Government Code — Part 106 | GOV — United States — California law | Esheria

Government Code

Part 106 of 107 · provisions 21,001–21,200

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. 9360.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    Payment to a group is barred if any earlier group still has living members; payment requires an affidavit stating the earlier groups have no living persons and the estate will not be probated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9360. No payment shall be made to persons included in any group if at the date of payment there are living persons in any of the groups preceding it, as listed. Payment to the persons in any group, upon receipt from them of an affidavit upon a form supplied by the board, that there are no living individuals in the groups preceding it and that the estate of the deceased will not be probated, is in full discharge of the board and system on account of the death. (Added by Stats. 1947, Ch. 879.)
  2. 9360.1.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    The board may, at its discretion, pay funeral-related amounts to the funeral director or to a person or organization that paid those expenses, but only up to the funeral expenses paid.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9360.1. If the estate of the deceased member is his beneficiary, or if no beneficiary has been designated by him, or if the designated beneficiary cannot be found by the board, it may in its discretion pay to the funeral director who conducted the funeral, or to any person or organization that has paid the funeral director from his or the organization’s funds, all or a portion of any amount payable under this system, but not more than expenses of the funeral or the portion of such expenses paid by the person or organization, as evidenced by the sworn itemized statement of the funeral director and by such other documents as the board may require. Payment so made is a full discharge of the board and system for the amount so paid. (Added by Stats. 1947, Ch. 879.)
  3. 9360.10.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    The board must annually adjust certain allowances for cost-of-living increases, using specified CPI measures and only when the increase is at least 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9360.10. On or before January 15, 1968, and on or before January 15 of each year thereafter, the amount of any allowances provided by this chapter and not subject to Section 9360.9 shall be adjusted by the board to reflect any increase in cost of living occurring after January 1 of the immediately preceding fiscal year. Effective January 1, 1985, the United States city average of the “Consumer Price Index for all Urban Consumers,” as published by the United States Bureau of Statistics, shall be used as the basis for determining the changes in the cost of living. For the period from January 1, 1978, through December 31, 1984, the average of the separate indices of the “Consumer Price Index for All Urban Consumers” for the Los Angeles-Long Beach-Anaheim area and the San Francisco-Oakland area, as published by the United States Bureau of Labor Statistics, shall be used as the basis for determining the changes in the cost of living. For the period prior to January 1, 1978, the average of the separate indices for the Los Angeles-Long Beach area and the San Francisco-Oakland area, as published by the United States Bureau of Labor Statistics, shall be used as the basis for determining the changes in the cost of living. The cost-of-living increase shall equal or exceed 1 percent before any adjustment is made in the allowance. The adjustment provided by this section shall be made only if it operates to effect an increase over the allowance payable for the calendar year immediately preceding. (Amended by Stats. 1984, Ch. 110, Sec. 2. Effective May 3, 1984.)
  4. 9360.11.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    Certain members are treated as eligible for retirement if they meet the conditions described here, despite other chapter provisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9360.11. Notwithstanding any other provisions of this chapter, any member who would have been eligible to retire under Section 9359.01 had it not been repealed because he or she did not return to office or who would have been eligible to retire under that section had it not been repealed and had he or she chosen not to run or not been returned to office following the reapportionment of his or her district is deemed eligible for retirement for purposes of Sections 9360.7 and 9361.1 at any time thereafter. (Amended by Stats. 2002, Ch. 664, Sec. 92.7. Effective January 1, 2003.)
  5. 9360.2.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    This section defines “disability” and “incapacity for performance of duty” for retirement as a permanent or long-lasting, uncertain disability determined by the board based on competent medical opinion.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9360.2. As used in this chapter, “disability” and “incapacity for performance of duty” as a basis of retirement, mean disability of permanent or extended and uncertain duration, as determined by the board on the basis of competent medical opinion. (Added by Stats. 1949, Ch. 1109.)
  6. 9360.3.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    A member, or someone acting on the member’s behalf, may apply to the board for disability retirement, and the board must retire the member if it finds the applicant is incapacitated for duty.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9360.3. Application to the board for retirement of a member for disability may be made by the member or any person in his or her behalf. Upon receipt of the application and determination of the board that the applicant is incapacitated for the performance of duty, the board shall retire the member for disability. The application shall be made only during one or more of the three following periods: (a) While the person is a member of this system. (b) During any time as he or she has allowed his or her accumulated contributions to remain in the system pursuant to Section 9355.2. (c) If the person has not allowed his or her accumulated contributions to remain in the system pursuant to Section 9355.2 and if he or she was physically or mentally incapacitated to perform his or her duties on the date of discontinuance of his or her service as a legislator and the incapacity continued to the time of application, while he or she is physically or mentally incapacitated. (Amended by Stats. 2002, Ch. 664, Sec. 92.2. Effective January 1, 2003.)
  7. 9360.4.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    The board may require a disability-allowance recipient under minimum retirement age to undergo a medical examination.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9360.4. The board may require any recipient of a disability allowance under the minimum age for voluntary retirement to undergo medical examination. The examination shall be made by a physician or surgeon, appointed by the board, at the place of residence of the recipient or other place mutually agreed upon. Upon the basis of the examination, the board shall determine whether the physical or mental disability still exists. If the board determines that the recipient is not so incapacitated, his or her disability allowance shall be canceled forthwith. (Amended by Stats. 2002, Ch. 664, Sec. 92.3. Effective January 1, 2003.)
  8. 9360.5.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    A disability retirement allowance stops if the recipient refuses a medical examination, and stays stopped until the recipient agrees to be examined.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9360.5. If any recipient of a disability retirement allowance under the minimum age for voluntary retirement refuses to submit to medical examination, the retirement allowance shall be discontinued until he or she agrees to submit to the examination. If the refusal continues for one year, disability retirement allowance shall be discontinued. (Amended by Stats. 2002, Ch. 664, Sec. 92.4. Effective January 1, 2003.)
  9. 9360.6.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    This section sets disability retirement benefits equal to the relevant retirement allowance and says they are payable regardless of the member’s age.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9360.6. The disability allowance for other than legislative statutory officers is the same as the retirement allowance that would be payable to the member had he or she retired under this chapter for reasons other than disability, and shall be paid regardless of the age of the member at the time of his or her retirement for disability. The disability retirement allowance for legislative statutory officers is the same as the retirement allowance provided in Section 9359.10, and shall be paid regardless of the age of the member at the time of his or her retirement for disability. (Amended by Stats. 2002, Ch. 664, Sec. 92.5. Effective January 1, 2003.)
  10. 9360.7.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    This section gives retirement benefits to qualifying members of the Senate or Assembly and allows certain surviving spouses or children to receive an allowance, subject to filing and eligibility conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9360.7. (a) Any Member of the Senate or Assembly who, after the effective date of this section, retires for service or disability shall receive the retirement allowance provided by this chapter unmodified by any optional settlement elected pursuant to Article 7 (commencing with Section 9361) of this chapter. (b) The surviving spouse of a member described in subdivision (a) who dies after retirement may elect to receive an allowance under this section. Any surviving spouse making that election shall receive an allowance equal to one-half of the retirement allowance, unmodified by any optional settlement that would be payable to the member were he or she living and retired under this chapter. (c) The surviving spouse of a member who is a Member of the Senate or Assembly and who dies before retirement but after becoming eligible for retirement may elect to receive an allowance under this section. Any surviving spouse making that election shall receive an allowance equal to one-half of the amount of the retirement allowance, unmodified by any optional settlement, that would be payable to the member were he or she living and retired under this chapter. If there is no surviving spouse, or if the spouse dies or remarries, then the allowance payable under this paragraph shall be payable to the children of the member under the same conditions and qualifications as provided for the allowances of children under Article 8 (commencing with Section 9371) of this chapter. (d) The election provided for in this section shall be made by a writing filed with the board within 60 days after the death of the member. (e) The allowance to a surviving spouse provided by this section is payable commencing upon the death of the member and continuing until the death or remarriage of the surviving spouse. If pursuant to this section, an allowance is paid to a surviving spouse, no payment shall be made pursuant to Section 9359.8 or pursuant to Article 7 (commencing with Section 9361) of this chapter. (f) The provisions of this section apply to the surviving spouse of any Member of the Senate or Assembly who was credited with 20 or more years of service at the time of his or her retirement and regardless of the date of retirement. (Amended by Stats. 2002, Ch. 664, Sec. 92.6. Effective January 1, 2003.)
  11. 9360.9.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    The board must adjust certain legislative allowances for cost-of-living increases on the stated deadlines and use specified CPI measures to calculate 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9360.9. Notwithstanding any other provisions of this chapter, the provisions of this section shall be applicable to all allowances granted by this chapter commencing with each installment paid or payable on or after January 1, 1964, with respect to Members of the Senate or the Assembly not having service in such office during or after the term commencing in 1967 and members who are elective officers of the state whose offices are provided by the Constitution and who were first elected to any such office prior to January 1, 1966. On or before January 1, 1964, the board shall adjust the amount of the allowances payable during the 1964 calendar year to reflect any increase in cost of living occurring between the 1963 calendar year and the 1955 calendar year, inclusive, and any increase resulting from such adjustment shall be payable commencing with each installment of allowances paid or payable on or after January 1, 1964. On or before January 15, 1965, and, on or before January 15 of each year thereafter, the amount of the allowances provided by this chapter shall be adjusted by the board to reflect any increase in cost of living occurring after January 1 of the immediately preceding calendar year. Effective January 1, 1985, the United States city average of the “Consumer Price Index for all Urban Consumers,” as published by the United States Bureau of Statistics, shall be used as the basis for determining the changes in the cost of living. For the period from January 1, 1978, through December 31, 1984, the average of the separate indices of the “Consumer Price Index for All Urban Consumers” for the Los Angeles-Long Beach-Anaheim area, and the San Francisco-Oakland area, as published by the United States Bureau of Labor Statistics, shall be used as the basis for determining the changes in the cost of living. For the period prior to January 1, 1978, the average of the separate indices for the Los Angeles-Long Beach area and the San Francisco-Oakland area, as published by the United States Bureau of Labor Statistics, shall be used as the basis for determining the changes in the cost of living. The cost-of-living increase shall equal or exceed 1 percent before any adjustment is made in the allowance. The calendar year 1954 shall be used as the base year in computing any annual adjustment. The annual adjustment made on or before January 15, 1965 and made on or before January 15 of each calendar year thereafter shall correspond to the average annual change in the calendar year immediately preceding the year during which the adjustment shall be effective. The adjustment made on or before January 1, 1964, shall correspond to the total of the average annual changes in each calendar year from the 1955 calendar year to the 1963 calendar year, inclusive. The adjustment provided by this section shall be made only if it operates to effect an increase over the allowance payable for the calendar year immediately preceding. (Amended by Stats. 1984, Ch. 110, Sec. 1. Effective May 3, 1984.)
  12. 9361.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. )

