, if the public agency failed to provide a replacement name, within 180 days of the deadline to receive a proposed replacement name. (B) In selecting a new replacement name, the committee shall consider the input received pursuant to paragraph (1) of this subdivision and prioritize names that honor and recognize the tribes, cultures, and indigenous languages specific to the geographic region in question, including place names that were previously used by Native American tribes or place names proposed by California Native American tribes through the appropriate enactment or resolution. (h) The committee shall do all of the following no later than 90 days after it approves a new name: (1) Notify each public agency that has reported an offensive or derogatory place name of the alternative name selected by the committee. (2) Notify state departments, including, but not limited to, the Department of Transportation, the Department of Forestry and Fire Protection, and any other state department that compiles information or develops maps or markers, for the State of California of the name change to ensure that any name change be reflected on subsequent editions of any maps, informational literature, or markers produced by those entities. (3) Submit, as necessary, a formal request with the United States Board on Geographic Names to render a decision on each proposed name change so that each new name will be reflected on all maps of the United States Board on Geographic Names. (4) Coordinate with all federal, state, and local agencies to reflect the approved name changes in maps, signs, interpretive markers, other markers, and databases in which the names of these geographic features are recorded. (Added by Stats. 2022, Ch. 479, Sec. 2. (AB 2022) Effective January 1, 2023.)
  29. 8899.95.

    ## 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 17. Geographic Feature and Place Name Prohibitions [8899.90 - 8899.95] ( Chapter 17 added by Stats. 2022, Ch. 479, Sec. 2. )

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    Beginning January 1, 2025, the committee must report annually to the Legislature on implementation of 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 17. Geographic Feature and Place Name Prohibitions [8899.90 - 8899.95] ( Chapter 17 added by Stats. 2022, Ch. 479, Sec. 2. ) ## 8899.95. (a) Beginning on January 1, 2025, the committee shall annually report to the Legislature regarding implementation of this chapter. The report shall identify, at a minimum, all of the following: (1) Each geographic feature and place name in the State of California containing the word “squaw” and the relevant public agency with jurisdiction over that geographic feature or place name. (2) The replacement name proposed for that geographic feature or place name and the process to select that replacement name. (3) The number and location of any markers, signs, or maps that shall be or have been changed to reflect the name change. (4) The date that requests to change names were filed with the United States Board of Geographic Names and whether those changes have been made. (5) All work completed to date for the purposes of this chapter. (6) Any other relevant information that the committee finds appropriate. (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795. (Added by Stats. 2022, Ch. 479, Sec. 2. (AB 2022) Effective January 1, 2023.)
  30. 89000.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9. Incumbency [89000 - 89003] ( Chapter 9 added June 4, 1974, by initiative Proposition 9. )

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    Candidate names on the ballot must be ordered without considering whether a candidate is an incumbent.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9. Incumbency [89000 - 89003] ( Chapter 9 added June 4, 1974, by initiative Proposition 9. ) ## 89000. Any provision of law to the contrary notwithstanding, the order of names of candidates on the ballot in every election shall be determined without regard to whether the candidate is an incumbent. (Added June 4, 1974, by initiative Proposition 9.)
  31. 89001.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9. Incumbency [89000 - 89003] ( Chapter 9 added June 4, 1974, by initiative Proposition 9. )

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    No newsletter or other mass mailing may be sent at public expense.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9. Incumbency [89000 - 89003] ( Chapter 9 added June 4, 1974, by initiative Proposition 9. ) ## 89001. No newsletter or other mass mailing shall be sent at public expense. (Amended June 7, 1988, by initiative Proposition 73, Sec. 3. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  32. 89002.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9. Incumbency [89000 - 89003] ( Chapter 9 added June 4, 1974, by initiative Proposition 9. )

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    This section prohibits certain mass mailings that use public money and feature an elected officer, unless an exception applies.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9. Incumbency [89000 - 89003] ( Chapter 9 added June 4, 1974, by initiative Proposition 9. ) ## 89002. (a) Except as provided in subdivision (b), a mailing is prohibited by Section 89001 if all of the following criteria are met: (1) An item sent is delivered, by any means, to the recipient at the recipient’s residence, place of employment or business, or post office box. The item delivered to the recipient must be a tangible item, such as a videotape, record, or button, or a written document. (2) The item sent either: (A) Features an elected officer affiliated with the agency that produces or sends the mailing. (B) Includes the name, office, photograph, or other reference to an elected officer affiliated with the agency that produces or sends the mailing, and is prepared or sent in cooperation, consultation, coordination, or concert with the elected officer. (3) Any of the costs of distribution are paid for with public money or the costs of design, production, and printing exceeding fifty dollars ($50) are paid with public moneys, and the design, production, or printing is done with the intent of sending the item other than as permitted by this section. (4) More than 200 substantially similar items are sent in a single calendar month, excluding any item sent in response to an unsolicited request and any item described in subdivision (b). (b) Notwithstanding subdivision (a), a mass mailing of the following items is not prohibited by Section 89001: (1) An item in which the elected officer’s name appears only in the letterhead or logotype of the stationery, forms, including “For Your Information” or “Compliments of” cards or stamps, and envelopes of the agency sending the mailing, or of a committee of the agency, or of the elected officer, or in a roster listing containing the names of all elected officers of the agency. For purposes of this section, the return address portion of a self-mailer is considered the envelope. In any such item, the names of all elected officers must appear in the same type size, typeface, type color, and location. The item shall not include the elected officer’s photograph, signature, or any other reference to the elected officer, except as specifically permitted by this section. The item may, however, include the elected officer’s office or district number and the elected officer’s name or district number in the elected officer’s internet website address or electronic mail address. (2) A press release sent to members of the media. (3) An item sent in the normal course of business from one governmental entity or officer to another governmental entity or officer, including all local, state, and federal officers or entities. (4) An intra-agency communication sent in the normal course of business to employees, officers, deputies, and other staff. (5) An item sent in connection with the payment or collection of funds by the agency sending the mailing, including tax bills, checks, and similar documents, in any instance in which use of the elected officer’s name, office, title, or signature is necessary to the payment or collection of the funds. The item shall not include the elected officer’s photograph, signature, or any other reference to the elected officer, except as specifically permitted by this section. (6) Any item sent by an agency responsible for administering a government program, to persons subject to that program, in any instance in which the mailing of the item is essential to the functioning of the program, the item does not include the elected officer’s photograph, and use of the elected officer’s name, office, title, or signature is necessary to the functioning of the program. (7) Any legal notice or other item sent as required by law, court order, or order adopted by an administrative agency pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), and in which use of the elected officer’s name, office, title, or signature is necessary in the notice or other mailing. For purposes of this paragraph, inclusion of an elected officer’s name on a ballot as a candidate for elective office, and inclusion of an elected officer’s name and signature on a ballot argument, shall be considered necessary to that notice or other item. (8) A telephone directory, organization chart, or similar listing or roster which includes the names of elected officers as well as other individuals in the agency sending the mailing, in which the name of each elected officer and individual listed appears in the same type size, typeface, and type color. The item shall not include an elected officer’s photograph, name, signature, or any other reference to an elected officer, except as specifically permitted by this section. (9) (A) An announcement of any meeting or event of either of the following: (i) An announcement sent to an elected officer’s constituents concerning a public meeting that is directly related to the elected officer’s incumbent governmental duties, is to be held by the elected officer, and that the elected officer intends to attend. (ii) An announcement of any official agency event or events for which the agency is providing the use of its facilities or staff or other financial support. (B) Any announcement provided for in this paragraph shall not include the elected officer’s photograph or signature and may include only a single mention of the elected officer’s name except as permitted elsewhere in this section. (10) An agenda or other writing that is required to be made available pursuant to Sections 11125.1 and 54957.5, or a bill, file, history, journal, committee analysis, floor analysis, agenda of an interim or special hearing of a committee of the Legislature, or index of legislation, published by the Legislature. (11) A business card that does not contain the elected officer’s photograph or more than one mention of the elected officer’s name. (c) For purposes of this section, the following definitions apply: (1) “Elected officer affiliated with the agency” means an elected officer who is a member, officer, or employee of the agency, or of a subunit thereof such as a committee, or who has supervisory control over the agency or appoints one or more members of the agency. (2) “Features an elected officer” means that the item mailed includes the elected officer’s photograph or signature or singles out the elected officer by the manner of display of the elected officer’s name or office in the layout of the document, such as by headlines, captions, type size, typeface, or type color. (3) “Substantially similar” is defined as follows: (A) Two items are “substantially similar” if any of the following applies: (i) The items are identical, except for changes necessary to identify the recipient and the recipient’s address. (ii) The items are intended to honor, commend, congratulate, or recognize an individual or group, or individuals or groups, for the same event or occasion, are intended to celebrate or recognize the same holiday, or are intended to congratulate an individual or group, or individuals or groups, on the same type of event, such as birthdays or anniversaries. (iii) Both of the following apply to the items mailed: (I) Most of the bills, legislation, governmental action, activities, events, or issues of public concern mentioned in one item are mentioned in the other. (II) Most of the information contained in one item is contained in the other. (B) Enclosure of the same informational materials in two items mailed, such as copies of the same bill, public document, or report, shall not, by itself, mean that the two items are “substantially similar.” The informational materials shall not include the elected officer’s name, photograph, signature, or any other reference to the elected officer except as permitted elsewhere in this section. (C) An item is only considered substantially similar to other items sent by the same official, not to items sent by other officials in the same agency. (4) “Unsolicited request” is defined as follows: (A) A written or oral communication, including a petition, that specifically requests a response and is not requested or induced by the recipient elected officer or by any third person acting at the recipient elected officer’s behest. However, an unsolicited oral or written communication, including a petition, that does not contain a specific request for a response shall be deemed to constitute an unsolicited request for a single written response. (B) An unsolicited request for continuing information on a subject shall be deemed an unsolicited request for multiple responses directly related to that subject for a period of time not to exceed 24 months. An unsolicited request to receive a regularly published agency newsletter shall be deemed an unsolicited request for each issue of that newsletter. (C) A previously unsolicited request to receive an agency newsletter or mass mailing on an ongoing basis shall not be deemed to have become solicited by the sole fact that the requestor responds to an agency notice indicating that, in the absence of a response, the requestor’s name will be purged from the mailing list for that newsletter or mass mailing. A notice in the following language shall be deemed to meet this standard: “The law does not permit this office to use public funds to keep you updated on items of interest unless you specifically request that it do so.” Inclusion of a similar notice in other items does not constitute a solicitation under this section. (D) A communication sent in response to an elected officer’s participation at a public forum or press conference, or to an elected officer’s issuance of a press release, shall be deemed an unsolicited request. (E) A person who subscribes to newspapers or other periodicals published by persons other than elected officers shall be deemed to have made unsolicited requests for materials published in those subscription publications. (Amended by Stats. 2021, Ch. 50, Sec. 222. (AB 378) Effective January 1, 2022.)
  33. 89003.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9. Incumbency [89000 - 89003] ( Chapter 9 added June 4, 1974, by initiative Proposition 9. )

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    A covered mass mailing must not be sent in the 60 days before an election, unless a listed exception applies.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9. Incumbency [89000 - 89003] ( Chapter 9 added June 4, 1974, by initiative Proposition 9. ) ## 89003. Notwithstanding subdivision (b) of Section 89002, a mass mailing, as defined in Section 82041.5, that meets the criteria of subdivision (a) of Section 89002 shall not be sent within the 60 days preceding an election by or on behalf of a candidate whose name will appear on the ballot at that election, except as provided in paragraphs (2) to (8), inclusive, and paragraph (10) of subdivision (b) of Section 89002. (Added by Stats. 2017, Ch. 827, Sec. 2. (SB 45) Effective January 1, 2018.)
  34. 8902.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 1. Legislative Compensation [8902 - 8903] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

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    A legislator is entitled to reimbursement for living expenses when required to be in Sacramento for a session or when traveling to, attending, or performing authorized committee or other legislative duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 1. Legislative Compensation [8902 - 8903] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8902. During those times that a Member of the Legislature is required to be in Sacramento to attend a session of the Legislature and during those times that a member is traveling to and from, or is in attendance at, any meeting of a committee of which he or she is a member or is attending to any other legislative function or responsibility as authorized or directed by the rules of the house of which he or she is a member or by the joint rules, he or she shall be entitled to reimbursement of his or her living expenses at a rate established by the Department of General Services that is not less than the rate provided to federal employees traveling to Sacramento. (Amended by Stats. 2016, Ch. 31, Sec. 64. (SB 836) Effective June 27, 2016.)
  35. 8903.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 1. Legislative Compensation [8902 - 8903] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

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    Members of the Legislature are entitled to travel reimbursement under specified conditions, with different rates depending on the travel method and common-carrier availability.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 1. Legislative Compensation [8902 - 8903] ( Article 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8903. When traveling to and from a session of the Legislature, or when traveling to and from a meeting of a committee of which he or she is a member, or when traveling pursuant to any other legislative function or responsibility as authorized or directed by the rules of the house of which he or she is a member or by the joint rules, when that travel is by a common carrier of passengers, a Member of the Legislature shall be entitled to reimbursement for the actual costs of travel by the common carrier. If the member travels by other means and common carrier service is available and feasible he or she shall be reimbursed in the amount of the fare of available common carrier service. If common carrier service is unavailable or not feasible, a member shall be reimbursed at a rate not to exceed the rate established by the Department of Human Resources for the reimbursement of officers and employees of the state pursuant to Section 19820. No mileage shall be allowed or paid for travel in a conveyance owned or provided by and at the expense of a public agency. As used in this section, “common carrier” means carrier by aircraft, railroad, bus, or vessel. (Amended by Stats. 2012, Ch. 665, Sec. 45. (SB 1308) Effective January 1, 2013.)
  36. 8920.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

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    Certain California legislators, officers, and judges may not have conflicts of interest, misuse confidential information, take paid advocacy jobs before state boards or agencies, accept improper gifts or compensation, or vote on legislation in which they have a personal interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8920. (a) A Member of the Legislature, state elective or appointive officer, or judge or justice shall not, while serving as such, have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity, or incur any obligation of any nature, that is in substantial conflict with the proper discharge of his or her duties in the public interest and of his responsibilities as prescribed in the laws of this state. (b) A Member of the Legislature shall not do any of the following: (1) Accept other employment that he or she has reason to believe will either impair his or her independence of judgment as to his or her official duties or require him or her, or induce him or her, to disclose confidential information acquired by him or her in the course of and by reason of his or her official duties. (2) Willfully and knowingly disclose, for pecuniary gain, to any other person, confidential information acquired by him or her in the course of and by reason of his or her official duties or use any such information for the purpose of pecuniary gain. (3) Accept or agree to accept, or be in partnership with any person who accepts or agrees to accept, any employment, fee, or other thing of monetary value, or portion thereof, in consideration of his or her appearing, agreeing to appear, or taking any other action on behalf of another person before any state board or agency. This subdivision shall not be construed to prohibit a member who is an attorney at law from practicing in that capacity before any court or before the Workers’ Compensation Appeals Board and receiving compensation therefor. This subdivision does not prohibit a member from acting as an advocate without compensation or making inquiry for information on behalf of a constituent before a state board or agency, or from engaging in activities on behalf of another which require purely ministerial acts by the board or agency and which in no way require the board or agency to exercise any discretion, or from engaging in activities involving a board or agency which are strictly on his or her own behalf. The prohibition contained in this subdivision does not apply to a partnership or firm of which the Member of the Legislature is a member if the Member of the Legislature does not share directly or indirectly in the fee, less any expenses attributable to that fee, resulting from the transaction. The prohibition contained in this subdivision as it read immediately prior to January 1, 1983, does not apply in connection with any matter pending before any state board or agency on or before January 2, 1967, if the affected Member of the Legislature was an attorney of record or representative in the matter prior to January 2, 1967. The prohibition contained in this subdivision, as amended and operative on January 1, 1983, does not apply to any activity of any Member in connection with a matter pending before any state board or agency on January 1, 1983, which was not prohibited by this section prior to that date, if the affected Member of the Legislature was an attorney of record or representative in the matter prior to January 1, 1983. (4) Receive or agree to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance or other matter related to the legislative process, except fees for speeches or published works on legislative subjects and except, in connection therewith, reimbursement of expenses for actual expenditures for travel and reasonable subsistence for which payment or reimbursement is not made by the State of California. (5) Participate, by voting or any other action, on the floor of either house, in committee, or elsewhere, in the passage or defeat of legislation in which he or she has a personal interest, except as follows: (A) If, on the vote for final passage by the house of which he or she is a member, of the legislation in which he or she has a personal interest, he or she first files a statement, which shall be entered verbatim on the journal, stating in substance that he or she has a personal interest in the legislation to be voted on and, notwithstanding that interest, he or she is able to cast a fair and objective vote on that legislation, he or she may cast his or her vote without violating any provision of this article. (B) If the member believes that, because of his or her personal interest, he or she should abstain from participating in the vote on the legislation, he or she shall so advise the presiding officer before the commencement of the vote and shall be excused from voting on the legislation without any entry on the journal of the fact of his or her personal interest. If a rule of the house requiring that each member who is present vote aye or nay is invoked, the presiding officer shall order the member excused from compliance and shall order entered on the journal a simple statement that the member was excused from voting on the legislation pursuant to law. (C) This section does not apply to persons who are members of the state civil service as described in Article VII of the California Constitution. (Amended by Stats. 2017, Ch. 561, Sec. 73. (AB 1516) Effective January 1, 2018.)
  37. 8921.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

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    This section defines when a person subject to the article has, or does not have, a conflict-of-interest situation tied to official activity and direct monetary gain or loss.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8921. A person subject to this article has an interest that is in substantial conflict with the proper discharge of his or her duties in the public interest and of his or her responsibilities as prescribed in the laws of this state or a personal interest, arising from any situation, within the scope of this article, if he or she has reason to believe or expect that he or she will derive a direct monetary gain or suffer a direct monetary loss, as the case may be, by reason of his or her official activity. He or she does not have an interest that is in substantial conflict with the proper discharge of his or her duties in the public interest and of his or her responsibilities as prescribed in the laws of this state or a personal interest, arising from any situation, within the scope of this article, if any benefit or detriment accrues to him or her as a member of a business, profession, occupation, or group to no greater extent than any other member of that business, profession, occupation, or group. (Amended by Stats. 2017, Ch. 561, Sec. 74. (AB 1516) Effective January 1, 2018.)
  38. 8922.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

