Government Code — Part 104 | GOV — United States — California law | Esheria

Government Code

Part 104 of 107 · provisions 20,601–20,800

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. 9113.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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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    This section assigns control of some annex space to the Department of General Services and requires legislative committees to allocate and allot the remaining space.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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. ) ## 9113. An amount of space proportional to the amount of space utilized by the executive branch in the existing State Capitol Building Annex described in Section 9105, or another amount of space as determined by the agreement entered into pursuant to paragraph (1) of subdivision (b) of Section 9112, within any state capitol annex constructed, or within the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex described in Section 9105, shall be under the control of the Department of General Services. All other space in the newly constructed state capitol annex or the restored, rehabilitated, renovated, or reconstructed 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 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 allocated to the Senate and to the Assembly pursuant to this section shall be allotted from time to time by the Senate Rules Committee and the Assembly Rules Committee, respectively. (Added by Stats. 2018, Ch. 40, Sec. 3. (AB 1826) Effective June 27, 2018.)
  2. 9113.5.

    ## 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 transferred funds may be invested or deposited, and the Joint Rules Committee must use the related money only for the Section 9112 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. ) ## 9113.5. (a) Notwithstanding any other law, moneys transferred from the State Project Infrastructure Fund to the Operating Funds of the Assembly and Senate for purposes of the projects authorized by Section 9112 may be invested in eligible securities, in accordance with Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4, or deposited in eligible banks, in accordance with Chapter 4 (commencing with 16500) of Part 2 of Division 4. Upon request of the Joint Rules Committee regarding any portion of these funds, the Pooled Money Investment Board shall designate that portion of those funds as “surplus money” pursuant to Section 16470. (b) Notwithstanding Sections 16305.7 and 16475, any interest earned on, or other increment derived from, the moneys invested or deposited pursuant to this section shall be credited to the Operating Funds of the Assembly and Senate. (c) (1) Notwithstanding Section 13340, moneys derived from the interest earned on, or other increment derived from, investments or deposits pursuant to this section are continuously appropriated to the Joint Rules Committee. Subject to paragraph (2), the Joint Rules Committee shall use those moneys solely for purposes of the projects authorized by Section 9112. (2) Expenditures of the proceeds from investment or deposit of the funds described in subdivision (a) for the design and construction of the projects authorized by Section 9112 shall not result in project costs exceeding the amount recognized by the State Public Works Board or approved pursuant to the agreement required by subdivision (b) of Section 9112. (Added by Stats. 2019, Ch. 29, Sec. 87. (SB 82) Effective June 27, 2019.)
  3. 9114.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 relevant legislative and executive entities, and their officers and staff, must work together in good faith on the annex projects and give the Joint Rules Committee a preeminent role in design and management decisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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. ) ## 9114. The work performed pursuant to this article represents a historic partnership between the executive and legislative branches to revitalize the State Capitol Building Annex. The relevant entities of the legislative and executive branches and their officers and staff shall collaborate in good faith to explore and adopt any available and appropriate approaches to this work that expedite construction of the applicable projects in an efficient manner, that minimize disruption to the schedule of the Legislature in light of its occupancy of most of the State Capitol Building Annex, and that allow the Joint Rules Committee to have the preeminent role in making decisions about the design and management of the projects so that they advance the interests of the Legislature and executive branch in serving Californians for decades to come. The intent of the legislative and executive branches is to expedite and not unreasonably delay in taking actions needed to advance the expeditious development and construction of the projects authorized by Section 9112 and to collaborate in good faith. (Added by Stats. 2018, Ch. 40, Sec. 4. (AB 1826) Effective June 27, 2018.)
  4. 9114.5.

    ## 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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    Up to $37 million is appropriated from the State Project Infrastructure Fund to the Assembly and Senate operating funds for specified Capitol west wing design and construction work.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 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. ) ## 9114.5. (a) There is hereby appropriated, without regard to fiscal years, from the State Project Infrastructure Fund to the Operating Funds of the Assembly and Senate an amount up to thirty-seven million dollars ($37,000,000), as determined by the agreement entered into pursuant to paragraph (1) of subdivision (b) of Section 9112 and any amendments thereto, to cover the costs of the design and construction of those components of the project or projects authorized by Section 9112 that will modify portions of the west wing of the State Capitol in order to facilitate a fully functional State Capitol. Any transfer of the funds appropriated pursuant to this section shall occur at the same time as the transfer of funds pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 14692, or at a time as determined by the agreement entered into pursuant to paragraph (1) of subdivision (b) of Section 9112 or any amendments thereto. (b) It is the intent of the Legislature that the appropriation in subdivision (a) constitute an express appropriation for the alteration or modification of the color, detail, design, structure, or fixtures of the historically restored areas of the first, second, and third floors and the exterior of the west wing of the State Capitol, as required by Section 28 of Article IV of the California Constitution. (Amended by Stats. 2021, Ch. 251, Sec. 6. (AB 163) Effective September 23, 2021.)
  5. 9115.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. )

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    This section states the Legislature’s intent to acquire and finance additional legislative office facilities near the State Capitol and to review and study how best to fund them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. ) ## 9115. (a) In order to adequately provide for the proper housing and administrative requirements of the Legislature, it is necessary for the Legislature to acquire and finance additional legislative office facilities in a location adjacent to the State Capitol Building so as to provide for the efficient and effective operations of state government. (b) The Legislature desires to provide a procedure for acquiring, and to authorize the financing of, these legislative office facilities by the enactment of this article. (c) It is the intent of the Legislature to conduct a thorough review of the current and long-term requirements of the Legislature for office facilities and to conduct a study to determine the most economical and cost-effective method of funding the acquisition of those office facilities. (d) It is also the intent of the Legislature to minimize delays, and thereby reduce costs, in the acquisition of adequate office facilities, and to that end it is the intent of the Legislature that the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code be completed in an expeditious manner without undue delays. (Repealed and added by Stats. 1989, Ch. 1366, Sec. 2. Effective October 2, 1989.)
  6. 9117.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. )

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    This section defines key terms used in the article, including bonds, lease financing, lessee, lessor, project, and Treasurer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. ) ## 9117. As used in this article, the following terms have the following meanings: (a) “Bonds” means bonds, notes, bond anticipation notes, and any other evidence of indebtedness, and also includes certificates of participation or lease-purchase agreements. (b) “Lease financing” means the financial undertaking authorized by this article under which the lessee shall lease the project from the lessor and the rental payments to be paid by the lessee, and any other authorized or appropriated funds, shall be used to secure the repayment of the bonds and the proceeds of the bonds shall be applied to pay the costs of the project and related costs as authorized by this article. (c) “Lessee” means the Legislature, acting through its authorized representative as provided for in this article. (d) “Lessor” means the State Public Works Board acting pursuant to the State Building Construction Act of 1955, Part 10b (commencing with Section 15800) of Division 3 of Title 2, a joint exercise of powers agency established between the lessee and any qualifying entity of government and acting pursuant to the Joint Exercise of Powers Act, Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, or any other person, corporation, partnership, or other entity serving as the lessor under the lease financing. (e) “Project” means the property and the buildings on the property bounded by 10th, 11th, N, and O Streets in the City of Sacramento, consisting of two connecting buildings located at 1020 N Street and 1021 O Street in the City of Sacramento, and the remodeling and rehabilitation of these buildings or destruction and removal of these buildings and the construction of new buildings on this property for use as legislative office facilities, and includes all aspects of the project from initial planning to completion and occupancy by the Legislature. (f) “Treasurer” means the Treasurer of the State of California. (Repealed and added by Stats. 1989, Ch. 1366, Sec. 2. Effective October 2, 1989.)
  7. 9118.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. )

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    This section lets the lessee and lessor lease the project, lets the lessor acquire project real property with bond proceeds, and allows interim financing from the Pooled Money Investment Account; it also requires the lessee to act through a designated person and binds the Legislature to that person’s contracts and 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. ) ## 9118. (a) The lessee may lease the project from the lessor, and the lessor may lease the project to the lessee. The lessor may acquire all real property for the project with the proceeds of the bonds. (b) The lessee shall take all actions required under this article by and through any person designated by a resolution adopted by the Senate Committee on Rules and the Assembly Committee on Rules. The designated person may contract for, and on behalf of, the Legislature, as lessee, and the Legislature shall be bound by the contracts and actions of the designated person. (c) In connection with the financing authorized by this article, the lessor and the lessee may seek and obtain interim financing from the Pooled Money Investment Account pursuant to Section 16312. (Repealed and added by Stats. 1989, Ch. 1366, Sec. 2. Effective October 2, 1989.)
  8. 9119.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. )

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    The State Public Works Board may issue bonds to finance the authorized project, the Treasurer may serve as trustee, and the Treasurer must sell the bonds under Section 5702.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. ) ## 9119. (a) The State Public Works Board may issue bonds pursuant to Chapter 5 (commencing with Section 15830) of Part 10b of Division 3 of Title 2 to finance the project authorized by this article. (b) The Treasurer may, in his or her discretion, serve as trustee for the bonds. The Treasurer shall sell the bonds in accordance with Section 5702. (Repealed and added by Stats. 1989, Ch. 1366, Sec. 2. Effective October 2, 1989.)
  9. 912.2.

    ## 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. )

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    If the board grants leave to present a claim, the claim is treated as presented on that same day.

    ## 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. ) ## 912.2. If an application for leave to present a claim is granted by the board pursuant to Section 911.6, the claim shall be deemed to have been presented to the board upon the day that leave to present the claim is granted. (Amended by Stats. 1965, Ch. 653.)
  10. 912.4.

    ## 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. )

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    The board must act on a claim within 45 days after it is presented, and on an amended claim within 45 days after the amendment is presented.

    ## 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. ) ## 912.4. (a) The board shall act on a claim in the manner provided in Section 912.6, 912.7, or 912.8 within 45 days after the claim has been presented. If a claim is amended, the board shall act on the amended claim within 45 days after the amended claim is presented. (b) The claimant and the board may extend the period within which the board is required to act on the claim by written agreement made either: (1) Before the expiration of the period. (2) After the expiration of the period if an action based on the claim has not been commenced and is not yet barred by the period of limitations provided in Section 945.6. (c) If the board fails or refuses to act on a claim within the time prescribed by this section, the claim shall be deemed to have been rejected by the board on the last day of the period within which the board was required to act upon the claim. 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 within which the board is required to act shall be the last day of the period specified in the agreement. (Amended by Stats. 2002, Ch. 1007, Sec. 3. Effective January 1, 2003.)
  11. 912.5.

    ## 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 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 Trustees of the California State University must handle claims under their own rule-based procedure, may not adopt a rule inconsistent with this part, and the Department of General Services must promptly notify claimants if a claim was sent there by mistake and explain where to file it properly.

    ## 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. ) ## 912.5. (a) The Trustees of the California State University shall act on a claim against the California State University in accordance with the procedure that the Trustees of the California State University provide by rule. (b) Nothing in this section authorizes the Trustees of the California State University to adopt any rule that is inconsistent with this part. (c) If a claim for money or damages against the California State University is mistakenly presented to the Department of General Services, the Department of General Services shall immediately notify the claimant of the error and shall include information on proper filing of the claim. (Amended by Stats. 2016, Ch. 31, Sec. 39. (SB 836) Effective June 27, 2016.)
  12. 912.6.

    ## 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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    For claims against a local public entity, the board must reject, allow, or partially allow claims based on whether they are proper charges and how much is justly due; disputed claims may be rejected or compromised.

    ## 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. ) ## 912.6. (a) In the case of a claim against a local public entity, the board may act on a claim in one of the following ways: (1) If the board finds the claim is not a proper charge against the public entity, it shall reject the claim. (2) If the board finds the claim is a proper charge against the public entity and is for an amount justly due, it shall allow the claim. (3) If the board finds the claim is a proper charge against the public entity but is for an amount greater than is justly due, it shall either reject the claim or allow it in the amount justly due and reject it as to the balance. (4) If legal liability of the public entity or the amount justly due is disputed, the board may reject the claim or may compromise the claim. (b) In the case of a claim against a local public entity, if the board allows the claim in whole or in part or compromises the claim, it may require the claimant, if the claimant accepts the amount allowed or offered to settle the claim, to accept it in settlement of the entire claim. (c) Subject to subdivision (b), the local public entity shall pay the amount allowed on the claim or in compromise of the claim in the same manner as if the claimant had obtained a final judgment against the local public entity for that amount, but the claim may be paid in not exceeding 10 equal annual installments as provided in Section 970.6 only if the claimant agrees in writing to that method of payment and in such case no court order authorizing installment payments is required. If an agreement for payment of the claim in installments is made, the local public entity, in its discretion, may prepay any one or more installments or any part of an installment. (Amended by Stats. 1980, Ch. 215.)
  13. 912.7.

    ## 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 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 Judicial Council must act on claims against a judicial branch entity or judge using the procedure it provides by rule of court, and it may authorize its committees or Administrative Office of the Courts employees to carry out its functions.

    ## 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. ) ## 912.7. The Judicial Council shall act on a claim against a judicial branch entity or judge of one of those entities in accordance with the procedure that the Judicial Council provides by rule of court. The Judicial Council may authorize any committee of the Judicial Council or employee of the Administrative Office of the Courts to perform the functions of the Judicial Council under this part. (Added by Stats. 2002, Ch. 1007, Sec. 4. Effective January 1, 2003.)
  14. 912.8.

    ## 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 ↗

    For claims against the state, the board must act under a procedure it may prescribe by rule, except as provided in Section 912.7.

    ## 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 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. ) ## 912.8. Except as provided in Section 912.7, in the case of claims against the state, the board shall act on claims in accordance with that procedure as the board, by rule, may prescribe. It may hear evidence for and against the claims and, with the approval of the Governor, report to the Legislature those facts and recommendations concerning the claims as it deems proper. In making recommendations, the board may state and use any official or personal knowledge that any member may have regarding any claim. The board may authorize any employee of the state to perform the functions of the board under this part as are prescribed by the board. (Amended by Stats. 2004, Ch. 183, Sec. 131. Effective January 1, 2005.)
  15. 9120.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. )

    Verify source ↗

    Lease financing terms are set by the lease documents, and the total financing amount may not exceed the project cost plus specified related expenses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. ) ## 9120. The terms of the lease financing are those specified in the lease, trust agreement, indenture, and any related documents executed and delivered between the lessor, the lessee, and the Treasurer. The total amount of lease financing under this article shall not exceed the sum of the cost of the project, including all sums necessary to pay the costs of coordination, direction, and supervision of development and design, financing costs, interest during construction, a reasonably required reserve fund, interest on interim financing, administrative expenses of the lessor, the lessee, the Treasurer, and their agents and consultants, and the transfer and relocation of the present occupants of the buildings to new facilities. (Repealed and added by Stats. 1989, Ch. 1366, Sec. 2. Effective October 2, 1989.)
  16. 9121.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. )

    Verify source ↗

    This article gives the project broad authority and controls over conflicting laws, but the project is still subject to specified state codes. It also bars spending money on certain building work until the required feasibility study and legislative approvals are completed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. ) ## 9121. (a) This article shall be deemed and construed to be separate and complete authority for all of the actions authorized by this article, including, but not limited to, the development, design, construction, operation, maintenance, and financing of the project, and all acts related thereto, and the transfer and relocation of the present occupants of the buildings to new facilities. To the extent that this article is inconsistent with any other general statute or special act or parts thereof, or any local government laws, rules, and regulations, now or hereafter enacted, this article is controlling. (b) Notwithstanding any other provision of law, the project authorized by this article shall be subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and Division 13 (commencing with Section 21000) of the Public Resources Code. (c) The project authorized by this article shall not be subject to any other state or local government requirement, limitation, or control, including, but not limited to, zoning and building permits. (d) This article shall be liberally construed to effect its purpose and in a manner that will promote the acquisition, construction, renovation, improvement, and financing of the project. (e) Notwithstanding any other provision of this article, no funds shall be expended for the destruction, removal, remodeling, or rehabilitation of the existing buildings on the project property prior to the completion of the feasibility study required pursuant to former Section 9116, as added by Chapter 1366 of the Statutes of 1989, and the approval of the funding source and the project scope and cost by a subsequently enacted resolution of both houses of the Legislature. (Amended by Stats. 2004, Ch. 193, Sec. 41. Effective January 1, 2005.)
  17. 9122.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. )

    Verify source ↗

    California pledges not to interfere with specified bond- and lease-related rights until the bonds are fully paid and related contracts are fully performed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. ) ## 9122. The State of California does pledge to, and agree with, the holders of any bonds issued under this article, and with those parties who may enter into contracts with the lessor, the lessee, and the Treasurer pursuant to this article, that the state will not limit or alter the rights vested in the lessor, the lessee, or the Treasurer to finance the project or to fulfill the terms of any lease, trust agreement, indenture, or other contract or instrument by, between, or among the lessor, the lessee, or the Treasurer pursuant to this article, or in any way impair the rights or remedies of the bonds or of the parties until those bonds, together with interest thereon, are fully paid and discharged in accordance with their terms, and all the contracts and instruments are fully performed in accordance with their terms. (Repealed and added by Stats. 1989, Ch. 1366, Sec. 2. Effective October 2, 1989.)
  18. 9123.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. )

    Verify source ↗

    The Legislature gets title to the specified Sacramento property, may transfer title for financing, and keeps jurisdiction over the project. Legislative committees must allocate and allot space in the facilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. ) ## 9123. (a) Title to the buildings and property bounded by 10th, 11th, N, and O Streets in the City of Sacramento shall vest in the Legislature on the effective date of this act. The Legislature may transfer title for the purposes of any financing of the project, however, at the conclusion of any financing, title shall revest in the Legislature. (b) The Legislature shall have jurisdiction over the project. (c) All space in the legislative office facilities and all annexes and additions thereto shall be allocated from time to time by the Senate Committee on Rules and the Assembly Committee on Rules in accordance with their determination of the needs of the Legislature and the two houses thereof. The committees shall allocate the space as they determine to be necessary for facilities and agencies in dealing with the Legislature as a whole, including, but not limited to, press quarters, billrooms, telephone rooms, and offices for the Legislative Counsel, Legislative Analyst, Auditor General, and for committees created by the two houses jointly. The committees shall allocate to the Senate and the Assembly, respectively, the space they determine to be needed by the houses and their committees and the members, their officers, employees, and attaches thereof. The space for members thus allocated to the Senate and to the Assembly shall be allotted from time to time proportionately, according to party affiliation, by the Senate Committee on Rules and the Assembly Committee on Rules, respectively. (Repealed and added by Stats. 1989, Ch. 1366, Sec. 2. Effective October 2, 1989.)
  19. 9124.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. )

    Verify source ↗

    The Department of General Services must provide maintenance and operation services for legislative office facilities when requested by the Legislature. The Senate and Assembly Rules Committees’ determination about the Legislature’s needs can be changed only by those committees or by concurrent resolution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.5. Legislative Office Facilities [9115 - 9124] ( Article 5.5 repealed and added by Stats. 1989, Ch. 1366, Sec. 2. ) ## 9124. (a) The determination of the Senate Committee on Rules and the Assembly Committee on Rules as to the needs of the Legislature shall be subject to change only by action of those committees or by concurrent resolution. (b) The Department of General Services shall provide maintenance and operation services in connection with the legislative office facilities as requested by the Legislature. (Repealed and added by Stats. 1989, Ch. 1366, Sec. 2. Effective October 2, 1989.)
  20. 9125.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.6. State Office Building Act of 2018 [9125 - 9125.6] ( Article 5.6 added by Stats. 2018, Ch. 40, Sec. 6. )

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    This section authorizes the Department of General Services to pursue a state office building project and sets collaboration, oversight, exemption, and prevailing-wage rules for work on the project.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.6. State Office Building Act of 2018 [9125 - 9125.6] ( Article 5.6 added by Stats. 2018, Ch. 40, Sec. 6. ) ## 9125. (a) (1) In order to adequately provide for the housing and administrative requirements of the Legislature and the executive branch during the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the existing State Capitol Building Annex pursuant to Article 5.2 (commencing with Section 9112), and to later provide for additional state-owned facilities in close proximity to the State Capitol, the Department of General Services may pursue the design and construction of a state office building located on O Street, between 10th Street and 11th Street, in the City of Sacramento. (2) A project authorized pursuant to this section may proceed on a schedule different from that for the projects authorized by Section 9112, subject to good faith consultation between the Department of General Services and the Joint Rules Committee to determine the scope, budget, scheduling, organization, management, delivery method, and other approaches deemed most appropriate and advantageous to advance the office building authorized by this section and other related projects. This consultation shall be conducted pursuant to the agreement entered into pursuant to paragraph (1) of subdivision (b) of Section 9112. (b) (1) The Department of General Services, or its designated representative, shall collaborate with the Joint Rules Committee and the Department of Finance, or its designated representative, to determine the scope, budget, delivery method, and schedule for any space to be constructed, restored, rehabilitated, renovated, or reconstructed pursuant to this article. (2) (A) The scope, cost, and delivery method of each project pursuant to this section shall be recognized by, and subject to the oversight of, the State Public Works Board pursuant to Section 13332.11 or 13332.19, as applicable and subject to the provisions of this paragraph. (B) Notwithstanding Sections 13332.11 and 13332.19, or 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, may agree, pursuant to paragraph (1) of subdivision (b) of Section 9112, to utilize any delivery method deemed appropriate and advantageous for the work performed pursuant to this article. (C) Notwithstanding any provision of Section 13332.11 or 13332.19 to the contrary, or 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) of subdivision (b) of Section 9112. (3) The height limitation specified in subdivision (c) of Section 8162.7 shall apply to any structure constructed, restored, rehabilitated, renovated, or reconstructed pursuant to this article. (c) (1) Notwithstanding any other law, all work performed pursuant to this article by the Department of General Services 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. (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 office building constructed pursuant to this article shall not subject any part of the project 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 project 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, the Department of General Services 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. (e) The Department of General Services shall provide maintenance and operation services in connection with that portion of the state office building subject to this article that is utilized by the Legislature, as requested by the Joint Rules Committee. (f) It is the intent of the Legislature to collaborate in good faith with the executive branch to consider any necessary statutory changes or actions pursuant to Section 9123 or any other law in order to facilitate the financing and continuing operation of the project authorized by this section. Furthermore, the executive branch and the Joint Rules Committee agree to collaborate, consistent with the terms of the agreement required by paragraph (1) of subdivision (b) of Section 9112, in the design, scheduling, organization, management, choice of delivery method, and other approaches needed to ensure that the project authorized by this section serves the needs of the Legislature, as well as the needs of the executive branch, during the period of the work authorized by Section 9112. Over the long term, joint occupancy by legislative and executive branch entities is contemplated, with the building’s management provided by the Department of General Services, unless explicitly agreed to otherwise. (g) Nothing in this article shall be construed to limit the jurisdiction of the Legislature over the buildings and property bounded by 10th, 11th, N, and O Streets in the City of Sacramento that are described in Article 5.5 (commencing with Section 9115). (Amended by Stats. 2024, Ch. 74, Sec. 4. (SB 174) Effective July 2, 2024.)
  21. 9125.5.