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    A member or retired member may choose, revoke, or change an optional settlement instead of taking the retirement allowance for life alone.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. ) ## 9361. In lieu of the retirement allowance for his life alone, a member or retired member may elect, or revoke or change a previous election, to have the actuarial equivalent of his retirement allowance as of the date of retirement applied to a lesser retirement allowance, in accordance with one of the optional settlements specified in this article. (Amended by Stats. 1957, Ch. 1871.)
  13. 9361.1.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section lets a member make, revoke, or change an optional settlement election within specified timing limits, requires the filing to be in writing with the board, and gives surviving spouses special benefit rules in some cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. ) ## 9361.1. (a) The election, revocation, or change of election set forth in Section 9361 may be made at any time before the effective date of retirement or after the effective date and prior to the making of the first payment on account of any retirement allowance. (b) If at any time before the making of the first payment on account of the member’s retirement allowance, his or her spouse dies, or his or her marriage is terminated by a final judgment of divorce or annulment, the election of the member is automatically void, and the member may make a new election. (c) A member who has elected an optional settlement providing for the payment of a benefit to his or her spouse may at any time before the making of the first payment on account of his or her retirement allowance substitute a different optional settlement. (d) The election, revocation, or change of election shall be made by a writing filed with the board. (e) If a member who is eligible for retirement has elected one of the optional settlements specified in this article, the surviving spouse of that member shall receive the same benefits as the surviving spouse would have received if the date of his or her death had also been the date of his or her retirement and if retirement had preceded death. If in that event benefits are paid to a surviving spouse, no payment shall be made pursuant to Section 9359.8. If a member dies without having elected an optional settlement and there is a surviving spouse, he or she shall be deemed for the purposes of this paragraph to have elected Optional Settlement No. 2. In either case, the benefits payable to the surviving spouse shall be in the same amount as if the member had elected to receive credit for service rendered prior to the date he or she became a member of this system and had paid the full amount of the contributions in respect to that service. (f) Any election filed under this section prior to the effective date of the amendments to this section enacted by the Legislature at the 1957 Regular Session shall continue to be effective in accordance with the terms of this section as it read prior to those amendments and may thereafter be revoked or changed or become void only in accordance with this section as it read prior to such amendment. (Amended by Stats. 2002, Ch. 664, Sec. 92.8. Effective January 1, 2003.)
  14. 9361.12.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A retired Senate or Assembly member may revoke an optional settlement and name a different beneficiary by filing a writing with the board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. ) ## 9361.12. Notwithstanding any provision of this part, a retired member who was a Member of the Senate or Assembly may revoke an optional settlement and may designate a different beneficiary by a writing filed with the board. The new beneficiary shall receive an allowance based upon the actuarial equivalent, as of the date of the election, of the retired member’s allowance payable for the remainder of the lifetime of the retired member under one of the optional settlements specified in this article. (Added by Stats. 1985, Ch. 255, Sec. 1.)
  15. 9361.15.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A member may name one or more beneficiaries.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. ) ## 9361.15. A member may designate one or more persons as beneficiaries. If more than one person is designated under an optional settlement involving life contingency of the beneficiary, the member will be deemed to have elected such optional settlement on an equal portion of his allowance independently for each beneficiary. (Added by Stats. 1967, Ch. 1716.)
  16. 9361.2.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Optional Settlement 1 gives a retirement allowance payable until death, and if the person dies before receiving all accumulated contributions at retirement, the remaining balance is paid to the beneficiary or estate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. ) ## 9361.2. Optional Settlement 1 consists of the right to have a retirement allowance paid him or her until his or her death and if he or she dies before he or she receives the amount of his or her accumulated contributions at retirement, to have the balance at death paid to his or her beneficiary or estate. (Amended by Stats. 2002, Ch. 664, Sec. 92.9. Effective January 1, 2003.)
  17. 9361.3.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Optional Settlement 2 gives the person covered by it a right to receive a retirement allowance for life, and then for life to the person’s beneficiary after death.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. ) ## 9361.3. Optional Settlement 2 consists of the right to have a retirement allowance paid him or her until his or her death and thereafter to his or her beneficiary for life. (Amended by Stats. 2002, Ch. 664, Sec. 93. Effective January 1, 2003.)
  18. 9361.4.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Optional Settlement 3 gives the member a right to receive a retirement allowance until death, then gives the beneficiary one-half of that allowance for life.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. ) ## 9361.4. Optional Settlement 3 consists of the right to have a retirement allowance paid him or her until his or her death, and thereafter to have one-half of his or her retirement allowance paid to his or her beneficiary for life. (Amended by Stats. 2002, Ch. 664, Sec. 93.1. Effective January 1, 2003.)
  19. 9361.5.

    ## 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 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A person may select Optional Settlement 4, but only if the board approves it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 7. Optional Settlements [9361 - 9361.5] ( Article 7 added by Stats. 1947, Ch. 879. ) ## 9361.5. Optional Settlement 4 consists of such other benefits as are the actuarial equivalent of his retirement allowance, that he may select subject to the approval of the board. (Added by Stats. 1947, Ch. 879.)
  20. 9371.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. )

    Verify source ↗

    This article applies only to members who elect to be covered, and it does not apply while their services are included in the federal social security system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. ) ## 9371. (a) This article applies to members who elect to be subject to its provisions and does not apply to any member while his or her services are included in the federal social security system. (b) An election pursuant to this section shall be in writing and shall be effective only when received in the office of the board. The board may, on the request of any member who elects to be subject to this article, cancel the election if it finds that the election was made because of the member’s mistake or misunderstandings and that the member has acted diligently in making the request. The cancellation is effective as of the first day of the month following the board’s action canceling the election. (Amended by Stats. 2002, Ch. 664, Sec. 93.2. Effective January 1, 2003.)
  21. 9372.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. )

    Verify source ↗

    “Survivor allowance” means the allowance provided for in Section 9374.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. ) ## 9372. “Survivor allowance” means the allowance provided for in Section 9374. (Added by Stats. 1972, Ch. 1409.)
  22. 9373.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. )

    Verify source ↗

    This section defines “disability,” “disabled,” and “incapacitated” for survivor allowance qualification.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. ) ## 9373. “Disability,” “disabled” or “incapacitated” means, with respect to qualification for a survivor allowance, inability to engage in any substantial gainful occupation by reason of any physical or mental impairment which is determined on the basis of competent medical opinion secured by the board, to be of permanent or extended and uncertain duration. (Added by Stats. 1972, Ch. 1409.)
  23. 9374.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. )

    Verify source ↗

    If a member dies before retirement, certain surviving family members may receive monthly survivor allowances, with payment priority depending on spouse, children, and dependent parents.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. ) ## 9374. Upon the death of a member before retirement (a) the surviving spouse of the member, who has the care of children, including stepchildren, of the member who are not married or in registered domestic partnerships and are under 18 years of age, or are incapacitated because of disability which began before and has continued without interruption after attainment of that age, or if there is no such spouse, then (b) the guardian of surviving children, including stepchildren, of the member who are not married or in registered domestic partnerships and are under 18 years of age or so incapacitated, if any, or (c) the surviving spouse of the member, who does not qualify under (a), if any, or if no such children under (b) or such spouse under (c), then (d) each surviving parent of the member, shall be paid the following applicable survivor allowance, under the conditions stated and from contributions of the state: (1) A widow or a widower who was married to, or was in a registered domestic partnership with, the member prior to the occurrence of the injury or onset of the illness that resulted in death, and has the care of children, including stepchildren, of the deceased member who are not married or in registered domestic partnerships and are under 18 years of age or so incapacitated, shall be paid three hundred sixty dollars ($360) if there is one such child, or four hundred thirty dollars ($430) per month if there are two or more such children. If there also are such children who are not in the care of the surviving spouse, the portion of the allowance payable under this paragraph, assuming that these children were in the care of the surviving spouse, which is in excess of one hundred eighty dollars ($180) per month, shall be divided equally among all of those children and payments made to the spouse and other children, as the case may be. (2) If there is no such surviving spouse, or if such surviving spouse dies, remarries, or enters into a subsequent registered domestic partnership, and if there are children, including stepchildren, of the deceased member who are not married or in registered domestic partnerships and are under 18 years of age, or if there are such children not in the care of such spouse, such children shall be paid an allowance as follows: (A) If there is only one such child, such child shall be paid one hundred eighty dollars ($180) per month. (B) If there are two such children, such children shall be paid three hundred sixty dollars ($360) per month divided equally between them. (C) If there are three or more such children, such children shall be paid four hundred thirty dollars ($430) per month divided equally among them. (3) A surviving spouse who has attained or attains the age of 62 years, and, regardless of the gender of the surviving spouse, who was married to, or in a registered domestic partnership with, such member prior to the occurrence of the injury or onset of the illness that resulted in death, and has not remarried or entered into a registered domestic partnership subsequent to the member’s death, shall be paid one hundred eighty dollars ($180) per month. No allowance shall be paid under this paragraph, while the surviving spouse is receiving an allowance under paragraph (1), or while an allowance is being paid under subparagraph (C) of paragraph (2). The allowance paid under this paragraph shall be seventy dollars ($70) per month while an allowance is being paid under subparagraph (B) of paragraph (2). (4) If there is no surviving spouse, or surviving children who qualify for a survivor allowance, or if such surviving spouse dies, remarries, or enters into a subsequent registered domestic partnership, or if such children reach 18 years of age or die, marry, or enter into a registered domestic partnership prior thereto, each of the member’s dependent mother and father who has attained or attains 62 years of age, and who received at least one-half of his or her support from the member at the time of the member’s death, shall be paid one hundred eighty dollars ($180) per month. “Stepchildren,” for purposes of this section, shall include only stepchildren of the member living with him or her in a regular parent-child relationship at the time of his or her death. (Amended by Stats. 2016, Ch. 50, Sec. 46. (SB 1005) Effective January 1, 2017.)
  24. 9375.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. )