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    A person subject to this article is not treated as having a conflict solely because of a remote-interest relationship or a campaign contribution, if the contribution is not tied to an agreement to influence the person’s vote or other action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8922. A person subject to this article is not engaged in any activity that is in substantial conflict with the proper discharge of his or her duties in the public interest and of his or her responsibilities as prescribed in the laws of this state, or does not have a personal interest, arising from any situation, within the scope of this article, solely by reason of either of the following: (a) His or her relationship to any potential beneficiary of any situation is one that is defined as a remote interest by Section 1091 or is otherwise not deemed to be a prohibited interest by Section 1091.1 or 1091.5. (b) Receipt of a campaign contribution regulated, received, reported, and accounted for pursuant to Title 9 (commencing with Section 81000), so long as the contribution is not made on the understanding or agreement, in violation of law, that the person’s vote, opinion, judgment, or action will be influenced by the contribution. (Amended by Stats. 2017, Ch. 561, Sec. 75. (AB 1516) Effective January 1, 2018.)
  39. 8923.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    A legislator acting officially must not enter into or ask others to enter a nondisclosure agreement about drafting, negotiating, or discussing proposed legislation, except for agreements limited to trade secrets, financial information, or proprietary information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8923. (a) Except as provided in paragraph (1) of subdivision (c), a Member of the Legislature acting in their official capacity shall not enter into, or request that another individual enter into, a nondisclosure agreement relating to the drafting, negotiation, or discussion of proposed legislation. (b) Except as provided in paragraph (2) of subdivision (c), any nondisclosure agreement relating to the drafting, negotiation, or discussion of proposed legislation entered into or requested by a Member of the Legislature after the effective date of this section shall be void and unenforceable. (c) (1) This section does not prohibit a Member of the Legislature from entering into or requesting a nondisclosure agreement that prevents only the disclosure of trade secrets, financial information, or proprietary information. (2) This section does not make void and unenforceable a nondisclosure agreement, or portion of a nondisclosure agreement, that prevents only the disclosure of trade secrets, financial information, or proprietary information. (3) Notwithstanding Section 8924, this section applies only to a Member of the Legislature acting in their official capacity. (d) For purposes of this section, the following terms have the following meanings: (1) “Discussion” means direct or indirect communications engaged in by individuals for the purpose of reaching a decision regarding proposed legislation. (2) “Drafting” means developing language for proposed legislation to be considered by the Legislature. (3) “Negotiation” means any form of direct or indirect communication whereby individuals who have opposing interests discuss the form of any proposed legislation that may resolve a dispute involving those interests. (Added by Stats. 2025, Ch. 191, Sec. 2. (AB 1370) Effective January 1, 2026.)
  40. 8924.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    Legislative employees must not do anything this article prohibits while employed, and they may still serve in elective or appointive office in a regional or local public agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8924. (a) An employee of either house of the Legislature shall not, during the time he or she is so employed, commit any act or engage in any activity prohibited by this article. The provisions of this article and Article 3 (commencing with Section 8940) that are applicable to a Member of the Legislature are also applicable to any employee of either house of the Legislature. (b) This part shall not be construed to prohibit an employee of either house of the Legislature from serving in an elective or appointive office of a regional or local public agency. (Amended by Stats. 2017, Ch. 561, Sec. 76. (AB 1516) Effective January 1, 2018.)
  41. 8924.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    This section says certain California Science and Technology Policy Fellow services are not treated as gifts, conflicts, or legislative employment when they are properly authorized.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8924.5. (a) The Legislature finds and declares that the California Council on Science and Technology was organized as a nonprofit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code in response to Assembly Concurrent Resolution No. 162 (Resolution Chapter 148 of the Statutes of 1988). The council was uniquely established at the request of the Legislature for the specific purpose of offering expert advice to state government on public policy issues significantly related to science and technology. The establishment of the California Science and Technology Policy Fellowships as a professional development program is consistent with the Legislature’s intent in requesting the creation of the council and is expressly designed to fulfill the council’s mission of assisting state policymakers as they face increasingly complex decisions related to science and technology challenges confronting the state in the 21st century. (b) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules are not compensation, a reward, or a gift to a Member of the Legislature for purposes of paragraph (4) of subdivision (b) of Section 8920 and are not an interest, business, transaction, professional activity, or obligation of a Member of the Legislature that is in substantial conflict with the proper discharge of their duties in the public interest or of their responsibilities for purposes of subdivision (a) of Section 8920. (c) (1) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department are not an interest, business, transaction, professional activity, or obligation of a state elective or appointive officer that is in substantial conflict with the proper discharge of their duties in the public interest or of their responsibilities for purposes of subdivision (a) of Section 8920. (2) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by an executed memorandum of understanding between the council and a judicial branch agency or department are not an interest, business, transaction, professional activity, or obligation of a judge or justice that is in substantial conflict with the proper discharge of their duties in the public interest or of their responsibilities for purposes of subdivision (a) of Section 8920. (d) A California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules is not an employee of either house of the Legislature for purposes of this article. (e) For purposes of this section, a California Science and Technology Policy Fellow is “duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules” only if both of the following requirements are satisfied: (1) The California Science and Technology Policy Fellow has been selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules. (2) The California Council on Science and Technology has executed an agreement with the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules whereby the California Science and Technology Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules. (Amended by Stats. 2023, Ch. 112, Sec. 1. (SB 698) Effective January 1, 2024.)
  42. 8924.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    Policy fellow services provided by certain associations are treated as not being compensation, a reward, or a gift, and the policy fellow is not treated as an employee of either house of the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8924.8. (a) The services of a policy fellow provided by an association are not compensation, a reward, or a gift to a Member of the Legislature for purposes of paragraph (4) of subdivision (b) of Section 8920 and are not an interest, business, transaction, professional activity, or obligation of a Member of the Legislature that is in substantial conflict with the proper discharge of their duties in the public interest or of their responsibilities for purposes of subdivision (a) of Section 8920. (b) (1) The services of a policy fellow provided by an association are not an interest, business, transaction, professional activity, or obligation of a state elective or appointive officer that is in substantial conflict with the proper discharge of their duties in the public interest or of their responsibilities for purposes of subdivision (a) of Section 8920. (2) The services of a policy fellow provided by an association are not an interest, business, transaction, professional activity, or obligation of a judge or justice that is in substantial conflict with the proper discharge of their duties in the public interest or of their responsibilities for purposes of subdivision (a) of Section 8920. (c) A policy fellow provided by an association is not an employee of either house of the Legislature for purposes of this article. (d) For purposes of this section, “association” means any of the following organizations that are exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code: (1) The Asian Pacific Islander Capitol Association. (2) The California Legislative Black Staff Association. (3) The Capitol LGBTQ Association. (4) The California Latino Capitol Association Foundation. (e) This section does not constitute a change in, but is declaratory of, existing law. (Added by Stats. 2024, Ch. 238, Sec. 1. (AB 2573) Effective January 1, 2025.)
  43. 8925.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    A person may not induce or try to induce a Member of the Legislature to violate this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8925. No person shall induce or seek to induce any Member of the Legislature to violate any provision of this article. (Amended by Stats. 1982, Ch. 740, Sec. 4.2.)
  44. 8926.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    A person who knowingly and willfully violates any provision of this article commits a misdemeanor, and a person who conspires to violate any provision of this article commits a felony.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Code of Ethics [8920 - 8926] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8926. Every person who knowingly and willfully violates any provision of this article is guilty of a misdemeanor. Every person who conspires to violate any provision of this article is guilty of a felony. (Amended by Stats. 1982, Ch. 740, Sec. 4.4.)
  45. 8940.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    Creates the Joint Legislative Ethics Committee and sets its membership and internal selection rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8940. The Joint Legislative Ethics Committee is hereby created. The committee shall consist of three Members of the Senate and three Members of the Assembly who shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. Of the three members appointed from each house, at least one from each house shall be a member of the political party having the largest number of members in that house and at least one from each house shall be a member of the political party having the second largest number of members in that house. The committee shall elect its own chairman. Vacancies occurring in the membership of the committee shall be filled in the manner provided for in the Joint Rules of the Senate and Assembly. A vacancy shall be deemed to exist as to any member of the committee whose term is expiring whenever such member is not reelected at the general election. (Added by Stats. 1966, 1st Ex. Sess., Ch. 163.)
  46. 8941.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    The committee may make rules for its own proceedings and must define the scope of an investigation before issuing a subpoena.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8941. The committee is authorized to make rules governing its own proceedings. The provisions of Rule 36 of the Joint Rules of the Senate and Assembly relating to investigating committees shall apply to the committee. Prior to the issuance of any subpoena by the committee with respect to any matter before the committee, it shall by a resolution adopted by a vote of two members of the committee from each house of the Legislature define the nature and scope of its investigation in the matter before it. (Added by Stats. 1966, 1st Ex. Sess., Ch. 163.)
  47. 8942.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    The committee’s support funds must come from the Assembly and Senate contingent funds, using the same method as for other joint legislative committees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8942. Funds for the support of the committee shall be provided from the Contingent Funds of the Assembly and the Senate in the same manner that such funds are made available to other joint committees of the Legislature. (Added by Stats. 1966, 1st Ex. Sess., Ch. 163.)
  48. 8943.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    The committee may investigate alleged violations by Members of the Legislature and make findings and recommendations, and it may start an investigation on its own if Section 8954 is satisfied.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8943. (a) The committee shall have power, pursuant to the provisions of this article, to investigate and make findings and recommendations concerning alleged violations by Members of the Legislature of the provisions of Article 2 (commencing with Section 8920). (b) The committee may, on its own action, initiate an investigation of a Member of the Legislature. The action may be taken only if the requirements of Section 8954 are satisfied. (Amended by Stats. 1982, Ch. 740, Sec. 5.)
  49. 8944.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    Any person may file a complaint with the committee, but it must meet specific content requirements and be filed within 12 months of the alleged violation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8944. (a) Any person may file a statement alleging a violation of Article 2 (commencing with Section 8920) with the committee. (b) To constitute a valid complaint, the statement shall satisfy all of the following requirements: (1) It shall be in writing. (2) It shall state the name of the Member of the Legislature alleged to have committed a violation. (3) It shall set forth allegations which, if true, would constitute a violation of Article 2 (commencing with Section 8920). These allegations shall be stated with sufficient clarity and detail to enable the committee to make a determination pursuant to Section 8945. (4) It shall be signed by the complainant under penalty of perjury. (5) It shall include a statement that the facts are true of the complainant’s own knowledge or that the complainant believes them to be true. (c) As used in this article, the term “complaint” means a valid complaint as specified in subdivision (b). (d) If a complaint is filed with the committee, the committee shall promptly send a copy of the complaint to the Member of the Legislature alleged to have committed the violation complained of, who shall thereafter be designated as the respondent, and the committee may send a copy of the complaint to the house in which the respondent serves, the Attorney General, the Fair Political Practices Commission, and the district attorney of the county in which the alleged violation occurred. (e) No complaint may be filed with the committee after the expiration of 12 months from the date upon which the alleged violation occurred. (Amended by Stats. 1982, Ch. 740, Sec. 6.)
  50. 8945.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    The committee must screen complaints, dismiss those that do not state a sufficient violation, investigate those that do, and set hearings or issue determinations within specified time limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8945. (a) If the committee determines that the complaint does not allege facts, directly or upon information and belief, sufficient to constitute a violation of any of the provisions of Article 2 (commencing with Section 8920), it shall dismiss the complaint and notify the complainant and respondent thereof. If the committee has sent a copy of the complaint to any other person or entity specified in subdivision (d) of Section 8944, the committee shall also notify that person or entity of its determination under this subdivision. (b) If the committee determines that the complaint does allege facts, directly or upon information and belief, sufficient to constitute a violation of any of the provisions of Article 2 (commencing with Section 8920), the committee shall promptly investigate the alleged violation and, if after the preliminary investigation, the committee finds that probable cause exists for believing the allegations of the complaint, it shall fix a time for a hearing in the matter, which shall be not more than 30 days after the finding. If, after the preliminary investigation, the committee finds that probable cause does not exist for believing the allegations of the complaint, the committee shall dismiss the complaint. In either event the committee shall notify the complainant and respondent of its determination. (c) If a result of an investigation initiated pursuant to subdivision (b) of Section 8943, determines that probable cause exists for believing that a Member of the Legislature has violated any of the provisions of Article 2 (commencing with Section 8920), the committee shall fix a time for a hearing in the matter, which shall be not more than 30 days after the determination. (d) The committee shall make its determination under subdivision (a) or (b) not later than 90 days after first receiving a complaint which contains all of the information required by Section 8944. The committee may, however, seek an extension, not to exceed 90 days, which may be granted by a majority vote of the membership of each house. If the committee has requested a law enforcement agency to investigate the complaint or if the committee knows that the complaint is being investigated by a law enforcement agency, the time limits set forth in this subdivision shall be tolled until the investigation is completed. (e) The committee’s determination under subdivision (b) or (c) shall be stated in writing, with reasons given therefor, and shall be provided to the house in which the respondent serves, the Attorney General, the Fair Political Practices Commission, and the district attorney of the county in which the alleged violation occurred. The written determination provided pursuant to this subdivision is a public record and open to public inspection. (f) Any deliberations of the committee from the time of receipt of a complaint until it decides to dismiss the complaint or to set a hearing shall not be open to the public unless the respondent requests a public meeting. (Amended by Stats. 1982, Ch. 740, Sec. 7.)
  51. 8946.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    After a complaint is filed, the respondent may examine and make copies of evidence held by the committee that relates to the complaint.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8946. After the complaint has been filed the respondent shall be entitled to examine and make copies of all evidence in the possession of the committee relating to the complaint. (Added by Stats. 1966, 1st Ex. Sess., Ch. 163.)
  52. 8947.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    If a hearing is held under Section 8945, the committee must issue subpoenas and subpoenas duces tecum before the hearing starts when a party asks. Chapter 4 rules apply to the committee and witnesses, except Section 9410.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8947. If a hearing is to be held pursuant to Section 8945 the committee, before the hearing has commenced, shall issue subpoenas and subpoenas duces tecum at the request of any party in accordance with Chapter 4 (commencing with Section 9400) of Part 1 of Division 2 of Title 2. All of the provisions of Chapter 4, except Section 9410, apply to the committee and the witnesses before it. (Amended by Stats. 1982, Ch. 466, Sec. 56.)
  53. 8948.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    At committee hearings, oral evidence may be taken only on oath or affirmation, and each party has rights to counsel, to examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8948. At any hearing held by the committee: (a) Oral evidence shall be taken only on oath or affirmation. (b) Each party shall have these rights: to be represented by legal counsel; to call and examine witnesses; to introduce exhibits; and to cross-examine opposing witnesses. (c) The hearing shall be open to the public. (Added by Stats. 1966, 1st Ex. Sess., Ch. 163.)
  54. 8949.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    A person named in a committee investigation or hearing who believes testimony harms them may testify, and the committee may let them file a sworn statement of facts about the complained-of testimony.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8949. Any official or other person whose name is mentioned at any investigation or hearing of the committee and who believes that testimony has been given which adversely affects him, shall have the right to testify or, at the discretion of the committee, to file a statement of facts under oath relating solely to the material relevant to the testimony of which he complains. (Added by Stats. 1966, 1st Ex. Sess., Ch. 163.)
  55. 895.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 21. Tort Liability Under Agreements Between Public Entities [895 - 895.8] ( Chapter 21 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    This section defines “agreement” for this chapter and excludes certain public-funds transfer agreements.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 21. Tort Liability Under Agreements Between Public Entities [895 - 895.8] ( Chapter 21 added by Stats. 1963, Ch. 1681. ) ## 895. As used in this chapter “agreement” means a joint powers agreement entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, an agreement to transfer the functions of a public entity or an employee thereof to another public entity pursuant to Part 2 (commencing with Section 51300) of Division 1 of Title 5 of the Government Code, and any other agreement under which a public entity undertakes to perform any function, service or act with or for any other public entity or employee thereof with its consent, whether such agreement is expressed by resolution, contract, ordinance or in any other manner provided by law; but “agreement” does not include an agreement between public entities which is designed to implement the disbursement or subvention of public funds from one of the public entities to the other, whether or not it provides standards or controls governing the expenditure of such funds. (Added by Stats. 1963, Ch. 1681.)
  56. 895.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 21. Tort Liability Under Agreements Between Public Entities [895 - 895.8] ( Chapter 21 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    Public entities that enter into an agreement are jointly and severally liable for certain liabilities caused by negligent or wrongful acts or omissions in performing the agreement.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 21. Tort Liability Under Agreements Between Public Entities [895 - 895.8] ( Chapter 21 added by Stats. 1963, Ch. 1681. ) ## 895.2. Whenever any public entities enter into an agreement, they are jointly and severally liable upon any liability which is imposed by any law other than this chapter upon any one of the entities or upon any entity created by the agreement for injury caused by a negligent or wrongful act or omission occurring in the performance of such agreement. Notwithstanding any other law, if a judgment is recovered against a public entity for injury caused in the performance of an agreement, the time within which a claim for such injury may be presented or an action commenced against any other public entity that is subject to the liability determined by the judgment under the provisions of this section begins to run when the judgment is rendered. (Added by Stats. 1963, Ch. 1681.)
  57. 895.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 21. Tort Liability Under Agreements Between Public Entities [895 - 895.8] ( Chapter 21 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    Public entities may include contribution or indemnification terms in an agreement.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 21. Tort Liability Under Agreements Between Public Entities [895 - 895.8] ( Chapter 21 added by Stats. 1963, Ch. 1681. ) ## 895.4. As part of any agreement, the public entities may provide for contribution or indemnification by any or all of the public entities that are parties to the agreement upon any liability arising out of the performance of the agreement. (Added by Stats. 1963, Ch. 1681.)
  58. 895.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 21. Tort Liability Under Agreements Between Public Entities [895 - 895.8] ( Chapter 21 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    A public entity may seek contribution from other public entities in the agreement if it pays more than its pro rata share of a judgment for damages from a negligent or wrongful act or omission in performing the agreement.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 21. Tort Liability Under Agreements Between Public Entities [895 - 895.8] ( Chapter 21 added by Stats. 1963, Ch. 1681. ) ## 895.6. Unless the public entities that are parties to an agreement otherwise provide in the agreement, if a public entity is held liable upon any judgment for damages caused by a negligent or wrongful act or omission occurring in the performance of the agreement and pays in excess of its pro rata share in satisfaction of such judgment, such public entity is entitled to contribution from each of the other public entities that are parties to the agreement. The pro rata share of each public entity is determined by dividing the total amount of the judgment by the number of public entities that are parties to the agreement. The right of contribution is limited to the amount paid in satisfaction of the judgment in excess of the pro rata share of the public entity so paying. No public entity may be compelled to make contribution beyond its own pro rata share of the entire judgment. (Added by Stats. 1963, Ch. 1681.)
  59. 895.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 21. Tort Liability Under Agreements Between Public Entities [895 - 895.8] ( Chapter 21 added by Stats. 1963, Ch. 1681. )

    Verify source ↗

    This section says the chapter applies to agreements between public entities, with one exception for Section 895.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 21. Tort Liability Under Agreements Between Public Entities [895 - 895.8] ( Chapter 21 added by Stats. 1963, Ch. 1681. ) ## 895.8. Except for Section 895.6, this chapter applies to any agreement between public entities, whether entered into before or after the effective date of this chapter. Section 895.6 applies to any agreement between public entities entered into, or renewed, modified, or extended, after the effective date of this chapter. (Added by Stats. 1963, Ch. 1681.)
  60. 8950.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

    Verify source ↗

    The committee must state its findings after the hearing and, depending on its findings, notify the relevant people and agencies or submit a report. If the respondent is found not to have violated Article 2, the action must be dismissed. If a violation is found, the house gets the report and has 90 days to act, after which it cannot act on those allegations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8950. (a) After the hearing the committee shall state its findings of fact. If the committee finds that the respondent has not violated any provisions of Article 2 (commencing with Section 8920), it shall order the action dismissed, and shall notify the respondent and complainant thereof and shall also transmit a copy of the complaint and the fact of dismissal to the house in which the respondent serves, the Attorney General, the Fair Political Practices Commission, and the district attorney of the appropriate county. The complaint and the fact of dismissal transmitted pursuant to this subdivision are public records and open to public inspection. (b) If the committee finds that the respondent has violated any provisions of Article 2 (commencing with Section 8920), it shall state its findings of fact and submit a report thereon, which may include any recommendations as to actions which the committee believes would be appropriate to take against the respondent, to the house in which the respondent serves, send a copy of the findings and report to the complainant and respondent, and the committee shall also report thereon to the Attorney General, the Fair Political Practices Commission, and the district attorney of the appropriate county. The report submitted pursuant to this subdivision is a public record and open to public inspection. (c) The house in which the respondent serves shall have 90 days after the receipt of a copy of the findings and report described in subdivision (b) within which to take action with respect to the respondent and may take no action against a respondent after that time regarding the allegations in the complaint which resulted in the findings and report described in subdivision (b). (Amended by Stats. 1982, Ch. 740, Sec. 8.)
  61. 89500.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. )

    Verify source ↗

    This section says Chapter 9.5 is called the Ethics in Government Act of 1990 and may be cited by that name.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89500. This chapter shall be known and may be cited as the Ethics in Government Act of 1990. (Added by Stats. 1990, Ch. 84, Sec. 13.)
  62. 89501.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 1. Honoraria [89501 - 89502] ( Article 1 added by Stats. 1990, Ch. 84, Sec. 13. )

    Verify source ↗

    This section defines “honorarium,” lists exclusions, and requires the commission to adopt regulations to implement the subdivision.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 1. Honoraria [89501 - 89502] ( Article 1 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89501. (a) For purposes of this chapter, “honorarium” means, except as provided in subdivision (b), any payment made in consideration for any speech given, article published, or attendance at any public or private conference, convention, meeting, social event, meal, or like gathering. (b) The term “honorarium” does not include: (1) Earned income for personal services which are customarily provided in connection with the practice of a bona fide business, trade, or profession, such as teaching, practicing law, medicine, insurance, real estate, banking, or building contracting, unless the sole or predominant activity of the business, trade, or profession is making speeches. The commission shall adopt regulations to implement this subdivision. (2) Any honorarium which is not used and, within 30 days after receipt, is either returned to the donor or delivered to the State Controller for donation to the General Fund, or in the case of a public official of a local government agency, delivered to the public official’s agency for donation to an equivalent fund, without being claimed as a deduction from income for tax purposes. (c) Section 89506 applies to all payments, advances, or reimbursements for travel and related lodging and subsistence. (Amended by Stats. 2021, Ch. 50, Sec. 223. (AB 378) Effective January 1, 2022.)
  63. 89503.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 2. Gifts [89503 - 89504.8] ( Article 2 added by Stats. 1990, Ch. 84, Sec. 13. )