    ## 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 5.6. State Office Building Act of 2018 [9125 - 9125.6] ( Article 5.6 added by Stats. 2018, Ch. 40, Sec. 6. )

    Verify source ↗

    The State Public Works Board may issue certain bonds and obtain interim financing for Section 9125 projects, and the Department of General Services must carry out related financing documents and, if the bonds are not sold, repay interim financing from its support budget.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.6. State Office Building Act of 2018 [9125 - 9125.6] ( Article 5.6 added by Stats. 2018, Ch. 40, Sec. 6. ) ## 9125.5. (a) (1) The State Public Works Board may issue lease-revenue bonds, notes, or bond anticipation notes in an amount not exceeding four hundred twenty-two million five hundred eighty-seven thousand dollars ($422,587,000) pursuant to Chapter 5 (commencing with Section 15830) of Part 10b of Division 3 to finance the acquisition, design, and construction of the projects authorized by Section 9125. (2) The amount described in paragraph (1) shall be available in addition to any other funds that may be available for the projects authorized by Section 9125, including, but not limited to, transfers from the State Project Infrastructure Fund, as contemplated in subparagraph (D) of paragraph (2) of subdivision (a) of Section 14692. (b) The State Public Works Board, together with the Department of General Services, may obtain interim financing for the costs of the projects authorized by Section 9125 from any appropriate source. (c) Notwithstanding Section 13340, funds derived from the financing methods authorized by this section are hereby continuously appropriated to the State Public Works Board on behalf of the Department of General Services, for the acquisition, design, and construction of the projects authorized by Section 9125. (d) The Department of General Services is authorized and directed to execute and deliver any and all leases, contracts, agreements, or other documents necessary or advisable to consummate the issuance of the bonds by the State Public Works Board or otherwise effectuate the financing for the projects authorized by Section 9125. (e) In the event that the bonds authorized by this section are not sold, the Department of General Services shall commit a sufficient portion of its support budget, as determined by the Department of Finance, to repay any interim financing. (Added by Stats. 2018, Ch. 40, Sec. 6. (AB 1826) Effective June 27, 2018.)
  22. 9125.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.6. State Office Building Act of 2018 [9125 - 9125.6] ( Article 5.6 added by Stats. 2018, Ch. 40, Sec. 6. )

    Verify source ↗

    The legislative and executive branches are stated to intend to move Section 9125 projects forward quickly, avoid unreasonable delay, and work together in good faith.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 5.6. State Office Building Act of 2018 [9125 - 9125.6] ( Article 5.6 added by Stats. 2018, Ch. 40, Sec. 6. ) ## 9125.6. It is the intent of the legislative and executive branches to expedite and not unreasonably delay in taking actions needed to advance the expeditious development and construction of the projects authorized by Section 9125 and to collaborate in good faith. (Added by Stats. 2018, Ch. 40, Sec. 6. (AB 1826) Effective June 27, 2018.)
  23. 9126.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. )

    Verify source ↗

    Most appropriations for Senate contingent expenses must be deposited into the Senate Contingent Fund, and spending from that fund is controlled by the Senate or 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. ) ## 9126. Unless specifically exempted from this section, all appropriations for contingent expenses of the Senate and legislative committees thereof, including appropriations previously made which have not reverted to the General Fund, shall be deposited in and credited to the Senate Contingent Fund, which fund is created in the State Treasury. The money in the fund shall be available for the expenses of the Senate and legislative committees thereof, and shall be disbursed under or pursuant to the direction of the Senate as provided in the rules, orders, and resolutions of the Senate, or as provided by the Senate Committee on Rules (which committee has a continuing existence during sessions and between sessions with such powers, duties and responsibilities as the Senate from time to time shall prescribe) as and when thereunto authorized by the Senate. The money in the fund shall be disbursed pursuant to, and the powers, duties and responsibilities of the Senate Committee on Rules shall be as provided by, the rules, orders and resolutions adopted by the Senate at the 1949 Regular Session until modified or superseded by Senate action at a subsequent session. (Added by Stats. 1949, Ch. 1238.)
  24. 9127.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. )

    Verify source ↗

    Most Assembly contingent-expense appropriations must go into the Assembly Contingent Fund, unless specifically exempted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. ) ## 9127. Unless specifically exempted from this section, all appropriations for contingent expenses of the Assembly and legislative committees thereof, including appropriations previously made which have not reverted to the General Fund, shall be deposited in and credited to the Assembly Contingent Fund, which fund is created in the State Treasury. The money in the fund shall be available for the expenses of the Assembly and legislative committees thereof and shall be disbursed under or pursuant to the direction of the Assembly as provided in the rules, orders, and resolutions of the Assembly, or as provided by the Assembly Rules Committee (which committee has a continuing existence during sessions and between sessions with such powers, duties and responsibilities as the Assembly from time to time shall prescribe) as and when thereunto authorized by the Assembly. The money in the fund shall be disbursed, pursuant to, and the powers, duties and responsibilities of the Assembly Rules Committee shall be as provided by, the rules, orders and resolutions adopted by the Assembly at the 1949 Regular Session until modified or superseded by Assembly action at a subsequent session. (Amended by Stats. 1972, Ch. 618.)
  25. 9128.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. )

    Verify source ↗

    Money appropriated for legislative printing must be spent under the direction of the Senate or Assembly.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. ) ## 9128. Any money appropriated for legislative printing shall be disbursed under or pursuant to the direction of the Senate or Assembly as provided in the rules, orders, and resolutions of the Senate or Assembly or their joint rules and resolutions. (Amended by Stats. 1961, Ch. 870.)
  26. 9129.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. )

    Verify source ↗

    Money deposited in the Senate or Assembly Contingent Fund stays available without regard to fiscal years, except special-session appropriations for session expenses, which are kept as special accounts and time-limited.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. ) ## 9129. Appropriations deposited in and credited to the Senate Contingent Fund or the Assembly Contingent Fund shall be continuously available without regard to fiscal years, except that appropriations made at extraordinary or special sessions for the expenses of said sessions shall be maintained as special accounts within the particular funds and shall be available for expenditure for such purpose for a period of one year after the date upon which the appropriation first becomes available for expenditure, and the unexpended balance of any such appropriation shall revert to the fund from which the appropriation was made upon the expiration of one year following the last day of the period of its availability. (Amended by Stats. 1968, Ch. 312.)
  27. 913.

    ## 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 written notice must be given after certain claim actions, and if the claim is rejected in whole or in part, the notice must include a warning that court action must be filed within six months of delivery or mailing.

    ## 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. ) ## 913. (a) Written notice of the action taken under Section 912.5, 912.6, 912.7, or 912.8 or the inaction that is deemed rejection under Section 912.4 shall be given in the manner prescribed by Section 915.4. The notice may be in substantially the following form: “Notice is hereby given that the claim that you presented to the (insert title of board or officer) on (indicate date) was (indicate whether rejected, allowed, allowed in the amount of $____ and rejected as to the balance, rejected by operation of law, or other appropriate language, whichever is applicable) on (indicate date of action or rejection by operation of law).” (b) If the claim is rejected, in whole or in part, the notice required by subdivision (a) shall include a warning in substantially the following form: “WARNING “Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. “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. 2010, Ch. 636, Sec. 5. (SB 1046) Effective January 1, 2011.)
  28. 913.2.

    ## 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 ↗

    The board may, within the time set by Section 945.6, re-examine a previously rejected claim to consider settling it.

    ## 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. ) ## 913.2. The board may, in its discretion, within the time prescribed by Section 945.6 for commencing an action on the claim, re-examine a previously rejected claim in order to consider a settlement of the claim. (Added by Stats. 1963, Ch. 1715.)
  29. 9130.5.

    ## 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. )

    Verify source ↗

    For claims against the Senate or Assembly Contingent Fund, a certification under penalty of perjury may be used instead of an affidavit. Knowingly making and signing a false certificate on such a claim is a felony and is punished under the Penal Code’s perjury penalties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. ) ## 9130.5. Notwithstanding any provision to the contrary, on any claim against the Senate Contingent Fund or the Assembly Contingent Fund there may be a certification under penalty of perjury in lieu of an affidavit, and any individual who wilfully makes and subscribes such certificate to a claim which he knows to be false as to any material matter shall be guilty of a felony and upon conviction thereof shall be subject to the penalties prescribed for perjury by the Penal Code. (Added by Stats. 1953, Ch. 39.)
  30. 9131.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. )

    Verify source ↗

    Three legislative committees must prepare an annual public report of operating-fund expenditures and make it available by November 30 of the following 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. ) ## 9131. For the period ending on November 30 of each year, the Assembly Committee on Rules, the Senate Committee on Rules, and the Joint Rules Committee shall annually prepare a report to the public of all expenditures made from the operating fund subject to their direction and control. The report shall be made available to the public by November 30 of the year following that for which it is prepared. The report shall include, but not be limited to, a list of expenditures for each Member and committee of the Legislature in the following categories: (a) Out-of-state travel and living expense reimbursement and in-state travel and living expense reimbursement. (b) Automotive expenses. (c) Building utilities, maintenance, and rent. (d) Telephone. (e) Postage. (f) Printing. (g) Office supplies. (h) Newsletters. (i) Per diem for attendance at legislative sessions. (j) Employee salaries and benefits. (k) Employee travel and per diem. (l) Equipment and furniture. (m) Telegraph. (n) Freight. (o) Publications. (p) Study contracts and any other contract not reported under any other category. (q) Meals. (r) Ceremonies and events. (s) First-class air travel. (t) Automotive repairs. (u) Office alterations. (v) All other expenditures. (Amended by Stats. 1989, Ch. 592, Sec. 5.)
  31. 9131.5.

    ## 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. )

    Verify source ↗

    A person who receives certain legislative advances must reconcile the advance against the actual expenditure and repay any excess within 30 days after the expenditure date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. ) ## 9131.5. When expenditures are made from the appropriate contingent fund at the direction of the Assembly Committee on Rules, the Senate Committee on Rules, or the Joint Rules Committee for advances for travel expenses, or for advances for goods or services, or when expenditures are made for advances for legislative printing, the person to whom advances were made shall reconcile the amount of the advance with the amount of the actual expenditure and repay all moneys in excess of the amount expended within 30 days of the date of the expenditure. (Added by Stats. 1988, Ch. 755, Sec. 3.)
  32. 9132.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. )

    Verify source ↗

    The listed legislative committees must annually give the Director of Finance an itemized statement of proposed expenditures for the next fiscal year’s Governor’s Budget.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. ) ## 9132. The Assembly Committee on Rules and Senate Committee on Rules, and the Joint Rules Committee, shall annually provide to the Director of Finance an itemized statement of proposed expenditures from the Assembly Operating Fund, the Senate Operating Fund, and the Operating Funds of the Assembly and Senate for inclusion in the Governor’s Budget for the ensuing fiscal year. The itemized statement of proposed expenditures shall not be subject to the provisions of Section 13320. The itemized statement of proposed expenditures shall include, but not be limited to, the following categories: (a) Out-of-state travel and living expense reimbursement and in-state travel and living expense reimbursement. (b) Automotive expenses. (c) Building utilities, maintenance, and rent. (d) Telephone. (e) Postage. (f) Printing. (g) Office supplies. (h) Newsletters. (i) Per diem for attendance at legislative sessions. (j) Employee salaries and benefits. (k) Employee travel and per diem. (l) Equipment and furniture. (m) Telegraph. (n) Freight. (o) Publications. (p) Study contracts and any other contract not reported under any other category. (q) Meals. (r) Ceremonies and events. (s) First-class air travel. (t) Automotive repairs. (u) Office alterations. (v) All other expenditures. (Repealed and added by Stats. 1989, Ch. 592, Sec. 7.)
  33. 9133.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. )

    Verify source ↗

    The Joint Rules Committee must arrange annual independent audits of legislative funds and entities, and those audits must follow accepted auditing standards.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. ) ## 9133. (a) The Joint Rules Committee shall annually contract for an independent audit or audits of all funds and entities of the Legislature, including, but not limited to, the expenditures of the Assembly Operating Fund, the Senate Operating Fund, the Operating Funds of the Assembly and Senate, expenditures for legislative printing, and General Fund expenditures for reimbursement of Members of the Legislature pursuant to Sections 8902 and 8903. These audits shall be made in accordance with generally accepted auditing standards established by the American Institute of Certified Public Accountants. (b) These audits shall each include, but need not be limited to, an evaluation of: (1) The expenditures in the following categories: (A) Out-of-state travel and living expense reimbursement and in-state travel and living expense reimbursement. (B) Automotive expenses. (C) Building utilities, maintenance, and rent. (D) Telephone. (E) Postage. (F) Printing. (G) Office supplies. (H) Newsletters. (I) Per diem for attendance at legislative sessions. (J) Employee salaries and benefits. (K) Employee travel and per diem. (L) Equipment and furniture. (M) Telegraph. (N) Freight. (O) Publications. (P) Study contracts and any other contract not reported under any other category. (Q) Meals. (R) Ceremonies and events. (S) First-class air travel. (T) Automotive repairs. (U) Office alterations. (V) All other expenditures. (2) The accuracy of the annual fiscal year financial statements of the rules committees. (c) These independent audits shall be completed, and reports thereon made to the respective houses of the Legislature, and to the public, by November 30 of each year for the previous fiscal year ending June 30. (Amended by Stats. 1989, Ch. 592, Sec. 8.)
  34. 9133.5.

    ## 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. )

    Verify source ↗

    Specified legislative funds may not be spent to buy goods for resale, except goods manufactured by another state government entity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. ) ## 9133.5. No funds from the Assembly Operating Fund, the Senate Operating Fund, the Operating Funds of the Assembly and Senate, or appropriations made for legislative printing, shall be expended for purposes of purchasing goods for resale, except for goods manufactured by any other entity of state government. (Added by Stats. 1989, Ch. 592, Sec. 9.)
  35. 9134.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. )

    Verify source ↗

    References to the listed contingent funds must be read as references to the corresponding operating funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 6. Legislative Funds and Administration [9126 - 9134] ( Heading of Article 6 renumbered from Article 5 (as added by Stats. 1949, Ch. 1238) by Stats. 1953, Ch. 368. ) ## 9134. Any reference in any code or statute to the Senate Contingent Fund, the Assembly Contingent Fund or the Contingent Funds of the Assembly and Senate shall be deemed a reference, respectively, to the Senate Operating Fund, the Assembly Operating Fund, or the Operating Funds of the Assembly and Senate. (Added by Stats. 1989, Ch. 592, Sec. 10.)
  36. 9140.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7. Joint Legislative Budget Committee [9140 - 9147] ( Article 7 added by Stats. 1951, Ch. 1667. )

    Verify source ↗

    The Joint Legislative Budget Committee is created and may operate statewide during legislative sessions, recesses, and between sessions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7. Joint Legislative Budget Committee [9140 - 9147] ( Article 7 added by Stats. 1951, Ch. 1667. ) ## 9140. The Joint Legislative Budget Committee is hereby created. The committee shall ascertain facts and make recommendations to the Legislature and to the houses thereof concerning the State Budget, the revenues and expenditures of the State, the organization and functions of the State, its departments, subdivisions and agencies, and such other matters as may be provided for in the Joint Rules of the Senate and Assembly. The committee has a continuing existence and may meet, act and conduct its business at any place within this State, during the sessions of the Legislature or any recess thereof, and in the interim period between sessions. (Added by Stats. 1951, Ch. 1667.)
  37. 9141.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7. Joint Legislative Budget Committee [9140 - 9147] ( Article 7 added by Stats. 1951, Ch. 1667. )

    Verify source ↗

    The committee must have eight Senators and eight Assembly Members, choose its own chairperson, and fill membership vacancies under the Joint Rules of the Senate and Assembly.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7. Joint Legislative Budget Committee [9140 - 9147] ( Article 7 added by Stats. 1951, Ch. 1667. ) ## 9141. The committee shall consist of eight Members of the Senate and eight Members of the Assembly who shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The committee shall elect its own chairperson. 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 the member is not reelected at the general election. (Amended by Stats. 1995, Ch. 682, Sec. 5. Effective October 10, 1995.)
  38. 9142.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7. Joint Legislative Budget Committee [9140 - 9147] ( Article 7 added by Stats. 1951, Ch. 1667. )

    Verify source ↗

    The committee may make its own procedural rules and create subcommittees from its members.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 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 7. Joint Legislative Budget Committee [9140 - 9147] ( Article 7 added by Stats. 1951, Ch. 1667. ) ## 9142. The committee is authorized to make rules governing its own proceedings and to create subcommittees from its membership and assign to such subcommittees any study, inquiry, investigation, or hearing which the committee itself has authority to undertake or hold. The provisions of Rule 36 of the Joint Rules of the Senate and Assembly relating to investigating committees shall apply to the committee and it shall have such powers, duties and responsibilities as the Joint Rules of the Senate and Assembly shall from time to time prescribe, and all the powers conferred upon committees by Section 11, Article IV, of the Constitution. (Amended by Stats. 1969, Ch. 122.)
  39. 9143.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7. Joint Legislative Budget Committee [9140 - 9147] ( Article 7 added by Stats. 1951, Ch. 1667. )

    Verify source ↗

    The committee may appoint a legislative analyst and other needed clerical and technical employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7. Joint Legislative Budget Committee [9140 - 9147] ( Article 7 added by Stats. 1951, Ch. 1667. ) ## 9143. The committee shall have authority to appoint a legislative analyst and such other clerical and technical employees as may appear necessary, pursuant to the provisions of subsection (4) of subdivision (a) of Section 4, Article XXIV of the Constitution. The funds for the support of the committee shall be provided from the Contingent Funds of the Senate and the Assembly in the same manner that such funds are made available to other joint committees of the Legislature. Whenever the term “Legislative Auditor” appears in any provision of law of this State, it shall be deemed to mean the Legislative Analyst provided for by this section. (Amended by Stats. 1957, Ch. 176.)
  40. 9144.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7. Joint Legislative Budget Committee [9140 - 9147] ( Article 7 added by Stats. 1951, Ch. 1667. )

    Verify source ↗

    The Legislative Analyst must prepare judicial impact analyses for selected measures and provide them to the relevant committee members before the hearing date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7. Joint Legislative Budget Committee [9140 - 9147] ( Article 7 added by Stats. 1951, Ch. 1667. ) ## 9144. The Legislative Analyst shall prepare a judicial impact analysis, with the assistance of the Department of Finance and the Judicial Council when and as requested by the Legislative Analyst, on selected measures referred to the Senate Judiciary Committee, Senate Criminal Procedure Committee, Assembly Judiciary Committee, and Assembly Committee on Public Safety. The Legislative Analyst shall select for analysis, as his or her staff resources permit with no additional staff, those measures with the greatest apparent potential impact on court manpower and costs. Other measures may be analyzed as staff resources permit. The analysis of a measure shall be given to the respective committee members prior to the date on which the measure is to be heard by the committee. The analyses required by this section shall be performed on a nine-month trial basis. Thereafter, the cost and effectiveness of this type of analysis for the specified policy committees shall be evaluated by the three respective committees. (Amended by Stats. 1996, Ch. 155, Sec. 1. Effective July 12, 1996.)
  41. 9146.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7. Joint Legislative Budget Committee [9140 - 9147] ( Article 7 added by Stats. 1951, Ch. 1667. )

    Verify source ↗

    Certain state agencies must notify the Joint Legislative Budget Committee at least 60 days before changing a federal aid allocation formula for a local agency, and the committee chair can waive that notice period.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7. Joint Legislative Budget Committee [9140 - 9147] ( Article 7 added by Stats. 1951, Ch. 1667. ) ## 9146. Any state agency which is required or permitted by federal law or regulation to establish or alter a federal aid allocation formula to a local agency shall notify the Joint Legislative Budget Committee not less than 60 days prior to the effective date of the establishment or change in the federal aid allocation formula. The chairman of the Joint Legislative Budget Committee may grant a waiver of the 60-day notification period after receipt of the notification. The chairman shall inform members of the Joint Legislative Budget Committee of his intention to waive the 60-day notification period after such notification. If no objection is received within 10 days, he shall proceed to grant the waiver of the 60-day notification period. The notification shall contain the federal law or regulation necessitating or authorizing the establishment or change, a description of the proposed allocation formula to be established or changed, as the case may be, and an estimate of the resulting increase or decrease in federal aid allocated to the affected local agency. When requested by the chairman or by any member of the committee, or when the Legislature is in session, when requested by the chairman of the committee, the Joint Legislative Budget Committee shall schedule a hearing on the proposed allocation formula to be established or changed, as the case may be. “Local agency” as used in this section, means any city, county, city and county, special district, school district, community college district, and county office of education. The establishment or changes in federal aid allocation formulas affecting less than one hundred thousand dollars ($100,000) in federal aid in any fiscal year shall be exempt from the provisions of this section. The provisions of this section shall not apply to any reallocation of funds by a state agency from or to a local agency if the state agency finds that either of the following conditions, or both, exist: (a) The local agency cannot spend its entire allocation within the period established by the federal government. (b) The failure to spend the funds could lead to their recapture by the federal government or to a reduced allocation of federal funds in subsequent years. (Added by Stats. 1979, Ch. 324.)
  42. 9147.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7. Joint Legislative Budget Committee [9140 - 9147] ( Article 7 added by Stats. 1951, Ch. 1667. )

    Verify source ↗

    A state agency facing imminent danger to public welfare must request a waiver of Section 9146 by notifying the Joint Legislative Budget 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 7. Joint Legislative Budget Committee [9140 - 9147] ( Article 7 added by Stats. 1951, Ch. 1667. ) ## 9147. If a state agency finds that there is imminent danger of irreparable harm to the public peace, health, safety, or welfare of the state if it does not establish or alter a federal aid allocation formula without undue delay and complying with the provisions of Section 9146, it shall request a waiver of the requirements of Section 9146 through notification to the Joint Legislative Budget Committee. The notification shall include a written statement containing the following information: (a) The specific facts constituting the need for the emergency establishment or change in the federal aid allocation formula. (b) Reference to the authority of the state agency to establish or change the federal aid allocation formula. (c) A description of the proposed allocation formula to be established or changed. (d) An estimate of the resulting increase or decrease in federal aid allocated to the affected local agency. (e) The name and telephone number of the state agency officer to whom inquiries concerning the emergency establishment or change in a federal aid allocation formula may be made. The Joint Legislative Budget Committee shall respond concerning its actions on the waiver request within 10 days of receipt of the notification. A failure to respond to the notice requesting a waiver within the period prescribed shall be deemed a granting of the request. (Added by Stats. 1979, Ch. 324.)
  43. 9147.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7.6. Joint Legislative Committee on Climate Change Policies [9147.10- 9147.10.] ( Article 7.6 added by Stats. 2016, Ch. 250, Sec. 2. )

    Verify source ↗

    This section creates the Joint Legislative Committee on Climate Change Policies and sets out its duties, membership, reporting, and authority to use experts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7.6. Joint Legislative Committee on Climate Change Policies [9147.10- 9147.10.] ( Article 7.6 added by Stats. 2016, Ch. 250, Sec. 2. ) ## 9147.10. (a) The Joint Legislative Committee on Climate Change Policies is hereby created. The committee shall ascertain facts and make recommendations to the Legislature concerning the state’s programs, policies, and investments related to climate change. Those recommendations shall be shared with other appropriate legislative standing committees, including the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review. (b) The joint committee shall consist of at least three Members of the Senate and at least three Members of the Assembly who shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The membership shall reflect the perspectives of multiple standing committees. (c) The chair of the State Air Resources Board shall annually appear before the joint committee to present the state board’s annual informational report on topics related to the scoping plan, as required pursuant to subdivision (b) of Section 38531 of the Health and Safety Code. This presentation may be done at a hearing that is held jointly with the relevant Assembly and Senate standing committees. (d) In recognition of the technical complexity involved in reviewing the state’s climate policies, the joint committee may establish a panel of experts to provide an independent analysis of the state’s policies to better inform the joint committee’s recommendations. (Amended by Stats. 2024, Ch. 184, Sec. 1. (SB 1136) Effective January 1, 2025.)
  44. 9147.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 7.5. Sunset Review [9147.7- 9147.7.] ( Article 7.5 added by Stats. 2010, Ch. 666, Sec. 1. )