    Verify source ↗

    For Section 9374, a person is treated as under 18 if the person is under 22 and a full-time student.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. ) ## 9375. For the purposes of Section 9374, a person shall be considered to be under the age of 18 if he or she is under the age of 22 and a full-time student. (Amended by Stats. 2002, Ch. 664, Sec. 93.4. Effective January 1, 2003.)
  25. 9376.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. )

    Verify source ↗

    If a survivor is eligible for both a monthly death-benefit allowance and a survivor allowance, the survivor allowance for that month is reduced by the amount of the other benefit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. ) ## 9376. When the survivor is entitled to receive a monthly allowance as a death benefit provided by any other provision of this chapter and at the same time is entitled to receive a survivor allowance, the survivor allowance payable in any month shall be reduced by the amount of such other allowance or benefit. (Added by Stats. 1972, Ch. 1409.)
  26. 9377.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. )

    Verify source ↗

    Members subject to this article must pay an extra $2 per month, and the contribution starts after an election to be covered by the article is filed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. ) ## 9377. The rate of contribution of a member subject to this article shall include in addition to his normal rate, two dollars ($2) per month. Such contributions shall not become a part of a member’s accumulated contributions or be treated or administered as normal contributions and shall not be refundable to a member under any circumstances. Such contributions shall be available only for payment of survivors’ allowances under this article. Contributions shall begin on the first of the month or the payroll period following the filing of an election to be subject to this article. (Added by Stats. 1972, Ch. 1409.)
  27. 9378.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. )

    Verify source ↗

    If a person qualifies as an eligible survivor of more than one member in a month, that person may receive only one allowance under this article, and it must be the largest monthly allowance otherwise available.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 8. Survivor’s Allowances [9371 - 9378] ( Article 8 added by Stats. 1972, Ch. 1409. ) ## 9378. A person who in any month is an eligible survivor of more than one member, shall receive only one allowance under this article, which shall be the largest of the monthly allowances to which he or she would otherwise be entitled. (Amended by Stats. 2002, Ch. 664, Sec. 93.5. Effective January 1, 2003.)
  28. 940.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [940 - 940.6] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The definitions in this article apply to this part unless the provision or context requires otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [940 - 940.6] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 940. Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this part. (Added by Stats. 1963, Ch. 1715.)
  29. 940.2.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [940 - 940.6] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This section defines “Board” and gives different meanings depending on whether the subject is a local public entity, the state, a judicial branch entity or judge, or the California State University.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [940 - 940.6] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 940.2. “Board” means: (a) In the case of a local public entity, the governing body of the local public entity. (b) In the case of the state, except as provided by subdivisions (c) and (d), the Department of General Services. (c) In the case of a judicial branch entity or a judge thereof, the Judicial Council. (d) In the case of the California State University, the Trustees of the California State University. (Amended by Stats. 2016, Ch. 31, Sec. 52. (SB 836) Effective June 27, 2016.)
  30. 940.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [940 - 940.6] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A “judicial branch entity” means a public entity such as a superior court, court of appeals, the Supreme Court, the Judicial Council, or the Administrative Office of the Courts.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [940 - 940.6] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 940.3. A “judicial branch entity” is a public entity and means any superior court, court of appeals, the Supreme Court, the Judicial Council, or the Administrative Office of the Courts. (Added by Stats. 2002, Ch. 1007, Sec. 11. Effective January 1, 2003.)
  31. 940.4.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [940 - 940.6] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This section defines “local public entity” to include several local government and public bodies, but not the State.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [940 - 940.6] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 940.4. “Local public entity” includes a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State, but does not include the State. (Added by Stats. 1963, Ch. 1715.)
  32. 940.6.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [940 - 940.6] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This section defines “State” 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 1. Definitions [940 - 940.6] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 940.6. “State” means the State and any office, officer, department, division, bureau, board, commission or agency of the State claims against which are paid by warrants drawn by the Controller. (Added by Stats. 1963, Ch. 1715.)
  33. 9400.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    In this chapter, “committee” means a Senate or Assembly committee, a joint committee of both houses, or a subcommittee authorized by one of those committees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9400. As used in this chapter, “committee” means a committee of either the Senate or Assembly, a joint committee of both houses, or, when any of the foregoing committees is authorized to create subcommittees, a subcommittee. (Enacted by Stats. 1943, Ch. 134.)
  34. 9401.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Certain legislative officers may issue a subpoena for a witness’s attendance, but only after getting permission from the relevant house’s 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 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9401. A subpoena requiring the attendance of any witness before the Senate, Assembly, or a committee may be issued by the President of the Senate, Speaker of the Assembly, or the chairman of any committee before whom the attendance of the witness is desired if permission has been secured from the Rules Committee of the respective house. (Amended by Stats. 1984, Ch. 1672, Sec. 1.)
  35. 9402.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A subpoena is sufficient only if it identifies the proceeding, names the witness, requires attendance at a specific time and place, and is signed by the proper Senate, Assembly, or committee official.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9402. A subpoena is sufficient if it: (a) States whether the proceeding is before the Senate, Assembly, or a committee. (b) Is addressed to the witness. (c) Requires the attendance of the witness at a time and place certain. (d) Is signed by the President of the Senate, Speaker of the Assembly, or chairman of the committee before whom attendance of the witness is desired. (Amended by Stats. 2014, Ch. 71, Sec. 68. (SB 1304) Effective January 1, 2015.)
  36. 9403.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A subpoena may be served by any person who is over 18 years old.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9403. The service of a subpena may be made by any person over 18 years of age. (Enacted by Stats. 1943, Ch. 134.)
  37. 9404.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Committee members may administer oaths to witnesses, and the committee chairman may designate other authorized oath-administering persons to do the same.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9404. (a) The members of any committee may administer oaths to witnesses in any matter under examination. (b) Anyone authorized to administer oaths who is designated by the chairman of a committee may administer oaths to witnesses. (Amended by Stats. 1973, Ch. 575.)
  38. 9405.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A witness who ignores a subpoena, refuses to testify after appearing, or fails to produce requested material books, papers, or documents may be treated as in contempt.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9405. If any witness neglects or refuses to obey a subpena, or appearing, neglects or refuses to testify, or to produce upon reasonable notice any material and proper books, papers or documents in his possession or under his control, he has committed a contempt. (Enacted by Stats. 1943, Ch. 134.)
  39. 9406.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If contempt happens before the Senate or Assembly, that body may commit the person for contempt by a resolution entered in its journal.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9406. If the contempt is committed before the Senate or Assembly, the Senate or Assembly may commit him for contempt by resolution entered on the Senate or Assembly Journal, as the case may be. (Enacted by Stats. 1943, Ch. 134.)
  40. 9407.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If contempt occurs before a committee during a legislative session, the committee must report it to 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 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9407. If the contempt is committed before a committee during the session of the Legislature, the committee shall report the contempt to the Senate or Assembly, as the case may be, for such action as may be deemed necessary by the Senate or Assembly. (Enacted by Stats. 1943, Ch. 134.)
  41. 9408.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If contempt happens before a legislative committee while the Legislature is not in session, a superior court may compel the witness to appear, testify, and produce specified records after the committee files a petition.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9408. If the contempt is committed before a committee when the Legislature is not in session, the superior court in and for the county in which any inquiry, investigation, hearing or proceeding may be held by the committee may compel the attendance of the witness, the giving of testimony, and the production of books, papers, documents and accounts, as required by the subpena issued by the committee, on the filing by the committee of a petition to the court asking that the witness be so compelled. (Enacted by Stats. 1943, Ch. 134.)
  42. 9409.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A witness who ignores or refuses a subpoena may be arrested by the Sergeant-at-Arms and taken before the Senate, Assembly, or 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 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9409. Any witness neglecting or refusing to attend in obedience to subpena may be arrested by the Sergeant-at-Arms and brought before the Senate, Assembly or committee, as the case may be. The only warrant or authority necessary authorizing the arrest is a copy of a resolution of the Senate, the Assembly or committee signed by the President of the Senate, Speaker of the Assembly or chairman of the committee, as the case may be, and countersigned by the Secretary of the Senate, the Chief Clerk of the Assembly or a majority of the members of the committee, as the case may be. (Enacted by Stats. 1943, Ch. 134.)
  43. 9409.5.