    Verify source ↗

    A gift counts as both received and accepted when a public official or the official’s immediate family member knowingly takes possession of it, benefits from it, or exercises direction or control over it.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 2. Gifts [89503 - 89504.8] ( Article 2 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89503.5. A gift is both “received” and “accepted” when the public official, or the official’s immediate family member, knowingly takes actual possession of the gift, is provided the benefit of the gift, or takes any action exercising direction or control of the gift. (Added by Stats. 2019, Ch. 312, Sec. 20. (AB 902) Effective January 1, 2020.)
  64. 89504.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 2. Gifts [89503 - 89504.8] ( Article 2 added by Stats. 1990, Ch. 84, Sec. 13. )

    Verify source ↗

    Services provided by a duly authorized California Science and Technology Policy Fellow are not treated as a gift to a state officer.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 2. Gifts [89503 - 89504.8] ( Article 2 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89504. (a) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department are not a gift to a state elective or appointive officer for the purposes of this article. (b) For purposes of this section, a California Science and Technology Policy Fellow is “duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department” only if both of the following requirements are satisfied: (1) The California Science and Technology Policy Fellow has been selected according to criteria, and pursuant to a process, included in the executed memorandum of understanding between the council and an executive branch agency or department. (2) The California Council on Science and Technology has executed an agreement with an executive branch agency or department whereby the California Science and Technology Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the state. (c) This section does not constitute a change in, but is declaratory of, existing law. (Added by Stats. 2023, Ch. 112, Sec. 4. (SB 698) Effective January 1, 2024.)
  65. 89504.8.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 2. Gifts [89503 - 89504.8] ( Article 2 added by Stats. 1990, Ch. 84, Sec. 13. )

    Verify source ↗

    Policy fellow services provided by certain associations are not treated as gifts to a state elective or appointive officer.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 2. Gifts [89503 - 89504.8] ( Article 2 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89504.8. (a) The services of a policy fellow provided by an association are not a gift to a state elective or appointive officer for the purposes of this article. (b) For the purposes of this section, “association” means any of the following organizations that are exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code: (1) The Asian Pacific Islander Capitol Association. (2) The California Legislative Black Staff Association. (3) The Capitol LGBTQ Association. (4) The California Latino Capitol Association Foundation. (c) This section does not constitute a change in, but is declaratory of, existing law. (Added by Stats. 2024, Ch. 238, Sec. 4. (AB 2573) Effective January 1, 2025.)
  66. 89506.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 3. Travel [89506- 89506.] ( Article 3 added by Stats. 1990, Ch. 84, Sec. 13. )

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    This section allows certain travel-related payments and requires a nonprofit organization to disclose donor names when it meets specified travel-funding thresholds.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 3. Travel [89506- 89506.] ( Article 3 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89506. (a) Payments, advances, or reimbursements for travel, including actual transportation and related lodging and subsistence that is reasonably related to a legislative or governmental purpose, or to an issue of state, national, or international public policy, are not prohibited or limited by this chapter if either of the following applies: (1) The travel is in connection with a speech given by the elected state officer, local elected officeholder, candidate for elective state office or local elective office, an individual specified in Section 87200, member of a state board or commission, or designated employee of a state or local government agency, the lodging and subsistence expenses are limited to the day immediately preceding, the day of, and the day immediately following the speech, and the travel is within the United States. (2) The travel is provided by a government, a governmental agency, a foreign government, a governmental authority, a bona fide public or private educational institution, as defined in Section 203 of the Revenue and Taxation Code, a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, or by a person domiciled outside the United States who substantially satisfies the requirements for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. (b) Gifts of travel not described in subdivision (a) are subject to the limits in Section 89503. (c) Subdivision (a) applies only to travel that is reported on the recipient’s statement of economic interests. (d) For purposes of this section, a gift of travel does not include any of the following: (1) Travel that is paid for from campaign funds, as permitted by Article 4 (commencing with Section 89510), or that is a contribution. (2) Travel that is provided by the governmental agency of a local elected officeholder, an elected state officer, member of a state board or commission, an individual specified in Section 87200, or a designated employee. (3) Travel that is reasonably necessary in connection with a bona fide business, trade, or profession and that satisfies the criteria for federal income tax deduction for business expenses in Sections 162 and 274 of the Internal Revenue Code, unless the sole or predominant activity of the business, trade, or profession is making speeches. (4) Travel that is excluded from the definition of a gift by any other provision of this title. (e) This section does not apply to payments, advances, or reimbursements for travel and related lodging and subsistence permitted or limited by Section 170.9 of the Code of Civil Procedure. (f) (1) A nonprofit organization that regularly organizes and hosts travel for elected officials and that makes payments, advances, or reimbursements that total more than ten thousand dollars ($10,000) in a calendar year, or that total more than five thousand dollars ($5,000) in a calendar year for a single person, for travel by an elected state officer or local elected officeholder as described in subdivision (a) shall disclose to the Commission the names of donors who did both of the following in the preceding year: (A) Donated one thousand dollars ($1,000) or more to the nonprofit organization. (B) Accompanied an elected state officer or local elected officeholder, either personally or through an agent, employee, or representative, for any portion of travel described in subdivision (a). (2) For purposes of this subdivision, a nonprofit organization “regularly organizes and hosts travel for elected officials” if the sum of the nonprofit organization’s expenses that relate to any of the following types of activities with regard to elected officials was greater than one-third of its total expenses reflected on the nonprofit organization’s Internal Revenue Service Form 990, or the equivalent, filed most recently within the last 12 months: (A) Travel. (B) Study tours. (C) Conferences, conventions, and meetings. (3) This subdivision does not preclude a finding that a nonprofit organization is acting as an intermediary or agent of the donor. If the nonprofit organization is acting as an intermediary or agent of the donor, all of the following apply: (A) The donor to the nonprofit organization is the source of the gift. (B) The donor shall be identified as a financial interest under Section 87103. (C) The gift shall be reported as required by Section 87207. (D) The gift shall be subject to the limitations on gifts specified in Section 89503. (4) For purposes of this subdivision, a nonprofit organization includes an organization that is exempt from taxation under Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code. (Amended by Stats. 2016, Ch. 86, Sec. 169. (SB 1171) Effective January 1, 2017.)
  67. 8951.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

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    A person may prosecute a violation of Article 2, but if they first file a complaint with the committee, they cannot file a district attorney complaint for the same violation until the committee decides the matter or 120 days pass.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8951. Nothing in this chapter shall preclude any person from instituting a prosecution for violation of any provision of Article 2 (commencing with Section 8920) unless that person has filed a complaint with the committee concerning the violation, in which case that person may not file a complaint with the district attorney of the appropriate county to institute a criminal prosecution for the violation until the committee has made its determination of the matter or a period of 120 days has elapsed since the filing of the complaint with the committee. (Amended by Stats. 1982, Ch. 466, Sec. 58.)
  68. 89510.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    A candidate for elective state office may accept contributions only within the limits set in Chapter 5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89510. (a) A candidate for elective state office may only accept contributions within the limits provided in Chapter 5 (commencing with Section 85100). (b) All contributions deposited into the campaign account shall be deemed to be held in trust for expenses associated with the election of the candidate or for expenses associated with holding office. (Amended by Stats. 2001, Ch. 241, Sec. 17. Effective September 4, 2001. Note: The amendment of this section by Stats. 2000, Ch. 102, was approved in Prop. 34 on Nov. 7, 2000.)
  69. 89511.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    This section applies to campaign funds held by specified candidates, officers, and committees, and defines key terms used in the chapter.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89511. (a) This article applies to campaign funds held by candidates for elective office, elected officers, controlled committees, ballot measure committees, committees opposed to a candidate or measure, and any committee which qualifies as a committee pursuant to subdivision (a) of Section 82013. (b) (1) For purposes of this chapter, “campaign funds” includes any contributions, cash, cash equivalents, and other assets received or possessed by a committee as defined by subdivision (a) of Section 82013. (2) For purposes of this chapter, “committee” means a controlled committee, ballot measure committee, committee opposed to a candidate or measure, and any committee which qualifies as a committee pursuant to subdivision (a) of Section 82013. (3) For purposes of this chapter, “substantial personal benefit” means an expenditure of campaign funds which results in a direct personal benefit with a value of more than two hundred dollars ($200) to a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee. (4) For purposes of this article, “household” includes the candidate’s or elected officer’s spouse, dependent children, and parents who reside with the candidate or elected officer. (5) (A) For purposes of this article, “attorney’s fees and other costs” includes only the following: (i) Attorney’s fees and other legal costs related to the defense of the candidate or officer. (ii) Administrative costs directly related to compliance with the requirements of this title. (B) “Attorney’s fees and other costs” does not include expenses for fundraising, media or political consulting fees, mass mailing or other advertising, or, except as expressly authorized by subdivision (c) of Section 89513, a payment or reimbursement for a fine, penalty, judgment or settlement, or a payment to return or disgorge contributions made to any other committee controlled by the candidate or officer. (Amended by Stats. 2014, Ch. 884, Sec. 3. (AB 1692) Effective January 1, 2015.)
  70. 89512.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    Section 89512 says campaign expenditures are allowed only when they are reasonably related to a political, legislative, or governmental purpose, and expenses for fines, penalties, judgments, or settlements are not covered unless this article expressly authorizes them.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89512. (a) An expenditure to seek office is within the lawful execution of the trust imposed by Section 89510 if it is reasonably related to a political purpose. An expenditure associated with holding office is within the lawful execution of the trust imposed by Section 89510 if it is reasonably related to a legislative or governmental purpose. Expenditures which confer a substantial personal benefit shall be directly related to a political, legislative, or governmental purpose. (b) Except as expressly authorized by this article, an expenditure for a fine, penalty, judgment, or settlement is not within the lawful execution of the trust imposed by Section 89510. (Amended by Stats. 2014, Ch. 884, Sec. 4. (AB 1692) Effective January 1, 2015.)
  71. 89512.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    Committees must keep covered campaign expenditures reasonably related to a political, legislative, or governmental purpose.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89512.5. (a) Subject to the provisions of subdivision (b), any expenditure by a committee not subject to the trust imposed by subdivision (b) of Section 89510 shall be reasonably related to a political, legislative, or governmental purpose of the committee. (b) Any expenditure by a committee that confers a substantial personal benefit on any individual or individuals with authority to approve the expenditure of campaign funds held by the committee, shall be directly related to a political, legislative, or governmental purpose of the committee. (Added by Stats. 1991, Ch. 546, Sec. 2.)
  72. 89513.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    This section limits how campaign funds may be used and requires reporting for some travel-related spending.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89513. This section governs the use of campaign funds for the specific expenditures set forth in this section. It is the intent of the Legislature that this section shall guide the interpretation of the standard imposed by Section 89512 as applied to other expenditures not specifically set forth in this section. (a) (1) Campaign funds shall not be used to pay or reimburse the candidate, the elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or employees or staff of the committee or the elected officer’s governmental agency for travel expenses and necessary accommodations except when these expenditures are directly related to a political, legislative, or governmental purpose. (2) For the purposes of this section, payments or reimbursements for travel and necessary accommodations shall be considered as directly related to a political, legislative, or governmental purpose if the payments would meet standards similar to the standards of the Internal Revenue Service pursuant to Sections 162 and 274 of the Internal Revenue Code for deductions of travel expenses under the federal income tax law. (3) For the purposes of this section, payments or reimbursement for travel by the household of a candidate or elected officer when traveling to the same destination in order to accompany the candidate or elected officer shall be considered for the same purpose as the candidate’s or elected officer’s travel. (4) Whenever campaign funds are used to pay or reimburse a candidate, elected officer, the candidate or elected officer’s representative, or a member of the candidate’s household for travel expenses and necessary accommodations, the expenditure shall be reported as required by Section 84211. (5) Whenever campaign funds are used to pay or reimburse for travel expenses and necessary accommodations, any mileage credit that is earned or awarded pursuant to an airline bonus mileage program shall be deemed personally earned by or awarded to the individual traveler. The earning or awarding of mileage credit and the redeeming of credit for actual travel are not subject to reporting pursuant to Section 84211. (b) (1) Campaign funds shall not be used to pay for or reimburse the cost of professional services unless the services are directly related to a political, legislative, or governmental purpose. (2) Expenditures by a committee to pay for professional services reasonably required by the committee to assist it in the performance of its administrative functions are directly related to a political, legislative, or governmental purpose. (3) Campaign funds shall not be used to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households. “Health-related expenses” includes, but is not limited to, examinations by physicians, dentists, psychiatrists, psychologists, or counselors and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. However, campaign funds may be used to pay employer costs of health care benefits of a bona fide employee or independent contractor of the committee. (c) (1) Campaign funds shall not be used to pay or reimburse fines, penalties, judgments, or settlements, except those resulting from all of the following: (A) Parking citations incurred in the performance of an activity that was directly related to a political, legislative, or governmental purpose. (B) Any other action for which payment of attorney’s fees from contributions would be permitted pursuant to this title. However, campaign funds shall not be used to pay a fine, penalty, judgment, or settlement relating to an expenditure of campaign funds that resulted in either of the following: (i) A personal benefit to the candidate or officer if it is determined that the expenditure was not reasonably related to a political, legislative, or governmental purpose. (ii) A substantial personal benefit to the candidate or officer if it is determined that the expenditure was not directly related to a political, legislative, or governmental purpose. (2) Campaign funds shall not be used to pay a restitution fine imposed under Section 86 of the Penal Code. (3) Campaign funds shall not be used to pay or reimburse a candidate or elected officer for a fine, penalty, judgment, or settlement relating to a conviction for a felony described in Section 20 of the Elections Code, or for a felony involving fraud. If a candidate or elected officer uses campaign funds for other legal costs and expenses related to claims of those criminal acts and is convicted, the candidate or elected officer shall reimburse the campaign for all funds used in connection with those other legal costs and expenses. (d) Campaign funds shall not be used for campaign, business, or casual clothing except specialty clothing that is not suitable for everyday use, including, but not limited to, formal wear, if this attire is to be worn by the candidate or elected officer and is directly related to a political, legislative, or governmental purpose. (e) (1) Except as otherwise prohibited by law, campaign funds may be used to purchase or reimburse for the costs of purchase of tickets to political fundraising events for the attendance of a candidate, elected officer, or the candidate or elected officer’s immediate family, or an officer, director, employee, or staff of the committee or the elected officer’s governmental agency. (2) Campaign funds shall not be used to pay for or reimburse for the costs of tickets for entertainment or sporting events for the candidate, elected officer, or members of the candidate or elected officer’s immediate family, or an officer, director, employee, or staff of the committee, unless their attendance at the event is directly related to a political, legislative, or governmental purpose. (3) The purchase of tickets for entertainment or sporting events for the benefit of persons other than the candidate, elected officer, or the candidate or elected officer’s immediate family are governed by subdivision (f). (f) (1) Campaign funds shall not be used to make personal gifts unless the gift is directly related to a political, legislative, or governmental purpose. The refund of a campaign contribution does not constitute the making of a gift. (2) This section does not prohibit the use of campaign funds to reimburse or otherwise compensate a public employee for services rendered to a candidate or committee while on vacation, leave, or otherwise outside of compensated public time. (3) An election victory celebration or similar campaign event, or gifts with a total cumulative value of less than two hundred fifty dollars ($250) in a single year made to an individual employee, a committee worker, or an employee of the elected officer’s agency, are considered to be directly related to a political, legislative, or governmental purpose. For purposes of this paragraph, a gift to a member of a person’s immediate family shall be deemed to be a gift to that person. (g) Campaign funds shall not be used to make loans other than to organizations pursuant to Section 89515, or, unless otherwise prohibited, to a candidate for elective office, political party, or committee. (h) (1) Campaign funds shall not be used to pay or reimburse a candidate or elected officer for a penalty, judgment, or settlement related to a claim of sexual assault, sexual abuse, or sexual harassment filed against the candidate or elective officer in any civil, criminal, or administrative proceeding. If a candidate or elected officer uses campaign funds for other legal costs and expenses related to claims of those unlawful practices and is held liable for such a violation, the candidate or elected officer shall reimburse the campaign for all funds used in connection with those other legal costs and expenses. (2) For the purpose of this subdivision, “sexual assault” and “sexual abuse” have the same meaning as in Section 11165.1 of the Penal Code and “sexual harassment” has the same meaning as in subdivision (j) of Section 12940 of the Government Code. (i) (1) For purposes of this subdivision, “childcare expenses” include the reasonable costs of professional daycare services, babysitting, nannying services, food and beverages, transportation to and from the location of a childcare services provider, before and after school programs, summer day camps, and preschool. Additional qualifying expenses include costs related to a nurse, home care provider, or other care provider for a disabled dependent child. “Childcare expenses” do not include private school tuition, medical expenses, tutoring services, or payments to a relative, within the third degree of consanguinity, of a child, unless the relative owns or operates a professional daycare or babysitting service and the cost of the service is no greater than the relative would otherwise charge. (2) Campaign funds may be used to pay or reimburse a candidate for reasonable and necessary childcare expenses for a dependent child resulting directly from the candidate engaging in campaign activities. For purposes of this paragraph, “directly” means that the candidate would not have incurred the childcare expenses if the candidate did not engage in the campaign activities. (3) This section shall not be construed to limit the use of campaign funds to pay for childcare expenses resulting from an officeholder engaging in a campaign activity with both political and legislative or governmental purposes. (Amended by Stats. 2024, Ch. 576, Sec. 1. (AB 2803) Effective January 1, 2025.)
  73. 89514.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    Campaign funds generally may not be used for litigation-related attorney fees and costs unless the litigation is directly tied to committee activities or a candidate’s or elected officer’s campaign-related role; criminal litigation costs cannot be reimbursed if it ends in certain felony convictions.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89514. (a) Expenditures of campaign funds for attorney’s fees and other costs in connection with administrative, civil, or criminal litigation are not directly related to a political, legislative, or governmental purpose except where the litigation is directly related to activities of a committee that are consistent with its primary objectives or arises directly out of a committee’s activities or out of a candidate’s or elected officer’s activities, duties, or status as a candidate or elected officer, including, but not limited to, an action to enjoin defamation, defense of an action to enjoin defamation, defense of an action brought for a violation of state or local campaign, disclosure, or election laws, and an action arising from an election contest or recount. (b) Notwithstanding subdivision (a), campaign funds shall not be used to reimburse expenditures for attorney’s fees and other costs in connection with criminal litigation if the litigation results in a conviction of the candidate or elected officer for a felony described in Section 20 of the Elections Code, or for a felony involving fraud. (Amended by Stats. 2024, Ch. 576, Sec. 2. (AB 2803) Effective January 1, 2025.)
  74. 89515.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    Campaign funds may be used for donations or loans to certain nonprofit organizations if the proceeds do not create a material financial effect on specified people and the gift or loan relates reasonably to a political, legislative, or governmental purpose.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89515. Campaign funds may be used to make donations or loans to bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organizations, where no substantial part of the proceeds will have a material financial effect on the candidate, elected officer, campaign treasurer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or an immediate family member of one of those individuals, and where the donation or loan bears a reasonable relation to a political, legislative, or governmental purpose. (Amended by Stats. 2021, Ch. 50, Sec. 227. (AB 378) Effective January 1, 2022.)
  75. 89516.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    Campaign funds cannot be used to buy or lease a vehicle unless the title or lease arrangement meets the stated ownership rules and the vehicle use is directly related to political, legislative, or governmental purposes.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89516. Notwithstanding Sections 89512 and 89513, this section governs the use of campaign funds for vehicle expenses. (a) Campaign funds shall not be used to purchase a vehicle unless both of the following apply: (1) Title to the vehicle is held by the committee and not the candidate, elected officer, campaign treasurer, or any other individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or an immediate family member of one of those individuals. (2) The use of the vehicle is directly related to a political, legislative, or governmental purpose. (b) Campaign funds shall not be used to lease a vehicle unless both of the following apply: (1) The lessee is the committee, or a state or local government agency and not the candidate, elected officer, or an immediate family member of the candidate or elected official; or the lessor is a state or local government agency. (2) The use of the vehicle is directly related to a political, legislative, or governmental purpose. (c) Campaign funds may be used to pay for or reimburse the operating costs, including, but not limited to, insurance, maintenance, and repairs, for any vehicle for which campaign funds may be spent pursuant to this section. (d) Campaign funds may be used to reimburse a candidate, elected officer, a candidate’s or elected officer’s immediate family, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or an employee or member of the staff of the committee or of the elected officer’s governmental agency, for the use of that individual’s vehicle at the rate approved by the Internal Revenue Service pursuant to Section 162 of the Internal Revenue Code in connection with deductible mileage expenses under the federal income tax law, if both of the following requirements are met: (1) The vehicle use for which reimbursement is sought is directly related to political, governmental, or legislative purposes. (2) The specific purpose and mileage in connection with each expenditure is documented in a manner approved by the Internal Revenue Service in connection with deductible mileage expenses. (e) For the purposes of this section, use of a vehicle is considered to be directly related to a political, legislative, or governmental purpose as long as its use for other purposes is only incidental to its use for political, legislative, or governmental purposes. (Amended by Stats. 2021, Ch. 50, Sec. 228. (AB 378) Effective January 1, 2022.)
  76. 89517.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    Campaign funds cannot be used to pay for or reimburse certain real property, appliance, or equipment transactions involving specified insiders, and they cannot be used to buy real property. They may be used to lease real property for up to one year at a time if the use is directly related to political, legislative, or governmental purposes.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89517. (a) Campaign funds shall not be used for payment or reimbursement for the lease of real property or for the purchase, lease, or refurbishment of any appliance or equipment, where the lessee or sublessor is, or the legal title resides, in whole or in part, in a candidate, elected officer, campaign treasurer, or any individual or individuals with authority to approve the expenditure of campaign funds, or an immediate family member of one of those individuals. (b) Campaign funds shall not be used to purchase real property. Except as prohibited by subdivision (a), campaign funds may be used to lease real property for up to one year at a time where the use of that property is directly related to political, legislative, or governmental purposes. (c) For the purposes of this section, real property, appliance, or equipment is considered to be directly related to a political, legislative, or governmental purpose as long as its use for other purposes is only incidental to its use for political, legislative, or governmental purposes. (Amended by Stats. 2021, Ch. 50, Sec. 229. (AB 378) Effective January 1, 2022.)
  77. 89518.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    Campaign funds may not be used to pay candidates, elected officers, or certain fund-approving individuals for political, legislative, or governmental work, except for specified out-of-pocket reimbursements and one referenced exception.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89518. (a) Campaign funds shall not be used to compensate a candidate or elected officer for the performance of political, legislative, or governmental activities, except for reimbursement of out-of-pocket expenses incurred for political, legislative, or governmental purposes. (b) Campaign funds shall not be used to compensate any individual or individuals with authority to approve the expenditure of campaign funds for the performance of political, legislative, or governmental activities, except as provided in subdivision (b) of Section 89513 and for reimbursement of out-of-pocket expenses incurred for political, legislative, or governmental purposes. (Amended by Stats. 1991, Ch. 546, Sec. 8.)
  78. 89519.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    Campaign funds become surplus after a specified 90-day period and may be used only for listed purposes.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89519. (a) Upon the 90th day after leaving an elective office, or the 90th day following the end of the postelection reporting period following the defeat of a candidate for elective office, whichever occurs last, campaign funds under the control of the former candidate or elected officer shall be considered surplus campaign funds and shall be disclosed pursuant to Chapter 4 (commencing with Section 84100). (b) Surplus campaign funds shall be used only for the following purposes: (1) The payment of outstanding campaign debts or elected officer’s expenses. (2) The repayment of contributions. (3) Donations to a bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organization, where no substantial part of the proceeds will have a material financial effect on the former candidate or elected officer, any member of the former candidate’s or elected officer’s immediate family, or the former candidate’s or elected officer’s campaign treasurer. (4) Contributions to a political party committee, provided the campaign funds are not used to support or oppose candidates for elective office. However, the campaign funds may be used by a political party committee to conduct partisan voter registration, partisan get-out-the-vote activities, and slate mailers as that term is defined in Section 82048.3. (5) Contributions to support or oppose a candidate for federal office, a candidate for elective office in a state other than California, or a ballot measure. (6) The payment for professional services reasonably required by the committee to assist in the performance of its administrative functions, including payment for attorney’s fees and other costs for litigation that arises directly out of a candidate’s or elected officer’s activities, duties, or status as a candidate or elected officer, including, but not limited to, an action to enjoin defamation, defense of an action brought for a violation of state or local campaign, disclosure, or election laws, and an action from an election contest or recount. (c) For purposes of this section, the payment of, or the reimbursement to the state for, security expenses, as defined in Section 89517.5, to protect a candidate, an elected officer, or the immediate family or staff of a candidate or elected officer, shall be deemed an outstanding campaign debt or elected officer’s expense, provided that the threat or potential threat to safety arises from the candidate’s or elected officer’s activities, duties, or status as a candidate or elected officer. The candidate or elected officer shall report a payment or reimbursement for security expenses made pursuant to this section to the Commission. (Amended by Stats. 2024, Ch. 372, Sec. 3. (AB 2041) Effective September 22, 2024. Note: The addition of this section by Stats. 2000, Ch. 102, was approved in Prop. 34 on Nov. 7, 2000.)
  79. 89519.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    An officeholder with a final felony conviction must use candidate-controlled committee funds only for specified campaign debts, expenses, or repayment of contributions.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89519.5. (a) An officeholder who is convicted of a felony enumerated in Section 20 of the Elections Code, and whose conviction has become final, shall use funds held by the officeholder’s candidate controlled committee only for the following purposes: (1) The payment of outstanding campaign debts or elected officer’s expenses. (2) The repayment of contributions. (b) Six months after the conviction becomes final, the officeholder shall forfeit any remaining funds subject to subdivision (a), and these funds shall be deposited in the General Fund. (c) This section does not apply to funds held by a ballot measure committee or in a legal defense fund formed pursuant to Section 85304. (Added by Stats. 2016, Ch. 837, Sec. 3. (SB 1107) Effective January 1, 2017.)
  80. 8952.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