    Verify source ↗

    This section creates the Joint Sunset Review Committee and requires eligible agencies scheduled for repeal to submit a report before December 1 of the repeal 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 7.5. Sunset Review [9147.7- 9147.7.] ( Article 7.5 added by Stats. 2010, Ch. 666, Sec. 1. ) ## 9147.7. (a) For the purpose of this section, “eligible agency” means any agency, authority, board, bureau, commission, conservancy, council, department, division, or office of state government, however denominated, excluding an agency that is constitutionally created or an agency related to postsecondary education, for which a date for repeal has been established by statute on or after January 1, 2011. (b) The Joint Sunset Review Committee is hereby created to identify and eliminate waste, duplication, and inefficiency in government agencies. The purpose of the committee is to conduct a comprehensive analysis over 15 years, and on a periodic basis thereafter, of every eligible agency to determine if the agency is still necessary and cost effective. (c) Each eligible agency scheduled for repeal shall submit to the committee, on or before December 1 before the year it is set to be repealed, a complete agency report covering the entire period since last reviewed, including, but not limited to, the following: (1) The purpose and necessity of the agency. (2) A description of the agency budget, priorities, and job descriptions of employees of the agency. (3) Programs and projects under the direction of the agency. (4) Measures of the success or failures of the agency and justifications for the metrics used to evaluate successes and failures. (5) Recommendations of the agency for changes or reorganization in order to better fulfill its purpose. (d) The committee shall take public testimony and evaluate the eligible agency before the date the agency is scheduled to be repealed. An eligible agency shall be eliminated unless the Legislature enacts a law to extend, consolidate, or reorganize the eligible agency. An eligible agency shall not be extended in perpetuity unless specifically exempted from the provisions of this section. The committee may recommend that the Legislature extend the statutory sunset date for no more than one year to allow the committee more time to evaluate the eligible agency. (e) The committee shall be comprised of 10 members of the Legislature. The Senate Committee on Rules shall appoint five members of the Senate to the committee, not more than three of whom shall be members of the same political party. The Speaker of the Assembly shall appoint five members of the Assembly to the committee, not more than three of whom shall be members of the same political party. Members shall be appointed within 15 days after the commencement of the regular session. Each member of the committee who is appointed by the Senate Committee on Rules or the Speaker of the Assembly shall serve during that committee member’s term of office or until that committee member no longer is a Member of the Senate or the Assembly, whichever is applicable. A vacancy on the committee shall be filled in the same manner as the original appointment. Three Assembly Members and three Senators who are members of the committee shall constitute a quorum for the conduct of committee business. Members of the committee shall receive no compensation for their work with the committee. (f) The committee shall meet not later than 30 days after the first day of the regular session to choose a chairperson and to establish the schedule for eligible agency review provided for in the statutes governing the eligible agencies. The chairperson of the committee shall alternate every two years between a Member of the Senate and a Member of the Assembly, and the vice chairperson of the committee shall be a member of the opposite house as the chairperson. (g) This section shall not be construed to change the existing jurisdiction of the budget or policy committees of the Legislature. (h) This section does not apply to the Department of Cannabis Control. (Amended by Stats. 2021, Ch. 70, Sec. 102. (AB 141) Effective July 12, 2021.)
  45. 9148.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 8. Legislative Oversight of State Board Formation and Licensed Professional Practice [9148 - 9148.8] ( Heading of Article 8 amended by Stats. 1994, Ch. 908, Sec. 64. )

    Verify source ↗

    State boards or categories of licensed professionals proposed by the Legislature must be subject to 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 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 8. Legislative Oversight of State Board Formation and Licensed Professional Practice [9148 - 9148.8] ( Heading of Article 8 amended by Stats. 1994, Ch. 908, Sec. 64. ) ## 9148. Any state board or category of licensed professional proposed for creation by the Legislature shall be subject to this article. (Amended by Stats. 2011, Ch. 315, Sec. 3. (AB 28) Effective January 1, 2012.)
  46. 9148.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 8. Legislative Oversight of State Board Formation and Licensed Professional Practice [9148 - 9148.8] ( Heading of Article 8 amended by Stats. 1994, Ch. 908, Sec. 64. )

    Verify source ↗

    This section defines “state board” for this article and excludes certain Legislature-created 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 8. Legislative Oversight of State Board Formation and Licensed Professional Practice [9148 - 9148.8] ( Heading of Article 8 amended by Stats. 1994, Ch. 908, Sec. 64. ) ## 9148.2. For purposes of this article, “state board” means any administrative or regulatory board, commission, committee, council, association, or authority consisting of more than one person, whose members are appointed by the Governor, the Legislature, or both. For purposes of this article, “state board” does not include any commission created by the Legislature pursuant to Part 2 (commencing with Section 58601) of Division 21 of the Food and Agricultural Code. (Added by Stats. 1990, Ch. 832, Sec. 1.)
  47. 9148.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 8. Legislative Oversight of State Board Formation and Licensed Professional Practice [9148 - 9148.8] ( Heading of Article 8 amended by Stats. 1994, Ch. 908, Sec. 64. )

    Verify source ↗

    Before the Legislature considers a bill creating a new state board or a new licensed profession category, the bill’s author or sponsor must prepare an implementation plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 8. Legislative Oversight of State Board Formation and Licensed Professional Practice [9148 - 9148.8] ( Heading of Article 8 amended by Stats. 1994, Ch. 908, Sec. 64. ) ## 9148.4. Prior to consideration by the Legislature of legislation creating a new state board or legislation creating a new category of licensed professional, a plan for the establishment and operation of the proposed state board or new category of licensed professional shall be developed by the author or sponsor of the legislation. The plan shall include, but not be limited to, all of the following: (a) A description of the problem that the creation of the specific state board or new category of licensed professional would address, including the specific evidence of need for the state to address the problem. (b) The reasons why this proposed state board or new category of licensed professional was selected to address this problem, including the full range of alternatives considered and the reason why each of these alternatives was not selected. Alternatives that shall be considered include, but are not limited to, the following: (1) No action taken to establish a state board or create a new category of licensed professional. (2) The use of a current state board or agency or the existence of a current category of licensed professional to address the problem, including any necessary changes to the mandate or composition of the existing state board or agency or current category of licensed professional. (3) The various levels of regulation or administration available to address the problem. (4) Addressing the problem by federal or local agencies. (c) The specific public benefit or harm that would result from the establishment of the proposed state board or new category of licensed professional, the specific manner in which the proposed state board or new category of licensed professional would achieve this benefit, and the specific standards of performance which shall be used in reviewing the subsequent operation of the board or category of licensed professional. (d) The specific source or sources of revenue and funding to be utilized by the proposed state board or new category of licensed professional in achieving its mandate. (e) The necessary data and other information required in this section shall be provided to the Legislature with the initial legislation and forwarded to the policy committees in which the bill will be heard. (Amended by Stats. 1994, Ch. 908, Sec. 66. Effective January 1, 1995.)
  48. 9148.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 8.5. Legislative Review of State Boards [9148.50 - 9148.52] ( Article 8.5 added by Stats. 2003, Ch. 789, Sec. 25. )

    Verify source ↗

    The Legislature states findings about California’s many administrative and regulatory bodies and says they were not being periodically reviewed for necessity, effectiveness, or utility.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 8.5. Legislative Review of State Boards [9148.50 - 9148.52] ( Article 8.5 added by Stats. 2003, Ch. 789, Sec. 25. ) ## 9148.50. The Legislature finds and declares all of the following: (a) California’s multilevel, complex governmental structure today contains more than 400 categories of administrative or regulatory boards, commissions, committees, councils, associations, and authorities. (b) These administrative or regulatory boards, commissions, committees, councils, associations, and authorities have been established without any method of periodically reviewing their necessity, effectiveness, or utility. (c) As a result, the Legislature and residents of California cannot be assured that existing or proposed administrative or regulatory boards, commissions, committees, councils, associations, and authorities adequately protect the public health, safety, and welfare. (Added by Stats. 2003, Ch. 789, Sec. 25. Effective January 1, 2004.)
  49. 9148.51.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 8.5. Legislative Review of State Boards [9148.50 - 9148.52] ( Article 8.5 added by Stats. 2003, Ch. 789, Sec. 25. )

    Verify source ↗

    The Legislature states that eligible agencies should be reviewed for continued existence, and that if a state board becomes inoperative or is repealed, related appointment provisions are not to be implemented.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 8.5. Legislative Review of State Boards [9148.50 - 9148.52] ( Article 8.5 added by Stats. 2003, Ch. 789, Sec. 25. ) ## 9148.51. (a) It is the intent of the Legislature that all existing and proposed eligible agencies, as defined in subdivision (a) of Section 9147.7, be subject to review to evaluate and determine whether each has demonstrated a public need for its continued existence in accordance with enumerated factors and standards as set forth in Article 7.5 (commencing with Section 9147.7). (b) If any state board becomes inoperative or is repealed in accordance with the act that added this section, any provision of existing law that provides for the appointment of board members and specifies the qualifications and tenure of board members shall not be implemented and shall have no force or effect while that state board is inoperative or repealed. (c) Any provision of law authorizing the appointment of an executive officer by a state board subject to the review described in Article 7.5 (commencing with Section 9147.7), or prescribing his or her duties, shall not be implemented and shall have no force or effect while the applicable state board is inoperative or repealed. (Amended by Stats. 2010, Ch. 670, Sec. 8. (AB 2130) Effective January 1, 2011.)
  50. 9148.52.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 8.5. Legislative Review of State Boards [9148.50 - 9148.52] ( Article 8.5 added by Stats. 2003, Ch. 789, Sec. 25. )

    Verify source ↗

    The Joint Sunset Review Committee must review all eligible agencies and report its findings to the public and the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 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 8.5. Legislative Review of State Boards [9148.50 - 9148.52] ( Article 8.5 added by Stats. 2003, Ch. 789, Sec. 25. ) ## 9148.52. (a) The Joint Sunset Review Committee established pursuant to Section 9147.7 shall review all eligible agencies. (b) The committee shall evaluate and make determinations pursuant to Article 7.5 (commencing with Section 9147.7). (c) Pursuant to an evaluation made as specified in this section, the committee shall make a report which shall be available to the public and the Legislature on whether an agency should be terminated, or continued, or whether its functions should be revised or consolidated with those of another agency, and include any other recommendations as necessary to improve the effectiveness and efficiency of the agency. If the committee deems it advisable, the report may include proposed legislative proposals that would carry out its recommendations. (Amended by Stats. 2010, Ch. 670, Sec. 9. (AB 2130) Effective January 1, 2011.)
  51. 9148.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 8. Legislative Oversight of State Board Formation and Licensed Professional Practice [9148 - 9148.8] ( Heading of Article 8 amended by Stats. 1994, Ch. 908, Sec. 64. )

    Verify source ↗

    Before the Legislature considers legislation for a new advisory-only state board, the bill’s author or sponsor must develop a plan for the board’s establishment and operation, unless the board is mainly to advise on licensing and regulation of a profession.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 8. Legislative Oversight of State Board Formation and Licensed Professional Practice [9148 - 9148.8] ( Heading of Article 8 amended by Stats. 1994, Ch. 908, Sec. 64. ) ## 9148.6. Prior to consideration by the Legislature of legislation creating a new state board that is advisory only, except for a proposed new state board whose primary purpose is to advise on the licensing and regulation of a profession, a plan for the establishment and operation of the proposed state board shall be developed by the author or sponsor of the legislation. The plan shall include, but not be limited to, all of the following: (a) A description of the problem that the proposed advisory state board would address. (b) A listing of those currently established state advisory and administrative entities addressing the same or similar problems. (c) The necessary data and other information required in this section shall be provided to the Legislature with the initial legislation and forwarded to the policy committees in which the bill will be heard. (Amended by Stats. 2011, Ch. 315, Sec. 4. (AB 28) Effective January 1, 2012.)
  52. 9148.8.

    ## 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 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 8. Legislative Oversight of State Board Formation and Licensed Professional Practice [9148 - 9148.8] ( Heading of Article 8 amended by Stats. 1994, Ch. 908, Sec. 64. )

    Verify source ↗

    The Legislature’s policy committee may evaluate certain plans, and the Joint Sunset Review Committee must provide evaluations and recommendations when prepared or required by the section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 8. Legislative Oversight of State Board Formation and Licensed Professional Practice [9148 - 9148.8] ( Heading of Article 8 amended by Stats. 1994, Ch. 908, Sec. 64. ) ## 9148.8. (a) The appropriate policy committee of the Legislature may evaluate a plan prepared pursuant to Section 9148.4 or 9148.6. The chairperson of a policy committee may alternatively require that the Joint Sunset Review Committee evaluate and provide recommendations on any plan prepared pursuant to Section 9148.4 or 9148.6, or any other legislative issue or proposal to create a new state board. (b) The Joint Sunset Review Committee shall provide to the respective policy and fiscal committees of the Legislature any evaluation and recommendations prepared pursuant to this section. (c) If an appropriate policy committee does not evaluate a plan prepared pursuant to Section 9148.6, then the Joint Sunset Review Committee shall evaluate the plan and provide recommendations to the Legislature. (Amended by Stats. 2011, Ch. 315, Sec. 5. (AB 28) Effective January 1, 2012.)
  53. 9149.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The Legislature states that the historic State Capitol should be preserved and maintained, and creates a permanent official body for advisory review of its upkeep and management.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149. The Legislature finds and declares that the historic State Capitol is a state historic and architectural legacy which must be preserved and maintained in a manner befitting the significance of the structures to the history and people of California. It is the intention of the Legislature, in enacting this article, to provide a permanent, official body to be charged with advisory review of the maintenance, restoration, development, and management of the historic State Capitol. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  54. 9149.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    This section defines “Commission,” “Historic State Capitol,” and “Historic fabric” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.1. As used in this article, the following terms have the following meanings: (a) “Commission” means the Historic State Capitol Commission created by Section 9149.2. (b) “Historic State Capitol” means the building housing the state legislative offices and chambers, situated in the area bounded by 10th, L, 15th, and N Streets in the City of Sacramento, including the portions of the State Capitol Building Annex that contain historic fabric, and Capitol Park, provided that Capitol Park shall be included in the historic State Capitol for purposes of this article only upon the adoption by the Joint Rules Committee of a master plan regarding Capitol Park. (c) “Historic fabric” means original or added building or construction materials, features, and finishes that are deemed by the commission as historically or architecturally significant. (Amended by Stats. 2012, Ch. 547, Sec. 4. (AB 2445) Effective January 1, 2013.)
  55. 9149.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The commission may request, and state agencies must provide, assistance and data relevant to the commission’s duties and responsibilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.10. The commission may request and shall receive assistance and data, relevant to the commission’s duties and responsibilities, from every agency of state government. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  56. 9149.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The commission must keep complete records of its proceedings and may publish reports and other publications connected to its 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 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.11. The commission shall maintain complete records of its proceedings and may publish reports and other publications in connection with its duties and responsibilities. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  57. 9149.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The commission must use covered funds only to further this article’s objectives.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.12. The commission shall use any funds appropriated to its use, or allocated to its use by the Joint Rules Committee, donated to it, or acquired as revenue from any concession operated in the State Capitol, only for purposes of furthering the objectives of this article. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  58. 9149.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The commission must review and advise on any interagency agreement for managing concessions within the historic State Capitol.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.13. The commission shall review and advise on any interagency agreement for management of concessions within the historic State Capitol. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  59. 9149.14.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The commission must hire an executive officer and needed staff, and the executive officer cannot be employed without a majority-vote approval from 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.14. The commission shall employ an executive officer, who shall have at least three years of administrative-curatorial experience in the cultural or historic preservation fields, and staff persons as may be necessary to provide administrative services to the commission. No person may be employed as executive officer without approval, by majority vote, of the members of the Joint Rules Committee. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  60. 9149.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The commission may contract with public or private agencies for services related to its duties, if it considers the services necessary and the Joint Rules Committee approves.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.15. The commission may contract with any agency, public or private, for services, in connection with the commission’s duties and responsibilities, as the commission determines to be necessary, including, but not limited to, the Department of Parks and Recreation in connection with the management of the Capitol Museum, as approved by the Joint Rules Committee. These contracts shall be subject to and consistent with existing laws, rules, and state policy regarding contracts with private firms or individuals for services provided to the state. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  61. 9149.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The commission must report annually to the Legislature on its activities and propose needed legislation about the historic State Capitol.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.16. The commission annually shall report to the Legislature on its activities. The commission shall propose to the Legislature such recommendations for legislation in connection with the historic State Capitol as the commission determines to be necessary. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  62. 9149.17.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The commission must submit a proposed budget each fiscal year, and the Joint Rules Committee must approve the budget by majority vote. The commission is also to be funded through allocations from the Assembly and Senate contingent funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.17. The commission shall be supported by allocations by the Joint Rules Committee from the Contingent Funds of the Assembly and Senate. The commission annually shall submit to the Joint Rules Committee a proposed budget for each fiscal year. The budget shall be subject to approval by a majority vote of the Joint Rules Committee. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  63. 9149.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    This section creates the Historic State Capitol Commission, sets it at seven members, and describes how members are appointed, how long they serve, and how vacancies are filled.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.2. (a) There is in state government, the Historic State Capitol Commission, which shall consist of seven members, initially appointed as follows: (1) Two members appointed by the Speaker of the Assembly, with one member initially serving a term of four years and one member initially serving a term of six years; thereafter, any appointment under this paragraph shall be for a term of six years. (2) Two members appointed by the President pro Tempore of the Senate, with one member initially serving a term of two years and one member initially serving a term of six years; thereafter, any appointment under this paragraph shall be for a term of six years. (3) The State Historic Preservation Officer, the State Librarian, and the State Archivist, who shall serve ex officio. (b) Each member shall serve until his or her successor is appointed and qualified. Vacancies shall be filled by the appointing power for the remainder of the term. The commission shall from time to time elect one of its members to chair the commission. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  64. 9149.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 10. Whistleblower Protection Act [9149.20 - 9149.23] ( Article 10 added by Stats. 1999, Ch. 156, Sec. 1. )

    Verify source ↗

    This article may be cited as the Whistleblower Protection 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 10. Whistleblower Protection Act [9149.20 - 9149.23] ( Article 10 added by Stats. 1999, Ch. 156, Sec. 1. ) ## 9149.20. This article shall be known and may be cited as the Whistleblower Protection Act. (Added by Stats. 1999, Ch. 156, Sec. 1. Effective January 1, 2000.)
  65. 9149.21.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 10. Whistleblower Protection Act [9149.20 - 9149.23] ( Article 10 added by Stats. 1999, Ch. 156, Sec. 1. )

    Verify source ↗

    The Legislature states that state employees and other persons should disclose improper governmental activities, unless disclosure is expressly prohibited by law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 10. Whistleblower Protection Act [9149.20 - 9149.23] ( Article 10 added by Stats. 1999, Ch. 156, Sec. 1. ) ## 9149.21. It is the intent of the Legislature that state employees and other persons should disclose, to the extent not expressly prohibited by law, improper governmental activities. (Added by Stats. 1999, Ch. 156, Sec. 1. Effective January 1, 2000.)
  66. 9149.22.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 10. Whistleblower Protection Act [9149.20 - 9149.23] ( Article 10 added by Stats. 1999, Ch. 156, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the Whistleblower Protection Act 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 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 10. Whistleblower Protection Act [9149.20 - 9149.23] ( Article 10 added by Stats. 1999, Ch. 156, Sec. 1. ) ## 9149.22. For the purposes of this article, the following words have the following meanings: (a) “Committee” means any investigating committee of the Legislature. (b) “Employee” means any individual appointed by the Governor or employed or holding office in a state agency, as defined by Section 11000, including the California State University and the University of California, or any public entity as defined by Section 7260, or any agency of local government, as defined in subdivision (d) of Section 8 of Article XIII B of the California Constitution. (c) “Improper governmental activity” means any activity by a governmental agency or by an employee that is undertaken in the performance of the employee’s official duties, whether or not that action is within the scope of his or her employment, and that (1) is in violation of any state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, or (2) is economically wasteful, or involves gross misconduct, incompetency, or inefficiency. (d) “Person” means any individual, corporation, trust, association, any state or local government, or any agency or instrumentality of any of the foregoing. (e) “Use of official authority or influence” includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including, but not limited to, appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. (Added by Stats. 1999, Ch. 156, Sec. 1. Effective January 1, 2000.)
  67. 9149.23.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 10. Whistleblower Protection Act [9149.20 - 9149.23] ( Article 10 added by Stats. 1999, Ch. 156, Sec. 1. )

    Verify source ↗

    An employee must not use official authority or influence to intimidate or coerce someone to stop them from telling a legislative committee about improper governmental activities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 10. Whistleblower Protection Act [9149.20 - 9149.23] ( Article 10 added by Stats. 1999, Ch. 156, Sec. 1. ) ## 9149.23. (a) An employee may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command any person for the purpose of interfering with the right of that person to disclose to a legislative committee improper governmental activities. (b) Any employee who violates subdivision (a) may be liable in an action for civil damages brought against the employee by the offended party. (c) Nothing in this section shall be construed to authorize an individual to disclose information otherwise prohibited by or under law. (d) Nothing in this section shall be construed to abrogate or limit any other theory of liability or any other remedy that is otherwise available at law. (Added by Stats. 1999, Ch. 156, Sec. 1. Effective January 1, 2000.)
  68. 9149.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The appointees of the Speaker of the Assembly and the President pro Tempore of the Senate must include one arts or humanities representative and one member of the general 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 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.3. The appointees of both the Speaker of the Assembly and the President pro Tempore of the Senate shall include one person who represents the arts or humanities and one person from the general public. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  69. 9149.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 11. Legislative Employee Whistleblower Protection Act [9149.30 - 9149.36] ( Article 11 added by Stats. 2018, Ch. 2, Sec. 1. )

    Verify source ↗

    This section names the article the Legislative Employee Whistleblower Protection Act and allows it to be cited by that name.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 11. Legislative Employee Whistleblower Protection Act [9149.30 - 9149.36] ( Article 11 added by Stats. 2018, Ch. 2, Sec. 1. ) ## 9149.30. This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act. (Added by Stats. 2018, Ch. 2, Sec. 1. (AB 403) Effective February 5, 2018.)
  70. 9149.31.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 11. Legislative Employee Whistleblower Protection Act [9149.30 - 9149.36] ( Article 11 added by Stats. 2018, Ch. 2, Sec. 1. )