    ## 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 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A witness cannot refuse to testify or produce papers before the Senate, Assembly, or a committee just because doing so might disgrace them or make them infamous.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9409.5. No witness is privileged to refuse to testify to any fact, or to produce any paper, respecting which he or she shall be examined by the Senate, Assembly, or a committee, upon the ground that the testimony to the fact or the production of the paper may tend to disgrace the witness or otherwise render the witness infamous. (Added by Stats. 1984, Ch. 1672, Sec. 1.5.)
  44. 9410.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A witness who is directed to answer or produce documents by the Senate, Assembly, or a committee may not refuse on self-incrimination grounds; compelled testimony and documents get immunity from criminal use, with an exception for perjury or contempt.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9410. (a) If, in response to a question posed, or a command to produce documents or other materials issued, by the Senate, the Assembly, or a committee, a witness asserts his or her privilege against self-incrimination, and the person presiding over the proceeding directs the witness that, notwithstanding that assertion of privilege, he or she is required to answer the question or produce the documents or other materials, the witness may not refuse to testify or produce the documents or other materials on the basis of his or her privilege against self-incrimination. However, if a witness is compelled to testify or produce documents or other materials notwithstanding his or her assertion of the privilege against self-incrimination, as described in this subdivision, both of the following shall apply: (1) The witness may not be held to answer criminally or be subject criminally to any penalty or forfeiture for any fact or act touching upon either testimony that he or she was so compelled to provide, or documents or other materials that he or she was so compelled to produce. (2) Any testimony or documents or other materials that the witness is so compelled to provide shall not be competent evidence in any criminal proceeding against the witness except in a prosecution for perjury or contempt. (b) In the case of a subpoena that requires a witness to produce documents or other materials but does not require the witness to personally appear, the witness under subpoena may assert his or her privilege against self-incrimination only by communicating an assertion of the privilege to the President pro Tempore of the Senate, if the subpoena was issued by the Senate, the Speaker of the Assembly, if the subpoena was issued by the Assembly, or the chair of the committee, if the subpoena was issued by a committee. The Senate, the Assembly, or committee, as the case may be, may compel the witness to produce the documents or materials notwithstanding the privilege against self-incrimination as to those documents or other materials only by (1) issuing a subsequent subpoena calling for the witness to personally appear, (2) upon that appearance, asking the witness whether he or she continues to assert the privilege, and, if so, (3) directing the witness that, notwithstanding that assertion of privilege, he or she is required to produce the documents or other materials called for by the subpoena as to which that assertion of privilege was made. (c) Immunity is conferred upon a witness pursuant to this chapter only if the witness is compelled, as specified by this section, to testify or produce documents or other materials notwithstanding the assertion of the constitutional privilege against self-incrimination. (Amended by Stats. 2003, Ch. 195, Sec. 1. Effective January 1, 2004.)
  45. 9411.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    State departments and related bodies must discharge a person who committed contempt before a committee, and they may not later hire or pay that person for services. The committee must read the section to a refusing person and certify the refusal to the State Personnel Board and State Controller.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9411. Every State department, office, board, commission or bureau, including The Regents of the University of California, shall discharge any person who commits a contempt before any committee. Such person shall receive no compensation from the State or any agency thereof for services rendered after the date of such refusal. No State department, office, board, commission or bureau, including The Regents of the University of California, shall ever employ or compensate for services any person who has at any time prior to the proposed employment or compensation committed a contempt before any committee. The committee shall read this section to the person so refusing, and shall certify the refusal to the State Personnel Board and to the State Controller. Upon receipt of such certificate, the State Personnel Board shall immediately notify every State department, office, board, commission or bureau, including The Regents of the University of California, by whom such person is or has at any time been employed. (Enacted by Stats. 1943, Ch. 134.)
  46. 9412.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person summoned as a witness before the Senate, Assembly, or a committee must attend, and a person present must be sworn, answer proper questions, and produce requested material documents on reasonable notice, unless there is a lawful excuse.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9412. Every person who, being summoned to attend as witness before the Senate, Assembly, or any committee, refuses or neglects, without lawful excuse, to attend pursuant to such summons, and every person who, being present before the Senate, Assembly, or any committee, wilfully refuses to be sworn, to answer any material and proper question, or to produce, upon reasonable notice, any material and proper books, papers, or documents in his possession or under his control is guilty of a misdemeanor. Every member of the Legislature convicted of a misdemeanor under this section, in addition to the punishment prescribed, forfeits his office and is forever disqualified from holding any office in the State. (Enacted by Stats. 1943, Ch. 134.)
  47. 9414.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section makes it a misdemeanor to coerce, threaten, or harass people because they are or may become witnesses before a 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 4. Witnesses [9400 - 9414] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## 9414. (a) Any person who does any of the following is guilty of a misdemeanor: (1) Coerces or attempts to coerce any person not to appear as a witness before any committee. (2) Deprives, attempts to deprive, or threatens to deprive any other person, or requests any employer to deprive any employee, of lawful employment, when such deprivation, attempt, threat, or request is motivated by the fact that the other person or employee is, was, or may become a witness before a committee. (b) Any employer or person acting on behalf of an employer who, directly or indirectly, harasses any person employed by that employer, when the harassment is motivated by the fact that the employee is, was, or may be a witness before a committee, is guilty of a misdemeanor. (c) This section shall not be construed to prevent any employer from discharging an employee for cause nor shall it be construed to prevent a labor union or an agent thereof from requesting the dismissal of an employee when the request is motivated by a cause other than that specified herein. (Amended by Stats. 1988, Ch. 1512, Sec. 1.)
  48. 942.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. Construction [942 - 944] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A claimant keeps the right to use mandamus or another proceeding to compel payment of an allowed claim.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. Construction [942 - 944] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 942. Nothing in this division shall be construed to deprive a claimant of the right to resort to writ of mandate or other proceeding against the public entity or the board or any employee of the public entity to compel payment of a claim when and to the extent that it has been allowed and is required by this division to be paid. (Amended by Stats. 1980, Ch. 215.)
  49. 943.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. Construction [942 - 944] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This section excludes certain claims and actions involving the Regents of the University of California and related employment-based claims against current or former Regents employees.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. Construction [942 - 944] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 943. This part does not apply to claims or actions against the Regents of the University of California nor to claims or actions against an employee or former employee of the Regents of the University of California arising out of such employment. (Amended by Stats. 1965, Ch. 653.)
  50. 944.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. Construction [942 - 944] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. General [940 - 944] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## ARTICLE 2. Construction [942 - 944] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 944. Nothing in this part imposes liability upon a public entity unless such liability otherwise exists. (Added by Stats. 1963, Ch. 1715.)
  51. 945.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A public entity may sue and be sued.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## 945. A public entity may sue and be sued. (Added by Stats. 1963, Ch. 1715.)
  52. 945.2.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Civil action practice rules generally apply to cases brought against public entities, unless another law provides otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## 945.2. Except as otherwise provided by law, the rules of practice in civil actions apply to actions brought against public entities. (Added by Stats. 1963, Ch. 1715.)
  53. 945.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A person charged with a criminal offense cannot sue a peace officer or the officer’s public employer for money or damages based on conduct related to that offense while the charges are pending in superior court.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## 945.3. No person charged by indictment, information, complaint, or other accusatory pleading charging a criminal offense may bring a civil action for money or damages against a peace officer or the public entity employing a peace officer based upon conduct of the peace officer relating to the offense for which the accused is charged, including an act or omission in investigating or reporting the offense or arresting or detaining the accused, while the charges against the accused are pending before a superior court. Any applicable statute of limitations for filing and prosecuting these actions shall be tolled during the period that the charges are pending before a superior court. For the purposes of this section, charges pending before a superior court do not include appeals or criminal proceedings diverted pursuant to Chapter 2.5 (commencing with Section 1000), Chapter 2.6 (commencing with Section 1000.6), Chapter 2.7 (commencing with Section 1001), Chapter 2.8 (commencing with Section 1001.20), or Chapter 2.9 (commencing with Section 1001.50) of Title 6 of Part 2 of the Penal Code. Nothing in this section shall prohibit the filing of a claim with the board of a public entity, and this section shall not extend the time within which a claim is required to be presented pursuant to Section 911.2. (Amended by Stats. 2002, Ch. 784, Sec. 121. Effective January 1, 2003.)
  54. 945.4.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A suit for money or damages against a public entity is barred until a required written claim has been presented and acted on or deemed rejected, except as provided in Sections 946.4 and 946.6.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## 945.4. Except as provided in Sections 946.4 and 946.6, no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division until a written claim therefor has been presented to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board, in accordance with Chapters 1 and 2 of Part 3 of this division. (Amended by Stats. 1965, Ch. 653.)
  55. 945.6.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Suits against a public entity must be filed within the stated deadline, and a person in state prison must first present a claim and may receive a limited extension after civil rights are restored.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## 945.6. (a) Except as provided in Sections 946.4 and 946.6 and subject to subdivision (b), any suit brought against a public entity on a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division must be commenced: (1) If written notice is given in accordance with Section 913, not later than six months after the date such notice is personally delivered or deposited in the mail. (2) If written notice is not given in accordance with Section 913, within two years from the accrual of the cause of action. If the period within which the public entity is required to act is extended pursuant to subdivision (b) of Section 912.4, the period of such extension is not part of the time limited for the commencement of the action under this paragraph. (b) When a person is unable to commence a suit on a cause of action described in subdivision (a) within the time prescribed in that subdivision because he has been sentenced to imprisonment in a state prison, the time limit for the commencement of such suit is extended to six months after the date that the civil right to commence such action is restored to such person, except that the time shall not be extended if the public entity establishes that the plaintiff failed to make a reasonable effort to commence the suit, or to obtain a restoration of his civil right to do so, before the expiration of the time prescribed in subdivision (a). (c) A person sentenced to imprisonment in a state prison may not commence a suit on a cause of action described in subdivision (a) unless he presented a claim in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division. (Amended by Stats. 1971, Ch. 438.)
  56. 945.8.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    If no claim presentation is required under the cited chapters, an action against a public entity must be filed within the same limitation period that would apply against a private defendant, unless another statute of limitations specifically applies or Sections 930.6 or 935 apply.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## 945.8. Except where a different statute of limitations is specifically applicable to the public entity, and except as provided in Sections 930.6 and 935, any action against a public entity upon a cause of action for which a claim is not required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division must be commenced within the time prescribed by the statute of limitations that would be applicable if the action were brought against a defendant other than a public entity. (Amended by Stats. 1965, Ch. 653.)
  57. 945.9.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Claims arising from certain sexual assaults by law enforcement officers are exempt from government claim presentation requirements, and some time-barred claims are revived if filed within specified time limits.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## 945.9. (a) A claim arising out of an alleged sexual assault by a law enforcement officer if the alleged assault occurred while the officer was employed by a law enforcement agency is exempted from all state and local government claim presentation requirements. (b) Notwithstanding any other law, the time for commencement of a claim seeking to recover damages arising out of an alleged sexual assault by a law enforcement officer, if the alleged sexual assault occurred on or after the plaintiff’s 18th birthday and while the officer was employed by a law enforcement agency, shall be the later of either of the following dates: (1) Within 10 years after the date of judgment against a law enforcement officer in a criminal case for a crime of sexual assault or a judgment against a law enforcement officer for a different crime if a crime of sexual assault was alleged and the crime for which there was a judgment against a law enforcement officer arose out of the same set of operative facts as the allegation of sexual assault in the present claim. (2) Within 10 years after the law enforcement officer is no longer employed by the law enforcement agency that employed the officer when the alleged sexual assault occurred. (c) Notwithstanding subdivision (b), a claim seeking to recover damages arising out of an alleged sexual assault by a law enforcement officer, if the alleged sexual assault occurred on or after the plaintiff’s 18th birthday and while the officer was employed by a law enforcement agency, that has not been litigated to finality or compromised by an executed written settlement agreement and that would otherwise be barred because the applicable statute of limitations, any state or local government claim presentation deadline, or any other applicable time limit has expired, is hereby revived and may be commenced if filed within either of the following periods of time: (1) Ten years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. (2) Three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. (d) As used in this section, “sexual assault” means any of the crimes described in Section 243.4, 261, 262, 264.1, 286, 287, or 289, or former Section 288a, of the Penal Code, assault with the intent to commit any of those crimes, or an attempt to commit any of those crimes. (Added by Stats. 2021, Ch. 595, Sec. 1. (AB 1455) Effective January 1, 2022.)
  58. 946.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    If a required claim is presented and the board acts on it, a claimant who accepts an allowed amount may be barred from suing on the covered cause of action or covered part of 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## 946. Where a claim that is required to be presented to a public entity in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division is so presented and action thereon is taken by the board: (a) If the claim is allowed in full and the claimant accepts the amount allowed, no suit may be maintained on any part of the cause of action to which the claim relates. (b) If the claim is allowed in part and the claimant accepts the amount allowed, no suit may be maintained on that part of the cause of action which is represented by the allowed portion of the claim. (c) If the claim is allowed in part, no suit may be maintained on any portion of the cause of action where, pursuant to a requirement of the board to such effect, the claimant has accepted the amount allowed in settlement of the entire claim. (Added by Stats. 1963, Ch. 1715.)
  59. 946.4.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This section says failure to present a claim is not a bar or defense to suit against a public agency in specified situations, and the public agency bears the burden of proof on related factual questions.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## 946.4. (a) Where provision is made by or pursuant to law that no suit may be brought against a public agency as defined in Section 53050 unless and until a claim is presented to the agency, the failure to present a claim does not constitute a bar or defense to the maintenance of a suit against the public agency if, during the 70 days immediately following the accrual of the cause of action, either of the following apply: (1) No statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, as required by Section 53051. (2) A statement or amended statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, but the information contained therein is so inaccurate or incomplete that it does not substantially conform to the requirements of Section 53051. (b) On any question of fact arising within the scope of paragraphs (1) and (2) of subdivision (a), the burden of proof is upon the public agency. (c) This section is inapplicable where the presentation of a claim is required by a claims procedure established by agreement made pursuant to Section 930.2 unless the procedure so prescribed requires that the claim be presented to the governing body of the public agency or to a person listed in Section 53051. (Amended by Stats. 2019, Ch. 329, Sec. 3. (SB 780) Effective January 1, 2020.)
  60. 946.6.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. )