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    Filing a complaint with the committee suspends the statute of limitations for violations covered by Article 2 while the complaint is pending.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8952. The filing of a complaint with the committee pursuant to this article suspends the running of the statute of limitations applicable to any violation of the provisions of Article 2 (commencing with Section 8920) while the complaint is pending. (Amended by Stats. 1982, Ch. 466, Sec. 59.)
  81. 89520.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    The remedies in Chapter 11 do not apply to violations of this chapter.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89520. The remedies provided in Chapter 11 (commencing with Section 91000) shall not apply to violations of this chapter. (Added by Stats. 1990, Ch. 84, Sec. 13.)
  82. 89521.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    This section allows the commission to seek money penalties from people who violate campaign-fund and related ethics rules.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89521. (a) Any person who makes or receives an honorarium, gift, or expenditure in violation of this chapter is liable in a civil action brought by the commission for an amount of up to three times the amount of the unlawful honorarium, gift, or expenditure. (b) (1) Any person who uses campaign funds in a manner that violates this article and results in an egregious personal benefit is liable in an administrative or civil action brought by the commission for an amount of up to two times the amount of the unlawful expenditure. (2) For purposes of this subdivision, “egregious personal benefit” means a direct personal benefit with a total value of ten thousand dollars ($10,000) or more to a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee. (Amended by Stats. 2021, Ch. 315, Sec. 1. (AB 1367) Effective January 1, 2022.)
  83. 89522.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. )

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    This chapter does not authorize campaign fund spending that is prohibited by Elections Code Section 18680.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 9.5. Ethics [89500 - 89522] ( Chapter 9.5 added by Stats. 1990, Ch. 84, Sec. 13. ) ## ARTICLE 4. Campaign Funds [89510 - 89522] ( Article 4 added by Stats. 1990, Ch. 84, Sec. 13. ) ## 89522. This chapter shall not be construed to permit an expenditure of campaign funds prohibited by Section 18680 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 108. Effective January 1, 1995.)
  84. 8953.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

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    The committee must keep records of its investigations and proceedings, keep most related records confidential, may release material to the Attorney General or district attorney by resolution, and public hearing matters and final-finding reports are public.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8953. The committee shall maintain a record of its investigations, inquiries, and proceedings. All records, complaints, documents, reports filed with or submitted to or made by the committee, and all records and transcripts of any investigations, inquiries or hearings of the committee under this article shall be deemed confidential and shall not be open to inspection by any person other than a member of the committee, an employee of the committee, or a state employee designated to assist the committee, except as otherwise specifically provided in this article. The committee may, by adoption of a resolution, authorize the release to the Attorney General or to the district attorney of the appropriate county of any information, records, complaints, documents, reports, and transcripts in its possession material to any matter pending before the Attorney General or the district attorney. All matters presented at a public hearing of the committee and all reports of the committee stating a final finding of fact pursuant to Section 8950 shall be public records and open to public inspection. Any employee of the committee who divulges any matter which is deemed to be confidential by this section is guilty of a misdemeanor. (Added by Stats. 1966, 1st Ex. Sess., Ch. 163.)
  85. 8954.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

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    The committee can act only if two members from each house concur.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8954. All actions of the committee shall require the concurrence of two members of the committee from each house. (Added by Stats. 1966, 1st Ex. Sess., Ch. 163.)
  86. 8955.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

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    The committee may give advisory opinions to Members of the Legislature about Article 2 and how it applies and is construed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8955. The committee may render advisory opinions to Members of the Legislature with respect to the provisions of Article 2 (commencing with Section 8920) and their application and construction. The committee may secure an opinion from the Legislative Counsel for this purpose or issue its own opinion. (Amended by Stats. 1982, Ch. 466, Sec. 60.)
  87. 8956.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. )

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    Legislative ethics committees must run at least semiannual orientation courses on official conduct and lobbying-related ethics, with one lobbying course before June 30 each year, and legislators and designated employees must attend one course each biennial session.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Legislative Organization [8902 - 8956] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Joint Legislative Ethics Committee [8940 - 8956] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## 8956. (a) The appropriate legislative ethics committees shall conduct at least semiannually an orientation course of the relevant statutes and regulations governing official conduct. The curriculum and presentation of the course shall be established by house rules. (b) The committees shall conduct at least semiannually an orientation course on the relevant ethical issues and laws relating to lobbying, in consultation with the Fair Political Practices Commission. The course shall also include information on each house of the Legislature’s policies against harassment, including sexual harassment, in connection with lobbying activities. One of the semiannual courses shall be held prior to June 30 of each year. This course may be combined with the course described in subdivision (a). (c) At least once in each biennial session, each Member of the Legislature and each designated employee of the Legislature shall attend one of these courses. (d) The committees shall impose fees on lobbyists for attending the course described in subdivision (b). The fees shall be set at an amount that will enable the lobbyists’ participation in the course to be funded from those fees to the fullest extent possible. (Amended by Stats. 2018, Ch. 964, Sec. 1. (AB 2055) Effective January 1, 2019.)
  88. 9.

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

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    A reference to this code or any other California state law includes all current and future amendments and additions.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 9. Whenever reference is made to any portion of this code or of any other law of this State, the reference applies to all amendments and additions now or hereafter made. (Enacted by Stats. 1943, Ch. 134.)
  89. 900.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [900 - 901] ( Article 1 added by Stats. 1963, Ch. 1715. )

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    The definitions in this article govern how this part is interpreted, unless the provision or context requires otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [900 - 901] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 900. Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this part. (Added by Stats. 1963, Ch. 1715.)
  90. 900.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [900 - 901] ( Article 1 added by Stats. 1963, Ch. 1715. )

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    This section defines “Board” for different public entities.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [900 - 901] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 900.2. “Board” means: (a) In the case of a local public entity, the governing body of the local public entity. (b) In the case of the state, except as provided by subdivisions (c) and (d), the Department of General Services. (c) In the case of a judicial branch entity or judge of one of those entities, the Judicial Council. (d) In the case of the California State University, the Trustees of the California State University. (Amended by Stats. 2016, Ch. 31, Sec. 34. (SB 836) Effective June 27, 2016.)
  91. 900.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [900 - 901] ( Article 1 added by Stats. 1963, Ch. 1715. )

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    This section defines “judicial branch entity” as a public entity that includes specified California courts and judicial bodies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [900 - 901] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 900.3. A “judicial branch entity” is a public entity and means any superior court, court of appeals, the Supreme Court, the Judicial Council, or the Administrative Office of the Courts. (Added by Stats. 2002, Ch. 1007, Sec. 2. Effective January 1, 2003.)
  92. 900.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [900 - 901] ( Article 1 added by Stats. 1963, Ch. 1715. )

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    This section defines “local public entity.”

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [900 - 901] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 900.4. “Local public entity” includes a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State, but does not include the State. (Added by Stats. 1963, Ch. 1715.)
  93. 900.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [900 - 901] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    “State” is defined to include the State and its listed offices, officials, departments, and agencies whose claims are paid by Controller-issued warrants.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [900 - 901] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 900.6. “State” means the State and any office, officer, department, division, bureau, board, commission or agency of the State claims against which are paid by warrants drawn by the Controller. (Added by Stats. 1963, Ch. 1715.)
  94. 9000.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 1. Numbering and Election of Legislators [9000 - 9004] ( Article 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section says the Legislature is made up of 40 Senators and 80 Assembly members.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 1. Numbering and Election of Legislators [9000 - 9004] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 9000. The Legislature consists of: (a) Forty Senators. (b) Eighty members of the Assembly. (Enacted by Stats. 1943, Ch. 134.)
  95. 90000.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 10. Auditing [90000 - 90009] ( Chapter 10 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    The Franchise Tax Board must conduct audits and field investigations for specified filings and certain local candidates and controlled committees, except as provided in Section 90006.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 10. Auditing [90000 - 90009] ( Chapter 10 added June 4, 1974, by initiative Proposition 9. ) ## 90000. Except as provided in Section 90006, the Franchise Tax Board shall make audits and field investigations with respect to the following: (a) Reports and statements filed with the Secretary of State under Chapter 4 (commencing with Section 84100), Chapter 5 (commencing with Section 85100), and Chapter 6 (commencing with Section 86100). (b) Local candidates and their controlled committees selected for audit pursuant to subdivision (i) of Section 90001. (Amended by Stats. 2004, Ch. 483, Sec. 3. Effective January 1, 2005. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  96. 90003.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 10. Auditing [90000 - 90009] ( Chapter 10 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    The Franchise Tax Board and the Commission may conduct investigations and audits of reports or statements required by this title, in addition to those required by Section 90001.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 10. Auditing [90000 - 90009] ( Chapter 10 added June 4, 1974, by initiative Proposition 9. ) ## 90003. In addition to the audits and investigations required by Section 90001, the Franchise Tax Board and the Commission may make investigations and audits with respect to any reports or statements required by this title. (Amended by Stats. 2014, Ch. 9, Sec. 5. (AB 800) Effective April 3, 2014. Operative July 1, 2014, by Sec. 11 of Ch. 9. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  97. 90005.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 10. Auditing [90000 - 90009] ( Chapter 10 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    Members, employees, or agents of the Franchise Tax Board or the Commission must not disclose certain records, documents, or information obtained under this chapter, unless the disclosure is for agency work, a court proceeding, or a lawful agency investigation.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 10. Auditing [90000 - 90009] ( Chapter 10 added June 4, 1974, by initiative Proposition 9. ) ## 90005. A member, employee, or agent of the Franchise Tax Board or the Commission shall not divulge or make known in any manner the particulars of any record, documents, or information that the individual receives by virtue of this chapter, except in furtherance of the work of the Franchise Tax Board or the Commission or in connection with a court proceeding or the lawful investigation of any agency. (Amended by Stats. 2021, Ch. 50, Sec. 233. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  98. 90006.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 10. Auditing [90000 - 90009] ( Chapter 10 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    The Commission, not the Franchise Tax Board, must conduct audits and field investigations for certain Controller and Board of Equalization candidates and supporting committees.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 10. Auditing [90000 - 90009] ( Chapter 10 added June 4, 1974, by initiative Proposition 9. ) ## 90006. Audits and field investigations of candidates for Controller and member of the Board of Equalization and of committees supporting such candidates shall be made by the Commission instead of the Franchise Tax Board. (Added June 4, 1974, by initiative Proposition 9.)
  99. 90007.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 10. Auditing [90000 - 90009] ( Chapter 10 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    The commission must adopt auditing guidelines and standards for audits and field investigations under Section 90001.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 10. Auditing [90000 - 90009] ( Chapter 10 added June 4, 1974, by initiative Proposition 9. ) ## 90007. (a) The commission shall adopt auditing guidelines and standards which shall govern audits and field investigations conducted under Section 90001. The guidelines and standards shall be formulated to accomplish the following purposes: (1) The audits should encourage compliance and detect violations of this title; (2) The audits should be conducted with maximum efficiency in a cost-effective manner; and (3) The audits should be as unobtrusive as possible consistent with the foregoing purposes. (b) In adopting its guidelines and standards the commission shall consider relevant guidelines and standards of the American Institute of Certified Public Accountants to the extent such guidelines and standards are applicable and consistent with the purposes set forth in this section. (Added by Stats. 1978, Ch. 779.)
  100. 90008.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 10. Auditing [90000 - 90009] ( Chapter 10 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    The Commission may audit records kept under this title, and the Franchise Tax Board may do so when directed by the Commission, to check compliance before an election.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 10. Auditing [90000 - 90009] ( Chapter 10 added June 4, 1974, by initiative Proposition 9. ) ## 90008. (a) It is the intent of the Legislature that the people of California have timely access to information concerning the campaign contributions and expenditures of all committees, corporations, and individuals, and that this information be provided before the election, when it is relevant, in accordance with the requirements of this title. It is the further intent of the Legislature that the Commission ensure that these disclosures are being made, and that this title be liberally construed and any judicial process be expedited to achieve this purpose. (b) The Commission, and the Franchise Tax Board at the direction of the Commission, may audit any record required to be maintained under this title to ensure compliance with this title prior to an election, even if the record is a report or statement that has not yet been filed. (Added by Stats. 2014, Ch. 9, Sec. 8. (AB 800) Effective April 3, 2014. Operative July 1, 2014, by Sec. 11 of Ch. 9.)
  101. 90009.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 10. Auditing [90000 - 90009] ( Chapter 10 added June 4, 1974, by initiative Proposition 9. )