    Verify source ↗

    The Legislature states that a specific process should exist for legislative employees to report legal and ethical violations without fear of retribution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 11. Legislative Employee Whistleblower Protection Act [9149.30 - 9149.36] ( Article 11 added by Stats. 2018, Ch. 2, Sec. 1. ) ## 9149.31. The Legislature finds and declares that, in addition to existing retaliation protections under Section 1102.5 of the Labor Code and under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), it is necessary to establish a specific process for legislative employees who report legal and ethical violations, so that they may do so without fear of retribution. (Added by Stats. 2018, Ch. 2, Sec. 1. (AB 403) Effective February 5, 2018.)
  71. 9149.32.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 11. Legislative Employee Whistleblower Protection Act [9149.30 - 9149.36] ( Article 11 added by Stats. 2018, Ch. 2, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the legislative employee whistleblower article, including “interfere,” “legislative employee,” “protected disclosure,” “retaliate,” and “use of official authority or influence.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 11. Legislative Employee Whistleblower Protection Act [9149.30 - 9149.36] ( Article 11 added by Stats. 2018, Ch. 2, Sec. 1. ) ## 9149.32. For the purposes of this article, the following terms have the following meanings: (a) “Interfere” means to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command a legislative employee who attempts to make a protected disclosure. (b) “Legislative employee” means an individual, other than a Member of either house of the Legislature, who is, or has been, employed by either house of the Legislature. “Legislative employee” includes volunteers, interns, fellows, and applicants. (c) “Protected disclosure” means a communication that is both of the following: (1) Made by a legislative employee in good faith alleging that any of the following engaged in, or will engage in, activity that may constitute a violation of any law, including sexual harassment, or of a legislative code of conduct: (A) A Member of the Legislature. (B) A legislative employee. (C) A person who is neither a Member of the Legislature nor a legislative employee whose behavior affects a Member or legislative employee who is engaged in a work-related activity. (2) Protected under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or made to any of the following entities: (A) The Senate Committee on Rules, or its publicly identified designee. (B) The Assembly Committee on Rules, or its publicly identified designee. (C) The Joint Committee on Rules, or its publicly identified designee. (D) A state or local law enforcement agency. (E) A state agency authorized to investigate potential violations of state law. (F) An individual with authority over the legislative employee, or another legislative employee who has authority to investigate, discover, or correct the violation or noncompliance. (d) “Retaliate” means to take any action that would dissuade a reasonable individual from making or supporting a protected disclosure, including issuing a reprisal, threatening, coercing, or taking any similarly improper action against a legislative employee who makes a protected disclosure. (e) “Use of official authority or influence” includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including an appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. (Amended by Stats. 2018, Ch. 952, Sec. 1. (SB 419) Effective September 30, 2018.)
  72. 9149.33.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 11. Legislative Employee Whistleblower Protection Act [9149.30 - 9149.36] ( Article 11 added by Stats. 2018, Ch. 2, Sec. 1. )

    Verify source ↗

    Legislative members and legislative employees must not use their official authority or influence to interfere with a legislative employee’s protected disclosure. Violations can lead to a fine and up to one year in county jail.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 11. Legislative Employee Whistleblower Protection Act [9149.30 - 9149.36] ( Article 11 added by Stats. 2018, Ch. 2, Sec. 1. ) ## 9149.33. (a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that individual’s official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure. (b) An individual who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. (c) In addition to all other penalties, rights, or remedies provided by law, an individual or entity that uses or attempts to use its official authority or influence for the purpose of interfering with the right of a legislative employee to make a protected disclosure is liable in a civil action for damages brought by a legislative employee. (d) This section shall not be construed to authorize an individual to disclose information the disclosure of which is prohibited by law. (Added by Stats. 2018, Ch. 2, Sec. 1. (AB 403) Effective February 5, 2018.)
  73. 9149.34.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 11. Legislative Employee Whistleblower Protection Act [9149.30 - 9149.36] ( Article 11 added by Stats. 2018, Ch. 2, Sec. 1. )

    Verify source ↗

    An individual who intentionally retaliates against a legislative employee for making a protected disclosure can be fined up to $10,000 and jailed for up to one 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 11. Legislative Employee Whistleblower Protection Act [9149.30 - 9149.36] ( Article 11 added by Stats. 2018, Ch. 2, Sec. 1. ) ## 9149.34. An individual who intentionally retaliates against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. (Added by Stats. 2018, Ch. 2, Sec. 1. (AB 403) Effective February 5, 2018.)
  74. 9149.35.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 11. Legislative Employee Whistleblower Protection Act [9149.30 - 9149.36] ( Article 11 added by Stats. 2018, Ch. 2, Sec. 1. )

    Verify source ↗

    This section makes intentional retaliation against a legislative employee for a protected disclosure liable for damages, and it can also lead to attorney’s fees, costs, and possible punitive damages.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 11. Legislative Employee Whistleblower Protection Act [9149.30 - 9149.36] ( Article 11 added by Stats. 2018, Ch. 2, Sec. 1. ) ## 9149.35. (a) In addition to all other penalties, rights, and remedies provided by law, an individual or entity that intentionally retaliates against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee. (b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure. (2) If liability is established under paragraph (1), the prevailing plaintiff is entitled to recover reasonable attorney’s fees and costs. (3) Punitive damages may be awarded by the court if the acts of the offending party are proven to be fraudulent, oppressive, or malicious. (Added by Stats. 2018, Ch. 2, Sec. 1. (AB 403) Effective February 5, 2018.)
  75. 9149.36.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 11. Legislative Employee Whistleblower Protection Act [9149.30 - 9149.36] ( Article 11 added by Stats. 2018, Ch. 2, Sec. 1. )

    Verify source ↗

    This section says the article does not reduce other legal rights or remedies, and any penalties or damages under the article are added on top of other federal or state law remedies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 11. Legislative Employee Whistleblower Protection Act [9149.30 - 9149.36] ( Article 11 added by Stats. 2018, Ch. 2, Sec. 1. ) ## 9149.36. (a) This article does not limit the application of any other rights or remedies under federal or state law, and any penalties imposed or damages awarded under this article are in addition to those provided under any other federal or state law, including, but not limited to, Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code). (b) This article does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature. (Added by Stats. 2018, Ch. 2, Sec. 1. (AB 403) Effective February 5, 2018.)
  76. 9149.38.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 12. Legislative Discriminatory Harassment Retaliation Prevention Act [9149.38 - 9149.41] ( Article 12 added by Stats. 2018, Ch. 952, Sec. 2. )

    Verify source ↗

    This article is named the Legislative Discriminatory Harassment Retaliation Prevention Act and may be cited by that name.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 12. Legislative Discriminatory Harassment Retaliation Prevention Act [9149.38 - 9149.41] ( Article 12 added by Stats. 2018, Ch. 952, Sec. 2. ) ## 9149.38. This article shall be known and may be cited as the Legislative Discriminatory Harassment Retaliation Prevention Act. (Added by Stats. 2018, Ch. 952, Sec. 2. (SB 419) Effective September 30, 2018.)
  77. 9149.39.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 12. Legislative Discriminatory Harassment Retaliation Prevention Act [9149.38 - 9149.41] ( Article 12 added by Stats. 2018, Ch. 952, Sec. 2. )

    Verify source ↗

    This section defines “discriminatory harassment,” “legislative advocate,” and “legislative employee” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 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 12. Legislative Discriminatory Harassment Retaliation Prevention Act [9149.38 - 9149.41] ( Article 12 added by Stats. 2018, Ch. 952, Sec. 2. ) ## 9149.39. For purposes of this article, the following terms have the following meanings: (a) “Discriminatory harassment” means harassment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. (b) “Legislative advocate” means an individual whose activities include communicating directly or through his or her agent with a Member of the Legislature, or any officer or employee thereof, for the purpose of influencing legislative action. (c) “Legislative employee” means an individual, other than a Member of the Legislature, who is, or has been, employed by either house of the Legislature. “Legislative employee” includes volunteers, interns, fellows, and applicants. (Added by Stats. 2018, Ch. 952, Sec. 2. (SB 419) Effective September 30, 2018.)
  78. 9149.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    Commission members serve without compensation, but may be reimbursed for travel and living expenses tied to their official duties at rates set by the Department of Human Resources.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.4. The members of the commission shall serve without compensation, but shall receive reimbursement for travel and living expenses in connection with their official duties, at rates established by the Department of Human Resources. (Amended by Stats. 2012, Ch. 665, Sec. 46. (SB 1308) Effective January 1, 2013.)
  79. 9149.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 12. Legislative Discriminatory Harassment Retaliation Prevention Act [9149.38 - 9149.41] ( Article 12 added by Stats. 2018, Ch. 952, Sec. 2. )

    Verify source ↗

    A house of the Legislature may not fire, expel, or discriminate against a legislative advocate or legislative employee for protected complaints, opposition, testimony, or assistance, and violations can be fined up to $10,000.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 12. Legislative Discriminatory Harassment Retaliation Prevention Act [9149.38 - 9149.41] ( Article 12 added by Stats. 2018, Ch. 952, Sec. 2. ) ## 9149.40. (a) A house of the Legislature shall not discharge, expel, or otherwise discriminate against a legislative advocate or a legislative employee because that person has opposed any practices forbidden under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3), opposed any practice actionable under Section 51 or 51.9 of the Civil Code, or filed a complaint, testified, or assisted in any proceeding relating to a complaint of discriminatory harassment made pursuant to those laws. A vote of the house or the deliberation of legislative matters within its jurisdiction shall not be considered an act to discharge, expel, or otherwise discriminate against a legislative advocate or a legislative employee for purposes of this subdivision. (b) A violation of this section is subject to a fine not to exceed ten thousand dollars ($10,000). (c) This article does not limit either of the following: (1) The application of any other rights or remedies under federal or state law. (2) The authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature. (d) The civil fine imposed under this article is in addition to those provided by any other federal or state law, including Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code). (Added by Stats. 2018, Ch. 952, Sec. 2. (SB 419) Effective September 30, 2018.)
  80. 9149.41.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 12. Legislative Discriminatory Harassment Retaliation Prevention Act [9149.38 - 9149.41] ( Article 12 added by Stats. 2018, Ch. 952, Sec. 2. )

    Verify source ↗

    Each house of the Legislature must keep a record system for discriminatory harassment complaints and retain each complaint record for at least 12 years after the complaint is made.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 12. Legislative Discriminatory Harassment Retaliation Prevention Act [9149.38 - 9149.41] ( Article 12 added by Stats. 2018, Ch. 952, Sec. 2. ) ## 9149.41. Each house of the Legislature shall implement a system to maintain a record of each discriminatory harassment complaint made to that house for a period of at least 12 years after the complaint is made. (Added by Stats. 2018, Ch. 952, Sec. 2. (SB 419) Effective September 30, 2018.)
  81. 9149.5.

    ## 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The Joint Rules Committee must appoint a six-member Subcommittee on the Capitol Restoration Project to monitor the commission, and the appointed legislators have no vote in commission proceedings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.5. The Joint Rules Committee shall appoint a Subcommittee on the Capitol Restoration Project, comprised of three members from the Senate and three from the Assembly, to monitor the commission. The legislators so appointed shall have no vote in commission proceedings. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  82. 9149.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The commission needs four members for a quorum, and commission action requires an affirmative recorded vote of four or more members. Its meetings must be open to the public, and it meets when called by the chairperson or at times it prescribes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.6. (a) Four members of the commission shall constitute a quorum to do business, and no action of the commission may be taken except upon an affirmative recorded vote of four or more members. (b) All meetings of the commission shall be open to the public. (c) The commission shall meet upon call of the chairperson and at such other times as it may prescribe. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  83. 9149.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The commission has powers to plan, manage, advise on, acquire for, and support historic State Capitol restoration and cultural activities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.7. The commission shall have the following powers and duties: (a) To prepare, complete, and, from time to time, to amend, a comprehensive master plan, based on a priority of needs, for the restoration, preservation, and maintenance of the historic State Capitol. (b) To review and advise the Legislature on any development, improvement, or other physical change in any aspect of the historic State Capitol. (c) To manage, with the approval of the Joint Rules Committee, all historic and museum spaces and any concessions, in the historic State Capitol. (d) To develop and manage historic art loans or other programs, exhibits, films, convocations, or other activities of an historic, architectural, or cultural nature, including any museum space in the historic State Capitol, as the commission determines will serve the interests of the public and promote public interest in the historic State Capitol under Joint Rules Committee supervision. (e) To purchase for the state, or to accept as gifts to the state, any furnishings, artifacts, works of art, or other property which the commission determines will enhance the historic and cultural aspects of the historic State Capitol. All furnishings, artifacts, works of art, or other property so acquired shall be managed by the commission under supervision of the Joint Rules Committee. (f) To accept financial contributions from any source, public or private, including any advisory foundation or group. (g) To do any other act which the commission determines will maintain or enhance the historic and cultural legacy of the historic State Capitol. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  84. 9149.8.

    ## 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 1.5. General [9000 - 9149.41] ( Heading of Chapter 1.5 renumbered from Chapter 1 by Stats. 1966, 1st Ex. Sess., Ch. 163. ) ## ARTICLE 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The commission must follow accepted standards for restoring, preserving, and maintaining historic structures when carrying out its duties, where applicable and feasible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.8. In carrying out its duties and responsibilities under this article, the commission shall follow accepted standards for restoration, preservation, and maintenance of historic structures, including all of the following, where applicable and feasible: (a) Standards for historic preservation, maintenance, recordation, and documentation of landmarks, promulgated by the United States Department of the Interior or its successor. (b) Guidelines and museum management procedures, established by the National Trust for Historic Preservation or its successor. (c) Standards, procedures, and guidelines for maintenance and protection of historic properties established or administered by the State Historic Preservation Officer and the Office of Historic Preservation. (d) The management, conservation, and accession policies and procedures for historic features and artifacts developed for the Capitol Museum project interpretive program of the Joint Rules Committee in connection with the State Capitol Restoration Project conducted under Section 9124. (e) Recommended procedures of the American Association of Museums. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  85. 9149.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. )

    Verify source ↗

    The commission must maintain historic data, research, and project files related to the State Capitol Restoration Project, may use them, and must transfer covered written materials to the State Archives when the commission begins 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 9. The Historic State Capitol Commission [9149 - 9149.17] ( Article 9 added by Stats. 1984, Ch. 1757, Sec. 8. ) ## 9149.9. The commission shall maintain and may utilize all historic data, research, and project files developed and gathered by the state, and in the possession of the state, in connection with the State Capitol Restoration Project. On the date that the commission commences business, all of the written materials covered under this section shall be transferred to the State Archives to inventory, process, and store on behalf of the commission. (Added by Stats. 1984, Ch. 1757, Sec. 8. Effective October 1, 1984.)
  86. 915.

    ## 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 2. Manner of Presentation and of Giving Notice [915 - 915.4] ( Article 2 added by Stats. 1963, Ch. 1715. )

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    This section says how a claim, amendment, or late-claim application must be delivered, mailed, or sometimes submitted electronically to the correct public entity office.

    ## 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 2. Manner of Presentation and of Giving Notice [915 - 915.4] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 915. (a) A claim, any amendment thereto, or an application to the public entity for leave to present a late claim shall be presented to a local public entity by any of the following means: (1) Delivering it to the clerk, secretary, or auditor thereof. (2) Mailing it to the clerk, secretary, auditor, or to the governing body at its principal office. (3) If expressly authorized by an ordinance or resolution of the public entity, submitting it electronically to the public entity in the manner specified in the ordinance or resolution. (b) Except as provided in subdivisions (c) and (d), a claim, any amendment thereto, or an application for leave to file a late claim shall be presented to the state by either of the following means: (1) Delivering it to an office of the Department of General Services. (2) Mailing it to the Department of General Services at its principal office. (c) A claim, any amendment thereto, or an application for leave to file a late claim shall be presented to a judicial branch entity in accordance with the following means: (1) Delivering or mailing it to the court executive officer, if against a superior court or a judge, court executive officer, or trial court employee, as defined in Section 811.9, of that court. (2) Delivering or mailing it to the Clerk or Executive Officer of the Court of Appeal, if against a court of appeals or a judge of that court. (3) Delivering or mailing it to the Clerk or Executive Officer of the Supreme Court, if against the Supreme Court or a judge of that court. (4) Delivering or mailing it to the Administrative Director of the Judicial Council, if against the Judicial Council or the Administrative Office of the Courts. (d) A claim, any amendment thereto, or an application for leave to file a late claim shall be presented to the Trustees of the California State University by delivering or mailing it to the Office of Risk Management at the Office of the Chancellor of the California State University. (e) A claim, amendment, or application shall be deemed to have been presented in compliance with this section even though it is not delivered or mailed as provided in this section if, within the time prescribed for presentation thereof, any of the following apply: (1) It is actually received by the clerk, secretary, auditor, or board of the local public entity. (2) It is actually received at an office of the Department of General Services. (3) If against the California State University, it is actually received by the Trustees of the California State University. (4) If against a judicial branch entity or judge, it is actually received by the court executive officer, court clerk/administrator, court clerk, or secretariat of the judicial branch entity. (f) A claim, amendment, or application shall be deemed to have been presented in compliance with this section to a public agency as defined in Section 53050 if it is delivered or mailed within the time prescribed for presentation thereof in conformity with the information contained in the statement in the Roster of Public Agencies pertaining to that public agency which is on file at the time the claim, amendment, or application is delivered or mailed. As used in this subdivision, “statement in the Registry of Public Agencies” means the statement or amended statement in the Registry of Public Agencies in the office of the Secretary of State or in the office of the county clerk of any county in which the statement or amended statement is on file. (Amended by Stats. 2020, Ch. 371, Sec. 7. (SB 1473) Effective January 1, 2021.)
  87. 915.2.

    ## 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 2. Manner of Presentation and of Giving Notice [915 - 915.4] ( Article 2 added by Stats. 1963, Ch. 1715. )

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    If certain claims or notices are sent by mail, they must be mailed in the prescribed way, and service by mail extends response deadlines by 5, 10, or 20 days depending on where the address is located.

    ## 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 2. Manner of Presentation and of Giving Notice [915 - 915.4] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 915.2. (a) If a claim, amendment to a claim, or application to a public entity for leave to present a late claim is presented or sent by mail under this chapter, or if any notice under this chapter is given by mail, the claim, amendment, application, or notice shall be mailed in the manner prescribed in this section. The claim, amendment, application, or notice shall be deposited in the United States post office, a mailbox, sub-post office, substation, mail chute, or other similar facility regularly maintained by the government of the United States, in a sealed envelope, properly addressed, with postage paid. The claim, amendment, application, or notice shall be deemed to have been presented and received at the time of the deposit. (b) Any period of notice and any duty to respond after receipt of service of a claim, amendment, application, or notice is extended 5 days upon service by mail, if the place of address is within the State of California, 10 days if the place of address is within the United States, and 20 days if the place of address is outside the United States. This subdivision shall not apply to the written notice set forth in Section 945.6 or the filing of a complaint after denial of a claim. (c) As applied to this section, proof of mailing may be made in the manner prescribed by Section 1013a of the Code of Civil Procedure. (d) If a claim, amendment to a claim, or application to a public entity for leave to present a late claim is submitted electronically, or if any notice under this chapter is given electronically, proof of electronic service may be made in a manner prescribed by Section 1013b of the Code of Civil Procedure, and proof of electronic service may be signed as provided in subparagraph (B) of paragraph (2) of subdivision (e) of Section 1010.6 of the Code of Civil Procedure. (Amended by Stats. 2022, Ch. 215, Sec. 4. (AB 2961) Effective January 1, 2023.)
  88. 915.4.

    ## 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 2. Manner of Presentation and of Giving Notice [915 - 915.4] ( Article 2 added by Stats. 1963, Ch. 1715. )

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    Notices under Sections 910.8, 911.8, and 913 may be delivered personally, mailed to the address stated in the claim or application (or the claimant’s address if no notice address is stated), or sent to the electronic address used to submit an electronic claim unless another electronic address is requested.

    ## 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 2. Manner of Presentation and of Giving Notice [915 - 915.4] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 915.4. (a) The notices provided for in Sections 910.8, 911.8, and 913 shall be given by any of the following methods: (1) Personally delivering the notice to the person presenting the claim or making the application. (2) Mailing the notice to the address, if any, stated in the claim or application as the address to which the person presenting the claim or making the application desires notices to be sent or, if no such address is stated in the claim or application, by mailing the notice to the address, if any, of the claimant as stated in the claim or application. (3) If the claim or application is submitted electronically, by sending the notice to the electronic address from which the claim or application was received unless the person presenting the claim or making the application requests notice to be sent to an alternative electronic address. (b) No notice need be given where the claim or application fails to state either an address to which the person presenting the claim or making the application desires notices to be sent or an address of the claimant. (Amended by Stats. 2020, Ch. 371, Sec. 9. (SB 1473) Effective January 1, 2021.)
  89. 9150.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Temporary Officers and Employees [9150 - 9151] ( Article 1 enacted by Stats. 1943, Ch. 134. )

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    Certain legislative officers must keep performing their official duties at the next succeeding session until successors are elected and qualify.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Temporary Officers and Employees [9150 - 9151] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 9150. The Secretary of the Senate, the Chief Clerk of the Assembly, and the minute clerks and Sergeant-at-Arms of each house for any session shall perform the duties of their offices at the next succeeding session, until their successors are elected and qualify. (Enacted by Stats. 1943, Ch. 134.)
  90. 91500.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 1. General Provisions and Definitions [91500 - 91504] ( Article 1 added by Stats. 1980, Ch. 1358. )

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    This title may be cited as the California Industrial Development Financing Act.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 1. General Provisions and Definitions [91500 - 91504] ( Article 1 added by Stats. 1980, Ch. 1358. ) ## 91500. This title may be cited as the California Industrial Development Financing Act. (Added by Stats. 1980, Ch. 1358.)
  91. 91501.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 1. General Provisions and Definitions [91500 - 91504] ( Article 1 added by Stats. 1980, Ch. 1358. )

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    The Legislature finds that this financing title is intended to promote economic development, increase employment opportunities, and support certain distressed communities and projects.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 1. General Provisions and Definitions [91500 - 91504] ( Article 1 added by Stats. 1980, Ch. 1358. ) ## 91501. The Legislature hereby finds that it is necessary and essential that the state, in cooperation with the federal government, use all practical means and measures to promote and enhance economic development and increase opportunities for useful employment. The Legislature further finds the alternative method of financing provided in this title will benefit economically distressed communities with concentrated unemployment by employing a labor force from those communities and areas where persons are displaced due to industrial failures. The Legislature further finds that the alternative method of financing provided in this title will benefit economically distressed areas of the state and localities that are making diligent efforts to maintain and provide services to existing companies and to prevent the loss of existing jobs. The Legislature further finds that the alternative method of financing provided in this title will benefit those projects that would employ persons living within an economically distressed area, or projects that are partially funded by the federal government, including, but not limited to, the United States Department of Labor, the United States Department of Housing and Urban Development, or the Economic Development Administration of the United States Department of Commerce. The Legislature further finds and determines that businesses within this state that create, produce, or manufacture tangible goods and require new methods to finance the capital outlays required to acquire, construct, or rehabilitate facilities, equipment, and furnishings that will result in an increase in employment opportunities, the retention of existing jobs, or otherwise contribute to economic development, and the alternate method of financing provided in this division is in the public interest and serves a public purpose and will promote the health, welfare, and safety of the citizens of the State of California. The Legislature further finds that regional research and development facilities are beneficial to the state and the regions where they are located by providing jobs, contributing to economic development in the state and the surrounding community, and being a source of intellectual capital and intangible assets that ultimately aid California businesses in entering, expanding, and competing in, world markets. Therefore, the Legislature finds that research and development facilities should be designated “permitted activities” under the state’s industrial development bond program. (Amended by Stats. 2009, Ch. 648, Sec. 2. (AB 1009) Effective November 5, 2009.)
  92. 91502.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 1. General Provisions and Definitions [91500 - 91504] ( Article 1 added by Stats. 1980, Ch. 1358. )

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    This section states the purpose of the title: to support business financing for acquiring, constructing, or rehabilitating facilities, while promoting the public health, welfare, and safety.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 1. General Provisions and Definitions [91500 - 91504] ( Article 1 added by Stats. 1980, Ch. 1358. ) ## 91502. It is the purpose of this title to carry out and make effective the findings of the Legislature, and to that end, to provide business with an alternative method of financing in acquiring, constructing, or rehabilitating facilities, including, but not limited to, equipment and furnishings, in accordance with the criteria set forth in Section 91502.1, all to the mutual benefit of the people of the state and to protect their health, welfare, and safety. (Amended by Stats. 2009, Ch. 648, Sec. 3. (AB 1009) Effective November 5, 2009.)
  93. 91502.1.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 1. General Provisions and Definitions [91500 - 91504] ( Article 1 added by Stats. 1980, Ch. 1358. )

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    This section states a state policy to use revenue bonds to help private enterprise acquire property, and it defines “employee-owned corporation” and “employee ownership.”