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    This section lets a petitioner ask the court for relief from Section 945.4 after a claim-application denial, and it sets filing, service, transfer, and court-review requirements.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## 946.6. (a) If an application for leave to present a claim is denied or deemed to be denied pursuant to Section 911.6, a petition may be made to the court for an order relieving the petitioner from Section 945.4. The proper court for filing the petition is a superior court that would be a proper court for the trial of an action on the cause of action to which the claim relates. If the petition is filed in a court which is not a proper court for the determination of the matter, the court, on motion of any party, shall transfer the proceeding to a proper court. If an action on the cause of action to which the claim relates would be a limited civil case, a proceeding pursuant to this section is a limited civil case. (b) The petition shall show each of the following: (1) That application was made to the board under Section 911.4 and was denied or deemed denied. (2) The reason for failure to present the claim within the time limit specified in Section 911.2. (3) The information required by Section 910. The petition shall be filed within six months after the application to the board is denied or deemed to be denied pursuant to Section 911.6. (c) The court shall relieve the petitioner from the requirements of Section 945.4 if the court finds that the application to the board under Section 911.4 was made within a reasonable time not to exceed that specified in subdivision (b) of Section 911.4 and was denied or deemed denied pursuant to Section 911.6 and that one or more of the following is applicable: (1) The failure to present the claim was through mistake, inadvertence, surprise, or excusable neglect unless the public entity establishes that it would be prejudiced in the defense of the claim if the court relieves the petitioner from the requirements of Section 945.4. (2) The person who sustained the alleged injury, damage, or loss was a minor during all of the time specified in Section 911.2 for the presentation of the claim. (3) The person who sustained the alleged injury, damage, or loss was a minor during any of the time specified in Section 911.2 for the presentation of the claim, provided the application is presented within six months of the person turning 18 years of age or a year after the claim accrues, whichever occurs first. (4) The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during all of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time. (5) The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during any of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time, provided the application is presented within six months of the person no longer being physically or mentally incapacitated, or a year after the claim accrues, whichever occurs first. (6) The person who sustained the alleged injury, damage, or loss died before the expiration of the time specified in Section 911.2 for the presentation of the claim. (d) A copy of the petition and a written notice of the time and place of hearing shall be served before the hearing as prescribed by subdivision (b) of Section 1005 of the Code of Civil Procedure on (1) the clerk or secretary or board of the local public entity, if the respondent is a local public entity, or (2) the Attorney General, if the respondent is the state. If the petition involves a claim arising out of alleged actions or inactions of the Department of Transportation, service of the petition and notice of the hearing shall be made on the Attorney General or the Director of Transportation. Service on the Attorney General may be accomplished at any of the Attorney General’s offices in Los Angeles, Sacramento, San Diego, or San Francisco. Service on the Director of Transportation may be accomplished only at the Department of Transportation’s headquarters office in Sacramento. If the petition involves a claim arising out of alleged actions or inactions of a judicial branch entity, service of the petition and notice of the hearing shall be made in accordance with the following: (1) If the petition involves a claim arising out of alleged actions or inactions of a superior court or a judge, court executive officer, or trial court employee, as defined in Section 811.9, of the court, service shall be made on the court executive officer. (2) If the petition involves a claim arising out of alleged actions or inactions of a court of appeal or a judge thereof, service shall be made on the Clerk/Executive Officer of the Court of Appeal. (3) If the petition involves a claim arising out of alleged actions or inactions of the Supreme Court or a judge thereof, service shall be made on the Clerk/Executive Officer of the Supreme Court. (4) If the petition involves a claim arising out of alleged actions or inactions of the Judicial Council or the Administrative Office of the Courts, service shall be made on the Administrative Director of the Judicial Council. (e) The court shall make an independent determination upon the petition. The determination shall be made upon the basis of the petition, any affidavits in support of or in opposition to the petition, and any additional evidence received at the hearing on the petition. (f) If the court makes an order relieving the petitioner from Section 945.4, suit on the cause of action to which the claim relates shall be filed with the court within 30 days thereafter. (Amended by Stats. 2021, Ch. 218, Sec. 2. (SB 501) Effective January 1, 2022.)
  61. 948.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. )

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    This section lets a state agency head settle, adjust, or compromise a pending action when required recommendations and funding certifications or approvals are in place.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## 948. (a) The head of the state agency concerned, upon recommendation of the Attorney General or other attorney authorized to represent the state, may settle, adjust, or compromise any pending action where the Director of Finance certifies that a sufficient appropriation for the payment of claims exists. Claims arising out of the activities of the State Department of Transportation may be paid if either the Director of Transportation or the Director of Finance certifies that a sufficient appropriation for the payment of the claim exists. (b) If no funds or insufficient funds for the payment exist, the head of the state agency concerned, upon recommendation of the Attorney General or other attorney authorized to represent the state, may settle, adjust or compromise any pending action with the approval of the Department of Finance. (c) As used in this section, “state agency” means any office, officer, department, division, bureau, board, commission or agency of the state claims against which are paid by warrants drawn by the Controller, but does not mean any “judicial branch entity” as defined in Section 940.3 or any judge thereof. (Amended by Stats. 2002, Ch. 1007, Sec. 13. Effective January 1, 2003.)
  62. 948.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The Judicial Council may settle, adjust, or compromise pending actions tied to judicial branch entities or judges, and may adopt court rules letting specified committees or employees carry out its functions under this section.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## 948.1. The Judicial Council may settle, adjust, or compromise any pending action arising out of the activities of a judicial branch entity or judge thereof. The Judicial Council may adopt rules of court authorizing 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 section. (Added by Stats. 2002, Ch. 1007, Sec. 14. Effective January 1, 2003.)
  63. 949.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. )