    Verify source ↗

    The Commission may ask a superior court for injunctive relief to compel disclosure, and the court must handle the case on an expedited basis.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 10. Auditing [90000 - 90009] ( Chapter 10 added June 4, 1974, by initiative Proposition 9. ) ## 90009. (a) To further the purposes of this title, the Commission may seek injunctive relief in a superior court to compel disclosure consistent with this title. (b) A court shall grant expedited review to an action filed pursuant to subdivision (a) as follows: (1) The court shall conduct an expedited hearing with an opportunity for the defendant to respond. (2) Briefs of the parties shall be required pursuant to an expedited schedule. (c) A superior or appellate court may, at its discretion, grant a stay of an order granting relief pursuant to subdivision (a). (Added by Stats. 2014, Ch. 9, Sec. 9. (AB 800) Effective April 3, 2014. Operative July 1, 2014, by Sec. 11 of Ch. 9.)
  102. 9001.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 1. Numbering and Election of Legislators [9000 - 9004] ( Article 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A Senator serves a four-year term, and a Member of the Assembly serves a two-year term.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 1. Numbering and Election of Legislators [9000 - 9004] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 9001. The term of office of a Senator is four years. The term of office of a Member of the Assembly is two years. (Enacted by Stats. 1943, Ch. 134.)
  103. 9002.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 1. Numbering and Election of Legislators [9000 - 9004] ( Article 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Senators must be elected at the general election every fourth year, with odd-numbered districts on the post-1908 cycle and even-numbered districts on the post-1910 cycle.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 1. Numbering and Election of Legislators [9000 - 9004] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 9002. At the general election in every fourth year after 1908 a Senator shall be elected in each odd-numbered senatorial district. At the general election in every fourth year after 1910 a Senator shall be elected in each even-numbered district. (Enacted by Stats. 1943, Ch. 134.)
  104. 9003.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 1. Numbering and Election of Legislators [9000 - 9004] ( Article 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A Member of the Assembly must be elected in each Assembly district at the general election in every even-numbered year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 1. Numbering and Election of Legislators [9000 - 9004] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 9003. At the general election in every even-numbered year a Member of the Assembly shall be elected in each of the Assembly districts. (Enacted by Stats. 1943, Ch. 134.)
  105. 9004.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 1. Numbering and Election of Legislators [9000 - 9004] ( Article 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If a war or enemy-caused disaster leaves one-fifth or more of either house vacant, the remaining members must appoint pro tempore members and the Secretary of State must issue commissions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 1. Numbering and Election of Legislators [9000 - 9004] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 9004. When the Legislature convenes or is convened in regular or extraordinary session during or following a war or enemy-caused disaster and vacancies exist to the extent of one-fifth or more of the membership of either house caused by such disaster, either by death, disability or inability to serve, the vacancies shall be temporarily filled as provided in this section. The remaining members of the house in which the vacancies exist, regardless of whether they constitute a quorum of the entire membership thereof, shall by a majority vote of such members appoint a qualified person as a pro tempore member to fill each such vacancy. The Chief Clerk of the Assembly and the Secretary of the Senate or the persons designated to perform their duties, as the case may be, shall certify a statement of each such appointment to the Secretary of State, who shall thereupon issue commissions to such appointees designating them as pro tempore members of the house by which they were appointed. The appointments shall be so made that each assembly or senatorial district in which a vacancy exists shall be represented, if possible, by a pro tempore member who is a resident of that district and a registered elector of the same political party as of the date of the disaster as the last duly elected member from such district. Where an elected member is temporarily disabled or unable to serve, such elected member shall resume his office when able, and the pro tempore member appointed in his place under this section shall cease to serve. In other cases, each pro tempore member appointed under this section shall serve until the next election of a member to such office as provided by law. (Added by Stats. 1958, 1st Ex. Sess., Ch. 60.)
  106. 901.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [900 - 901] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This section sets the accrual date for certain claims-timing rules and gives a different accrual date for equitable indemnity claims.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [900 - 901] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 901. For the purpose of computing the time limits prescribed by Sections 911.2, 911.4, 945.6, and 946.6, the date of the accrual of a cause of action to which a claim relates is the date upon which the cause of action would be deemed to have accrued within the meaning of the statute of limitations which would be applicable thereto if there were no requirement that a claim be presented to and be acted upon by the public entity before an action could be commenced thereon. However, the date upon which a cause of action for equitable indemnity or partial equitable indemnity accrues shall be the date upon which a defendant is served with the complaint giving rise to the defendant’s claim for equitable indemnity or partial equitable indemnity against the public entity. (Amended by Stats. 2011, Ch. 296, Sec. 110. (AB 1023) Effective January 1, 2012.)
  107. 9020.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The Legislature must meet in regular session in Sacramento at noon on the first Monday in December of each even-numbered year, and each house must organize immediately.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 9020. The Legislature shall convene in regular session at the City of Sacramento at noon on the first Monday in December of each even-numbered year, and each house shall immediately organize. (Amended by Stats. 1995, Ch. 91, Sec. 48. Effective January 1, 1996.)
  108. 9021.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A certificate of election is prima facie evidence of the right to membership.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 9021. The certificate of election is prima facie evidence of the right to membership. (Enacted by Stats. 1943, Ch. 134.)
  109. 9022.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    At the start of a regular legislative session, the Senate’s presiding officer must open proceedings and call the chamber to order; if that officer is absent, the senior member present does it. New members must present their certificates, take the constitutional oath, and take their seats. If a quorum is present, the Senate may elect its officers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 9022. At the day and hour appointed for the assembling of any regular session of the Legislature, the President of the Senate, or in case of his absence or inability, the senior member present, shall take the chair, call the members and members elect to order, and have the secretary call over the senatorial districts, in their order, from which members have been elected at the preceding election. As the districts are called the members elect shall present their certificates, take the constitutional oath of office, and assume their seats. If a quorum is present, the Senate may then elect its officers. (Enacted by Stats. 1943, Ch. 134.)
  110. 9023.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section sets the opening procedure for a regular legislative session, including who presides, what new members must do, and when the Assembly may conduct business.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 9023. At the day and hour appointed for the assembling of any regular session of the Legislature, the Chief Clerk of the Assembly, or in case of his absence or inability, the senior member elect present, shall take the chair, call the members elect to order, and call over the roll of counties in alphabetical order. As the counties are called the members elect shall present their certificates, take the constitutional oath of office, and assume their seats. If there is more than one senior member elect present and the senior members are unable to agree as to who shall call the session to order, the Attorney General or one of his deputies shall call the session to order. If a quorum is present, the Assembly shall then elect its officers, and there shall be no other business, motion or resolution considered before the election of the Speaker, save and except a motion to adjourn or a motion for a call of the house. (Enacted by Stats. 1943, Ch. 134.)
  111. 9024.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Legislators who missed the oath at the assembling may still take the oath later during their elected term.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 9024. Members of the Legislature who did not take the oath of office at the assembling of the Legislature may take the oath at any time during the term for which they were elected. (Enacted by Stats. 1943, Ch. 134.)
  112. 9025.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    An entry of the oath taken by members of the Legislature must be recorded in the journals of the proper house.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 9025. An entry of the oath taken by members of the Legislature shall be made on the journals of the proper house. (Enacted by Stats. 1943, Ch. 134.)
  113. 9026.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Standing committees of the Senate or Assembly must be appointed by the presiding officer of the house, unless the house’s resolution or rules direct otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 9026. All standing committees of either the Senate or Assembly shall be appointed by the presiding officer of their respective house if the house by resolution or its rules does not direct otherwise. (Enacted by Stats. 1943, Ch. 134.)
  114. 9026.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The Legislature must include certain compliance costs in the total aggregate expenditures allowed under 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 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2. Meeting and Organization of the Legislature [9020 - 9026.5] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 9026.5. Televised or other audiovisual recordings of public proceedings. (a) Televised or other audiovisual recordings of the public proceedings of each house of the Legislature and the committees thereof may be used for any legitimate purpose and without the imposition of any fee due to the State or any public agency or public corporation thereof. (b) The Legislature’s costs of complying with paragraph (2) of subdivision (c) of Section 7 and of paragraph (2) of subdivision (b) of Section 8 of Article IV of the California Constitution shall be included as part of the total aggregate expenditures allowed under Section 7.5 of Article IV of the California Constitution. (Amended November 8, 2016, by initiative Proposition 54, Sec. 5.1. Note: A prior version of Section 9026.5 was repealed on September 22, 2016, by Stats. 2016, Ch. 441. The current version was effectively added when the amendment by Proposition 54 took effect on November 9, 2016.)
  115. 9027.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.2. Open Meetings [9027 - 9031] ( Article 2.2 added by Stats. 1989, Ch. 1235, Sec. 2. )

    Verify source ↗

    Legislative house and committee meetings must be open and public, and everyone may attend, unless another rule in this article provides otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.2. Open Meetings [9027 - 9031] ( Article 2.2 added by Stats. 1989, Ch. 1235, Sec. 2. ) ## 9027. Except as otherwise provided in this article, all meetings of a house of the Legislature or a committee thereof shall be open and public, and all persons shall be permitted to attend the meetings. As used in this article, “meeting” means a gathering of a quorum of the members of a house or committee in one place for the purpose of discussing legislative or other official matters within the jurisdiction of the house or committee. As used in this article, “committee” includes a standing committee, joint committee, conference committee, subcommittee, select committee, special committee, research committee, or any similar body. (Repealed (by Sec. 1) and added by Stats. 1989, Ch. 1235, Sec. 2.)
  116. 9028.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.2. Open Meetings [9027 - 9031] ( Article 2.2 added by Stats. 1989, Ch. 1235, Sec. 2. )

    Verify source ↗

    Meetings that must be open to the public must be held only after full and timely public notice, following the Joint Rules of the Assembly and Senate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.2. Open Meetings [9027 - 9031] ( Article 2.2 added by Stats. 1989, Ch. 1235, Sec. 2. ) ## 9028. Any meeting that is required to be open and public pursuant to this article, including any closed session held pursuant to subdivision (a) of Section 9029, shall be held only after full and timely notice to the public as provided by the Joint Rules of the Assembly and Senate. (Repealed (by Sec. 3) and added by Stats. 1989, Ch. 1235, Sec. 2.)
  117. 9029.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.2. Open Meetings [9027 - 9031] ( Article 2.2 added by Stats. 1989, Ch. 1235, Sec. 2. )

    Verify source ↗

    Certain legislative bodies may meet in closed session for specified purposes, and party caucuses of the Legislature may also meet in closed session.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.2. Open Meetings [9027 - 9031] ( Article 2.2 added by Stats. 1989, Ch. 1235, Sec. 2. ) ## 9029. (a) A house of the Legislature or a committee thereof may hold a closed session solely for any of the following purposes: (1) To consider the appointment, employment, evaluation of performance, or dismissal of a public officer or employee, to consider or hear complaints or charges brought against a Member of the Legislature or other public officer or employee, or to establish the classification or compensation of an employee of the Legislature. (2) To consider matters affecting the safety and security of Members of the Legislature or its employees or the safety and security of any buildings and grounds used by the Legislature. (3) To confer with, or receive advice from, its legal counsel regarding pending or reasonably anticipated, or whether to initiate, litigation when discussion in open session would not protect the interests of the house or committee regarding the litigation. (b) A caucus of the Members of the Senate, the Members of the Assembly, or the Members of both houses, which is composed of members of the same political party, may meet in closed session. (Repealed (by Sec. 4) and added by Stats. 1989, Ch. 1235, Sec. 2.)
  118. 9029.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.2. Open Meetings [9027 - 9031] ( Article 2.2 added by Stats. 1989, Ch. 1235, Sec. 2. )

    Verify source ↗

    This section allows certain closed legislative sessions only in specified situations and requires public notice, identification, or a supporting memorandum before or after the session.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.2. Open Meetings [9027 - 9031] ( Article 2.2 added by Stats. 1989, Ch. 1235, Sec. 2. ) ## 9029.5. (a) A closed session may be held pursuant to paragraph (3) of subdivision (a) of Section 9029 under any of the following circumstances: (1) An adjudicatory proceeding before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which a house of the Legislature or a committee, Member, or employee thereof is a party, has been initiated formally. (2) Based on existing facts and circumstances, a point has been reached where, in the opinion of a house of the Legislature or a committee thereof, on the advice of its legal counsel, litigation against the house or a committee, Member, or employee thereof is reasonably anticipated. (3) Based on existing facts and circumstances, a house of the Legislature or a committee thereof has decided to initiate or is deciding whether to initiate litigation. (4) To confer with, or receive advice from, its legal counsel and negotiator prior to the purchase, sale, exchange, or lease of real property by or for the house or committee regarding the price and terms of payment for the purchase, sale, exchange, or lease. (b) Prior to holding a closed session pursuant to paragraph (3) of subdivision (a) Section 9029 and this section, the presiding officer of the house or the chair of the committee shall state publicly which paragraph of subdivision (a) is applicable. If the closed session is held pursuant to paragraph (1) of subdivision (a), the presiding officer or chair shall state the title of or otherwise specifically identify the litigation to be discussed, unless the presiding officer or chair states that to do so would jeopardize the ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize the ability of the house or the committee to conclude existing settlement negotiations to its advantage. If the closed session is held pursuant to paragraph (4) of subdivision (a), the notice of the closed session shall identify the real property which the negotiations may concern and the person with whom the negotiations may take place. (c) The legal counsel of the house or the committee shall prepare and submit to the house or the committee a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is held pursuant to paragraph (1) of subdivision (a), the memorandum shall include the title of or other identification of the litigation. If the closed session is held pursuant to paragraph (2) or (3) of subdivision (a), the memorandum shall set forth the existing facts and circumstances on which the closed session is based. The legal counsel shall submit the memorandum to the house or the committee prior to the closed session, if feasible, or, in any case, not later than one week after the closed session. The memorandum shall be exempt from disclosure under the Legislative Open Records Act (Article 3.5 (commencing with Section 9070) of Chapter 1.5 of Part 1 of Division 2 of Title 2). (d)For purposes of paragraph (3) of subdivision (a) of Section 9029 and this section, “litigation” includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. (e)For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of the lawyer-client privilege for the purposes of conducting closed-session meetings pursuant to this article. (f) Disclosure of a memorandum required under this section shall not be deemed a waiver of the lawyer-client privilege provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code. (Added by Stats. 1989, Ch. 1235, Sec. 2.)
  119. 9030.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.2. Open Meetings [9027 - 9031] ( Article 2.2 added by Stats. 1989, Ch. 1235, Sec. 2. )

    Verify source ↗

    A legislator who knowingly attends a legislative meeting where action is taken in violation of Section 9027 commits a misdemeanor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.2. Open Meetings [9027 - 9031] ( Article 2.2 added by Stats. 1989, Ch. 1235, Sec. 2. ) ## 9030. Each Member of the Legislature who attends a meeting of the Assembly, the Senate, or any committee or subcommittee thereof, where action is taken in violation of Section 9027, with knowledge of the fact that the meeting is in violation thereof, is guilty of a misdemeanor. (Added by Stats. 1973, Ch. 1148.)
  120. 9031.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.2. Open Meetings [9027 - 9031] ( Article 2.2 added by Stats. 1989, Ch. 1235, Sec. 2. )

    Verify source ↗

    Any interested person may bring mandamus, injunction, or declaratory relief to stop or prevent violations of this article, or to ask whether the article applies to legislative or committee actions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.2. Open Meetings [9027 - 9031] ( Article 2.2 added by Stats. 1989, Ch. 1235, Sec. 2. ) ## 9031. Any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this article by Members of the Legislature or to determine the applicability of this article to actions or threatened future action of a house of the Legislature or a committee thereof. (Repealed (by Sec. 5) and added by Stats. 1989, Ch. 1235, Sec. 2.)
  121. 9035.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.5. Legislative Session After War or Enemy-Caused Disaster [9035 - 9037] ( Article 2.5 added by Stats. 1958, 1st Ex. Sess., Ch. 75. )

    Verify source ↗

    In this article, “disaster” means a war or enemy-caused calamity within the state, including an attack by nuclear weapons.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.5. Legislative Session After War or Enemy-Caused Disaster [9035 - 9037] ( Article 2.5 added by Stats. 1958, 1st Ex. Sess., Ch. 75. ) ## 9035. As used in this article, “disaster” means a war or enemy-caused calamity within this State, such as an attack by nuclear weapons. (Added by Stats. 1958, 1st Ex. Sess., Ch. 75.)
  122. 9036.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.5. Legislative Session After War or Enemy-Caused Disaster [9035 - 9037] ( Article 2.5 added by Stats. 1958, 1st Ex. Sess., Ch. 75. )

    Verify source ↗

    If a disaster occurs, the Legislature must convene itself in special session immediately.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.5. Legislative Session After War or Enemy-Caused Disaster [9035 - 9037] ( Article 2.5 added by Stats. 1958, 1st Ex. Sess., Ch. 75. ) ## 9036. If a disaster occurs, the Legislature shall convene itself in special session immediately after such disaster first occurs, which session shall convene at the permanent seat of government in the City of Sacramento or at the temporary seat of government as established by law if the session cannot be held in the City of Sacramento. At such special session the Legislature may fill any vacancies in its membership, pursuant to law, and may consider and act upon any subject of legislation that is designed to relieve or alleviate the consequences of such disaster or to restore or continue state and local government in connection therewith, together with such other subjects within the scope of legislative regulation or control as are specified by concurrent resolution adopted by both houses of the Legislature. (Amended by Stats. 1968, Ch. 312.)
  123. 9037.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.5. Legislative Session After War or Enemy-Caused Disaster [9035 - 9037] ( Article 2.5 added by Stats. 1958, 1st Ex. Sess., Ch. 75. )