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 1. General Provisions and Definitions [91500 - 91504] ( Article 1 added by Stats. 1980, Ch. 1358. ) ## 91502.1. (a) The Legislature declares that it is the policy of this state, consistent with environmental, resource conservation, and other policies, to facilitate for and on behalf of private enterprise the acquisition of property, either suitable for or evidencing an obligation respecting any one or more of the activities or uses set forth in Section 91503, through the issuance of revenue bonds by authorities in accordance with the criteria set forth in subdivision (b), and that this additional method of financing when made available in accordance with that policy serves a public purpose and will promote the prosperity, health, safety, and welfare of the citizens of the State of California. (b) The Legislature declares that the criteria to be utilized to determine whether this method of financing may be made available shall include the following: (1) Whether employment benefits arising out of the use of the facilities may ensue by securing or increasing (A) the number of employees of the company and any other direct users of the facilities or (B) compensation for that employment, the value of which may be expressed in terms of aggregate direct employment earnings. (2) Whether energy, mineral or natural or cultivated resource conservation benefits arising out of the use of the facilities may ensue by the reduction of waste, improvement of recovery or intensification of utilization of resources that otherwise would be less intensively utilized, or wasted, or not recovered, the value of which may be expressed in terms of the price and amount of the energy, minerals, or other resources saved or recovered, or the price and amount of equivalent energy, minerals, or other resources that would be utilized were the resources not utilized as intensively. (3) Whether consumer benefits arising out of the use of the facilities may ensue by any of the following: (A) Improvement of the quantity or quality or reduction in the price of products, energy, or related services or facilities, the value of which may be expressed in terms of quantity and price differentials. (B) Production of new or improved products, or related services or facilities, the value of which may be expressed in terms of quantity and price. (C) The transfer of ownership of a business or place of work that has closed or is in danger of closing, to its employees for the purpose of formation of an employee-owned corporation, as defined by subdivision (c). (4) Whether economic benefits to the surrounding community or state may ensue. (c) For purposes of this section, “employee-owned corporation” means a corporation that is under employee ownership. “Employee ownership” means the majority ownership of a business in this state by a majority of its employees under either of the following methods: (1) Establishment of an Employee Stock Ownership Plan (ESOP) pursuant to the federal Employee Retirement Income and Security Act (ERISA). All stock initially issued at the time of formation of the employee-owned corporation shall be allocated to the employees and become fully vested within five years of the date the employee-owned corporation begins operation. Voting rights of the employees are established in accordance with Section 409A(e) of the Internal Revenue Code as effective on January 1, 1983. (2) Establishment of a worker-owned cooperative. (Amended by Stats. 2009, Ch. 648, Sec. 4. (AB 1009) Effective November 5, 2009.)
  94. 91503.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 1. General Provisions and Definitions [91500 - 91504] ( Article 1 added by Stats. 1980, Ch. 1358. )

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    Property acquired under this article must be suitable for certain listed activities or uses, and generally must not include the excluded activities unless they are incidental or specifically excepted.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 1. General Provisions and Definitions [91500 - 91504] ( Article 1 added by Stats. 1980, Ch. 1358. ) ## 91503. The property acquired pursuant to this article shall be suitable for, or shall evidence an obligation respecting, certain activities or uses. The activities or uses shall include one or more of the activities or uses described in subdivision (a) and, unless incidental to those activities or uses, shall not include any of the activities described in, and not excepted from, subdivision (b). (a) (1) Industrial uses including, without limitation, assembling, fabricating, manufacturing, processing, or warehousing activities with respect to any products of agriculture, forestry, mining, or manufacture, if these activities have demonstrated job creation or retention potential. (2) Energy development, production, collection, or conversion from one form of energy to another. (3) Research and development activities relating to commerce or industry, including, without limitation, professional, administrative, and scientific office and laboratory activities or uses. (4) Commercial uses located within an enterprise zone designated pursuant to Chapter 12.8 (commencing with Section 7070) of Division 7 of Title 1, commercial activities within an empowerment zone and enterprise community designated pursuant to Section 1391 of the Internal Revenue Code of 1986, in effect on January 1, 1998, commercial uses located within a recovery zone designated pursuant to Section 1401 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), or any amendments thereto, or other commercial needs. (5) Processing or manufacturing recycled or reused products and materials by manufacturing facilities. (6) Business activities with the purpose of creating or producing intangible property. (b) (1) Residential real property for family unit or other housing activities. (2) Airport, dock, wharf, or mass commuting activities, or storage or training activities related to any of those activities, unless the property acquired is suitable for one or more of the activities described in paragraph (4) of subdivision (a). (3) Sewage or solid waste disposal activities or electric energy or gas furnishing activities, unless the property acquired is suitable for one or more of the activities described in paragraph (2) or (4) of subdivision (a). (4) Water furnishing activities, unless the property acquired is suitable for one or more of the activities described in paragraph (4) of subdivision (a). (5) Any activities of persons qualifying as exempt persons under Section 501 of the Internal Revenue Code of 1986, as amended, undertaken by those persons, other than activities constituting an unrelated trade or business as described in Section 513 of that code. (Amended by Stats. 2009, Ch. 648, Sec. 5. (AB 1009) Effective November 5, 2009.)
  95. 91504.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 1. General Provisions and Definitions [91500 - 91504] ( Article 1 added by Stats. 1980, Ch. 1358. )

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    This section defines key terms used in the title, including authority, bonds, company, project, revenues, facilities, and tax-exempt/taxable bonds.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 1. General Provisions and Definitions [91500 - 91504] ( Article 1 added by Stats. 1980, Ch. 1358. ) ## 91504. Unless the context otherwise requires, the definitions in this article shall govern the construction of this title, as follows: (a) “Acquire” and its variants means acquire, construct, improve, furnish, equip, repair, reconstruct, or rehabilitate. (b) “Administration expenses” means the reasonable and necessary expenses incurred by an authority in the administration of this title, including, without limitation, fees and costs of paying agents, trustees, attorneys, consultants, and others. (c) “Authority” means any industrial development authority established pursuant to this title. (d) “Board” means the board of directors of an authority. (e) “Bonds” means the revenue obligations, inclusive of principal (premium, if any) and interest authorized to be issued by any authority pursuant to this title, including a single bond, a promissory note or notes, including bond anticipation notes, or other instruments evidencing an indebtedness or obligation. (f) “Bond proceeds” means all amounts received by an authority upon sale or other disposition of any bonds. (g) “Company” means a person, partnership, corporation, whether for profit or not, limited liability company, trust, or other private enterprise of whatever legal form, for which a project is undertaken or proposed to be undertaken pursuant to this title or which is in possession of property owned by an authority, and may include more than a single enterprise. (h) “Cost” as applied to any project, may embrace: (1) The cost of construction, improvement, repair, rehabilitation, and reconstruction. (2) The cost of acquisition, including rights in land and other property, both real and personal and improved and unimproved, and franchises, and disposal rights. (3) The cost of demolishing, removing, or relocating any building or structures on lands so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved or relocated. (4) The cost of machinery, equipment and furnishings, of engineering and architectural surveys, plans, and specifications, and of transportation and storage until the facility is operational. (5) The cost of agents or consultants, including, without limitation, legal, financial, engineering, accounting, and auditing, necessary or incident to a project and of the determination as to the feasibility or practicability of undertaking the project. (6) The cost of issuance of any bonds and of financing, interest prior to, during, and for a reasonable period after completion of a project, and reserves for principal and interest and for extensions, enlargements, additions, repairs, replacements, renovations, rehabilitations, and improvements. (7) The cost of acquiring or refinancing existing obligations incident to the undertaking and carrying out, including the financing, of a project, and the reimbursement to any governmental entity or agency, or any company, of expenditures made by or on behalf of the entity, agency, or company that are costs of the project hereunder, without regard to whether or not the expenditures may have been made before or after the adoption of a resolution of intention with respect to that project by an authority. (8) The cost of making relocation assistance payments as provided by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. (9) In the case only of taxable bonds, the cost of refunding or refinancing any outstanding debt or obligations with respect to any facilities, or the cost of any other working capital. (10) Except as provided in paragraph (9), “cost” does not otherwise include working capital. (i) “Facilities” mean property suitable for any one or more of the activities or uses described in Section 91503 and includes incidental facilities. (j) “Governing body” means the board of supervisors, city council, or board of directors of a redevelopment agency, as the case may be. (k) “Indenture” means any mortgage, deed of trust, trust indenture, security agreement, or other instrument relating to establishing a lien or security interest in, or on, property, any pledge or other instrument relating to the possession of property, and any assignment or other instrument relating to establishing any right, title, or interest in, or related to, property, including the revenues therefrom, given by an authority to a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state, or bondholder or agent, for the security of its bonds and the benefit of the bondholders. (l) “Proceedings” means the actions taken by an authority in undertaking, carrying out, and completing a project, including, without limitation, the project agreements, indenture, bonds, and resolutions. (m) “Project” means the acquisition, construction, improvement, repair, rehabilitation, and reconstruction of facilities and the acquisition and rehabilitation of machinery, equipment, and furnishings, and the acquisition of engineering and architectural surveys, plans, and specifications, and all other necessary and related capital expenditures by the issuance of bonds upon the application of and to be repaid by payments from a company for the purposes of this title. (n) “Project agreements” means the agreements between an authority and a company respecting a project, and may include, without limitation, leases, subleases, options, and installment or other contracts of purchase or sale, loan, or guaranty agreements, notes, mortgages, deeds of trust, and security agreements. (o) “Property” means any land, air rights, water rights, disposal rights, improvements, buildings or other structures, and any personal property, tangible or intangible, and includes, but is not limited to, machinery and equipment, whether or not in existence or under construction, and interests in any of the foregoing, or promissory notes or other obligations of any kind respecting such interests. (p) “Public agency” means any county, city and county, city, or redevelopment agency. (q) “Revenues” means all rents, purchase payments, and other income derived by an authority from, or with respect to, the sale, lease, or other voluntary or involuntary disposition of, or repayment of loans with respect to, property, bond proceeds, and any receipts derived from the deposit or investment of any such income or proceeds in any fund or account of an authority, but does not include receipts designated to cover administration expenses. (r) “Tax-exempt” means, with respect to any bonds, that the interest on the bonds is excluded from gross income of the holders thereof for federal income tax purposes, or is otherwise entitled to any federal tax advantage. (s) “Taxable” means, with respect to any bonds, that the bonds are not tax-exempt. (Amended by Stats. 2018, Ch. 645, Sec. 1. (AB 1547) Effective September 21, 2018.)
  96. 9151.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Temporary Officers and Employees [9150 - 9151] ( Article 1 enacted by Stats. 1943, Ch. 134. )