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    A local public entity’s governing body may compromise any pending action, or delegate that authority to its attorney or an employee.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Actions Against Public Entities [945 - 949] ( Chapter 2 added by Stats. 1963, Ch. 1715. ) ## 949. The governing body of a local public entity may compromise, or may delegate the authority to its attorney or an employee to compromise, any pending action. (Added by Stats. 1963, Ch. 1715.)
  64. 950.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 3. Actions Against Public Employees [950 - 951] ( Chapter 3 added by Stats. 1963, Ch. 1715. )

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    Except as otherwise provided in this chapter, a claim does not have to be presented before suing a public employee or former public employee for injury caused by an act or omission within the scope of employment.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 3. Actions Against Public Employees [950 - 951] ( Chapter 3 added by Stats. 1963, Ch. 1715. ) ## 950. Except as otherwise provided in this chapter, a claim need not be presented as a prerequisite to the maintenance of an action against a public employee or former public employee for injury resulting from an act or omission in the scope of his employment as a public employee. (Added by Stats. 1963, Ch. 1715.)
  65. 950.2.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 3. Actions Against Public Employees [950 - 951] ( Chapter 3 added by Stats. 1963, Ch. 1715. )

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    A lawsuit against a public employee or former public employee for injury from an act or omission within the scope of employment is barred if the related claim against the public entity is barred, except as provided in Section 950.4.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 3. Actions Against Public Employees [950 - 951] ( Chapter 3 added by Stats. 1963, Ch. 1715. ) ## 950.2. Except as provided in Section 950.4, a cause of action against a public employee or former public employee for injury resulting from an act or omission in the scope of his employment as a public employee is barred if an action against the employing public entity for such injury is barred under Part 3 (commencing with Section 900) of this division or under Chapter 2 (commencing with Section 945) of Part 4 of this division. This section is applicable even though the public entity is immune from liability for the injury. (Amended by Stats. 1965, Ch. 653.)
  66. 950.4.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 3. Actions Against Public Employees [950 - 951] ( Chapter 3 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A lawsuit against a public employee or former public employee is not barred by Section 950.2 if the plaintiff proves they did not know, and had no reason to know, within the claim-presentation period, that the injury was caused by the public entity or its employee.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 3. Actions Against Public Employees [950 - 951] ( Chapter 3 added by Stats. 1963, Ch. 1715. ) ## 950.4. A cause of action against a public employee or former public employee is not barred by Section 950.2 if the plaintiff pleads and proves that he did not know or have reason to know, within the period for the presentation of a claim to the employing public entity as a condition to maintaining an action for such injury against the employing public entity, as that period is prescribed by Section 911.2 or by such other claims procedure as may be applicable, that the injury was caused by an act or omission of the public entity or by an act or omission of an employee of the public entity in the scope of his employment as a public employee. (Amended by Stats. 1965, Ch. 653.)
  67. 950.6.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 3. Actions Against Public Employees [950 - 951] ( Chapter 3 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A lawsuit against a public employee or former public employee for injury generally cannot proceed until the related claim has been rejected, and it must be filed within the Section 945.6 deadline.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 3. Actions Against Public Employees [950 - 951] ( Chapter 3 added by Stats. 1963, Ch. 1715. ) ## 950.6. When a written claim for money or damages for injury has been presented to the employing public entity: (a) A cause of action for such injury may not be maintained against the public employee or former public employee whose act or omission caused such injury until the claim has been rejected, or has been deemed to have been rejected, in whole or in part by the public entity. (b) A suit against the public employee or former public employee for such injury must be commenced within the time prescribed by Section 945.6 for bringing an action against the public entity. (c) When a person is unable to commence the suit within the time prescribed in subdivision (b) because he has been sentenced to imprisonment in a state prison, the time limited for the commencement of such suit is extended to six months after the date that the civil right to commence such action is restored to such person, except that the time shall not be extended if the public employee or former public employee establishes that the plaintiff failed to make a reasonable effort to commence the suit, or to obtain a restoration of his civil right to do so, before the expiration of the time prescribed in subdivision (b). (Amended by Stats. 1970, Ch. 104.)
  68. 950.8.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 3. Actions Against Public Employees [950 - 951] ( Chapter 3 added by Stats. 1963, Ch. 1715. )

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    A local public entity cannot validly require a claim to be presented before someone can sue a public employee for personal liability.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 3. Actions Against Public Employees [950 - 951] ( Chapter 3 added by Stats. 1963, Ch. 1715. ) ## 950.8. Any provision of a charter, ordinance or regulation heretofore or hereafter adopted by a local public entity which requires the presentation of a claim as a prerequisite to the maintenance of an action against a public employee to enforce his personal liability is invalid. (Added by Stats. 1963, Ch. 1715.)
  69. 95001.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 1. General Provisions [95000 - 95004] ( Chapter 1 added by Stats. 1993, Ch. 945, Sec. 2. )

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    This section states the Legislature’s findings and intent for early intervention services for infants and toddlers with disabilities or at risk of disabilities.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 1. General Provisions [95000 - 95004] ( Chapter 1 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95001. (a) The Legislature hereby finds and declares all of the following: (1) There is a need to provide appropriate early intervention services individually designed for infants and toddlers from birth to two years of age, inclusive, who have disabilities or are at risk of having disabilities, to enhance their development and to minimize the potential for developmental delays. (2) Early intervention services for infants and toddlers with disabilities or who are at risk of having disabilities represent an investment of resources, in that these services reduce the ultimate costs to our society, by minimizing the need for special education and related services in later school years and by minimizing the likelihood of institutionalization. These services also maximize the ability of families to better provide for the special needs of their children. Early intervention services for infants and toddlers with disabilities maximize the potential of the individuals to be effective in the context of daily life and activities, including the potential to live independently, and exercise the full rights of citizenship. The earlier intervention is started, the greater is the ultimate cost-effectiveness and the higher is the educational attainment and quality of life achieved by children with disabilities. (3) The family is the constant in the child’s life, while the service system and personnel within those systems fluctuate. Because the primary responsibility of an infant’s or toddler’s well-being rests with the family, services should support and enhance the family’s capability to meet the special developmental needs of their infant or toddler with disabilities. (4) Family-to-family support strengthens families’ ability to fully participate in services planning and their capacity to care for their infants or toddlers with disabilities. (5) Meeting the complex needs of infants with disabilities and their families requires active state and local coordinated, collaborative, and accessible service delivery systems that are flexible, culturally competent, and responsive to family-identified needs. When health, developmental, educational, and social programs are coordinated, they are proven to be cost effective, not only for systems, but for families as well. (6) Family-professional collaboration contributes to changing the ways that early intervention services are provided and to enhancing their effectiveness. (7) Infants and toddlers with disabilities are a part of their communities, and as citizens make valuable contributions to society as a whole. (b) Therefore, it is the intent of the Legislature that: (1) Funding provided under Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) be used to improve and enhance early intervention services as defined in this title by developing innovative ways of providing family focused, coordinated services, which are built upon existing systems. (2) The State Department of Developmental Services, the State Department of Education, the State Department of Health Care Services, and the State Department of Social Services coordinate services to infants and toddlers with disabilities and their families. These agencies need to collaborate with families and communities to provide a family-centered, comprehensive, multidisciplinary, interagency, community-based, early intervention system for infants and toddlers with disabilities. (3) Families be well informed, supported, and respected as capable and collaborative decisionmakers regarding services for their child. (4) Professionals be supported to enhance their training and maintain a high level of expertise in their field, as well as knowledge of what constitutes most effective early intervention practices. (5) Families and professionals join in collaborative partnerships to develop early intervention services that meet the needs of infants and toddlers with disabilities, and that those partnerships be the basis for the development of services that meet the needs of the culturally and linguistically diverse population of California. (6) To the maximum extent possible, infants and toddlers with disabilities and their families be provided services in the most natural environment, and include the use of natural supports and existing community resources. (7) The services delivery system be responsive to the families and children it serves within the context of cooperation and coordination among the various agencies. (8) Early intervention program quality be ensured and maintained through established early intervention program and personnel standards. (9) The early intervention system be responsive to public input and participation in the development of implementation policies and procedures for early intervention services through the forum of an interagency coordinating council established pursuant to federal regulations under Part C of the federal Individuals with Disabilities Education Act. (c) It is not the intent of the Legislature to require the State Department of Education to implement this title unless adequate reimbursement, as specified and agreed to by the department, is provided to the department from federal funds from Part C of the federal Individuals with Disabilities Education Act. (Amended by Stats. 2013, Ch. 22, Sec. 10. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22. Repealed conditionally as prescribed in Section 95003.)
  70. 95001.5.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 1. General Provisions [95000 - 95004] ( Chapter 1 added by Stats. 1993, Ch. 945, Sec. 2. )

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    A council member must not vote on matters that would give that member a direct financial benefit or create the appearance of a conflict of interest.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 1. General Provisions [95000 - 95004] ( Chapter 1 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95001.5. In order to prevent any potential conflict of interest and pursuant to Section 303.604 of Title 34 of the Code of Federal Regulations, no member of the interagency coordinating council may cast a vote on any matter that would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest. (Added by Stats. 1997, Ch. 294, Sec. 2. Effective August 18, 1997. Repealed conditionally as prescribed in Section 95003.)
  71. 95006.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 2. Administration [95006 - 95009] ( Chapter 2 added by Stats. 1993, Ch. 945, Sec. 2. )