    Verify source ↗

    If the Legislature is already in special session on the regular-session date, it may still meet in regular session without adjourning the special session, or it may use a concurrent resolution to let the regular-session subjects be handled in the special session.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 2.5. Legislative Session After War or Enemy-Caused Disaster [9035 - 9037] ( Article 2.5 added by Stats. 1958, 1st Ex. Sess., Ch. 75. ) ## 9037. If the Legislature is convened in special session pursuant to this article on the date specified by the State Constitution for the convening of a regular session, the Legislature may convene in such regular session without adjourning the special session or it may provide by concurrent resolution that the subjects to be considered at the regular session may be acted upon at the special session, and in such case the regular session shall not be convened. (Added by renumbering Section 9038 by Stats. 1968, Ch. 312.)
  124. 905.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Most claims for money or damages against local public entities must be presented under Chapter 1 and Chapter 2, unless one of the listed exceptions applies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 905. There shall be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) all claims for money or damages against local public entities except any of the following: (a) Claims under the Revenue and Taxation Code or other statute prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification, or adjustment of any tax, assessment, fee, or charge or any portion of the charge, or of any penalties, costs, or related charges. (b) Claims in connection with which the filing of a notice of lien, statement of claim, or stop notice is required under any law relating to liens of mechanics, laborers, or materialmen. (c) Claims by public employees for fees, salaries, wages, mileage, or other expenses and allowances. (d) Claims for which the workers’ compensation authorized by Division 4 (commencing with Section 3200) of the Labor Code is the exclusive remedy. (e) Applications or claims for any form of public assistance under the Welfare and Institutions Code or other provisions of law relating to public assistance programs, and claims for goods, services, provisions, or other assistance rendered for or on behalf of any recipient of any form of public assistance. (f) Applications or claims for money or benefits under any public retirement or pension system. (g) Claims for principal or interest upon any bonds, notes, warrants, or other evidences of indebtedness. (h) Claims that relate to a special assessment constituting a specific lien against the property assessed and that are payable from the proceeds of the assessment, by offset of a claim for damages against it or by delivery of any warrant or bonds representing it. (i) Claims by the state or by a state department or agency or by another local public entity or by a judicial branch entity. (j) Claims arising under any provision of the Unemployment Insurance Code, including, but not limited to, claims for money or benefits, or for refunds or credits of employer or worker contributions, penalties, or interest, or for refunds to workers of deductions from wages in excess of the amount prescribed. (k) Claims for the recovery of penalties or forfeitures made pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code. (l) Claims governed by the Pedestrian Mall Law of 1960 (Part 1 (commencing with Section 11000) of Division 13 of the Streets and Highways Code). (m) Claims made pursuant to Section 340.1 of the Code of Civil Procedure for the recovery of damages suffered as a result of childhood sexual assault. (n) Claims made pursuant to Section 701.820 of the Code of Civil Procedure for the recovery of money pursuant to Section 26680. (o) Claims made pursuant to Section 49013 of the Education Code for reimbursement of pupil fees for participation in educational activities. (p) The changes made to this section by the act that added this subdivision are retroactive and apply to any action commenced on or after the date of enactment of that act, and to any action filed before the date of enactment and still pending on that date, including any action or causes of action that would have been barred by the laws in effect before the date of enactment. (Amended by Stats. 2019, Ch. 861, Sec. 3. (AB 218) Effective January 1, 2020.)
  125. 905.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A claim is not required before bringing an action for taking of, or damage to, private property under Section 19 of Article I of the California Constitution; if a claim is filed, the board must process it under this part.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 905.1. No claim is required to be filed to maintain an action against a public entity for taking of, or damage to, private property pursuant to Section 19 of Article I of the California Constitution. However, the board shall, in accordance with the provisions of this part, process any claim which is filed against a public entity for the taking of, or damage to, private property pursuant to Section 19 of Article I of the California Constitution. (Added by Stats. 1976, Ch. 96.)
  126. 905.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Claims against the state must generally be filed under this chapter, and claimants must pay a $25 filing fee unless an exception or fee waiver applies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 905.2. (a) This section shall apply to claims against the state filed with the Department of General Services except as provided in subparagraph (B) of paragraph (2) of subdivision (b). (b) There shall be presented in accordance with this chapter and Chapter 2 (commencing with Section 910) all claims for money or damages against the state: (1) For which no appropriation has been made or for which no fund is available but the settlement of which has been provided for by statute or constitutional provision. (2) (A) For which the appropriation made or fund designated is exhausted. (B) Claims for reissuance of stale, dated, or replacement warrants shall be filed with the state entity that originally issued the warrant and, if allowed, shall be paid from the issuing entity’s current appropriation or from any funds that are otherwise legally available to the entity to be used for that purpose. If an issuing entity determines that it is unable to issue a replacement warrant from its current appropriation or from any funds that are otherwise legally available to the entity to be used for that purpose, that entity may submit a request to include a claim for reimbursement of that warrant in a claims bill referenced in Section 14659.10 pursuant to a process prescribed by the Department of General Services. (3) For money or damages on express contract, or for an injury for which the state is liable. (4) For which settlement is not otherwise provided for by statute or constitutional provision. (c) Claimants shall pay a filing fee of twenty-five dollars ($25), except as provided in paragraphs (1) and (2), for filing a claim described in subdivision (b), except for claims for reissuance of stale, dated, or replacement warrants as described in subparagraph (B) of paragraph (2) of subdivision (b). This fee shall be deposited into the Service Revolving Fund and shall only be available for the support of the Department of General Services upon appropriation by the Legislature. (1) The fee shall not apply to the following persons: (A) Persons who are receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplementary Payment (SSP) programs (Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), the federal Supplemental Nutrition Assistance Program (SNAP; 7 U.S.C. Sec. 2011 et seq.), or Section 17000 of the Welfare and Institutions Code. (B) Persons whose monthly income is 125 percent or less of the current monthly poverty line annually established by the United States Department of Health and Human Services. (C) Persons who are sentenced to imprisonment in a state prison or confined in a county jail, or who are residents in a state institution and, within 90 days prior to the date the claim is filed, have a balance of one hundred dollars ($100) or less credited to the inmate’s or resident’s trust account. A certified copy of the statement of the account shall be submitted. (2) (A) For a person whose monthly income is less than one hundred dollars ($100) above the income of a person whose monthly income is 125 percent of the current monthly poverty line annually established by the United States Department of Health and Human Services, the fee assessed shall be 25 percent of the difference between their income and 125 percent of the current monthly poverty line. (B) For a person who is sentenced to imprisonment in a state prison or confined in a county jail, or who is a resident in a state institution and, within 90 days prior to the date the claim is filed, has a balance greater than one hundred dollars ($100) and less than two hundred dollars ($200), the fee assessed shall be 25 percent of the difference between the inmate’s or resident’s balance and one hundred dollars ($100). (3) Any claimant who requests a fee waiver shall attach to the application a signed affidavit requesting the waiver and verification of benefits or income and any other required financial information in support of the request for the waiver. (4) Notwithstanding any other law, an applicant shall not be entitled to a hearing regarding the denial of a request for a fee waiver. (d) The time for the Department of General Services to determine the sufficiency, timeliness, or any other aspect of the claim shall begin when any of the following occur: (1) The claim is submitted with the filing fee. (2) The fee waiver is granted. (3) The filing fee is paid to the department upon the department’s denial of the fee waiver request, so long as payment is received within 10 calendar days of the mailing of the notice of the denial. (e) Upon approval of the claim by the Department of General Services, the fee shall be reimbursed to the claimant, except that no fee shall be reimbursed if the approved claim was for the payment of an expired warrant. Reimbursement of the filing fee shall be paid by the state entity against which the approved claim was filed. If the claimant was granted a fee waiver pursuant to this section, the amount of the fee shall be paid by the state entity to the department. The reimbursement to the claimant or the payment to the department shall be made at the time the claim is paid by the state entity, or shall be added to the amount appropriated for the claim in an equity claims bill. (f) The Department of General Services may assess a surcharge to the state entity against which the approved claim was filed in an amount not to exceed 15 percent of the total approved claim. The department shall not include the refunded filing fee in the surcharge calculation. This surcharge shall be deposited into the Service Revolving Fund and may be appropriated in support of the department in the annual Budget Act. (1) The surcharge shall not apply to approved claims to reissue expired warrants. (2) Upon the request of the department in a form prescribed by the Controller, the Controller shall transfer the fees from the state entity’s appropriation to the appropriation for the support of the department. However, the department shall not request an amount that shall be submitted for legislative approval pursuant to Section 14659.10. (g) The filing fee required by subdivision (c) shall apply to all claims filed after June 30, 2004, or August 16, 2004. The surcharge authorized by subdivision (f) may be calculated and included in claims paid after June 30, 2004, or August 16, 2004. (h) This section does not apply to claims made for a violation of the California Whistleblower Protection Act (Article 3 (commencing with Section 8547) of Chapter 6.5 of Division 1 of Title 2). (Amended by Stats. 2023, Ch. 478, Sec. 24. (AB 1756) Effective January 1, 2024.)
  127. 905.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A local agency or school district may not submit a claim, and the Department of General Services may not consider it under Section 905.2, if the claim is eligible for the Commission on State Mandates.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 905.3. Notwithstanding any other law to the contrary, no claim shall be submitted by a local agency or school district, nor shall a claim be considered by the Department of General Services pursuant to Section 905.2, if that claim is eligible for consideration by the Commission on State Mandates pursuant to Article 1 (commencing with Section 17550) of Chapter 4 of Part 7 of Division 4 of Title 2. (Amended by Stats. 2016, Ch. 31, Sec. 36. (SB 836) Effective June 27, 2016.)
  128. 905.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Chapters 1 and 2 are not the only way to present claims to the Legislature, and they do not stop the Legislature from making appropriations to pay certain State claims.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 905.4. Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of this part shall not be construed to be an exclusive means for presenting claims to the Legislature nor as preventing the Legislature from making such appropriations as it deems proper for the payment of claims against the State which have not been submitted to the board or recommended for payment by it pursuant to Chapters 1 and 2 of this part. (Added by Stats. 1963, Ch. 1715.)
  129. 905.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    School districts and their officers, directors, or employees are generally not civilly liable for asbestos exposure claims tied to school buildings, unless negligence is proven.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 905.5. A school district, its officers, directors, or employees shall have no civil liability in any civil action for injury, disease, death, or economic loss arising out of exposure on or after January 1, 1989, to asbestos contained in buildings owned, leased, or otherwise used by a school district, except upon proof that the injury, disease, death, or economic loss was caused by the negligence of the school district, its officers, directors, or employees. Notwithstanding the provisions of Section 815.6 of the Government Code and Section 669 of the Evidence Code, no presumption of negligence shall apply to any action under this section. This section applies only to actions against school districts, and shall not apply to any other action, including, but not limited to, actions against a manufacturer, contractor, or any person who makes, sells, distributes, furnishes, or installs asbestos-containing materials. This section shall not affect, alter, or otherwise modify the law pertaining to workers’ compensation claims. This section shall not affect the right of a school district, its officers, directors, or employees to seek indemnification. (Added by Stats. 1988, Ch. 1022, Sec. 1.)
  130. 905.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This part does not apply to claims against the Regents of the University of California.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 905.6. This part does not apply to claims against the Regents of the University of California. (Added by Stats. 1963, Ch. 1715.)
  131. 905.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Claims against a judicial branch entity for money or damages must be presented under Chapter 1 and Chapter 2 of this part.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 905.7. All claims against a judicial branch entity for money or damages based upon an express contract or for an injury for which the judicial branch entity is liable shall be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of this part. (Added by Stats. 2005, Ch. 706, Sec. 18. Effective January 1, 2006.)
  132. 905.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This section says the part does not create liability for a public entity unless liability already exists elsewhere.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 905.8. Nothing in this part imposes liability upon a public entity unless such liability otherwise exists. (Added by Stats. 1963, Ch. 1715.)
  133. 905.9.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Claims against the California State University for money or damages based on an express contract, or for certain injuries, must be presented under the specified claims chapters.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 905.9. All claims against the California State University for money or damages based upon an express contract or for an injury for which the Trustees of the California State University is liable shall be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of this part. (Added by Stats. 2010, Ch. 636, Sec. 3. (SB 1046) Effective January 1, 2011.)
  134. 9050.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person who wilfully uses force or fraud to stop the Legislature, either house, or any member from meeting or organizing commits a felony.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9050. Every person who wilfully, and by force or fraud, prevents the Legislature, either of the houses composing it, or any of the members thereof from meeting or organizing is guilty of a felony. (Enacted by Stats. 1943, Ch. 134.)
  135. 9051.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person may not wilfully disturb the Legislature or commit disorderly conduct in the immediate view and presence of either house when it is in session.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9051. Every person who wilfully disturbs the Legislature, or either of the houses composing it, while in session, or who commits any disorderly conduct in the immediate view and presence of either house tending to interrupt its proceedings or impair the respect due to its authority is guilty of a misdemeanor. (Enacted by Stats. 1943, Ch. 134.)
  136. 9051.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    In this article, “bill or resolution” also means a constitutional amendment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9051.5. As used in this article, “bill or resolution” includes a constitutional amendment. (Added by Stats. 1984, Ch. 1134, Sec. 1.)
  137. 9052.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person must not fraudulently alter the draft of a bill or resolution presented to the Legislature to secure passage, adoption, or certification in different language.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9052. Every person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the Legislature for passage or adoption, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, is guilty of a felony. (Enacted by Stats. 1943, Ch. 134.)
  138. 9053.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person may not fraudulently alter the enrolled copy of a bill or resolution passed or adopted by the Legislature if the intent is to get it approved, certified, or printed/published in different language; doing so is a felony.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9053. Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the Legislature, with intent to procure it to be approved by the Governor, certified by the Secretary of State, or printed or published by the State in language different from that in which it was passed or adopted by the Legislature is guilty of a felony. (Enacted by Stats. 1943, Ch. 134.)
  139. 9053.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    It is a misdemeanor for a person to knowingly and maliciously publish, or cause to be published, a non-exact facsimile of a California legislative bill or resolution intended to defame a particular legislator, except for print media, electronic media, and news services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9053.5. (a) Every person who intentionally, maliciously, with knowledge of the falsity, and with intent to defame a particular legislator, publishes or causes to be published any writing which purports to be a facsimile of an actual bill or resolution, or any part thereof, of the California Legislature, which is not an exact copy of a bill or resolution, or part thereof, which has been introduced in the Legislature, is guilty of a misdemeanor. (b) This section shall not apply to the print media, the electronic media, or to news services. (Added by Stats. 1984, Ch. 1134, Sec. 2.)
  140. 9054.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    It is a felony to try to get money or something of value by falsely claiming you can improperly influence a legislative member on a vote or other legislative matter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9054. Every person who obtains, or seeks to obtain, money or other thing of value from another person upon a pretense, claim, or representation that he can or will improperly influence in any manner the action of any member of a legislative body in regard to any vote or legislative matter, is guilty of a felony. Upon the trial no person otherwise competent as a witness may be excused from testifying concerning the offense charged on the grounds that the testimony may criminate himself, or subject him to public infamy. The testimony shall not afterwards be used against him in any judicial proceeding except for perjury in giving the testimony. (Enacted by Stats. 1943, Ch. 134.)
  141. 9055.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A legislator convicted of a crime covered by this article loses office and is permanently barred from holding any office in the State, in addition to the punishment already prescribed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9055. Every member of the Legislature convicted of any crime defined in this article, in addition to the punishment prescribed, forfeits his office and is forever disqualified from holding any office in the State. (Enacted by Stats. 1943, Ch. 134.)
  142. 9056.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person commits a crime if they use influence to get a bill, resolution, or amendment introduced, and then seek or accept payment to stop its passage while it still has its original purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3. Crimes Against the Legislative Power [9050 - 9056] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9056. Any person who shall secure through his influence, knowingly exerted for that purpose, the introduction of any bill, resolution or amendment into the State Legislature and shall thereafter solicit or accept from any person other than a person upon whose request he secured such introduction, any pay or other valuable consideration for preventing or attempting to prevent, the enactment or adoption of such measure, while it retains its original purpose, shall be guilty of a crime and upon conviction thereof shall be punishable by a fine of not exceeding ten thousand dollars ($10,000) or by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 132. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  143. 906.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This section defines “amount allowed on the claim” and says interest is generally not payable on that amount when payment depends on legislative appropriation approval.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 906. (a) As used in this section, “amount allowed on the claim” means the amount allowed by the Department of General Services on a claim allowed, in whole or in part, or the amount offered by the department to settle or compromise a claim. (b) Except as otherwise provided in this subdivision, no interest is payable on the amount allowed on the claim if payment of the claim is subject to approval of an appropriation by the Legislature. If an appropriation is made for the payment of a claim described in this subdivision, interest on the amount appropriated for the payment of the claim commences to accrue 180 days after the effective date of the act by which the appropriation is enacted. (Amended by Stats. 2016, Ch. 31, Sec. 37. (SB 836) Effective June 27, 2016.)
  144. 907.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A local public entity may offset a delinquent amount owed for services to another local public entity, but must give 30 days’ advance written notice and use certified mail for notices.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [900 - 907] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. General Provisions [905 - 907] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 907. A local public entity, as defined in Section 900.4, may offset any delinquent amount due it for services rendered to any other local public entity. The offset may be charged, against any amount reciprocally owing, upon the giving of 30 days advance written notice, if no written dispute is received from the debtor within the 30-day notice period. Notices from the creditor or the debtor shall be made through certified mail. If the offset would result in the debtor’s inability to meet encumbered bonded indebtedness repayments, the debtor shall so state in a written dispute within the time period stated above. If a dispute notice is received and the dispute is subsequently resolved in favor of the entity to whom an amount is due, interest on the principal amount from the date that amount was originally owing shall be assessed at the legal rate per annum established pursuant to Section 685.010 of the Code of Civil Procedure. For purposes of this section, an amount reciprocally owing includes any tax revenue collected by a local public entity for disbursement to another local public entity. (Added by Stats. 1990, Ch. 697, Sec. 1.)
  145. 9070.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. )

    Verify source ↗

    Every citizen in California has a fundamental right to access information about the Legislature’s conduct of public business.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. ) ## 9070. The Legislature finds and declares that access to information concerning the conduct of the people’s business by the Legislature is a fundamental and necessary right of every citizen in this state. (Added by Stats. 1975, Ch. 1246.)
  146. 9071.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. )

    Verify source ↗

    This section says the article is called the Legislative Open Records Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. ) ## 9071. This article shall be known and may be cited as the Legislative Open Records Act. (Added by Stats. 1975, Ch. 1246.)
  147. 9072.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. )

    Verify source ↗

    This section defines key terms used in the article, including “person,” “legislature,” “legislative records,” and “writing.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. ) ## 9072. As used in this article: (a) “Person” includes any natural person, corporation, partnership, limited liability company, firm, or association. (b) “Legislature” includes any Member of the Legislature, any legislative officer, any standing, joint, or select committee or subcommittee of the Senate and Assembly, and any other agency or employee of the Legislature. (c) “Legislative records” means any writing prepared on or after December 2, 1974, which contains information relating to the conduct of the public’s business prepared, owned, used, or retained by the Legislature. (d) “Writing” means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents. (Amended by Stats. 1994, Ch. 1010, Sec. 139. Effective January 1, 1995.)
  148. 9073.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. )

    Verify source ↗

    Legislative records must be open for inspection during normal office hours, and people may get copies if copying is permitted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. ) ## 9073. Legislative records are open to inspection at all times during the normal office hours of the Legislature and any person has a right to inspect any legislative record, except as hereafter provided. Any person shall be furnished reasonable opportunities for inspection of legislative records and reasonable facilities for making memoranda or abstracts therefrom. Any person may receive a copy of a legislative record if such record is of a nature permitting such copying. The Legislature may establish fees reasonably calculated to reimburse it for its actual cost in making such copies available, provided such fee shall not exceed ten cents ($0.10) per page. (Added by Stats. 1975, Ch. 1246.)
  149. 9074.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. )

    Verify source ↗

    Requests to inspect legislative records must be made to the proper legislative committees, and those committees must make records available promptly or justify any withholding in writing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. ) ## 9074. All requests to inspect any legislative record shall be made to the appropriate Rules Committee of each house of the Legislature or the Joint Rules Committee, except that all requests to inspect any legislative record in the possession of the Auditor General shall be made to the Joint Legislative Audit Committee. Such committees shall be considered to have custody of all legislative records and shall be responsible for making all legislative records available for inspection. Such committees shall promptly inform any person whether any legislative record shall be made available for inspection. Such legislative records shall be made available for inspection promptly and without unnecessary delay. Whenever such committee withholds any legislative record from inspection, within four working days of the request to inspect such record, the committee shall justify in writing the withholding of such record by demonstrating that the record in question is exempt under the express provisions of this article or that on the facts of the particular case the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record, provided that when the Legislature is not in session, such committee shall furnish such written justification within 10 working days of the request to inspect such record. The Rules Committee of each house, the Joint Rules Committee, and the Joint Legislative Audit Committee shall adopt written guidelines stating the procedures to be followed when making legislative records available for inspection. The amendment of this section made at the 1981–82 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law. (Amended by Stats. 1981, Ch. 1168, Sec. 1.)
  150. 9075.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. )

    Verify source ↗

    This section says the article does not override certain listed laws and does not require disclosure of several categories of legislative records, with some limited exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. ) ## 9075. Nothing in this article shall be construed to invalidate or affect the operation of Sections 10207, 10208, 10525, and 10526 of this code, or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article, or to require the disclosure of records that are any of the following: (a) Preliminary drafts, notes, or legislative memoranda, except as provided in Section 9080. (b) Records pertaining to pending litigation to which the Legislature is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1, until the litigation or claim has been finally adjudicated or otherwise settled. (c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, provided that the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Rules Committee shall determine whether disclosure of these records constitutes an unwarranted invasion of personal privacy. (d) Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications, provided that records of the total charges for any such communication shall be open for inspection. (e) Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures shall be open for inspection. (f) In the custody of or maintained by the Legislative Counsel, except those records in the public data base maintained by the Legislative Counsel that are described in Section 10248. Legislative records shall not be transferred to the custody of the Legislative Counsel to evade the disclosure provisions of this chapter. (g) In the custody of or maintained by the majority and minority caucuses and majority and minority consultants of each house of the Legislature, provided that legislative records shall not be transferred to the custody of the majority and minority caucuses and majority and minority consultants of each house of the Legislature to evade the disclosure provisions of this chapter. (h) Correspondence of and to individual Members of the Legislature and their staff, except as provided in Section 9080. (i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege. (j) Communications from private citizens to the Legislature, except as provided in Section 9080. (k) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature. (Amended by Stats. 1996, Ch. 928, Sec. 1. Effective January 1, 1997.)
  151. 9076.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. )

    Verify source ↗

    Any person may go to court to enforce a right to inspect legislative records, and the judge must set response and hearing times as quickly as possible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. ) ## 9076. Any person may institute proceedings for injunctive or declarative relief in any court of competent jurisdiction to enforce his right to inspect any legislative record or class of legislative records under this article. The times for responsive pleadings and for hearings in such proceedings shall be set by the judge of the court with the object of securing a decision as to such matters at the earliest possible time. (Added by Stats. 1975, Ch. 1246.)
  152. 9077.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. )

    Verify source ↗

    A person may petition the superior court to address allegedly withheld legislative records, and the court must order disclosure or require the committee to justify withholding if the statutory 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 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. ) ## 9077. Whenever it is made to appear by verified petition to the superior court of the county where the records or some part thereof are situated that certain legislative records are being improperly withheld from a member of the public, the court shall order the committee charged with withholding the records to disclose the legislative record or show cause why the committee should not do so. The court shall decide the case after examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code, papers filed by the parties and such oral argument and additional evidence as the court may allow. If the court finds that the committee’s decision to refuse disclosure is not justified under the provisions of Section 9074 or 9075, he shall order the committee to make the record available for inspection. If the judge determines that the committee was justified in refusing to make the record available for inspection, he shall return the item to the committee without disclosing its content with an order supporting the decision refusing disclosure. Any person who fails to obey the order of the court shall be cited to show cause why he is not in contempt of court. (Added by Stats. 1975, Ch. 1246.)
  153. 9078.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. )

    Verify source ↗

    If the plaintiff prevails in a Section 9077 lawsuit, the court must award court costs and reasonable attorney fees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. ) ## 9078. The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to Section 9077. (Added by Stats. 1975, Ch. 1246.)
  154. 9079.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. )

    Verify source ↗

    If the court finds a plaintiff’s case is clearly frivolous, the court must award court costs and reasonable attorney fees to the public agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. ) ## 9079. If the court finds that the plaintiff’s case is clearly frivolous, it shall award court costs and reasonable attorney fees to the public agency. (Added by Stats. 1975, Ch. 1246.)
  155. 9080.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. )