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    The Secretary of the Senate and the Chief Clerk of the Assembly may appoint temporary employees when they think this is needed to organize their chambers, and those employees serve only until permanent organization is completed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Temporary Officers and Employees [9150 - 9151] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 9151. The Secretary of the Senate may appoint such temporary employees as are in his opinion necessary for the proper organization of the Senate. The Chief Clerk of the Assembly may appoint such temporary employees as are in his opinion necessary for the proper organization of the Assembly. They shall serve only until the permanent organization is completed. (Enacted by Stats. 1943, Ch. 134.)
  97. 91520.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    Public agencies may use or create an industrial development authority, but an authority cannot act until the governing body declares it needed.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91520. (a) There is in each public agency a public, corporate instrumentality of the State of California, known as the industrial development authority of the public agency. Each public agency is authorized to utilize that authority in the issuance of revenue bonds in the accomplishment of the public purposes as provided in Section 91502. The purposes provided in Section 91502 shall be deemed to constitute public purposes of the public agency, and the exercise by each authority of the powers conferred by this title, including the power to issue revenue bonds, shall be deemed to be the performance of an essential governmental function of the public agency; provided, however, that exercise of the powers conferred by this title in the achievement of the purposes provided in Section 91502 shall be subject to the provisions of, and exclusively as provided in, this article. (b) An authority shall not transact any business or exercise any powers under this article unless, by ordinance, or, in the case of a redevelopment agency, by resolution, the governing body declares that there is a need for the authority and that the authority shall function. The ordinance shall be subject to referendum in the manner prescribed by law for ordinances of the public agency. With respect to a redevelopment agency, the resolution provided for herein shall be subject to referendum in the manner prescribed by law for ordinances of the community in which the agency is located. (c) An authority shall conclusively be deemed to have been established and authorized to transact business and exercise its powers upon proof of the adoption of such an ordinance or resolution. (d) Notwithstanding any other provision contained in this article, a public agency shall have the power to transact any business or exercise any powers of an authority conferred by this title without having to establish an authority. However, a public agency may, at its option, establish an authority pursuant to the provisions of this article to exercise any powers conferred by this article. In the event that a public agency acts as an industrial development authority, any reference to authority and board contained in this title shall mean public agency and governing body, respectively. (Amended by Stats. 1999, Ch. 61, Sec. 3. Effective January 1, 2000.)
  98. 91521.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    An authority may act only to carry out projects financed through bonds, and its project jurisdiction must match the territory of the public agency.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91521. (a) The sole purpose of an authority is to undertake projects through the issuance of bonds in accomplishment of the purposes provided in Section 91502, and to carry out and complete such projects and perform and exercise derivative obligations and powers. (b) The jurisdiction of an authority to undertake projects shall be coincident as to territory with the territory of the public agency. (Added by Stats. 1980, Ch. 1358.)
  99. 91522.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    Boards may exercise authority powers only to accomplish the authorities’ purposes, and directors must meet residency and service rules.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91522. (a) All powers vested in authorities shall be exercisable as their respective boards shall provide, solely in the accomplishment of the purposes of authorities. (b) A board shall consist of any authorized number of directors not less than three. The authorized number of directors shall be established by resolution of the governing body from time to time, except that when the resolution provided for by Section 91523 shall have been adopted, the authorized number of directors shall be the same as the authorized number of members of the governing body. (c) Each director shall reside within the territory of the public agency and, unless the resolution provided for by Section 91523 has been adopted, shall not be an officer or employee of the public agency. Failure of a director to reside within the territory of the public agency or the existence of an official or employment relationship with the public agency shall not affect the validity of any project agreements, indentures, bonds or other proceedings or actions taken by an authority or public agency. (d) Unless the resolution provided for by Section 91523 has been adopted, the directors shall be appointed by the governing body and they shall be appointed in such a manner that they shall hold office for overlapping terms. At the time of the appointment of the first directors, the governing body shall divide the directors into three groups containing as nearly equal whole numbers as possible. The first term of the directors included in the first group shall be approximately one year, the first term of the directors included in the second group shall be approximately two years, the first term of the directors included in the third group shall be approximately three years, as determined by the governing body, and thereafter the terms of all directors shall be three years. Directors shall be eligible for reappointment for an unlimited number of terms. (e) The directors shall serve without compensation, except that they may be reimbursed for their actual and necessary expenses incurred in the performance of their duties, or at the discretion of the governing body, may receive a reasonable per diem payment and mileage charge as reimbursement for living and traveling expenses incurred in the performance of duties away from the principal office. In addition, at the discretion of the governing body, they may also receive a reasonable mileage charge as reimbursement for traveling expenses to and from the principal office of the authority or the place of meeting, if other than at the principal office. (f) Should the authorized number of directors be increased by a resolution authorized by subdivision (b), the additional directors shall be appointed for terms such that, when the number of directors is divided into three groups containing as nearly equal whole numbers as possible, the expiration of the first terms of the additional directors shall coincide with the expiration of the current terms of the directors within the same group. Should the authorized number of directors be reduced by such a resolution, the reduction shall be accomplished in accordance with the same criterion, except that a reduction, the effect of which would be to shorten the tenure of any director, shall not become effective until vacancy or expiration of term. (g) Vacancies shall be filled by appointment of the governing body for the unexpired term, unless the authorized number of directors is reduced as provided in subdivision (f). (h) A director’s tenure shall continue until his successor has been appointed and qualified; provided, however, that a director may be removed from office by the governing body for cause after notice and opportunity for hearing. (Amended by Stats. 1982, Ch. 1605, Sec. 3.)
  100. 91523.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    The governing body may, by resolution, declare itself to be the board instead of appointing directors under Section 91522.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91523. As an alternate to the appointment of directors pursuant to Section 91522, the governing body may, at its sole discretion and at any time regardless of the incumbency of any directors appointed pursuant to Section 91522, by resolution, declare itself to be the board, in which case all the rights, powers, privileges, duties, liabilities, disabilities, and immunities vested in a board shall be vested in the governing body as such board and the terms of office of any incumbents appointed pursuant to Section 91522 shall be deemed terminated. A governing body which has adopted a resolution pursuant to this section may at any time adopt the resolution provided for by Section 91522 and, thereupon, the resolution provided for by this section shall, upon the effectiveness of such resolution, be deemed repealed. (Added by Stats. 1980, Ch. 1358.)
  101. 91524.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    An authority must keep its principal office at the public agency’s principal office, have a board chairperson elected from the board, and file a certificate with the public agency clerk identifying its secretary and assistant secretaries.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91524. (a) The principal office of an authority shall be located at the principal office of the public agency. (b) Each authority shall have a chairperson of its board, who shall be elected by the members of the board from among its membership. (c) Public officers of an authority consist of the chairperson and members of the board, a secretary, a treasurer, and such assistants for the secretary and the treasurer as the board may appoint. The corresponding officers of the public agency may, by designation by resolution of the board, be the secretary, the treasurer, and assistants of the authority. The secretary, the treasurer, and assistants may be compensated. (d) An authority shall file, with the clerk of the public agency, a certificate of a majority of the authorized number of directors as to the secretary and any assistant secretaries of the authority, and such certificate shall, until superseded by a later certificate, be conclusive with respect to the authority that such person is the secretary or assistant secretary, as the case may be, of the authority. (e) A certificate of the clerk of the public agency as to the secretary or assistant secretary of the authority, and of the secretary or assistant secretary so certified as to the incumbents of any offices, shall be conclusive with respect to the public agency and the authority that such persons are the incumbents of such offices in any transactions of the authority authorized by this title. (Added by Stats. 1980, Ch. 1358.)
  102. 91525.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    An authority may hire employees and agents, contract for legal counsel, and must adopt personnel rules for its employees.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91525. (a) An authority may appoint such employees and agents, including without limitation financial advisers or consultants, accountants, architects, engineers, or other experts or advisers as it requires, and determine their qualifications, duties, terms of employment or engagement, and compensation. Officers, agents, or employees of a public agency may also be agents or employees of an authority. Officers, agents, or employees of an authority shall not, by reason thereof, be deemed to be officers, agents, or employees of a public agency. An authority shall adopt personnel rules and regulations applicable to its employees. (b) An authority may contract for such legal counsel as in its judgment is necessary or advisable to enable it to carry out its purposes, including such bond counsel as it deems advisable in connection with any proceedings. (c) No attorney or firm of attorneys employed as counsel by a company may serve at the same time as legal counsel, including bond counsel, and no person or firm employed as financial adviser by a company may at the same time serve as financial adviser, to the authority in connection with any project or proposed project for such company. (Added by Stats. 1980, Ch. 1358.)
  103. 91525.5.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    Officials with a disqualifying financial interest must disclose it and may not vote on the related matter.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91525.5. A member of the board or other officer of an authority or a member of the governing body who has any financial interest, other than an interest as defined by Section 1091 or 1091.5, in any project, project agreement, indenture, bonds, or the sale thereof, shall fully disclose the nature of the interest to the board, or governing body, and shall not cast a vote upon any matter concerning that project, project agreement, indenture, bonds, or the sale thereof, in any manner whatsoever, except that the presence of the member may be considered in determining the existence of a quorum. (Added by Stats. 1982, Ch. 1605, Sec. 4.)
  104. 91526.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    An authority may exercise a set of corporate and administrative powers, including suing and being sued, making contracts, adopting bylaws and policies, using public-agency premises, managing funds, and choosing projects.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91526. An authority may: (a) Sue and be sued in its own name. (b) Have an official seal. (c) Have perpetual succession. (d) Make and execute contracts and other instruments and documents. (e) Make, amend, and repeal bylaws governing procedures and meetings of the board and the duties of its officers, and make, amend, and repeal rules, regulations, and policies governing the transaction of its business and the exercise of its powers. (f) Use premises of, subject to the regulation thereof by, the public agency. (g) Administer its funds and deposit, invest, and reinvest funds in the types of securities or obligations permitted the public agency in accordance with law. (h) Use discretion in the undertaking of projects, including the establishment of reasonable priorities and criteria among the types and locations of projects and regarding companies. (Amended by Stats. 1982, Ch. 1605, Sec. 5.)
  105. 91527.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    Authorities have broad power to carry out the title’s purposes, including acquiring, maintaining, and disposing of property, and they may set fees up to a stated cap.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91527. Authorities shall have all powers necessary or appropriate for carrying out the purposes of this title including, without limitation, the following powers, together with all powers incidental thereto: (a) To acquire property by purchase, exchange, gift, lease, contract, or otherwise, except by eminent domain. The power to acquire real property shall not be exercised for other than authority use except pursuant to project agreement or indenture. (b) To maintain property. (c) To dispose of property by lease, sale, exchange, donation, release, relinquishment, or otherwise. (d) With respect to property, to: (1) charge and collect rent under any lease; (2) sell at public or private sale, with or without public notice; (3) sell at a discount or below appraised value or for a nominal consideration, only; (4) sell on an installment payment or a conditional sales basis; (5) convey, or provide for the transfer of, property without further act of the authority, upon exercise of an option; (6) sell at a fixed or formula price, and receive for any such sale the note or notes of a company and mortgages, deeds of trust, or other security agreements respecting the property. (e) To acquire and hold property, including funds, project agreements and other obligations of any kind, and pledge, encumber or assign the same, or the revenues therefrom or any portion of such revenues, or other rights, whether then owned or possessed, or thereafter acquired, for the benefit of the bondholders, and as security or additional security for any bonds or the performance of obligations under an indenture. (f) To provide for the advance of bond proceeds and other funds pursuant to project agreements as necessary to pay or reimburse for project costs. (g) To exercise all rights and to perform all obligations of the authority under the project agreements and indenture, including the right, upon any event of default by or the failure to comply with any of the obligations thereof by the lessee, purchaser, or other company thereunder, to dispose of all or part of the property to the extent authorized by the project agreements or indenture. (h) To borrow money and issue its bonds for the purpose of paying all or any part of the costs of a project, and for any other authorized purpose, as provided in this title. (i) To contract and pay compensation for professional, financial, and other services. (j) To refund outstanding bonds of the authority without regard to the purposes of this title when the board determines that the refunding will be of benefit to a company or holders of the bonds, subject to the provisions of the proceedings. (k) To invest, deposit, and reinvest funds under the control of an authority and bond proceeds in the types of securities or obligations authorized, pending application thereof to the purposes authorized by, subject to the provisions of, the proceedings. (l) To acquire insurance against any liability or loss in connection with property, in such amounts as it deems desirable. (m) To expressly waive any immunity of the political subdivisions of this state provided by the Constitution or laws of the United States of America to taxation by the United States of interest on bonds issued by an authority, in obtaining federal benefits. (n) To fund administration and cost of issuance expenses (1) by the establishment and collection of reasonable fees in amounts as may be determined by the board, but in no event shall the fees exceed 1 percent of the estimated maximum amount of bonds proposed by an application to be issued, (2) by the acceptance of funds and other aid from the public agency and from other governmental sources authorized to provide such funds or aid, (3) by the acceptance of contributions from business, trade, labor, community, and other associations, and (4) by other authorized means. (Amended by Stats. 2009, Ch. 648, Sec. 7. (AB 1009) Effective November 5, 2009.)
  106. 91528.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    An authority generally may not operate a facility as a business.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91528. An authority shall not have the power to operate any facility as a business, except in the event of a default on any bonds, through a trustee, for the minimum reasonable time needed to sell or otherwise dispose of the facility in accordance with the resolution or indenture. (Added by Stats. 1980, Ch. 1358.)
  107. 91529.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    Companies may apply for financing under this article by filing an application with an authority, and the authority may require information and set procedures for later changes to the application.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91529. Companies may apply for financing pursuant to this article by filing with an authority an application therefor which includes all of the following: (a) Such financial, legal, and other information as is required by an authority. (b) An estimate of the amount of bonds proposed to be issued, of the sources of amounts otherwise required for the project, and an itemization of the estimated cost and any other expenses which aggregate not less than the estimated amount of bonds. (c) Sufficient other information as is necessary to the determinations required to be made by subdivision (c) of Section 91530. An application may be amended, supplemented, or clarified from time to time, with any information that is required for the making of the determinations desired at the time, in accordance with procedures established by the authority. (Amended by Stats. 2018, Ch. 645, Sec. 2. (AB 1547) Effective September 21, 2018.)
  108. 91530.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    This section lets an authority reject nonconforming applications, requires the board to make specified findings before moving forward, and requires notice, filing, and public-agency approval steps before bonds may be issued.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91530. (a) Applications for projects or companies not in accordance with the reasonable priorities and criteria that an authority may establish need not be accepted and further processed by an authority. (b) Acceptance of any application in no way obligates an authority to adopt a resolution of intention or undertake the project proposed. (c) Upon acceptance of any application and request of a company, the board shall determine whether it is likely that the undertaking of the project by the authority will be a substantial factor in the accrual of one or more of the public benefits from the use of the facilities, including equipment, as proposed in the application, whether the activities or uses are in accord with Section 91503, and whether the project is otherwise in accord with the purposes and requirements of this title. (d) Upon affirmative determinations under subdivision (c), the board may express the present intention of the authority to issue bonds in connection with the project and shall evidence the same by the adoption of a resolution of intention to undertake the project. The resolution of intention shall briefly describe the facilities, state the estimated principal amount of the bond issue (which estimate shall not limit the amount of bonds which may be issued), indicate whether it is expected that the bonds will be tax-exempt or taxable, and identify the company that is the applicant, and may include other provisions as the board shall prescribe. (e) A notice of the filing of an application, naming the company that is the applicant, briefly describing the facilities, stating the estimated principal amount of the bond issue and referring to the application for further particulars, shall be published by the secretary of the authority pursuant to Section 6061, and in the event the facilities are proposed to be located in a city and the project is proposed to be undertaken by an authority the jurisdiction of which is countywide, a copy of the notice shall be mailed by the secretary of the authority to the governing body of the city. Any amendment, supplement, or clarification of an application that changes the company that is the applicant, the description of the facilities, or the estimated principal amount of the bond issue, as previously noticed, shall be noticed in the same manner. (f) A copy of the application shall be filed with the public agency. The authority shall not issue bonds with respect to any project unless the public agency shall approve, conditionally or unconditionally, the project, including the issuance of bonds therefor. Action to approve or disapprove a project shall be taken within 45 days of the filing with the public agency. Certification of approval or disapproval shall be made by the clerk of the public agency to the authority. If the governing body has declared itself to be the board pursuant to Section 91523, the approvals and other actions required of the authority or the public agency by this section may be taken and performed on a joint and consolidated basis, as may be deemed practicable in the discretion of the public agency. (g) A resolution of intention may be revoked, amended, supplemented or clarified by the board, at any time prior to entry into the project agreements. The project agreements, indenture, bonds and other proceedings shall be consistent with the resolution of intention, and shall supersede it except to the extent otherwise expressed. (Amended by Stats. 2010, Ch. 328, Sec. 104. (SB 1330) Effective January 1, 2011.)
  109. 91533.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    Project agreements must require the company to meet project-related legal and financing conditions, maintain and insure the facilities, cover certain taxes and relocation costs, and keep bond-related payments in place until the project’s obligations are paid off; authorities must require prevailing wages for covered construction work.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91533. Authorities shall undertake projects by entry into project agreements in substance not inconsistent with the following: (a) The company shall comply with (or cause to be complied with) all legal requirements relating to the project and the operation, repair, and maintenance of the facilities, including (1) obtaining any rezonings or variances, building, development, and other permits and approvals, and licenses and other entitlements for use, without regard to any exemption for public projects and (2) securing the issuance of any certificates of need, convenience, and necessity or other certificates or franchises; and shall provide satisfactory evidence of compliance. (b) The company shall comply with all conditions imposed by the public agency in its approval of the project pursuant to subdivision (f) of Section 91530. (c) The company shall provide, or cause to be provided by others, all amounts required for the project and all property relating to the project that are not to be provided as or by expenditure of bond proceeds, and in the case of any amounts and property that the company proposes to cause to be provided by others, as by contract, grant, subsidy, loan, or other form of assistance, shall provide satisfactory evidence that those amounts and property will be provided when required. (d) Expenditure of bond proceeds shall be supervised to assure proper application to the project. (e) The company shall at its own expense insure, repair, and maintain the facilities, pay taxes with respect to its interests in the property relating to the project as Part 1 (commencing with Section 101) of Division 1 of the Revenue and Taxation Code requires, and pay assessments and other public charges secured by liens, upon those interests as constitute the tax base for property taxation on the same basis as other property, or shall cause the same to be provided by others to the satisfaction of the authority. (f) The amounts payable pursuant to the project agreements to or for the benefit of an authority shall in the aggregate not be less than amounts sufficient (1) to pay any bonds that shall be issued by the authority to pay the cost of the project, (2) to maintain any required reserves, (3) to make payments as may be required into any sinking fund or other similar fund, and (4) to pay those administration expenses that relate to the administration of the project agreements, the indenture, and the bonds. (g) The term shall extend at least until the date on which all those bonds and all other obligations incurred by an authority in connection with a project shall have been paid in full or adequate funds for that payment shall have been otherwise provided. (h) The additional provisions as in the determination of the board are necessary or appropriate to effectuate the purposes of this article, including provisions for the following: (1) For payments pursuant to the project agreements that include amounts for administration expenses in addition to the amounts that the agreement is required to obligate the company or others to pay. (2) For payment before a facility exists or becomes functional, or after a facility has ceased to exist or be functional to any extent and from any cause. (3) For payment whether or not the company is in possession or is entitled to be in possession of the facilities or for payment in the event of sale or other transfer of ownership of or the encumbering of the facilities. (4) Relating to the carrying out and completion of the project, including the allocation of responsibility between the authority and the company regarding the payment of administrative expenses and costs of issuance, the acquisition of property, the making of other purchases, the contracting for construction of the facilities, with or without competitive bidding, and the payment therefor and the designation of particular deposits or investments otherwise authorized for the deposit, investment, and reinvestment of revenues. (5) That some or all of the obligations of a company shall be unconditional and shall be binding and enforceable in all circumstances whatsoever notwithstanding any other law. (6) Relating to the use, maintenance, repair, insurance, and replacement of property relating to the project, such as the authority and the company deem necessary for the protection of themselves or others, including, but not limited to, liability insurance, and indemnification in the event of default. (7) Defining events of default and providing remedies therefor, which may include an acceleration of future payments thereunder. (i) The company shall provide for the payment of relocation assistance as provided by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1, and shall reimburse the authority or the public agency, as the case may be, for relocation assistance services, and notwithstanding any other provision of this title, the authority shall determine that those services are provided and that relocation assistance payments are made. (j) Notwithstanding any other provision of this title, projects undertaken and carried out pursuant to this title shall be consistent with the requirements of the general plan as contained in Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 at the time of entry into the project agreement, or in the event inconsistent at that time, then at the time of delivery of any bonds. (k) The company may, pursuant to project agreements, provide or cause to be provided other security, such as, but not limited to, an agreement of guaranty, either of itself or another person, or other consideration directly to the bondholders, their agent or the trustee under an indenture, and neither the company nor any such other person shall be precluded by the project agreements from having other contractual relationships with those bondholders or that agent or trustee. (l) Authorities shall require, whether or not authorities, companies, or others are the contract-awarding bodies, that on any construction, improvement, reconstruction, or rehabilitation financed in whole or in part by means of bonds issued pursuant to this title, the resolution of intention for which is adopted on or after January 1, 1983, all workers employed in that work, exclusive of maintenance work, shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. Those rates shall be determined by the Director of Industrial Relations in accordance with the standards set forth in Section 1773 of the Labor Code. The director’s determination shall be final, and Sections 1773.1, 1773.5, 1774, and 1776 (excepting subdivision (f) of Section 1776) of the Labor Code shall apply. (Amended by Stats. 2010, Ch. 328, Sec. 105. (SB 1330) Effective January 1, 2011.)
  110. 91534.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    A company is not treated as an authority’s agent because of a project agreement unless the agreement specifically says otherwise.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91534. No company shall, by reason of any project agreement, be deemed the agent of an authority in the carrying out of such agreement unless (and in such case only to the extent) such agreement specifically provides otherwise. (Added by Stats. 1980, Ch. 1358.)
  111. 91535.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    This section lets an authority issue bonds with flexible terms, sale conditions, redemption options, and refunding arrangements, subject to the proceedings and certain limits.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91535. (a) All bonds issued by an authority in connection with a project shall be special obligations, only, of the authority, payable solely out of the revenues or out of the other sources specified in the proceedings. (b) The bonds prescribed by subdivision (a) may: (1) Be executed and delivered by the authority at any time and from time to time; (2) Be in such type and denominations and of such terms and maturities; (3) Be in registered or bearer form either as to principal or interest or both and carry such conversion and reconversion privileges; (4) Be payable as term bonds or in such installments and at such time or times not exceeding 40 years from the date thereof; (5) Be payable in such mediums and at such place or places within or without the state; (6) Be sold below par or face value thereof, but the sale price of tax-exempt bonds shall not be less than 95 percent of the par or face value of the bond; (7) Be exchangeable for, or issuable in lieu of, such bonds; (8) Be issuable in temporary form pending preparation of and exchange for definitive bonds; and (9) Be executed by such officers, be authenticated, and contain such provisions not inconsistent with this article; all as shall be provided in the proceedings. (c) If deemed advisable by the board, there may be retained in or granted by the proceedings an option to redeem or to cause to be redeemed prior to maturity all or any part of any bonds as may be specified in the proceedings, at the price or prices and after any notice or notices and on any terms and conditions which may be set forth in the proceedings and as may be briefly recited in the bond. Nothing in this title shall be construed to confer on an authority or any bondholder or trustee any right or option to redeem or cause the redemption of any bonds, except as may be provided in the proceedings under which they shall have been issued. (d) Issuance by an authority of one or more issues of bonds for one or more purposes shall not preclude it from issuing other bonds in connection with the same project or any other project, subject to any agreements with bondholders which may then exist. (e) Any bonds of an authority at any time outstanding may at any time, and from time to time, be refunded, including the payment of any redemption premium and accrued interest to the date of redemption, by an authority by the issuance of its refunding bonds in any amount which the board may deem necessary or appropriate. Bonds may be issued as one issue for refunding and other authorized purposes. Any refunding may be effected whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds to the payment, purchase or redemption of the bonds to be refunded thereby or to the deposit or investment in securities or obligations yielding amounts sufficient to pay or redeem the bonds to be refunded thereby, or by the exchange of the refunding bonds for the bonds to be refunded thereby or bonds and claims with the consent of the holders of the bonds so to be refunded and with such cash or property adjustments as may be agreed, and regardless of whether or not the bonds proposed to be refunded shall be payable at the same date or different dates or shall be due serially or otherwise. (f) Each bond shall be deemed to be an investment security under the Uniform Commerical Code and a negotiable instrument, subject only to any provisions thereof for registration or other provisions restricting transfer, and shall be deemed to have been issued for an authorized purpose of the authority in exercise of the powers granted by this article, provided that the board so determines in the proceedings and the determination is recited in the bond. (Amended by Stats. 1987, Ch. 1109, Sec. 8. Effective September 25, 1987.)
  112. 91536.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    An authority may secure bonds with an indenture, and the indenture may set bondholder, trustee, default, and security terms.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91536. In the discretion of an authority, any bonds issued under the provisions of this title may be secured by an indenture. Such indenture may vest in bondholders the right to remove and appoint a new trustee or agent. The trustee or agent may at any time own all or any part of the bonds, unless otherwise provided in the indenture. Such indenture may vest in such trustee, bondholder, or agent, as provided therein, property, rights, powers and duties, and may pledge, encumber, or assign the revenues, the project agreements and any other rights as security for the bonds and for the benefit of the bondholders, subject to such agreements with bondholders as may then exist. Such indenture may contain covenants of the authority as to the acquisition of property, the disposition of any property, or part thereof, the subjecting of additional property thereto or to the lien thereof, the issuance of additional bonds, the custody, deposit, investment and application of all moneys, the creation and maintenance of reserves, the disposition of insurance or condemnation proceeds, and the use of surplus bond proceeds. Any such indenture may define events of default thereunder, which may include events of default of a company under the project agreements, may specify the action to be taken by the trustee, bondholder, or agent upon an event of default, may set forth the rights and remedies of the bondholders and of the trustee or agent, and may, in the case of a trustee, restrict the individual right of action by bondholders. In addition, any such indenture may contain such other provisions as the board may deem reasonable and proper and which relate in any way to the security or protection of bondholders. All expenses incurred in carrying out the provisions of such indenture shall be treated as an administration expense. Any lien or other interest established by any indenture shall be valid and binding from the date thereof, and any revenues or amounts to cover administration expenses thereafter received by, or on behalf of, an authority or trustee or agent thereunder shall immediately be subject to the lien thereof or other interest established thereby without any further act, which lien or other interest shall be valid and binding as against all persons, irrespective of notice, without any filing or recording except a filing in the records of the authority. If so provided in the indenture, all or designated revenues shall further be deemed to be trust funds and shall be held and applied solely as provided in such indenture, and no bondholder shall, as such, be in any manner obligated to see to the proper application thereof. (Amended by Stats. 1982, Ch. 1605, Sec. 13.)
  113. 91537.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    The board must authorize bond issuance by resolution, and it may set related financing terms in a loan agreement or indenture.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91537. The issuance of bonds shall be authorized by resolution of the board adopted at any time following the determinations provided for in subdivision (j) of Section 91527 or Section 91530. The resolution may, as the board deems advisable and in accordance with the provisions of this article, provide for, or authorize the execution of a loan agreement, the repayment obligation of which is evidenced by the bonds, providing for, or authorize the execution of an indenture providing for: (a) The fixing and collection of revenues; (b) The creation and maintenance of special funds, including reserve and sinking funds; (c) Limitations on expenditures of bond proceeds; (d) The procedure, if any, by which any contract represented by bonds may be amended or abrogated; (e) The acts and omissions which shall constitute, and the rights and remedies available, in an event of default. In such an event of default, the obligations of the authority may be enforced, as appropriate, by mandamus, by the appointment of a receiver, by foreclosure or sale, by injunction, by specific performance, by equitable relief, or by any one or more of such remedies or any other remedy; and (f) Any additional matters authorized to be included in an indenture or which relate to the security, protection, or return of bondholders. (Amended by Stats. 1982, Ch. 1605, Sec. 14.)
  114. 91537.5.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    Bonds may bear interest set by an approved method, but tax-exempt bonds are capped at 12% per year unless a higher applicable rate is stated elsewhere; taxable bonds and certain post-issuance taxable tax-exempt bonds are capped at 16% per year.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91537.5. The bonds may bear interest on the amount or amounts, payable at the time or times, evidenced in the manner and at the fixed or variable rate or rates as shall be established by or pursuant to a method approved by the board, but the maximum rate of interest to be paid on any tax-exempt bonds shall not exceed 12 percent per annum or such higher rate as is at the time of accrual of interest then stated in Section 53531 or other applicable law. In the case of taxable bonds, or tax-exempt bonds the interest on which becomes includable in federal gross income after original issuance, the maximum rate of interest to be paid on the bonds shall not exceed 16 percent per annum. Project agreements may bear up to the same rate of interest as the underlying bonds. (Amended by Stats. 1987, Ch. 1109, Sec. 9. Effective September 25, 1987.)
  115. 91538.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    Bonds may be sold at prices set by the board, in either a public or private sale, subject to Section 91535(b).

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91538. Bonds may be sold at the prices that the board directs, at public or private sale, subject to subdivision (b) of Section 91535. (Amended by Stats. 2009, Ch. 648, Sec. 11. (AB 1009) Effective November 5, 2009.)
  116. 91539.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    Authorities, their revenues, certain bond-related interests, and authority-owned property are exempt from specified taxes and charges.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91539. Notwithstanding any other provision of law: (a) Authorities and their revenues, amounts for administration or costs of issuance expenses, and any other income shall be exempt from all taxes on, or measured by, income. (b) Bonds issued by authorities shall be exempt from all property taxation and the interest on such bonds shall be exempt from all taxes on income. (c) All property owned by authorities shall be exempt from property taxes, assessments, and other public charges secured by liens. (d) All interests of companies in the property of projects shall, for purposes of property taxation, be subject to the provisions of Division 1 (commencing with Section 101) of the Revenue and Taxation Code, and such interests as constitute the tax base for property taxation shall be subject to such assessments and charges on the same basis as other property. (e) “Sale” and “purchase,” for the purposes of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code, do not include any lease or transfer of title of tangible or intangible personal property constituting any project or facility to an authority by a company, nor any lease or transfer of title of tangible or intangible personal property constituting any project or facility by such authority to any company, when the transfer or lease is made pursuant to this title. (Amended by Stats. 2009, Ch. 648, Sec. 12. (AB 1009) Effective November 5, 2009.)
  117. 91540.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    Property, revenues, and funds owned or possessed by an authority for this title are exempt from levy, sale, execution, and related judicial process, with carve-outs for obligees’ enforcement rights.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91540. (a) All property, revenues, and funds, owned or possessed by an authority for the purposes of this title, shall be exempt from levy and sale by virtue of execution or other judicial process. Execution or other judicial process shall not issue against such property, revenues, or funds nor shall any judgment against an authority be a charge or lien upon such property, revenues, or funds. (b) This section does not apply to or limit the right of obligees to enforce, as appropriate, any indenture or the right of obligees to pursue any remedies for the enforcement of any assignment by an authority of or any pledge or lien given by an authority on revenues, project agreements, administration expenses or any other assets. (c) This section does not apply to interests of companies. (Amended by Stats. 1982, Ch. 1605, Sec. 16.)
  118. 91541.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    An authority’s bonds are not state or public agency debt, and the authority cannot be required to use taxation or appropriations to pay them.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91541. (a) None of the bonds of an authority or any other obligations of an authority shall be deemed to constitute a debt or liability of the state or any public agency, or a pledge of the faith and credit of the state or any public agency, but shall be payable solely from the funds provided therefor in the proceedings. (b) The issuance of bonds shall not directly or indirectly or contingently obligate the state or any public agency to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for their payment. (c) All bonds shall contain on the face thereof a statement to the following effect: “Neither the faith and credit nor the taxing power of the State of California or the (insert name of public agency) is pledged to the payment of the principal of, premium, if any, or interest on any bond, nor is the state or such (insert “city,” “county,” or “city and county” as appropriate) in any manner obligated to make any appropriation for payment.” (d) Neither the members of governing bodies or of boards nor any persons executing the bonds shall in any event be subject to any personal liability or accountability by reason of the issuance of those bonds. (e) The bonds shall be only a special obligation of an authority as provided by subdivision (a) of Section 91535, and an authority shall under no circumstances be obligated to pay bonds or project costs (other than administration expenses), except from revenues and other funds received under the project agreements for those purposes, nor to pay administration and costs of issuance expenses except from funds received under project agreements for those purposes or from funds that are made available as otherwise authorized by the proceeding or by law. All bonds shall contain on the face thereof a statement of their special obligation nature. (Amended by Stats. 2009, Ch. 648, Sec. 13. (AB 1009) Effective November 5, 2009.)
  119. 91542.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

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    After the project’s obligations and bonds are fully satisfied or provided for, the authority may sign deeds and conveyances needed to transfer the project property, and it must hand over any remaining project funds and property to the public agency.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91542. At such time as all obligations under the project agreements respecting any particular project have been satisfied or otherwise discharged or adequately provided for and all the bonds issued to finance such project have been repaid or payment thereof has been adequately provided for, and all other obligations of the authority of any nature whatsoever with respect to such project have been satisfied or otherwise discharged or adequately provided for, the authority is authorized to execute such deeds and conveyances as may be necessary to convey the funds and property provided by the project agreements to be conveyed to the company and shall deliver and pay over to the public agency any remaining funds and properties of the authority which were derived from or are attributable to such project. (Amended by Stats. 1982, Ch. 1605, Sec. 17.)
  120. 91543.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

    Verify source ↗

    Some inconsistent laws do not apply to authorities under this title.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91543. All general or special laws or parts thereof inconsistent with this title shall be inapplicable to the exercise of any of the powers conferred under the provisions of this title. Without limiting the generality of the foregoing, the provisions of Divisions 3 (commencing with Section 11000), 4 (commencing with Section 16100), and 5 (commencing with Section 18000) of Title 2 of this code, relating to the executive department of the state, and of Division 13 (commencing with Section 21000) of the Public Resources Code, shall not be applicable to authorities. (Amended by Stats. 1982, Ch. 1605, Sec. 18.)
  121. 91544.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

    Verify source ↗

    If the governing body declares by ordinance that an authority is no longer needed, the authority must stop doing business and stop exercising powers, and its assets and funds vest in the public agency.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91544. (a) Whenever the governing body, by ordinance, shall declare that there is no longer a need for an authority to, and that the authority shall not further, function, thereafter the authority shall transact no further business and exercise no further powers, the offices shall be deemed vacated, and all funds and properties shall vest in the public agency. Any net earnings of an authority shall, pursuant to this section or Section 91542, inure solely to the benefit of the public agency and not to the benefit of any company or other private person. The ordinance shall be subject to referendum in the manner prescribed by law for ordinances of the public agency. The adoption of such an ordinance shall not preclude the subsequent adoption of an ordinance pursuant to Section 91520. (b) The state may, by appropriate legislation at any time and at its sole discretion, alter or change, consistent with the other provisions of this title, the structure, organization, programs, or activities of authorities, including cause their dissolution. Any funds or properties, or net earnings, of an authority shall, upon dissolution, be disposed of as provided in subdivision (a). (Added by Stats. 1980, Ch. 1358.)
  122. 91545.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

    Verify source ↗

    Actions under Section 91544 do not affect earlier contracts or obligations, and the governing body must provide for their satisfaction or discharge if they remain unsatisfied.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91545. Any action pursuant to Section 91544 shall have no effect on, and shall not be deemed to impair, any contracts previously entered into by an authority, including any bonds theretofore issued or other obligations theretofore incurred (relating to the subsequent issuance of bonds or otherwise), and, in the event that at the time of the taking of such action any such contracts remain unsatisfied or otherwise undischarged, the governing body shall, in such ordinance, or by other appropriate means in the event of state action and a failure of the state to provide otherwise, make provision for their satisfaction or discharge, and to that end, the public agency may undertake any performance or observance the authority is authorized to perform or observe relating to their satisfaction or discharge. (Added by Stats. 1980, Ch. 1358.)
  123. 91546.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

    Verify source ↗

    This title must be interpreted broadly to carry out its purposes.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91546. This title, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes. (Added by Stats. 1980, Ch. 1358.)
  124. 91547.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