    Verify source ↗

    This section assigns shared administration of the title to two state officials and directs developmental services to conduct statewide early intervention planning and monitoring with education officials and an interagency council.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 2. Administration [95006 - 95009] ( Chapter 2 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95006. This title shall be administered under the shared direction of the Secretary of the Health and Human Services Agency and the Superintendent of Public Instruction. The planning, development, implementation, and monitoring of the statewide system of early intervention services shall be conducted by the State Department of Developmental Services in collaboration with the State Department of Education with the advice and assistance of an interagency coordinating council established pursuant to federal regulations. (Amended by Stats. 2007, Ch. 56, Sec. 107. Effective January 1, 2008. Repealed conditionally as prescribed in Section 95003.)
  72. 95007.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 2. Administration [95006 - 95009] ( Chapter 2 added by Stats. 1993, Ch. 945, Sec. 2. )

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    The State Department of Developmental Services is the lead agency for the statewide early intervention system and must carry out listed administration, coordination, monitoring, complaint, and safeguard duties.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 2. Administration [95006 - 95009] ( Chapter 2 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95007. The State Department of Developmental Services shall serve as the lead agency responsible for administration and coordination of the statewide system. The specific duties and responsibilities of the State Department of Developmental Services shall include, but are not limited to, all of the following: (a) Establishing a single point of contact with the federal Office of Special Education Programs for the administration of Part C of the federal Individuals with Disabilities Education Act. (b) Administering the state early intervention system in accordance with Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.), applicable regulations, and an approved state application. (c) Administering mandatory and discretionary components as specified in Sections 95022 and 95024. (d) Administering fiscal arrangements and interagency agreements with participating agencies and community-based organizations to implement this title. (e) (1) Establishing interagency procedures, including the designation of local coordinating structures, as are necessary to share agency information and to coordinate policymaking activities. In developing these procedures, efforts shall be made to schedule meetings with, and engage parents and legal guardians in, transition-related activities. (2) Require each regional center to designate a main point of contact for coordinating and completing, with other agencies and persons, the transition of a child and family from Part C to Part B of the federal Individuals with Disabilities Education Act, including establishing practices to educate and support families during transition. (f) Adopting written procedures for receiving and resolving complaints regarding violations of Part C of the federal Individuals with Disabilities Education Act by public agencies covered under this title, as specified in Section 1435(a)(10) of Title 20 of the United States Code and appropriate federal regulations. (g) Establishing, adopting, and implementing procedural safeguards that comply with the requirements of Part C of the federal Individuals with Disabilities Education Act, as specified in Section 1439 of Title 20 of the United States Code and appropriate federal regulations. (h) (1) Monitoring of agencies, institutions, and organizations receiving assistance under this title. (2) Monitoring shall be conducted by interagency teams that are sufficiently trained to ensure compliance. Interagency teams shall consist of, but not be limited to, representatives from the State Department of Developmental Services, the State Department of Education, the interagency coordinating council, or a local family resource center or network, parent, direct service provider, or any other agency responsible for providing early intervention services. (3) All members of an interagency team shall have access to all information that is subject to review. Members of each interagency team shall maintain the confidentiality of the information, and each member of the interagency team shall sign a written agreement of confidentiality. (4) A summary of monitoring issues and findings shall be forwarded biannually to the interagency coordinating council for review. (i) Establishing innovative approaches to information distribution, family support services, and interagency coordination at the local level. This shall include the posting of information for parents specific to transition requirements along with other parent training opportunities on the lead agency’s internet website, the regional centers’ websites, and other appropriate internet websites. (j) Ensuring the provision of appropriate early intervention services to all infants eligible under Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) and under Section 95014, except for those infants who have solely a low incidence disability as defined in Section 56026.5 of the Education Code and who are not eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). The development and implementation of subdivisions (e) to (h), inclusive, shall be a collaborative effort between the State Department of Developmental Services and the State Department of Education. In establishing the written procedures for receiving and resolving complaints as specified in subdivision (f) and in establishing and implementing procedural safeguards as specified in subdivision (g), it is the intent of the Legislature that these procedures be identical for all infants served under this act and shall be in accordance with Sections 303.400 and 303.420(b) of Title 34 of the Code of Federal Regulations. The procedural safeguards and due process requirements established under this title shall replace and be used in lieu of due process procedures contained in Chapter 1 (commencing with Section 4500) of Division 4.5 of the Welfare and Institutions Code and Part 30 (commencing with Section 56500) of the Education Code for infants and their families eligible under this title. (Amended by Stats. 2022, Ch. 49, Sec. 2. (SB 188) Effective June 30, 2022. Repealed conditionally as prescribed in Section 95003.)
  73. 95008.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 2. Administration [95006 - 95009] ( Chapter 2 added by Stats. 1993, Ch. 945, Sec. 2. )

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    The State Department of Education must administer certain early intervention services and programs, and it must require each local educational agency to name a main contact for transition coordination.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 2. Administration [95006 - 95009] ( Chapter 2 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95008. (a) The State Department of Education shall be responsible for administering services and programs for infants with solely visual, hearing, and severe orthopedic impairments, and any combination thereof, who meet the criteria in Sections 56026 and 56026.5 of the Education Code, and in Section 3030(a), (b), (d), or (e) of, and Section 3031 of, Title 5 of the California Code of Regulations and Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) and who are not eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). (b) The State Department of Education shall require each local educational agency to designate a main point of contact for coordinating and completing, with other agencies and persons, the transition of a child and family from Part C to Part B of the federal Individuals with Disabilities Education Act, including establishing practices to educate and support families during transition. (Amended by Stats. 2022, Ch. 49, Sec. 3. (SB 188) Effective June 30, 2022. Repealed conditionally as prescribed in Section 95003.)
  74. 95009.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 2. Administration [95006 - 95009] ( Chapter 2 added by Stats. 1993, Ch. 945, Sec. 2. )

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    Two state departments must jointly develop and agree on regulations for this title, and the regulations must be developed and approved by October 1, 1995.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 2. Administration [95006 - 95009] ( Chapter 2 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95009. The development of joint regulations for meeting the requirements of this title shall be the shared responsibility of the State Department of Developmental Services on behalf of the Secretary of the Health and Welfare Agency, and the State Department of Education on behalf of the Superintendent of Public Instruction. The joint regulations shall be agreed upon by both departments. These regulations shall be developed and approved by October 1, 1995. The Department of Finance shall review and comment upon the joint regulations prior to any public hearing on them. (Added by Stats. 1993, Ch. 945, Sec. 2. Effective October 8, 1993. Repealed conditionally as prescribed in Section 95003.)
  75. 95012.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 3. State Interagency Coordination [95012- 95012.] ( Chapter 3 added by Stats. 1993, Ch. 945, Sec. 2. )

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    Specified departments must coordinate early intervention services and enter, review, and revise interagency agreements with the Department of Developmental Services.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 3. State Interagency Coordination [95012- 95012.] ( Chapter 3 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95012. (a) The following departments shall cooperate and coordinate their early intervention services for eligible infants and their families under this title, and need to collaborate with families and communities, to provide a family-centered, comprehensive, multidisciplinary, interagency, community-based early intervention system: (1) State Department of Developmental Services. (2) State Department of Education. (3) State Department of Health Care Services. (4) State Department of Social Services. (b) Each participating department shall enter into an interagency agreement with the State Department of Developmental Services. Each interagency agreement shall specify, at a minimum, the agency’s current and continuing level of financial participation in providing services to infants and toddlers with disabilities and their families. Each interagency agreement shall also specify procedures for resolving disputes in a timely manner. Interagency agreements shall also contain provisions for ensuring effective cooperation and coordination among agencies concerning policymaking activities associated with the implementation of this title, including legislative proposals, regulation development, and fiscal planning. All interagency agreements shall be reviewed annually and revised as necessary. (c) In addition to the provisions specified in subdivision (b), the interagency agreement with the State Department of Education shall include provisions related to the joint development and dissemination of educational information about transitioning from Part C of the federal Individuals with Disabilities Education Act. (Amended by Stats. 2022, Ch. 49, Sec. 4. (SB 188) Effective June 30, 2022. Repealed conditionally as prescribed in Section 95003.)
  76. 95014.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 4. Eligibility [95014- 95014.] ( Chapter 4 added by Stats. 1993, Ch. 945, Sec. 2. )