    Verify source ↗

    The section requires legislative committees and related rules committees to preserve certain legislative records, keep them in official files or with the State Archives, and adopt public-access procedures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 3.5. Legislative Open Records Act [9070 - 9080] ( Article 3.5 added by Stats. 1975, Ch. 1246. ) ## 9080. (a) The Legislature finds and declares that legislative records relating to bills, resolutions, or proposed constitutional amendments before the Legislature provide evidence of legislative intent that may be important in the subsequent interpretation of laws enacted in the Legislature. The Rules Committee of each house of the Legislature and the Joint Rules Committee shall inform each committee of the Senate and Assembly, and each joint committee of the Legislature, of their responsibility to preserve legislative records and make them available to the public. (b) Each committee of the Senate or Assembly, and each joint committee of the Legislature, having custody of legislative records relating to a bill, resolution, or proposed constitutional amendment assigned to that committee, shall maintain the legislative records described in subdivision (d) in an official committee file. The committee shall preserve those records in its custody, or, in the alternative, may arrange with the State Archives to lodge some or all of the records there under the condition that the records be preserved. (c) “Committee” for purposes of this section includes any entity of the Senate or Assembly responsible for preparing analyses of bills, resolutions, or proposed constitutional amendments that are to be put to a vote by a quorum of the members of the Senate or Assembly. (d) “Legislative records,” for purposes of this section, means records contained in an official committee file, including, but not limited to, all of the following: (1) Committee staff analyses. (2) Written testimony. (3) Background material submitted to the committee. (4) Press releases. (5) Written commentary submitted to the committee on a bill, resolution, or proposed constitutional amendment. For purposes of this paragraph, “written commentary” does not include the following: (A) Material not utilized by the staff of a fiscal committee in the preparation of any analysis for the members of that committee. (B) Communications determined by the committee or its staff to be confidential. (6) Versions of bills, resolutions, or proposed constitutional amendments assigned to the committee. (7) Relevant interim hearing materials, studies, case materials, and articles. (e) Legislative records contained in an official committee file shall be open to inspection and copying by the public, pursuant to Sections 9073 and 9074. Each committee of the Senate or Assembly, and each joint committee of the Legislature, shall adopt and implement written procedures consistent with Sections 9073 and 9074 for the public’s access to official committee files maintained in the committee’s office. The procedures shall provide for the time, place, and other conditions under which committee files may be inspected and copied. Each committee shall make copies of its written procedures available to the public. (f) The Rules Committee of each house of the Legislature or, alternatively, the Joint Rules Committee shall provide for the storage of any official committee file that is not maintained in the office of the committee that created the file or lodged with the State Archives. The Rules Committees of each house of the Legislature or the Joint Rules Committee, as the case may be, shall adopt and implement written procedures consistent with Section 9073 for the public’s access to official committee files so stored in its custody. The procedures shall provide for the time, place, and other conditions under which committee files may be inspected and copied, and the committee shall make copies of its written procedures available to the public. (g) Nothing in this section requires making any legislative record available for inspection that relates to any unchaptered bill, resolution, or proposed constitutional amendment introduced in the current legislative session, except in accordance with the requirements and limitations specified in Sections 9073, 9074, and 9075. (Added by Stats. 1996, Ch. 928, Sec. 2. Effective January 1, 1997.)
  156. 910.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A claim must be presented by the claimant or someone acting for the claimant, and it must include specified details about the claim and the loss or injury.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 910. A claim shall be presented by the claimant or by a person acting on his or her behalf and shall show all of the following: (a) The name and post office address of the claimant. (b) The post office address to which the person presenting the claim desires notices to be sent. (c) The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. (d) A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim. (e) The name or names of the public employee or employees causing the injury, damage, or loss, if known. (f) The amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. (Amended by Stats. 1998, Ch. 931, Sec. 174. Effective September 28, 1998.)
  157. 910.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A claim must be signed by the claimant or someone signing for the claimant, unless it is a qualifying claim against a local public entity for supplies, materials, equipment, or services presented on a regular business billhead or invoice.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 910.2. The claim shall be signed by the claimant or by some person on his behalf. Claims against local public entities for supplies, materials, equipment or services need not be signed by the claimant or on his behalf if presented on a billhead or invoice regularly used in the conduct of the business of the claimant. (Added by Stats. 1963, Ch. 1715.)
  158. 910.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The board must provide claim forms, and a person presenting a claim must use the form.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 910.4. The board shall provide forms specifying the information to be contained in claims against the state or a judicial branch entity. The person presenting a claim shall use the form in order that his or her claim is deemed in conformity with Sections 910 and 910.2. A claim may be returned to the person if it was not presented using the form. Any claim returned to a person may be resubmitted using the appropriate form. (Amended by Stats. 2005, Ch. 706, Sec. 19. Effective January 1, 2006.)
  159. 910.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A claim may be amended before the later of the Section 911.2 deadline or final board action, if the amendment concerns the same transaction or occurrence. Not amending a claim is not a defense in certain actions if the original claim substantially complied with the cited claim-filing rules.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 910.6. (a) A claim may be amended at any time before the expiration of the period designated in Section 911.2 or before final action thereon is taken by the board, whichever is later, if the claim as amended relates to the same transaction or occurrence which gave rise to the original claim. The amendment shall be considered a part of the original claim for all purposes. (b) A failure or refusal to amend a claim, whether or not notice of insufficiency is given under Section 910.8, shall not constitute a defense to any action brought upon the cause of action for which the claim was presented if the court finds that the claim as presented complied substantially with Sections 910 and 910.2 or a form provided under Section 910.4. (Added by Stats. 1963, Ch. 1715.)
  160. 910.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    If a claim is substantially insufficient, the board or its designee may give written notice of the defects within 20 days after the claim is presented, and the board may not act on the claim for 15 days after notice.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 910.8. If, in the opinion of the board or the person designated by it, a claim as presented fails to comply substantially with the requirements of Sections 910 and 910.2, or with the requirements of a form provided under Section 910.4 if a claim is presented pursuant thereto, the board or the person may, at any time within 20 days after the claim is presented, give written notice of its insufficiency, stating with particularity the defects or omissions therein. The notice shall be given in the manner prescribed by Section 915.4. The board may not take action on the claim for a period of 15 days after the notice is given. (Amended by Stats. 2005, Ch. 184, Sec. 2. Effective September 6, 2005.)
  161. 9100.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 4. Legislative Offices [9100 - 9104] ( Article 4 added by Stats. 1943, Ch. 1012. )

    Verify source ↗

    Legislative offices for members of the Legislature must be maintained at all times in specified state buildings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 4. Legislative Offices [9100 - 9104] ( Article 4 added by Stats. 1943, Ch. 1012. ) ## 9100. Legislative offices for the use of the Members of the Legislature in the performance of their legislative duties, shall be maintained at all times, and without regard to whether the Legislature is or is not in session, in the State Building in Los Angeles, in the State Building in San Francisco, in San Diego, and in a state building in Alameda County. (Amended by Stats. 1947, Ch. 1552.)
  162. 91000.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    A person who knowingly or willfully violates this title commits a misdemeanor, may be fined, and prosecution must begin within four years of the violation.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91000. (a) Any person who knowingly or willfully violates any provision of this title is guilty of a misdemeanor. (b) In addition to other penalties provided by law, a fine of up to the greater of ten thousand dollars ($10,000) or three times the amount the person failed to report properly or unlawfully contributed, expended, gave or received may be imposed upon conviction for each violation. (c) Prosecution for violation of this title must be commenced within four years after the date on which the violation occurred. (Repealed and added by Stats. 2000, Ch. 102, Sec. 73. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102.)
  163. 91000.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    An administrative action alleging a violation of this title must be started within five years of the violation, and service of the probable cause hearing notice counts as commencement.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91000.5. An administrative action brought pursuant to Chapter 3 (commencing with Section 83100) alleging a violation of any of the provisions of this title shall not be commenced more than five years after the date on which the violation occurred. (a) The service of the probable cause hearing notice, as required by Section 83115.5, upon the person alleged to have violated this title shall constitute the commencement of the administrative action. (b) If the person alleged to have violated this title engages in the fraudulent concealment of the person’s acts or identity, the five-year period shall be tolled for the period of the concealment. For purposes of this subdivision, “fraudulent concealment” means the person knows of material facts related to the person’s duties under this title and knowingly conceals them in performing or omitting to perform those duties, for the purpose of defrauding the public of information to which it is entitled under this title. (c) If, upon being ordered by a superior court to produce any documents sought by a subpoena in any administrative proceeding under Chapter 3 (commencing with Section 83100), the person alleged to have violated this title fails to produce documents in response to the order by the date ordered to comply therewith, the five-year period shall be tolled for the period of the delay from the date of filing of the motion to compel until the date the documents are produced. (Amended by Stats. 2021, Ch. 50, Sec. 234. (AB 378) Effective January 1, 2022.)
  164. 91001.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    This section assigns enforcement authority for criminal and civil provisions of the title among the Attorney General, district attorneys, the civil prosecutor, and the commission.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91001. (a) The Attorney General is responsible for enforcing the criminal provisions of this title with respect to state agencies, lobbyists and state elections. The district attorney of any county in which a violation occurs has concurrent powers and responsibilities with the Attorney General. (b) The civil prosecutor is primarily responsible for enforcement of the civil penalties and remedies of this title. The civil prosecutor is the commission with respect to the state or any state agency, except itself. The Attorney General is the civil prosecutor with respect to the commission. The district attorneys are the civil prosecutors with respect to any other agency. The civil prosecutor may bring any civil action under this title which could be brought by a voter or resident of the jurisdiction. Upon written authorization from a district attorney, the commission may bring any civil action under this title which could be brought by a voter or resident of the jurisdiction. Under such circumstances, Section 91007 shall not apply to the commission. (c) Whether or not a violation is inadvertent, negligent or deliberate, and the presence or absence of good faith shall be considered in applying the remedies and sanctions of this title. (Amended by Stats. 1979, Ch. 357. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  165. 91001.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    A charter city’s elected city attorney may act as civil or criminal prosecutor for title violations in the city when the district attorney could do so under this title.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91001.5. In any case in which a district attorney could act as the civil or criminal prosecutor under the provisions of this title, the elected city attorney of any charter city may act as the civil or criminal prosecutor with respect to any violations of this title occurring within the city. (Added by Stats. 1976, Ch. 594.)
  166. 91002.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    A person convicted of a misdemeanor under this title cannot be a candidate for elective office or work as a lobbyist for four years after conviction, unless the sentencing court says the rule does not apply.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91002. No person convicted of a misdemeanor under this title shall be a candidate for any elective office or act as a lobbyist for a period of four years following the date of the conviction unless the court at the time of sentencing specifically determines that this provision shall not be applicable. A plea of nolo contendere shall be deemed a conviction for purposes of this section. Any person violating this section is guilty of a felony. (Added June 4, 1974, by initiative Proposition 9.)
  167. 91003.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    People living in the jurisdiction may ask a court for injunctions to stop violations or force compliance with this title, and the court can also award costs and attorney’s fees to the winner.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91003. (a) Any person residing in the jurisdiction may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this title. The court may in its discretion require any plaintiff other than the commission to file a complaint with the commission prior to seeking injunctive relief. The court may award to a plaintiff or defendant who prevails that party’s costs of litigation, including reasonable attorney’s fees. (b) Upon a preliminary showing in an action brought by a person residing in the jurisdiction that a violation of Article 1 (commencing with Section 87100), Article 4 (commencing with Section 87400), or Article 4.5 (commencing with Section 87450) of Chapter 7 of this title or of a disqualification provision of a conflict of interest code has occurred, the court may restrain the execution of any official action in relation to which such a violation occurred, pending final adjudication. If it is ultimately determined that a violation has occurred and that the official action might not otherwise have been taken or approved, the court may set the official action aside as void. The official actions covered by this subsection include, but are not limited to, orders, permits, resolutions, and contracts, but do not include the enactment of any state legislation. In considering the granting of preliminary or permanent relief under this subsection, the court shall accord due weight to any injury that may be suffered by innocent persons relying on the official action. (Amended by Stats. 2021, Ch. 50, Sec. 235. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  168. 91003.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    A person who violates specified Chapter 7 ethics provisions may be disciplined by their agency, including dismissal.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91003.5. Any person who violates a provision of Article 2 (commencing with Section 87200), 3 (commencing with Section 87300), or 4.5 (commencing with Section 87450) of Chapter 7 is subject to discipline by that person’s agency, including dismissal, consistent with any applicable civil service or other personnel laws, regulations, and procedures. (Amended by Stats. 2021, Ch. 50, Sec. 236. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  169. 91004.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    A person who intentionally or negligently violates the title’s reporting requirements can be sued and may owe no more than the amount or value that was not properly reported.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91004. Any person who intentionally or negligently violates any of the reporting requirements of this title shall be liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction for an amount not more than the amount or value not properly reported. (Repealed and added by Stats. 2000, Ch. 102, Sec. 76. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102.)
  170. 91005.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    This section makes people liable in civil actions if they make or receive certain unlawful contributions, gifts, or expenditures, or if specified officials realize an economic benefit from certain conflict-of-interest violations.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91005. (a) Any person who makes or receives a contribution, gift, or expenditure in violation of Section 84300, 84304, 86203, or 86204 is liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction for an amount up to one thousand dollars ($1,000) or three times the amount of the unlawful contribution, gift, or expenditure, whichever amount is greater. (b) Any designated employee or public official specified in Section 87200, except an elected state officer, who realizes an economic benefit as a result of a violation of Section 87100 or of a disqualification provision of a conflict of interest code is liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction for an amount up to three times the value of the benefit. (Amended by Stats. 2000, Ch. 130, Sec. 11. Effective January 1, 2001. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  171. 91005.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    Violators of this title can face a civil action and a penalty of up to $5,000 per violation, unless a specific civil penalty is already provided for certain listed sections.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91005.5. Any person who violates any provision of this title, except Sections 84305, 84307, and 89001, for which no specific civil penalty is provided, shall be liable in a civil action brought by the commission or the district attorney pursuant to subdivision (b) of Section 91001, or the elected city attorney pursuant to Section 91001.5, for an amount up to five thousand dollars ($5,000) per violation. No civil action alleging a violation of this title may be filed against a person pursuant to this section if the criminal prosecutor is maintaining a criminal action against that person pursuant to Section 91000. The provisions of this section shall be applicable only as to violations occurring after the effective date of this section. (Repealed and added by Stats. 2000, Ch. 102, Sec. 79. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102.)
  172. 91006.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    If two or more people are responsible for a violation, they are jointly and severally liable.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91006. If two or more persons are responsible for any violation, they shall be jointly and severally liable. (Repealed and added by Stats. 2000, Ch. 102, Sec. 82. Approved in Proposition 34 at the November 7, 2000, election. Operative January 1, 2001, by Sec. 83 of Ch. 102.)
  173. 91007.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    Before filing certain civil actions, a person must first ask the civil prosecutor in writing to commence the action. The request must explain the grounds, and the civil prosecutor must respond in writing. If a complaint is filed later, notice must be served on the commission within 10 days.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91007. (a) Any person, before filing a civil action pursuant to Sections 91004 and 91005, must first file with the civil prosecutor a written request for the civil prosecutor to commence the action. The request shall include a statement of the grounds for believing a cause of action exists. The civil prosecutor shall respond to the person in writing, indicating whether the civil prosecutor intends to file a civil action. (1) If the civil prosecutor responds in the affirmative and files suit within 120 days from receipt of the written request to commence the action, no other action may be brought unless the action brought by the civil prosecutor is dismissed without prejudice as provided for in Section 91008. (2) If the civil prosecutor responds in the negative within 120 days from receipt of the written request to commence the action, the person requesting the action may proceed to file a civil action upon receipt of the response from the civil prosecutor. If, pursuant to this subdivision, the civil prosecutor does not respond within 120 days, the civil prosecutor shall be deemed to have provided a negative written response to the person requesting the action on the 120th day and the person shall be deemed to have received that response. (3) The time period within which a civil action shall be commenced, as set forth in Section 91011, shall be tolled from the date of receipt by the civil prosecutor of the written request to either the date that the civil action is dismissed without prejudice or the date of receipt by the person of the negative response from the civil prosecutor, but only for a civil action brought by the person who requested the civil prosecutor to commence the action. (b) Any person filing a complaint, cross-complaint, or other initial pleading in a civil action pursuant to Section 91003, 91004, 91005, or 91005.5 shall, within 10 days of filing the complaint, cross-complaint, or initial pleading, serve on the commission a copy of the complaint, cross-complaint, or initial pleading or a notice containing all of the following: (1) The full title and number of the case. (2) The court in which the case is pending. (3) The name and address of the attorney for the person filing the complaint, cross-complaint, or other initial pleading. (4) A statement that the case raises issues under the Political Reform Act of 1974. (c) A complaint, cross-complaint, or other initial pleading shall not be dismissed for failure to comply with subdivision (b). (Amended by Stats. 2021, Ch. 50, Sec. 237. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
  174. 91008.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    Only one judgment on the merits may be obtained for a violation under Sections 91004 and 91005, and related actions must be handled in filing order.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91008. Not more than one judgment on the merits with respect to any violation may be obtained under Sections 91004 and 91005. Actions brought for the same violation or violations shall have precedence for purposes of trial in order of the time filed. Such actions shall be dismissed once judgment has been entered or a settlement approved by the court in a previously filed action. The court may dismiss a pending action without prejudice to any other action for failure of the plaintiff to proceed diligently and in good faith. The action may be so dismissed on motion of the civil prosecutor or any plaintiff in an action based on the same violation. (Added June 4, 1974, by initiative Proposition 9.)
  175. 91008.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    A civil action under Sections 91004, 91005, or 91005.5 cannot be filed against a person for violations of this title after the commission has issued a Section 83116 order against that person for the same violation.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91008.5. No civil action may be filed under Section 91004, 91005, or 91005.5 with regard to any person for any violations of this title after the commission has issued an order pursuant to Section 83116 against that person for the same violation. (Added by Stats. 1984, Ch. 670, Sec. 4.)
  176. 91009.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    The court may consider the seriousness of the violation and the defendant’s culpability when setting liability. If judgment is entered in an action under Sections 91004 or 91005, the plaintiff receives 50% of the recovery, and the remaining 50% goes to the state General Fund. In an action brought by a civil prosecutor, the full recovery is paid to the general fund or treasury.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91009. In determining the amount of liability under Sections 91004 or 91005, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. If a judgment is entered against the defendant or defendants in an action brought under Section 91004 or 91005, the plaintiff shall receive fifty percent of the amount recovered. The remaining fifty percent shall be deposited in the General Fund of the state. In an action brought by the civil prosecutor, the entire amount recovered shall be paid to the general fund or treasury of the jurisdiction. (Added June 4, 1974, by initiative Proposition 9.)
  177. 9101.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 4. Legislative Offices [9100 - 9104] ( Article 4 added by Stats. 1943, Ch. 1012. )

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    The legislative offices in this article are managed and controlled by the Senate Committee on Rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 4. Legislative Offices [9100 - 9104] ( Article 4 added by Stats. 1943, Ch. 1012. ) ## 9101. The legislative offices provided for in this article shall be under the management and control of the Senate Committee on Rules. (Amended by Stats. 1968, Ch. 312.)
  178. 91012.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    The court may award litigation costs and reasonable attorney’s fees to a prevailing plaintiff or defendant, unless the party is an agency. On motion, the court must require a private plaintiff to post a reasonable bond to secure payment of costs.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91012. The court may award to a plaintiff or defendant other than an agency, who prevails in any action authorized by this title, that party’s costs of litigation, including reasonable attorney’s fees. On motion of any party, a court shall require a private plaintiff to post a bond in a reasonable amount at any stage of the litigation to guarantee payment of costs. (Amended by Stats. 2021, Ch. 50, Sec. 238. (AB 378) Effective January 1, 2022.)
  179. 91013.5.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    The commission or filing officer may sue in superior court to collect unpaid penalties, fees, or civil penalties, and the case must be started within four years after the amount was imposed.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91013.5. (a) In addition to any other available remedies, the commission or the filing officer may bring a civil action and obtain a judgment in superior court for the purpose of collecting any unpaid monetary penalties, fees, or civil penalties imposed pursuant to this title. The action may be filed as a small claims, limited civil, or unlimited civil case, depending on the jurisdictional amount. The venue for this action shall be in the county where the monetary penalties, fees, or civil penalties were imposed by the commission or the filing officer. In order to obtain a judgment in a proceeding under this section, the commission or filing officer shall show, following the procedures and rules of evidence as applied in ordinary civil actions, all of the following: (1) That the monetary penalties, fees, or civil penalties were imposed following the procedures set forth in this title and implementing regulations. (2) That the defendant or defendants in the action were notified, by actual or constructive notice, of the imposition of the monetary penalties, fees, or civil penalties. (3) That a demand for payment has been made by the commission or the filing officer and full payment has not been received. (b) A civil action brought pursuant to subdivision (a) shall be commenced within four years after the date on which the monetary penalty, fee, or civil penalty was imposed. (Amended by Stats. 2004, Ch. 483, Sec. 5. Effective January 1, 2005.)
  180. 91013.7.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    The Commission may ask the court clerk to enter a judgment to collect penalties after review is over or time for review has expired.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91013.7. (a) If the time for judicial review of a final Commission order or decision has lapsed, or if all means of judicial review of the order or decision have been exhausted, the Commission may apply to the clerk of the court for a judgment to collect the penalties imposed by the order or decision, or the order as modified in accordance with a decision on judicial review. (b) The application, which shall include a certified copy of the order or decision, or the order as modified in accordance with a decision on judicial review, and proof of service of the order or decision, constitutes a sufficient showing to warrant issuance of the judgment to collect the penalties. The clerk of the court shall enter the judgment immediately in conformity with the application. (c) An application made pursuant to this section shall be made to the clerk of the superior court in the county where the monetary penalties, fees, or civil penalties were imposed by the Commission. (d) A judgment entered in accordance with this section has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action and may be enforced in the same manner as any other judgment of the court in which it is entered. (e) The Commission may bring an application pursuant to this section only within four years after the date on which the monetary penalty, fee, or civil penalty was imposed. (f) The remedy available under this section is in addition to those available under Section 91013.5 or any other law. (Added by Stats. 2013, Ch. 645, Sec. 1. (AB 552) Effective January 1, 2014.)
  181. 91014.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. )

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    This section says this chapter does not exempt anyone from other applicable state laws.