    Verify source ↗

    California pledges not to change the covered public-agency structure and activities while the bonds or project agreements remain outstanding, unless the law makes adequate protection for the contracts.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91547. The State of California does hereby pledge to and agree with the holders of any bonds issued, and with those companies which may enter into project agreements with authorities, pursuant to the provisions of this article, that the state will not alter or change the structure, organization, programs, or activities hereby vested in public agencies or authorities until such bonds are fully met or discharged and such project agreements are fully performed or discharged, on the part of authorities or public agencies, as the case may be; provided, however, that nothing herein contained shall preclude such alteration or change, if, and when, adequate provision shall have been made by law for the protection from impairment of the contracts represented by such bonds and project agreements, and such right to so alter or change is hereby reserved. Authorities are authorized to include this pledge and undertaking of the state in such bonds and project agreements. (Added by Stats. 1980, Ch. 1358.)
  125. 91548.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

    Verify source ↗

    A legal action may be brought to determine the validity of bonds and related proceedings and agreements.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91548. An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Part 2 of Title 10 of the Code of Civil Procedure, to determine the validity of bonds, proceedings, project agreements, or indentures, including, without limiting the generality of the foregoing, the legality of all proceedings theretofore taken for or in any way connected with the establishment of the authority and its authorization to transact business and exercise its powers, and also including the legality of all proceedings, as proposed to be taken in the proceedings, project agreements, and indentures theretofore undertaken, for the authorization, issuance, sale, and delivery of bonds and the payment thereof and interest thereon, and all such matters respecting which an action may be brought pursuant to such chapter shall be subject to the provisions thereof regarding validity and incontestability. (Added by Stats. 1980, Ch. 1358.)
  126. 91549.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. )

    Verify source ↗

    Public agencies have exclusive authority under this title to undertake, carry out, and complete authorized projects, subject to limited exceptions.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 2. Industrial Development Authorities [91520 - 91549] ( Article 2 added by Stats. 1980, Ch. 1358. ) ## 91549. (a) Except as may be authorized by other state legislation, this title provides the exclusive authority of public agencies for the undertaking, carrying out, and completion of projects authorized by this title. (b) Except as limited by subdivision (a), the authorizations of this title shall be regarded as supplemental and additional to powers conferred by other laws. However, all projects authorized by this title which are undertaken, carried out, or completed by redevelopment agencies shall be subject to the terms and limitations of this title, notwithstanding the authorities and provisions created by and under other laws. (c) In the exercise of any of the powers conferred, including powers relating to the offer, issuance, and sale of bonds, under this title, authorities need not comply with any law applicable to the exercise of similar powers except as referred to in this article. (d) A charter city which is otherwise authorized to undertake, carry out and complete projects hereunder authorized need not comply with this title as to warehousing activities. (Amended by Stats. 1987, Ch. 1109, Sec. 11. Effective September 25, 1987.)
  127. 91560.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 3. Small Business Financing [91560 - 91562] ( Heading of Article 3 renumbered from Article 4 by Stats. 2018, Ch. 645, Sec. 6. )

    Verify source ↗

    An authority may create common reserve funds and charge or require deposits from financed companies, but it must first adopt regulations covering how the funds operate and how amounts and payment schedules are set.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 3. Small Business Financing [91560 - 91562] ( Heading of Article 3 renumbered from Article 4 by Stats. 2018, Ch. 645, Sec. 6. ) ## 91560. (a) The Legislature finds and declares that small businesses may have difficulty establishing adequate security for bonds issued by an authority in their behalf; that establishing common reserve funds will help to provide reasonable security for these bonds and will help to make the authority’s services available to various small businesses that may be otherwise unable to use them. (b) For the purpose of establishing and maintaining the common reserve funds it deems necessary or desirable to secure its bonds or any issuance thereof, an authority, pursuant to its project agreements with companies, may levy fees or other charges on, or require deposits from, companies receiving financing for projects under this title. Before levying any of these fees or charges or requiring deposits, an authority shall adopt regulations for the operation of the common reserve funds and governing the amounts and any payment schedule for the fees, charges, or deposits. (c) Subject to any prior contractual obligations to any of its bondholders, an authority may establish one or more common reserve funds for any or all of its bonds. Each authority shall establish its liability limits of the common reserve fund with respect to any single issue of bonds issued by the authority. (d) Each common reserve fund established pursuant to this section shall be deposited in a special account that shall be established by the Controller. Notwithstanding any other provision of law, all interest or other increment earned by investment or deposit of moneys in such an account pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 or pursuant to any other provision of law shall be credited to, and deposited in, the account. (Amended by Stats. 2018, Ch. 645, Sec. 7. (AB 1547) Effective September 21, 2018.)
  128. 91561.3.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 3. Small Business Financing [91560 - 91562] ( Heading of Article 3 renumbered from Article 4 by Stats. 2018, Ch. 645, Sec. 6. )

    Verify source ↗

    Each local authority may make joint powers agreements with other local authorities to issue pooled bonds for small business loan requests.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 3. Small Business Financing [91560 - 91562] ( Heading of Article 3 renumbered from Article 4 by Stats. 2018, Ch. 645, Sec. 6. ) ## 91561.3. Each local authority may enter into joint powers agreements with other local authorities to issue pooled bonds in response to small business loan requests. (Amended by Stats. 2018, Ch. 645, Sec. 9. (AB 1547) Effective September 21, 2018.)
  129. 91561.5.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 3. Small Business Financing [91560 - 91562] ( Heading of Article 3 renumbered from Article 4 by Stats. 2018, Ch. 645, Sec. 6. )

    Verify source ↗

    For this article, “small business” means a small business as defined in Section 14837.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 3. Small Business Financing [91560 - 91562] ( Heading of Article 3 renumbered from Article 4 by Stats. 2018, Ch. 645, Sec. 6. ) ## 91561.5. For purposes of this article, “small business” means small business as defined in Section 14837. (Amended by Stats. 2018, Ch. 645, Sec. 10. (AB 1547) Effective September 21, 2018.)
  130. 91562.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 3. Small Business Financing [91560 - 91562] ( Heading of Article 3 renumbered from Article 4 by Stats. 2018, Ch. 645, Sec. 6. )

    Verify source ↗

    A small business loan under this chapter must be at least $75,000 and no more than $500,000.

    ## Government Code - GOV ## TITLE 10. CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT [91500 - 91562] ( Title 10 added by Stats. 1980, Ch. 1358. ) ## CHAPTER 1. California Industrial Development Financing [91500 - 91562] ( Chapter 1 added by Stats. 1980, Ch. 1358. ) ## ARTICLE 3. Small Business Financing [91560 - 91562] ( Heading of Article 3 renumbered from Article 4 by Stats. 2018, Ch. 645, Sec. 6. ) ## 91562. A small business loan issued pursuant to this chapter, shall be for no less than seventy-five thousand dollars ($75,000), nor more than five hundred thousand ($500,000). (Added by Stats. 1984, Ch. 1166, Sec. 6.)
  131. 9170.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Permanent Officers and Employees [9170 - 9173] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section lists the Senate’s officers and employees and says the officers and employees in subdivision (b) must be elected by a majority vote of duly elected and qualified Senate 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Permanent Officers and Employees [9170 - 9173] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 9170. The officers and employees of the Senate are: (a) A President. (b) A President pro tempore, one secretary, one Sergeant-at-Arms, one minute clerk and one chaplain. (c) Other officers and employees deemed necessary by the Senate and provided for by resolution of the Senate. Officers and employees in subdivision (b) shall be elected by a majority vote of the duly elected and qualified members of the Senate. (Enacted by Stats. 1943, Ch. 134.)
  132. 9171.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Permanent Officers and Employees [9170 - 9173] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The Assembly has a list of officers and employees, may provide for additional ones by resolution, and most listed officers must be elected by Assembly members; the Minute Clerk is appointed by the Chief Clerk with committee approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Permanent Officers and Employees [9170 - 9173] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 9171. The officers and employees of the Assembly are: (a) A Speaker, a Speaker pro Tempore, a Majority Floor Leader, a Minority Floor Leader, one Chief Clerk, one Sergeant at Arms, one Minute Clerk and one Chaplain. (b) Other officers and employees deemed necessary by the Assembly and provided for by resolution of the Assembly. Officers and employees in subdivision (a) except the Majority and Minority Floor Leaders and Minute Clerk shall be elected by a majority vote of the duly elected and qualified Members of the Assembly. The Minute Clerk shall be appointed by and serve at the pleasure of the Chief Clerk, subject to approval by the Assembly Rules Committee. (Amended by Stats. 1964, 1st Ex. Sess., Ch. 22.)
  133. 9172.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Permanent Officers and Employees [9170 - 9173] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Most permanent officers and employees of the Senate or Assembly must be elected by the house they serve, with listed 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Permanent Officers and Employees [9170 - 9173] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 9172. All permanent officers and employees of the Senate or Assembly, except the President of the Senate and the Majority and Minority Floor Leaders and Minute Clerk of the Assembly, shall be elected by the house to which they are attached. (Amended by Stats. 1964, 1st Ex. Sess., Ch. 22.)
  134. 9173.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Permanent Officers and Employees [9170 - 9173] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    An officer or employee appointed or elected by the Senate or Assembly may be removed at any time, using the same procedure as for the election or appointment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Permanent Officers and Employees [9170 - 9173] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 9173. Any officer or employee appointed or elected by the Senate or Assembly may at any time be removed in the same manner as is provided for his election or appointment. (Enacted by Stats. 1943, Ch. 134.)
  135. 9190.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Senate and Assembly leaders may administer the oath of office to members and officers of their respective houses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9190. The President or President pro tempore of the Senate may administer the oath of office to any Senator and to the officers of the Senate and the Speaker or Speaker pro tempore of the Assembly may administer the oath of office to any Assemblyman and to the officers of the Assembly. (Enacted by Stats. 1943, Ch. 134.)
  136. 9191.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The Secretary of the Senate and Chief Clerk of the Assembly must administer the oath of office to employees of their houses, attend each session day, and perform duties set by law or house 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9191. The Secretary of the Senate and Chief Clerk of the Assembly shall: (a) Administer the constitutional oath of office to the employees of their respective houses. (b) Attend the session each day. (c) Perform the duties as prescribed for them by law or by the rules of their respective houses. (Enacted by Stats. 1943, Ch. 134.)
  137. 9191.5.

    ## 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The Secretary of the Senate and Chief Clerk of the Assembly may administer and certify oaths, and may provide proof or acknowledgment of an instrument, under the referenced Civil Code 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9191.5. The Secretary of the Senate and Chief Clerk of the Assembly may administer and certify oaths and may provide the proof or acknowledgment of an instrument in accordance with Article 3 (commencing with Section 1180) of Chapter 4 of Part 4 of Division 2 of the Civil Code. (Amended by Stats. 1999, Ch. 20, Sec. 3. Effective January 1, 2000.)
  138. 9192.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Assistant secretaries of the Senate and assistant clerks of the Assembly must handle bills, petitions, and other papers for their houses, record them in the proper books, and do additional duties directed by specified leaders.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9192. The assistant secretaries of the Senate and the assistant clerks of the Assembly shall take charge of all bills, petitions, and other papers presented to their respective houses, file and enter them in the books provided for that purpose, and perform such other duties as may be directed by the Secretary of the Senate and Chief Clerk of the Assembly. (Enacted by Stats. 1943, Ch. 134.)
  139. 9193.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The Minute Clerk of the Senate and the Minute Clerk of the Assembly must keep a correct record of the proceedings of their respective houses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9193. The Minute Clerk of the Senate and the Minute Clerk of the Assembly shall keep a correct record of the proceedings of their respective houses. (Enacted by Stats. 1943, Ch. 134.)
  140. 9194.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The Senate and Assembly Sergeant-at-Arms must supervise the chambers and attached rooms, attend sittings, carry out commands and process, and keep an account of members’ pay and mileage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9194. The Sergeant-at-Arms of the Senate and of the Assembly shall: (a) Under the direction of their presiding officers, have general supervision of the Senate and Assembly chambers, and the rooms attached. (b) Attend during the sittings of their respective bodies, and execute their commands and all process issued by their authority. (c) Keep an account for pay and mileage of members. (Enacted by Stats. 1943, Ch. 134.)
  141. 9194.5.

    ## 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The Sergeant at Arms and Assistant Sergeants at Arms of each house have peace-officer powers while carrying out their duties, and they are protected from civil action for certain acts done without malice and with a reasonable belief that the member had authority.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9194.5. The Sergeant at Arms and Assistant Sergeants at Arms of each house shall have the powers and authority conferred by law upon peace officers listed in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code in all parts of the state in carrying out their duties, and shall not be liable to civil action for their acts in carrying out the orders of a Member of the Legislature presiding over any legislative proceeding, including sessions of the Legislature or either house thereof and hearings of legislative committees, or in carrying out the orders of a member to have any person removed from the office of the member, if the Sergeant at Arms or Assistant Sergeant at Arms acts without malice and in the reasonable belief that the member has the authority to issue the order. (Amended by Stats. 1989, Ch. 1165, Sec. 6.)
  142. 9195.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The Assistant Sergeant-at-Arms of each house must act as doorkeeper and keep order in the halls and lobbies, and must block entry to the House bar except for listed categories of people.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9195. The Assistant Sergeant-at-Arms of each house shall perform the duties of doorkeeper and keep order in the halls and lobbies. They shall prohibit all persons, other than members, officers, employees, other persons who have the privilege of the floor assigned them by the rules of each house, and persons invited to enter within the bar, from entering within the bar of the House. (Enacted by Stats. 1943, Ch. 134.)
  143. 9196.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Certain legislative clerks must mark, label, and arrange bills and papers at the end of each legislative session, then deliver the bills, papers, and books of both houses to the Secretary of State.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Powers and Duties [9190 - 9196] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 9196. The secretary and assistant secretaries, the chief clerk and assistant clerks, and the engrossing and enrolling clerks and the minute clerks of the Senate and Assembly shall mark, label, and arrange all bills and papers belonging to the archives of their respective houses at the close of each session of the Legislature. They shall then deliver the bills and papers and all the books of both houses to the Secretary of State, who shall certify to their reception. (Enacted by Stats. 1943, Ch. 134.)
  144. 920.

    ## 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 3. Proceedings to Determine Constitutionality of Claims Against the State [920 - 920.8] ( Chapter 3 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This section defines “omnibus claim appropriation” for this chapter.

    ## 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 3. Proceedings to Determine Constitutionality of Claims Against the State [920 - 920.8] ( Chapter 3 added by Stats. 1963, Ch. 1715. ) ## 920. As used in this chapter, “omnibus claim appropriation” means an act of appropriation, or an item of appropriation in a budget act, by which the Legislature appropriates a lump sum to pay the claim of the Department of General Services or its secretary against the state in an amount that the Legislature has determined is properly chargeable to the state. (Amended by Stats. 2016, Ch. 31, Sec. 41. (SB 836) Effective June 27, 2016.)
  145. 920.2.

    ## 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 3. Proceedings to Determine Constitutionality of Claims Against the State [920 - 920.8] ( Chapter 3 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    After an omnibus claim appropriation becomes effective, the board or its secretary must promptly submit a claim to the Controller for the full appropriation amount.

    ## 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 3. Proceedings to Determine Constitutionality of Claims Against the State [920 - 920.8] ( Chapter 3 added by Stats. 1963, Ch. 1715. ) ## 920.2. Promptly following the effective date of an omnibus claim appropriation, the board or its secretary shall submit to the Controller a claim covering the full amount of the appropriation made in the omnibus claim appropriation. Any such claim is exempt from the provisions of Chapter 4 (commencing with Section 925) of this part, and the board shall have those powers necessary to administer and disburse the omnibus claim appropriation. (Added by Stats. 1963, Ch. 1715.)
  146. 920.4.

    ## 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 3. Proceedings to Determine Constitutionality of Claims Against the State [920 - 920.8] ( Chapter 3 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    If the Controller thinks paying part of the omnibus claim appropriation may violate the Constitution, he must withhold that part and issue a warrant for the rest. The secretary, subject to board approval, must promptly disburse the undisputed portion and notify the Joint Legislative Budget Committee about the withheld portion.

    ## 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 3. Proceedings to Determine Constitutionality of Claims Against the State [920 - 920.8] ( Chapter 3 added by Stats. 1963, Ch. 1715. ) ## 920.4. If the Controller believes or has reason to believe that the payment of any portion of the omnibus claim appropriation may violate the provisions of the Constitution, he shall withhold payment of the questioned portion and shall issue his warrant for the remainder of the appropriation. The secretary, subject to the board’s approval, shall promptly disburse the undisputed portion of the omnibus claim appropriation and shall promptly give notice to the Joint Legislative Budget Committee of the Controller’s action concerning the withheld portion. (Added by Stats. 1963, Ch. 1715.)
  147. 920.6.

    ## 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 3. Proceedings to Determine Constitutionality of Claims Against the State [920 - 920.8] ( Chapter 3 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Unless the Joint Legislative Budget Committee objects in writing within 60 days after notice, the board must start proceedings to force the Controller to issue the warrant for the remaining omnibus claim appropriation.

    ## 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 3. Proceedings to Determine Constitutionality of Claims Against the State [920 - 920.8] ( Chapter 3 added by Stats. 1963, Ch. 1715. ) ## 920.6. Unless the Joint Legislative Budget Committee within 60 days after receipt of such notice advises the board in writing that the Legislature desires to reconsider any part of the withheld portion, the board shall institute proceedings to compel the Controller to issue his warrant for the balance of the omnibus claim appropriation. The board shall prosecute any such proceeding to final determination and shall disburse the funds finally paid over to it. Funds subject to such proceedings shall continue to be available until the end of the fiscal year in which final determination of the proceeding occurs. (Added by Stats. 1963, Ch. 1715.)
  148. 920.8.

    ## 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 3. Proceedings to Determine Constitutionality of Claims Against the State [920 - 920.8] ( Chapter 3 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    If the legislative budget committee advises reconsideration, no further action is taken on that part of the withheld claim appropriation, the money reverts, and the board must pursue proceedings to collect the remainder.

    ## 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 3. Proceedings to Determine Constitutionality of Claims Against the State [920 - 920.8] ( Chapter 3 added by Stats. 1963, Ch. 1715. ) ## 920.8. If the Joint Legislative Budget Committee advises the board that the Legislature desires to reconsider any part of the omnibus claim appropriation withheld by the Controller, no further action shall be taken with respect to that part and the money appropriated therefor shall revert to funds from which they were appropriated, pending further legislative action. The board, however, shall institute proceedings as provided in Section 920.6 to compel payment of the remainder of the omnibus claim appropriation withheld by the Controller. (Added by Stats. 1963, Ch. 1715.)
  149. 9200.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Legislative Employee Benefits [9200- 9200.] ( Article 4 added by Stats. 1986, Ch. 1077, Sec. 2. )

    Verify source ↗

    Employees of the Legislature may choose certain employee benefits instead of part of their compensation, if provided by concurrent resolution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Legislative Employee Benefits [9200- 9200.] ( Article 4 added by Stats. 1986, Ch. 1077, Sec. 2. ) ## 9200. Each employee of the Legislature may elect to receive one or more employee benefits, as prescribed by concurrent resolution heretofore or hereafter adopted, in lieu of a portion of the compensation provided to the employee. (Added by Stats. 1986, Ch. 1077, Sec. 2.)
  150. 92000.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 1. General Provisions [92000 - 92002] ( Article 1 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    This title may be cited as the California Passenger Rail Financing Commission Act.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 1. General Provisions [92000 - 92002] ( Article 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92000. This title may be cited as the California Passenger Rail Financing Commission Act. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  151. 92001.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 1. General Provisions [92000 - 92002] ( Article 1 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The Legislature states that California should use all means and measures to promote rapid rail transit systems and reduce pollution and freeway congestion.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 1. General Provisions [92000 - 92002] ( Article 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92001. The Legislature hereby finds that it is necessary and essential that the state use all means and measures to promote rapid rail transit systems within the state in order to reduce air pollution and reduce congestion on freeways, streets, and highways. The Legislature further finds that the alternative methods of financing provided in this title are needed to finance the cost of acquiring, constructing, and developing facilities for rapid rail transit systems within the state and that these methods will increase economic opportunities, contribute to economic development, be in the public interest and serve a public purpose, and will promote the health, safety, and welfare of citizens within the State of California. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  152. 92002.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 1. General Provisions [92000 - 92002] ( Article 1 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    This section states the title’s purpose: to implement legislative findings by providing an alternative financing method for acquiring, constructing, or rehabilitating rapid rail facilities.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 1. General Provisions [92000 - 92002] ( Article 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92002. It is the purpose of this title to carry out and make effective the findings of the Legislature and, to that end, to provide an alternative method of financing in acquiring, constructing, or rehabilitating facilities to be used as part of rapid rail systems, all to the mutual benefit of the people of the state and to protect their health and welfare. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  153. 92010.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92010. Unless the context otherwise requires, the definitions in this article govern the construction of this title. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  154. 92011.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    “Commission” is defined to mean the California Passenger Rail Financing Commission, including successors or other bodies or officers granted its powers by law.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92011. “Commission” means the California Passenger Rail Financing Commission established pursuant to Section 92100 and any board, commission, department, or officer succeeding to the functions thereof or to whom the powers conferred upon the commission by this title is granted by law. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  155. 92012.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    This section defines “cost” for projects financed under this title.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92012. “Cost,” as applied to a project or portion thereof financed under this title, embraces all or any part of the cost of construction and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any land to which the buildings or structures may be removed, the cost of all machinery and equipment, rolling stock, financing charges, interest prior to, during, and for a period after completion of construction as determined by the commission, provisions for working capital, reserves for principal and interest, and for extensions, enlargements, additions, replacements, renovations, and improvements, the cost of architectural, engineering, financial, and legal services, plans, specifications, estimates, and administrative expenses, and other expenses necessary or incident to determining the feasibility of constructing any project or incident to the construction or acquisition or financing of any project. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  156. 92013.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    This section defines “participating party” as certain entities operating in California that need financing under this title to help develop a rapid rail transportation system.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92013. “Participating party” means any person, company, corporation, partnership, firm, or other entity, or group of entities, engaged in operations within this state which requires financing pursuant to the terms of this title to aid and assist in the development of a rapid rail transportation system within the state. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  157. 92014.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    This section defines “rapid rail transit” as passenger rail transportation with incidental luggage at peak speeds over 120 miles per hour.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92014. “Rapid rail transit” means the rapid rail transportation of passengers and their incidental luggage at peak speeds exceeding 120 miles per hour. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  158. 92015.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    This section defines “rapid rail transit system” or “project” broadly to include land, buildings, rail infrastructure, equipment, and related access structures used for rapid rail transit service.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92015. “Rapid rail transit system” or “project” means land, buildings, all improvements thereto, work, property, or structures, real or personal, rolling stock, rights-of-way, easements, rail lines, rail beds, stations, platforms, switches, yards, terminals, parking lots, and any and all other facilities and equipment necessary or convenient for the conduct of rapid rail transit service, and all other structures, facilities, or equipment now or hereafter developed or useful for the conduct of rapid rail transit service, underground, upon or above the ground, and under, upon, or over public streets, highways, bridges, or other public ways or waterways, together with all physical structures necessary or convenient for the access of persons and vehicles thereto. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  159. 92016.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    “Public agency” is defined to include state and local government bodies such as agencies, departments, boards, commissions, counties, cities, regional agencies, districts, and other political subdivisions.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92016. “Public agency” means any state agency, department, board, or commission, any county, city and county, city, regional agency, district, or other political subdivision. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  160. 92017.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    “Revenues” is defined to include rents, receipts, purchase payments, and other income the commission gets from selling, leasing, or otherwise disposing of rapid rail transit facilities, plus investment income from commission funds or accounts.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [92000 - 92017] ( Chapter 1 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## ARTICLE 2. Definitions [92010 - 92017] ( Article 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92017. “Revenues” means all rents, receipts, purchase payments, and all other income or receipts derived by the commission from the sale, lease, or other disposition of rapid rail transit facilities and any income or revenue derived from the investment of any money in any fund or account of the commission. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  161. 92100.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    This section creates the California Passenger Rail Financing Commission in state government and treats it as a public instrumentality and political subdivision of California.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92100. There is in the state government the California Passenger Rail Financing Commission. The commission constitutes a public instrumentality and a political subdivision of the State of California, and the exercise by the commission of the powers conferred by this title shall be deemed and held to be the performance of an essential public function. (Amended by Stats. 1985, Ch. 106, Sec. 74.)
  162. 92101.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission must be made up of the Treasurer and three appointed members.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92101. The commission shall consist of the Treasurer and three appointed members, one each by the Governor, the Senate Rules Committee, and the Speaker of the Assembly. The Treasurer is an elected public official for purposes of federal tax laws. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  163. 92102.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The Treasurer must convene the commission’s first meeting and serves as chairman.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92102. The first meeting of the commission shall be convened by the Treasurer, who shall be the chairman. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  164. 92103.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    Commission members must serve without compensation.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92103. All members of the commission shall serve thereon without compensation. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  165. 92104.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The Treasurer has the powers reasonably necessary to carry out administrative responsibilities given or imposed under this title.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92104. The Treasurer shall have and is hereby vested with all powers reasonably necessary to carry out the administrative responsibilities expressly granted or imposed upon him under this title. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  166. 92105.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission must maintain an office in the City of Sacramento.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92105. The commission shall maintain an office in the City of Sacramento. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  167. 92106.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The Treasurer may hire an executive secretary and other needed staff, and the Treasurer sets the executive secretary’s compensation.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92106. The Treasurer may employ an executive secretary and other persons as are necessary to enable him to perform properly the duties imposed upon him by this title. The executive secretary shall serve at the pleasure of the Treasurer and shall receive compensation as fixed by the Treasurer. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  168. 92107.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission must adopt all necessary rules and regulations, following Chapter 3.5 procedures, to carry out its powers and duties under this title.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92107. The commission shall, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, adopt all necessary rules and regulations to carry out its powers and duties under this title. (Amended by Stats. 1985, Ch. 392, Sec. 1.)
  169. 92108.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The Attorney General is the commission’s legal counsel, and the commission may hire its own legal counsel with the Attorney General’s approval when needed or advisable.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92108. The Attorney General shall be the legal counsel for the commission, but with the approval of the Attorney General, the commission may employ legal counsel as, in its judgment, is necessary or advisable to enable it to carry out the duties and functions imposed upon it by this title. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  170. 92109.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The Treasurer must serve as the commission’s treasurer.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92109. The Treasurer shall be the treasurer for the commission. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  171. 92110.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The Treasurer may hire and set the compensation of bond counsel, financial consultants, and advisers for the commission when needed for bond-related financing.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92110. On behalf of the commission, the Treasurer may employ and fix the compensation of bond counsel, financial consultants, and advisers as may be necessary, in his judgment, in connection with the issuance and sale of any bonds, notes, bond anticipation notes, or other obligations of the commission. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  172. 92111.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission may adopt an official seal, sue and be sued in its own name, and do things generally necessary or convenient to carry out its powers and purposes under this title.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 2. Organization of Commission [92100 - 92111] ( Chapter 2 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92111. The commission may do all of the following: (a) Adopt an official seal. (b) Sue and be sued in its own name. (c) Do all things generally necessary or convenient to carry out its powers and the purposes under this title. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  173. 92150.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 3. Projects [92150 - 92154] ( Chapter 3 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission may charge reasonable application and project fees to cover its costs of administering financing applications under this title.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 3. Projects [92150 - 92154] ( Chapter 3 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92150. The commission may charge reasonable application and project fees to reimburse the commission for costs incurred in administering applications for financing pursuant to this title. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  174. 92151.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 3. Projects [92150 - 92154] ( Chapter 3 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission may choose which projects are financed, provide financial assistance to participating parties, regulate projects, and contract for the sale of rapid rail transit facilities.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 3. Projects [92150 - 92154] ( Chapter 3 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92151. The commission may determine the projects to be financed under this title; lend financial assistance to any participating party to construct, reconstruct, renovate, replace, lease, as lessor or lessee, and regulate a project; and enter into contracts for the sale of any rapid rail transit facilities. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  175. 92152.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 3. Projects [92150 - 92154] ( Chapter 3 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission may issue bonds, notes, bond anticipation notes, and other obligations for its corporate purposes and to fund or refund them.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 3. Projects [92150 - 92154] ( Chapter 3 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92152. The commission may issue bonds, notes, bond anticipation notes (including commercial paper), and other obligations of the commission for any of its corporate purposes, and to fund or refund them, pursuant to this title. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  176. 92153.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 3. Projects [92150 - 92154] ( Chapter 3 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission may set and revise project fees and charges, collect project-related amounts, contract with persons or public agencies about a project, and set terms for selling or disposing of project facilities.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 3. Projects [92150 - 92154] ( Chapter 3 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92153. The commission may do all of the following: (a) Fix fees and charges for project facilities and revise, from time to time, those fees and charges. (b) Collect rates, rents, fees, and charges for the use of and for any facilities or service furnished, or to be furnished, by a project or any part thereof. (c) Contract with any person, partnership, association, corporation, or public agency with respect to a project. (d) Fix the terms and conditions upon which any project facilities may be sold or disposed of, whether by installment sales contracts or otherwise. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  177. 92154.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 3. Projects [92150 - 92154] ( Chapter 3 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission may hire certain professional services and may pay reasonable consulting costs when it believes the services are needed for a project and cannot be obtained from a public agency.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 3. Projects [92150 - 92154] ( Chapter 3 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92154. The commission may contract for engineering, architectural, accounting, or other services of appropriate agencies as may be necessary, in its judgment, for the successful development of any project and pay the reasonable costs of consulting engineers, architects, accountants, and construction experts employed by any participating party if, in its judgment, those services are necessary to the successful development of any project and are not obtainable from any public agency. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  178. 9220.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.5. Speaker of the Assembly [9220 - 9223] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 1247) by Stats. 1989, Ch. 1360, Sec. 51. )

    Verify source ↗

    The Speaker is responsible for the Assembly’s legislative and administrative work between sessions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.5. Speaker of the Assembly [9220 - 9223] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 1247) by Stats. 1989, Ch. 1360, Sec. 51. ) ## 9220. The Speaker is responsible for the efficient conduct of the legislative and administrative affairs of the Assembly from the final adjournment of any session of the Legislature until the convening of the next session including, but not limited to, the preparation, correction, filing and indexing of all bills, records, histories, and other official documents of the Assembly, the proper maintenance of committee rooms and offices of the Assembly and the assignment thereof, and the signing of enrolled bills and delivery thereof to the Governor. (Added by Stats. 1949, Ch. 1247.)
  179. 92200.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 4. General Powers and Duties [92200 - 92203] ( Chapter 4 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission must keep title-related expenses within the money provided under the title, and it cannot create state debt or liability from other sources.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 4. General Powers and Duties [92200 - 92203] ( Chapter 4 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92200. All expenses incurred in carrying out the provisions of this title shall be payable solely from funds provided under the authority of this title, and no liability or obligation shall be imposed upon the State of California. Except as provided in Section 92270, no expenses shall be incurred by the commission in excess of the amount of money which has been provided under this title. Under no circumstances shall the commission create any debt, liability, or obligation on the part of the State of California payable from any source whatsoever other than from the money provided under this title. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  180. 92201.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 4. General Powers and Duties [92200 - 92203] ( Chapter 4 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission may acquire, lease, sell, or otherwise dispose of specified property and related interests for a project, but it may not use eminent domain.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 4. General Powers and Duties [92200 - 92203] ( Chapter 4 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92201. (a) The commission is authorized to acquire by deed, purchase, lease, contract, gift, devise, or otherwise, any real or personal property, structures, rights, rights-of-way, franchises, easements, and other interests in lands located within this state necessary or convenient for the construction or operation of a project, upon terms and conditions it deems advisable, and to lease, sell, or dispose of the property or interest therein in the manner that may be necessary or desirable to carry out the objects and purposes of this title. (b) Nothing in this division shall authorize the commission to exercise the power of eminent domain. (Amended by Stats. 2006, Ch. 538, Sec. 337. Effective January 1, 2007.)
  181. 92202.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 4. General Powers and Duties [92200 - 92203] ( Chapter 4 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    Once the bonds are fully paid or adequately provided for, and related bond conditions are released, the commission must execute deeds or conveyances needed to transfer title to the participating party, under terms it may prescribe.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 4. General Powers and Duties [92200 - 92203] ( Chapter 4 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92202. When the principal of, and interest on, bonds of the commission issued to finance the cost of a particular project for a participating party, including any refunding bonds issued to refund and refinance the bonds, have been fully paid and retired or when adequate provision has been made for the payment and retirement of the bonds, and all other conditions of the resolution, indenture, or agreement authorizing and securing the bonds have been released in accordance with the provision thereof, the commission, upon terms and conditions that may be prescribed by the commission, execute deeds and conveyances that are necessary or required to convey title to the project to the participating party. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  182. 92203.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 4. General Powers and Duties [92200 - 92203] ( Chapter 4 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    A project is not eligible for financing if it already has financing in place when the application is submitted, and it must be intended to reduce highway/street congestion, improve rail transportation quality, and fit the title’s purposes and requirements.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 4. General Powers and Duties [92200 - 92203] ( Chapter 4 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92203. (a) No project, or portion thereof, is eligible for financing under this title for which, at the time an application is submitted to the commission, financing has been otherwise obtained. (b) No project is eligible for financing under this title unless it is intended to reduce traffic congestion on freeways, streets, and highways, is intended to improve the quality of rail transportation within the area to be served by the project, and is otherwise in accord with the purposes and requirements of this title. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  183. 9221.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.5. Speaker of the Assembly [9220 - 9223] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 1247) by Stats. 1989, Ch. 1360, Sec. 51. )

    Verify source ↗

    Assembly members, officers, and employees must help the Speaker when asked.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.5. Speaker of the Assembly [9220 - 9223] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 1247) by Stats. 1989, Ch. 1360, Sec. 51. ) ## 9221. Every member, officer, and employee of the Assembly shall, upon request, assist the Speaker in carrying out the duties imposed upon him under this article. (Added by Stats. 1949, Ch. 1247.)
  184. 9222.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.5. Speaker of the Assembly [9220 - 9223] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 1247) by Stats. 1989, Ch. 1360, Sec. 51. )

    Verify source ↗

    The Speaker and assisting Assembly Members may not receive extra salary for this work, but they may get mileage and actual necessary living/meals expenses; covered officers and employees are paid at the same session rate, and claims are paid by warrant after the Speaker certifies them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.5. Speaker of the Assembly [9220 - 9223] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 1247) by Stats. 1989, Ch. 1360, Sec. 51. ) ## 9222. Neither the Speaker nor any Member of the Assembly who assists him shall receive any additional salary for services rendered pursuant to this article, but they shall be allowed the same mileage and actual and necessary expenses for living accommodations and meals as is provided by the Joint Rules for members of investigating committees. Officers and employees who perform services pursuant to this article shall be compensated at the same rate paid for their services during the session. The allowances and compensation provided for in this section shall be paid only out of any money appropriated for the payment of legislative help. Claims for such allowances and compensation shall be paid by warrants drawn by the State Controller upon the State Treasurer, after certification by the Speaker. (Amended by Stats. 1973, Ch. 7.)
  185. 9223.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.5. Speaker of the Assembly [9220 - 9223] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 1247) by Stats. 1989, Ch. 1360, Sec. 51. )

    Verify source ↗

    When the Speaker has qualifying Assembly committee expenses, the Controller must pay the claim if it is certified by the committee chair or by the Speaker.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.5. Speaker of the Assembly [9220 - 9223] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 1247) by Stats. 1989, Ch. 1360, Sec. 51. ) ## 9223. Whenever the Speaker incurs expenses in connection with the work of an Assembly committee of which he is a member, whether an ex officio or otherwise, the Controller shall draw his warrant in payment of the claim for such expenses when it is certified either by the chairman of the committee or by the Speaker. The amount so paid shall be charged against the money allocated to the committee from the Assembly Contingent Fund. (Amended by Stats. 1973, Ch. 7.)
  186. 9225.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 5. Child Care [9225- 9225.] ( Article 5 added by Stats. 1990, Ch. 181, Sec. 1. )

    Verify source ↗

    The Joint Rules Committee must include child care services in planning the Legislature’s new Sacramento building, make the services available to eligible legislative officers and employees, notify them, set a sliding fee scale, and use legislative operating funds to pay the costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 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 2. Officers and Employees of the Legislature [9150 - 9225] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 5. Child Care [9225- 9225.] ( Article 5 added by Stats. 1990, Ch. 181, Sec. 1. ) ## 9225. (a) The Joint Rules Committee shall include, in planning the Legislature’s new building to be located at the corner of 10th Street and “N” Street in Sacramento, child care services and limited school age child care services, as prescribed in this subdivision, to be made available to all legislative officers and employees who perform the majority of their work in Sacramento, excluding district office employees, and shall notify these legislative officers and employees about the availability of these services. The child care services shall be made available during regular legislative work hours and, in addition, during extended legislative work hours on weekends and nights. School age child care services shall be available during extended legislative work hours on weekends and nights. (b) It is the intent of the Legislature that the child care program established by the Joint Rules Committee shall serve as a model program to demonstrate to the private sector the manner in which child care programs should be organized and implemented. (c) To reimburse, fully or partially, the cost of the child care services and the limited school age child care services, as prescribed in subdivision (a), the Joint Rules Committee shall establish a sliding fee scale based on income of the legislative employees or officers electing to use the child care services or school age child care services, or both. The costs incurred due to the requirements of this article shall be paid from the Senate Operating Fund and the Assembly Operating Fund. (d) As used in this section: (1) “Child care services” means nonmedical care to children from infancy to kindergarten who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for protection of the individual on less than a 24-hour basis. (2) “School age child care services” means nonmedical care to children from kindergarten to age 12 who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for protection of the individual on a less than 24-hour basis. (e) On or before June 1, 1992, the Senate Committee on Rules and the Assembly Committee on Rules shall consider establishing similar child care programs for district office employees if the committee determines that the program established pursuant to subdivision (a) provides a valuable service. (Added by Stats. 1990, Ch. 181, Sec. 1.)
  187. 92250.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission may incur debt and issue or renew securities if all of that debt is payable only from the commission’s revenues.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92250. The commission may incur indebtedness and issue securities of any kind or class, and renew them, if all indebtedness is payable solely from revenues of the commission. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  188. 92251.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission must adopt a resolution stating the total amount of bonds it plans to issue, and the bond amount is capped at $1.25 billion plus any indebtedness authorized by Section 92270.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92251. (a) At times that the commission desires to issue bonds, as defined in Section 92252, it shall adopt a resolution specifying the total amount of bonds proposed to be issued. (b) The maximum aggregate principal amount of bonds that may be issued under the authority of this title is one billion two hundred fifty million dollars ($1,250,000,000) plus the amount of any indebtedness authorized by Section 92270. (c) The limitation in subdivision (b) does not apply to bonds or other evidence of indebtedness, including bond anticipation notes and commercial paper, issued to refund bonds, bond anticipation notes, or commercial paper. (Amended by Stats. 2006, Ch. 538, Sec. 338. Effective January 1, 2007.)
  189. 92252.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission may issue negotiable bonds, notes, debentures, or other securities for corporate purposes.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92252. The commission may, from time to time, issue its negotiable bonds, notes, debentures, or other securities, collectively called “bonds” for any corporate purpose. The bonds may be authorized, without limiting the generality of the foregoing, to finance a single project for a single participating party, a series of projects for a single participating party, a single project for several participating parties, or several projects for several participating parties. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  190. 92253.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission may issue and renew bond anticipation notes or commercial paper, and those instruments must mature within three years of the original issue date.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92253. In anticipation of the sale of the bonds as authorized by Section 92250, or as may be authorized pursuant to Section 92251, the commission may issue, may renew from time to time, negotiable bond anticipation notes or commercial paper. The bond anticipation notes and commercial paper may be paid from the proceeds of sale of the bonds of the commission in anticipation of which they were issued. Notes and agreements relating thereto and bond anticipation notes and commercial paper, collectively called “notes,” and the resolution authorizing the notes or commercial paper, may contain any provisions, conditions, or limitations which a bond, an agreement relating thereto, and a bond resolution of the commission may contain, except that the notes and commercial paper, and renewals thereof, shall mature at a time not exceeding three years from the date of issue of the original notes or commercial paper. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  191. 92254.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    The commission may expressly provide otherwise, but otherwise its bonds, notes, and other obligations are treated as general obligations payable from available commission revenues or money, subject to certain agreements.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92254. Except as may be otherwise expressly provided by the commission, every issue of its bonds, notes, or other obligation shall be general obligations of the commission payable from any revenues or money of the commission available therefor and not otherwise pledged, subject only to any agreement with the holders of particular bonds, notes, or other obligations pledging any particular revenues or money and subject to any agreement with any participating party. Notwithstanding that the bonds, notes, or other obligations may be payable from a special fund, they shall be, and be deemed to be, for all purposes negotiable instruments, subject only to the provisions of the bonds, notes, or other obligations for registration. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  192. 92255.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    This section lets the commission issue bonds, and requires the Treasurer to sell bonds or notes within 60 days after receiving the commission’s certified resolution, unless the commission extends that period.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92255. (a) The bonds may be issued as serial bonds or as term bonds, or the commission, in its discretion, may issue bonds of both types. (b) The bonds shall be authorized by resolution of the commission and shall bear the date or dates, mature at the time or times, not exceeding 50 years from their respective dates, bear interest at the rate or rates, be payable at the time or times, be in the denominations, be in the form, either coupon or registered, carry the registration privileges, be executed in the manner, be payable in lawful money of the United States of America at the place or places, and be subject to the terms of redemption, as the resolution or resolutions may provide. (c) The bonds or notes shall be sold by the Treasurer within 60 days of receipt of a certified copy of the commission’s resolution authorizing the sale of the bonds, except that the commission, at its discretion, may adopt a resolution extending the 60-day period. The sales may be at public or private sale, and for the price or prices and on the terms and conditions, as the commission shall determine after giving due consideration to the recommendations of any participating party to be assisted from the proceeds of the bonds or notes. (d) Pending preparation of the definitive bonds, the Treasurer may issue interim receipts, certificates, or temporary bonds which shall be exchanged for the definitive bonds. The Treasurer may sell any bonds, notes, or other evidence of indebtedness at a price or prices below the par value thereof without any limitation on price or prices. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  193. 92256.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    Bond-authorizing resolutions may include specified bondholder-protection and financing terms.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92256. Any resolution or resolutions authorizing any bonds, or any issue of bonds, may contain provisions, which shall be a part of the contract with the holders of the bonds to be authorized, as to the following: (a) Pledging the full faith and credit of the commission or pledging all or any part of the revenues of any project or any revenue-producing contract or contracts made by the commission with any individual, partnership, corporation, or association or other body, public or private, or other money of the commission, to secure the payment of the bonds or of any particular issue of bonds, subject to any agreement with bondholders that may then exist. (b) The rentals, fees, purchase payments, and other charges to be charged, and the amounts to be raised in each year thereby, and the use and disposition of the revenues. (c) The setting aside of reserves or sinking funds, and the regulation and disposition thereof. (d) Limitations on the right of the commission or its agent to regulate the use of the project or projects to be financed out of the proceeds of the bonds or any particular issue of bonds. (e) Limitations on the purpose to which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied, and pledging the proceeds to secure the payment of the bonds or any issue of the bonds. (f) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding bonds. (g) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds that the holders who are required to consent thereto, and the manner in which the consent may be given. (h) Limitations on expenditures for operating, administrative, or other expenses of the commission. (i) Defining the acts or omissions to act which constitute a default in the duties of the commission to holders of its obligations, and providing the rights and remedies of the holders in the event of a default. (j) The mortgaging of any project, or any part thereof, for the purpose of securing the bondholders. (k) The mortgaging of land, improvements, or other assets owned by a participating party for the purpose of securing the bondholders. (l) Procedures for the selection of projects to be financed with the proceeds of the bonds authorized by the resolution, if the bonds are to be sold in advance of the designation of the projects, and participating parties to receive the financing. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  194. 92257.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    Commission members and people who execute the bonds or notes are not personally liable because of issuing them.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92257. Neither the members of the commission, nor any person executing the bonds or notes shall be liable personally on the bonds or notes, or be subject to any personal liablility or accountability by reason of the issuance thereof. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  195. 92258.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    The commission may buy, hold, pledge, cancel, or resell its bonds or notes, if it has available funds and follows agreements with bondholders.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92258. The commission may, from any funds available therefor, purchase its bonds or notes. The commission may hold, pledge, cancel, or resell the bonds, subject to and in accordance with agreements with the bondholders. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  196. 92259.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    Before issuing bonds, notes, or commercial paper, the commission must hold a public hearing, give the required notice, and obtain approval from a majority of the commission and the Treasurer.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92259. (a) All bonds, notes, and commercial paper issued by the commission under this chapter shall be issued only after a public hearing on the issuance thereof has been held at the offices of the commission in Sacramento, California, not less than 14 days following the date of publication of a notice of the hearing in a financial publication generally circulated throughout the state and in a newspaper of general circulation published within each county in which is located any portion of the project to be financed with the bonds, notes or commercial paper. (b) The notice shall include the date, time and place of the hearing, the principal amount of bonds, notes, or commercial paper which may be issued, and a brief description of the project to be financed with the proceeds thereof, including its location and routing. (c) In addition, no bonds, notes, or commercial paper shall be issued by the commission, unless approved for issuance following the hearing by a majority of the commission and by the Treasurer. (d) Any or all of the requirements of this section may be waived by the commission, upon the request of a participating party, if the requirement to be waived is not necessary to qualify interest on the bonds, notes, or commercial paper for exemption from federal income taxes. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  197. 92260.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    The commission may, if it chooses, secure bonds issued under this title with a trust agreement.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92260. (a) At the discretion of the commission, any bonds issued under this title may be secured by a trust agreement by and between the commission and a trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  198. 92261.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    Bond trust agreements or bond-issuing resolutions may pledge revenues, assign contract proceeds, and secure the project with conveyance or mortgage; bank or trust company depositories may also be required to post indemnity bonds or securities.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92261. (a) The trust agreement or the resolution providing for the issuance of the bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged and may convey or mortgage the project or projects, or any portion thereof, to be financed out of the proceeds of the bonds. The trust agreement or resolution providing for the issuance of the bonds may contain provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including particularly provisions specifically authorized to be included in any resolution of the commission authorizing bonds thereof. (b) Any bank or trust company doing business under the laws of this state which may act as depository of the proceeds of bonds or of revenues or other moneys may furnish indemnifying bonds or pledge securities as may be required by the commission. (c) Any trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition, any trust agreement or resolution may contain other provisions that the commission may deem reasonable and proper for the security of the bondholders. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  199. 92262.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    The Treasurer is not treated as having a conflict of interest just because they act as trustee under this title.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92262. Notwithstanding any other provision of law, the Treasurer shall not be deemed to have a conflict of interest by reason of acting as trustee pursuant to this title. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  200. 92263.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    Expenses incurred to carry out the trust agreement or resolution may be treated as part of a project’s operating cost.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92263. All expenses incurred in carrying out the provisions of the trust agreement or resolution may be treated as a part of the cost of the operation of a project. (Added by Stats. 1982, Ch. 1553, Sec. 2.)

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