    ## Government Code - GOV ## TITLE 9. POLITICAL REFORM [81000 - 91014] ( Title 9 added June 4, 1974, by initiative Proposition 9. ) ## CHAPTER 11. Enforcement [91000 - 91014] ( Chapter 11 added June 4, 1974, by initiative Proposition 9. ) ## 91014. Nothing in this chapter shall exempt any person from applicable provisions of any other laws of this state. (Added June 4, 1974, by initiative Proposition 9.)
  182. 9103.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 4. Legislative Offices [9100 - 9104] ( Article 4 added by Stats. 1943, Ch. 1012. )

    Verify source ↗

    The Department of General Services must provide office space for the offices covered by this article in specified state and county buildings, and must maintain and keep them up.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 4. Legislative Offices [9100 - 9104] ( Article 4 added by Stats. 1943, Ch. 1012. ) ## 9103. The Department of General Services shall provide suitable office space in the State Building in Los Angeles and in the State Building in San Francisco and in an appropriate building in San Diego County and in a state building in Alameda County for the offices provided for in this article, and shall provide for the maintenance and upkeep of the same. (Amended by Stats. 1965, Ch. 371.)
  183. 9104.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 4. Legislative Offices [9100 - 9104] ( Article 4 added by Stats. 1943, Ch. 1012. )

    Verify source ↗

    Appropriations for the support of the offices in this article must be included in the Budget Bill.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 4. Legislative Offices [9100 - 9104] ( Article 4 added by Stats. 1943, Ch. 1012. ) ## 9104. Appropriations for the support of the offices provided for in this article shall be included in the Budget Bill. (Added by Stats. 1943, Ch. 1012.)
  184. 9105.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. )

    Verify source ↗

    This section says the State Capitol Building Annex is the annex to the historic State Capitol in Sacramento.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. ) ## 9105. The State Capitol Building Annex is the annex to the historic State Capitol, constructed to the east of the original building, situated in the area bounded by 10th, L, 15th and N Streets in the City of Sacramento. (Amended by Stats. 1984, Ch. 1757, Sec. 2. Effective October 1, 1984.)
  185. 9105.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. )

    Verify source ↗

    Construction, restoration, rehabilitation, renovation, or reconstruction work under Article 5.2 must include specified design and historical features, including a Native American mural in a main hearing room.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. ) ## 9105.5. (a) Any work of construction, restoration, rehabilitation, renovation, or reconstruction undertaken pursuant to Article 5.2 (commencing with Section 9112) shall do all of the following: (1) Incorporate elements complementary to the historic State Capitol, elements to make the newly constructed State Capitol Building Annex or the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex efficient and sustainable, and historic elements from the existing State Capitol Building Annex described in Section 9105. (2) Integrate within its design elements that educate and impress upon visitors the rich heritage of symbolism that earlier generations of Californians made a vital part of the palette of the historic State Capitol design so as to convey the meaning of California’s self-governance and the state’s unique and ever-distinctive heritage. (3) Incorporate symbolic treasures, as is befitting the heritage of symbols left by California’s founders for current and future generations to enjoy and explore, so as to ensure that the legislative and executive branch working spaces in the newly constructed State Capitol Building Annex or the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex are no longer barren and devoid of the enriching presence of those symbols of self-governance. (4) Incorporate a mural honoring Native Americans in California in one of the main hearing rooms in the newly constructed State Capitol Building Annex or the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex. The mural shall be designed in consultation with the Native American Heritage Commission to ensure that it contains accurate depictions of Native Americans in California. (b) It is the intent of the Legislature that any newly constructed State Capitol Building Annex or the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex be designed to welcome all visitors to a safe, healthful, accessible, and working State Capitol, including historic chambers supported by needed caucusing spaces, offices for the Chief Clerk of the Assembly, the Secretary of the Senate, and the Legislative Counsel, hearing spaces to facilitate the convenient conduct of hearings during sessions, and space for the Sergeants at Arms, so that all Californians may effectively engage with their elected representatives and their state government in meaningful, participatory, and deliberative democracy. (Amended by Stats. 2024, Ch. 80, Sec. 60. (SB 1525) Effective January 1, 2025.)
  186. 9106.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. )

    Verify source ↗

    The State Capitol Building Annex is primarily for the legislative department’s use and, unless this article says otherwise, must be used exclusively for that purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. ) ## 9106. The State Capitol Building Annex is intended primarily for the use of the legislative department and, except as otherwise provided in this article, shall be devoted exclusively to such use. (Amended by Stats. 1984, Ch. 1757, Sec. 3. Effective October 1, 1984.)
  187. 9107.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. )

    Verify source ↗

    This section creates the Joint Rules Committee, gives it continuing existence and powers, and sets a majority-vote rule for its actions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. ) ## 9107. There is hereby created the Joint Rules Committee which shall have the membership specified in the Joint Rules of the Senate and the Assembly. The committee herein created has a continuing existence and may meet and act during sessions of the Legislature or any recess thereof and in the interim periods between sessions. The provisions of the Joint Rules of the Senate and Assembly relating to investigating committees shall apply to the committee herein created and it shall have all the powers and authority provided in said rules, in Section 11 of Article IV of the Constitution of California, and in this article. Any action of the committee shall require an affirmative vote of not less than a majority of the Senate members and a majority of the Assembly members of the committee. (Amended by Stats. 1972, Ch. 618.)
  188. 9107.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. )

    Verify source ↗

    References to the Joint Committee on Legislative Organization must be read as references to the Joint Rules Committee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. ) ## 9107.5. Any reference in any code or statute to the Joint Committee on Legislative Organization shall be deemed a reference to the Joint Rules Committee. (Amended by Stats. 1972, Ch. 618.)
  189. 9108.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. )

    Verify source ↗

    The first floor of the State Capitol Building Annex is excluded from this article, and the remaining space is to be allocated by the Joint Rules Committee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. ) ## 9108. The first floor of the State Capitol Building Annex is excepted from the provisions of this article. Such excepted space shall continue under the control of the Department of General Services. All other space in the State Capitol Building Annex shall be allocated from time to time by the Joint Rules Committee in accordance with its determination of the needs of the Legislature and the two houses thereof. The committee shall allocate such space as it determines to be necessary for facilities and agencies dealing with the Legislature as a whole including, but not limited to, press quarters, billrooms, telephone rooms, and offices for the Legislative Counsel and for committees created by the two houses jointly. The committee shall allocate to the Senate and Assembly, respectively, the space it determines to be needed by those houses and their committees and the officers, employees, and attachés thereof. The space thus allocated to the Senate and to the Assembly shall be allotted from time to time by the Senate Rules Committee and the Assembly Rules Committee, respectively. (Amended by Stats. 1984, Ch. 1757, Sec. 4. Effective October 1, 1984.)
  190. 9109.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. )

    Verify source ↗

    The Joint Rules Committee may release excess Annex space for executive branch use, but only after it determines the space exceeds legislative needs and by notifying the Director of General Services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. ) ## 9109. The determination of the Joint Rules Committee as to the needs of the Legislature shall be subject to change only by action of the committee or by concurrent resolution. If, at any time, the committee determines that there is space in the State Capitol Building Annex in excess of the needs of the legislative branch of the state government, it may release that space for use by the executive branch of the state government until such time as the space is needed by the legislative branch. The release shall be effected by notifying the Director of General Services that certain described space is not necessary for the use by the Legislature for the time being. Thereafter, the Department of General Services, until such time as the Director of General Services is notified that the space has become needed by the legislative branch, shall have the same jurisdiction over the excess space as if this article had not been enacted. (Amended by Stats. 1984, Ch. 1757, Sec. 5. Effective October 1, 1984.)
  191. 911.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A defense based on a defect or omission in a claim is waived if no insufficiency notice is given under Section 910.8, except when the claim omits either the claimant’s address or the address for sending notices.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 911. Any defense as to the sufficiency of the claim based upon a defect or omission in the claim as presented is waived by failure to give notice of insufficiency with respect to the defect or omission as provided in Section 910.8, except that no notice need be given and no waiver shall result when the claim as presented fails to state either an address to which the person presenting the claim desires notices to be sent or an address of the claimant. (Amended by Stats. 2005, Ch. 184, Sec. 3. Effective September 6, 2005.)
  192. 911.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Claims must be presented within 6 months for death or personal injury/property/crops claims, or within 1 year for other claims, with special timing rules for the claim-presentation date when a filing fee or fee waiver is involved.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 911.2. (a) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) not later than one year after the accrual of the cause of action. (b) For purposes of determining whether a claim was commenced within the period provided by law, the date the claim was presented to the Department of General Services is one of the following: (1) The date the claim is submitted with a twenty-five dollar ($25) filing fee. (2) If a fee waiver is granted, the date the claim was submitted with the affidavit requesting the fee waiver. (3) If a fee waiver is denied, the date the claim was submitted with the affidavit requesting the fee waiver, provided the filing fee is paid to the department within 10 calendar days of the mailing of the notice of the denial of the fee waiver. (Amended by Stats. 2016, Ch. 31, Sec. 38. (SB 836) Effective June 27, 2016.)
  193. 911.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    If a claim was filed late, the board or its designee may send a written notice returning it within 45 days after presentation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 911.3. (a) When a claim that is required by Section 911.2 to be presented not later than six months after accrual of the cause of action is presented after such time without the application provided in Section 911.4, the board or other person designated by it may, at any time within 45 days after the claim is presented, give written notice to the person presenting the claim that the claim was not filed timely and that it is being returned without further action. The notice shall be in substantially the following form: “The claim you presented to the (insert title of board or officer) on (indicate date) is being returned because it was not presented within six months after the event or occurrence as required by law. See Sections 901 and 911.2 of the Government Code. Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay to (name of public entity) for leave to present a late claim. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately.” (b) Any defense as to the time limit for presenting a claim described in subdivision (a) is waived by failure to give the notice set forth in subdivision (a) within 45 days after the claim is presented, except that no notice need be given and no waiver shall result when the claim as presented fails to state either an address to which the person presenting the claim desires notices to be sent or an address of the claimant. (Amended by Stats. 1987, Ch. 1208, Sec. 4.)
  194. 911.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A late claim may be submitted to the public entity for leave if the original claim missed the six-month deadline, but the application must be filed within one year of accrual and explain the delay.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 911.4. (a) When a claim that is required by Section 911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a written application may be made to the public entity for leave to present that claim. (b) The application shall be presented to the public entity as provided in Article 2 (commencing with Section 915) within a reasonable time not to exceed one year after the accrual of the cause of action and shall state the reason for the delay in presenting the claim. The proposed claim shall be attached to the application. (c) In computing the one-year period under subdivision (b), the following shall apply: (1) The time during which the person who sustained the alleged injury, damage, or loss as a minor shall be counted, but the time during which he or she is mentally incapacitated and does not have a guardian or conservator of his or her person shall not be counted. (2) The time shall not be counted during which the person is detained or adjudged to be a dependent child of the juvenile court under the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code), if both of the following conditions exist: (A) The person is in the custody and control of an agency of the public entity to which a claim is to be presented. (B) The public entity or its agency having custody and control of the minor is required by statute or other law to make a report of injury, abuse, or neglect to either the juvenile court or the minor’s attorney, and that entity or its agency fails to make this report within the time required by the statute or other enactment, with this time period to commence on the date on which the public entity or its agency becomes aware of the injury, neglect, or abuse. In circumstances where the public entity or its agency makes a late report, the claim period shall be tolled for the period of the delay caused by the failure to make a timely report. (3) The time shall not be counted during which a minor is adjudged to be a dependent child of the juvenile court under the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code), if the minor is without a guardian ad litem or conservator for purposes of filing civil actions. (Amended by Stats. 2003, Ch. 847, Sec. 2. Effective January 1, 2004.)
  195. 911.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

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    The board must decide an application within 45 days after it is presented. The claimant and the board may extend that period by written agreement made before it expires. If the board does not act in time, the application is deemed denied.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 911.6. (a) The board shall grant or deny the application within 45 days after it is presented to the board. The claimant and the board may extend the period within which the board is required to act on the application by written agreement made before the expiration of the period. (b) The board shall grant the application if one or more of the following is applicable: (1) The failure to present the claim was through mistake, inadvertence, surprise, or excusable neglect and the public entity was not prejudiced in its defense of the claim by the failure to present the claim within the time specified in Section 911.2. (2) The person who sustained the alleged injury, damage, or loss was a minor during all of the time specified in Section 911.2 for the presentation of the claim. (3) The person who sustained the alleged injury, damage, or loss was a minor during any of the time specified in Section 911.2 for the presentation of the claim, provided the application is presented within six months of the person turning 18 years of age or a year after the claim accrues, whichever occurs first. (4) The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during all of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time. (5) The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during any of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time, provided the application is presented within six months of the person no longer being physically or mentally incapacitated, or a year after the claim accrues, whichever occurs first. (6) The person who sustained the alleged injury, damage, or loss died before the expiration of the time specified in Section 911.2 for the presentation of the claim. (c) If the board fails or refuses to act on an application within the time prescribed by this section, the application shall be deemed to have been denied on the 45th day or, if the period within which the board is required to act is extended by agreement pursuant to this section, the last day of the period specified in the agreement. (Amended by Stats. 2021, Ch. 218, Sec. 1. (SB 501) Effective January 1, 2022.)
  196. 911.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

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    The board must give written notice of its action on an application, and if the application is denied, the notice must include a warning about seeking court relief and filing within six months.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Presentation and Consideration of Claims [910 - 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. General [910 - 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 911.8. (a) Written notice of the board’s action upon the application shall be given in the manner prescribed by Section 915.4. (b) If the application is denied, the notice shall include a warning in substantially the following form: “WARNING “If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. “You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately.” (Amended by Stats. 1974, Ch. 620.)
  197. 9110.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. )

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    The Department of General Services controls maintenance and operation of the State Capitol Building Annex, and the California Highway Patrol is responsible for its security.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. ) ## 9110. (a) The maintenance and operation of all of the State Capitol Building Annex is under the control of the Department of General Services, subject to this article. (b) Security of the State Capitol Building Annex is the responsibility of the Department of the California Highway Patrol. (Amended by Stats. 1996, Ch. 305, Sec. 11. Effective January 1, 1997.)
  198. 9111.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. )

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    The Joint Rules Committee may participate in the National Conference of State Legislatures, and the committee may pay its share of conference expenses if funds are appropriated for that purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5. The State Capitol Building Annex [9105 - 9111] ( Heading of Article 5 amended by Stats. 1984, Ch. 1757, Sec. 1. ) ## 9111. The Joint Rules Committee may participate in the work of the National Conference of State Legislatures. The following Members of the Legislature are authorized to act as members of the committee for the purpose of attending meetings of the conference: (1) the President pro Tempore of the Senate, and one Member of the Senate from each of the two major political parties, appointed by the Senate Committee on Rules, and (2) the Speaker, Speaker pro Tempore, Majority Floor Leader, and Minority Floor Leader of the Assembly, and the chairperson of the Assembly Committee on Rules. The committee may pay annually from the Operating Funds of the Assembly and Senate its proportionate share of the expenses of the National Conference of State Legislatures, in participation with other states, to the extent that funds are appropriated for that purpose. (Amended by Stats. 2017, Ch. 561, Sec. 77. (AB 1516) Effective January 1, 2018.)
  199. 9112.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5.2. State Capitol Building Annex Act of 2016 [9112 - 9114.5] ( Article 5.2 added by Stats. 2016, Ch. 31, Sec. 65. )

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    The Joint Rules Committee may undertake annex-related construction work, but the work must be managed through a specified agreement and prevailing wages must be paid to workers on covered projects.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5.2. State Capitol Building Annex Act of 2016 [9112 - 9114.5] ( Article 5.2 added by Stats. 2016, Ch. 31, Sec. 65. ) ## 9112. (a) (1) Notwithstanding any other law, including Section 9108, the Joint Rules Committee may pursue the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the State Capitol Building Annex described in Section 9105 and any other ancillary improvements to effectuate the purposes of this article. (2) Projects authorized pursuant to this section may be pursued in phases and may include a visitor center, a relocated and expanded underground parking facility, and any related or necessary deconstruction and infrastructure work. (b) (1) All work performed pursuant to this article shall be executed and managed by the Joint Rules Committee pursuant to its authority described in subdivision (a). The Department of General Services shall provide counsel and advice to the Joint Rules Committee for purposes of the work. The work shall be undertaken pursuant to an agreement between the Joint Rules Committee, the Department of Finance or its designated representative, and the Department of General Services or its designated representative. (2) The agreement entered into pursuant to paragraph (1) shall establish the scope, budget, delivery method, and schedule for any work undertaken pursuant to this article. (3) (A) Notwithstanding any other law, the Joint Rules Committee, the Department of Finance or its designated representative, and the Department of General Services or its designated representative, pursuant to the agreement entered into pursuant to paragraph (1), may agree to utilize any delivery method deemed appropriate and advantageous for the work performed pursuant to this article. (B) Notwithstanding any other law, any changes to the scope of the projects authorized by this section shall be agreed upon by the Joint Rules Committee, the Department of Finance or its designated representative, and the Department of General Services or its designated representative, pursuant to the agreement entered into pursuant to paragraph (1). (c) (1) Notwithstanding any other law, all work performed pursuant to this article shall be exempt from all of the following: (A) The State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code). (B) Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3. (C) Chapter 2.1 (commencing with Section 15813) of Part 10b of Division 3. (D) Section 2807 of the Penal Code. (E) Sections 5024 and 5024.5 of the Public Resources Code. (F) Division 13 (commencing with Section 21000) of the Public Resources Code. (2) Notwithstanding any other law, the inclusion of office space for or an emergency dispatch center of the Department of the California Highway Patrol, including any associated telecommunications or radio equipment, in the state capitol building annex constructed or the existing State Capitol Building Annex described in Section 9105 restored, rehabilitated, renovated, or reconstructed pursuant to this article shall not subject any part of the projects authorized by this article, including that office space or emergency dispatch center, to any of the following: (A) The Essential Services Buildings Seismic Safety Act of 1986 (Chapter 2 (commencing with Section 16000) of Division 12.5 of the Health and Safety Code). (B) Any other law that would not otherwise apply to the projects authorized by this article but for the inclusion of the office space for or emergency dispatch center of the Department of the California Highway Patrol (C) Any rule, regulation, standard, or requirement promulgated or enforced by the Division of the State Architect or the Office of the State Fire Marshal pursuant to the laws described in subparagraphs (A) and (B). (3) Notwithstanding any other law, for purposes of work performed pursuant to this article involving the Department of General Services, the department may enter into negotiations directly with any firm for the provision of services described in Section 4525. (d) Prevailing wages shall be paid to all workers employed on a project that is subject to this article, in accordance with Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code. (Amended by Stats. 2024, Ch. 74, Sec. 2. (SB 174) Effective July 2, 2024.)
  200. 9112.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5.2. State Capitol Building Annex Act of 2016 [9112 - 9114.5] ( Article 5.2 added by Stats. 2016, Ch. 31, Sec. 65. )

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    Certain General Fund amounts must be transferred to the State Project Infrastructure Fund and used for projects authorized by Section 9112.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 5.2. State Capitol Building Annex Act of 2016 [9112 - 9114.5] ( Article 5.2 added by Stats. 2016, Ch. 31, Sec. 65. ) ## 9112.5. (a) It is the intent of the Legislature that available cash sources, including, but not limited to, an allocation of the moneys deposited into the State Project Infrastructure Fund prior to 2018 and moneys appropriated in the Budget Acts of 2018, 2021, and 2022, be used to fund the projects authorized by Section 9112. (b) (1) Notwithstanding any other law, the following amounts from the General Fund are hereby appropriated in the following fiscal years for purposes specified in paragraph (2) and shall be transferred to the State Project Infrastructure Fund: (A) Three hundred million dollars ($300,000,000) in the 2024–25 fiscal year. (B) Two hundred fifty million dollars ($250,000,000) in the 2025–26 fiscal year. (C) One hundred fifty million dollars ($150,000,000) in the 2026–27 fiscal year. (2) The transfers required by paragraph (1) shall be used to fund the acquisition, design, construction, and equipping of projects authorized by Section 9112. (3) Subject to paragraph (4), the amounts identified in subparagraphs (B) and (C) of paragraph (1) shall be transferred by the Controller to the State Project Infrastructure Fund upon direction by the Director of Finance in the fiscal years identified in those subparagraphs. The Director of Finance shall direct the Controller to transfer those funds upon request by the Joint Rules Committee in the fiscal years identified in subparagraphs (B) and (C) of paragraph (1). (4) If needed to provide timely payments for the acquisition, design, construction, and equipping of projects authorized by Section 9112, the Director of Finance, upon receipt of an amended transfer schedule provided by the Joint Rules Committee, shall augment the funds listed in paragraph (1) in any fiscal year with a corresponding reduction in the subsequent fiscal year or years. Any augmentation pursuant to this paragraph shall not result in the cumulative amount required to be transferred during the 2024–25 fiscal year through the 2026–27 fiscal year by paragraph (1) exceeding seven hundred million dollars ($700,000,000). An amended transfer schedule provided by the Joint Rules Committee may also delay a portion of funds for each fiscal year to a subsequent fiscal year. (5) The Joint Rules Committee shall confer with the Department of Finance and the Department of General Services or their designated representatives before submitting an amended transfer schedule pursuant to paragraph (4). (Amended by Stats. 2024, Ch. 74, Sec. 3. (SB 174) Effective July 2, 2024.)

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