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    This section defines who counts as an eligible infant or toddler for early intervention services and assigns responsibility for providing and coordinating services among state departments, regional centers, and local educational agencies.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 4. Eligibility [95014- 95014.] ( Chapter 4 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95014. (a) The term “eligible infant or toddler” for the purposes of this title means infants and toddlers from birth through two years of age, for whom a need for early intervention services, as specified in the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) and applicable regulations, is documented by means of assessment and evaluation as required in Sections 95016 and 95018 and who meet one of the following criteria: (1) Infants and toddlers with a developmental delay in one or more of the following six areas: cognitive development; physical and motor development, including vision and hearing; expressive communication development; receptive communication development; social or emotional development; or adaptive development. Developmentally delayed infants and toddlers are those who are determined to have a significant difference between the expected level of development for their age and their current level of functioning. This determination shall be made by qualified personnel who are recognized by, or part of, a multidisciplinary team, including the parents. A significant difference is defined as a 25-percent delay in one or more developmental areas. (2) Infants and toddlers with established risk conditions, who are infants and toddlers with conditions of known etiology or conditions, including fetal alcohol syndrome, with established harmful developmental consequences. The conditions shall be diagnosed by qualified personnel recognized by, or part of, a multidisciplinary team, including the parents. The condition shall be certified as having a high probability of leading to developmental delay if the delay is not evident at the time of diagnosis. (3) Infants and toddlers who are at high risk of having substantial developmental disability due to a combination of biomedical risk factors, the presence of which are diagnosed by qualified personnel recognized by, or part of, a multidisciplinary team, including the parents. (b) Regional centers and local educational agencies shall be responsible for ensuring that eligible infants and toddlers are served as follows: (1) The State Department of Developmental Services and regional centers shall be responsible for the provision of appropriate early intervention services that are required for California’s participation in Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) for all infants eligible under this section, except for those infants with solely a visual, hearing, or severe orthopedic impairment, or any combination of those impairments, who meet the criteria in Sections 56026 and 56026.5 of the Education Code, and in Section 3030(a) or (b) of, and Section 3031 of, Title 5 of the California Code of Regulations. (2) The State Department of Education and local educational agencies shall be responsible for the provision of appropriate early intervention services in accordance with Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) for infants with solely a visual, hearing, or severe orthopedic impairment, or any combination of those impairments, who meet the criteria in Sections 56026 and 56026.5 of the Education Code, and in Section 3030(a) or (b) of, and Section 3031 of, Title 5 of the California Code of Regulations, and who are not eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). (3) The transfer procedures and timelines, as provided under subdivision (d) of Section 4643.5 of the Welfare and Institutions Code, shall apply if the circumstances pertaining to an eligible infant or toddler are that the child (A) has an order for foster care placement, is awaiting foster care placement, or is placed in out-of-home care through voluntary placement as defined in subdivision (o) of Section 11400 of the Welfare and Institutions Code, and (B) transfers between regional centers. (c) For infants and toddlers and their families who are eligible to receive services from both a regional center and a local educational agency, the regional center shall be the agency responsible for providing or purchasing appropriate early intervention services that are beyond the mandated responsibilities of local educational agencies and that are required for California’s participation in Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.). The local educational agency shall provide special education services up to its funded program capacity as established annually by the State Department of Education in consultation with the State Department of Developmental Services and the Department of Finance. (d) An agency or multidisciplinary team, including any agency listed in Section 95012, shall not presume or determine eligibility, including eligibility for medical services, for any other agency. However, regional centers and local educational agencies shall coordinate intake, evaluation, assessment, and individualized family service plans for infants and toddlers and their families who are served by an agency. (e) Upon termination of the program pursuant to Section 95003, the State Department of Developmental Services shall be responsible for the payment of services pursuant to this title. (f) This section shall become operative on January 1, 2015. (Amended by Stats. 2022, Ch. 49, Sec. 5. (SB 188) Effective June 30, 2022. Repealed conditionally as prescribed in Section 95003.)
  77. 95016.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 5. Services [95016 - 95022] ( Chapter 5 added by Stats. 1993, Ch. 945, Sec. 2. )

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    Infants or toddlers referred for early intervention evaluation must receive a timely, comprehensive, multidisciplinary evaluation, and families must be able to take part in eligibility and service decisions.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 5. Services [95016 - 95022] ( Chapter 5 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95016. (a) Each infant or toddler referred for evaluation for early intervention services shall have a timely, comprehensive, multidisciplinary evaluation of his or her needs and level of functioning in order to determine eligibility. In the process of determining eligibility of an infant or toddler, an assessment shall be conducted by qualified personnel, and shall include a family interview, to identify the child’s unique strengths and needs and the services appropriate to meet those needs; and the resources, priorities, and concerns of the family and the supports and services necessary to enhance the family’s capacity to meet the developmental needs of their infant or toddler. Evaluations and assessments shall be shared and utilized between the regional center and the local educational agency, and any other agency providing services for the eligible infant or toddler, as appropriate. Family assessments shall be family directed and voluntary on the part of the family. Families shall be afforded the opportunity to participate in all decisions regarding eligibility and services. (b) Regional centers and local educational agencies or their designees shall be responsible for ensuring that the requirements of this section are implemented. The procedures, requirements, and timelines for evaluation and assessment shall be consistent with the statutes and regulations under Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.), applicable regulations, and this title, and shall be specified in regulations adopted pursuant to Section 95028. (Amended by Stats. 2007, Ch. 56, Sec. 111. Effective January 1, 2008. Repealed conditionally as prescribed in Section 95003.)
  78. 95018.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 5. Services [95016 - 95022] ( Chapter 5 added by Stats. 1993, Ch. 945, Sec. 2. )

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    The department must ensure service coordinators meet training and competency requirements, and each service coordinator must review the individualized family service plan at least quarterly.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 5. Services [95016 - 95022] ( Chapter 5 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95018. Each eligible infant or toddler and their family shall be provided a service coordinator who will be responsible for facilitating the implementation of the individualized family service plan and for coordinating with other agencies and persons providing services to the family. The qualifications, responsibilities, and functions of service coordinators shall be consistent with the statutes and regulations under Part C and this title, and shall be specified in regulations adopted pursuant to Section 95028. The State Department of Developmental Services shall ensure that service coordinators, as defined in federal law, meet federal and state regulation requirements, are trained to work with infants and their families, and meet competency requirements set forth in Section 52122 of Title 17 of the California Code of Regulations. Service coordinator caseloads shall be as specified in subdivision (c) of Section 4640.6 of the Welfare and Institutions Code. A service coordinator for each eligible infant or toddler and their family shall conduct at least quarterly reviews of the individualized family service plan. Pursuant to Section 303.521 of Title 34 of the Code of Federal Regulations, service coordination is not subject to any fees that might be established for any other federal or state program. (Amended by Stats. 2022, Ch. 49, Sec. 6. (SB 188) Effective June 30, 2022. Repealed conditionally as prescribed in Section 95003.)
  79. 95020.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 5. Services [95016 - 95022] ( Chapter 5 added by Stats. 1993, Ch. 945, Sec. 2. )

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    This section requires an individualized family service plan for an eligible infant or toddler and sets timelines, meeting duties, parent rights, language access, and limits on certain service decisions.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 5. Services [95016 - 95022] ( Chapter 5 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95020. (a) An eligible infant or toddler shall have an individualized family service plan. The individualized family service plan shall be used in place of an individual program plan required pursuant to Sections 4646 and 4646.5 of the Welfare and Institutions Code, the individualized education program required pursuant to Section 56340 of the Education Code, or any other applicable service plan. (b) For an infant or toddler who has been evaluated for the first time, a meeting to share the results of the evaluation, to determine eligibility and, for children who are eligible, to develop the initial individualized family service plan shall be conducted within 45 calendar days of receipt of the written referral. Evaluation results and determination of eligibility may be shared in a meeting with the family prior to the individualized family service plan. Written parent consent, or consent by a legal guardian, to evaluate and assess shall be obtained within the 45-day timeline. A regional center, local educational agency, or the designee of one of those entities shall initiate and conduct this meeting. Families shall be afforded the opportunity to participate in all decisions regarding eligibility and services. During intake and assessment, but no later than the individualized family service plan meeting, the parents, legal guardian, or conservator shall provide copies of any health benefit cards under which the consumer is eligible to receive health benefits, including, but not limited to, private health insurance, a health care service plan, Medi-Cal, Medicare, and TRICARE. If the individual, or, if appropriate, the parents, legal guardians, or conservators, do not have any benefits, the regional center shall not use that fact to negatively impact the services that the individual may or may not receive from the regional center. (c) (1) Parents and legal guardians shall be fully informed of their rights, including the right to invite another person, including a family member or an advocate or peer parent, or any or all of them, to accompany them to any or all individualized family service plan meetings. Notwithstanding any other law, at the request of the parent or legal guardian, an individualized family service plan meeting shall be held by remote electronic communications. (2) (A) If a regional center has not held an in-person individualized family service plan meeting or completed any other in-person meeting or visit in the previous six months, the regional center shall hold an in-person individualized family service plan meeting, or other meeting, or visit at a location and at a time that is convenient for, and reflects the preference of, the parent, legal guardian, or authorized representative. This requirement on the part of the regional center shall not impede, delay, or prevent the timely development or revision of an individualized family service plan, or the timely authorization or receipt of services and supports. (B) The in-person meeting requirement established in this subparagraph shall remain in effect pending the department’s review, in coordination with stakeholders, of implementation of this subdivision, as amended by the act that added this paragraph. The review shall include the development of recommendations that may include, but not be limited to, whether and to what extent the in-person requirements are effective in assisting the infant or toddler in meeting the goals stated in the individual family service plan, in positively facilitating and improving service access and equity, and in helping to build relationships between service coordinators and parents, legal guardians, or authorized representatives. The department shall, after consulting with and receiving input from stakeholders, provide an update to the Legislature on the status of the review no later than January 10, 2026, and shall provide, with any additional consultation and documented input from stakeholders, the completed review to the Legislature no later than May 14, 2026. (3) With parental consent, or consent by a legal guardian, a referral shall be made to the local family resource center or network. A request for consent shall be offered to the parents or the legal guardian at the initial individualized family service plan meeting and at any subsequent individualized family service plan meeting, if consent was not previously obtained. (d) The individualized family service plan shall be in writing and shall address all of the following: (1) A statement of the infant’s or toddler’s present levels of physical development including vision, hearing, and health status, cognitive development, communication development, social and emotional development, and adaptive developments. (2) With the concurrence of the family, a statement of the family’s concerns, priorities, and resources related to meeting the special developmental needs of the eligible infant or toddler. (3) A statement of the major outcomes expected to be achieved for the infant or toddler and family where services for the family are related to meeting the special developmental needs of the eligible infant or toddler. (4) The criteria, procedures, and timelines used to determine the degree to which progress toward achieving the outcomes is being made and whether modifications or revisions are necessary. (5) (A) A statement of the specific early intervention services necessary to meet the unique needs of the infant or toddler as identified in paragraph (3), including, but not limited to, the frequency, intensity, location, duration, and method of delivering the services, including by remote electronic communications, and ways of providing services in natural generic environments, including group training for parents and legal guardians on behavioral intervention techniques in lieu of some or all of the in-home parent and legal guardian training component of the behavior intervention services, and purchase of neighborhood preschool services and needed qualified personnel in lieu of infant development programs. (B) Effective July 1, 2009, at the time of development, review, or modification of an infant’s or toddler’s individualized family service plan, the regional center shall consider both of the following: (i) The use of group training for parents and legal guardians on behavior intervention techniques, in lieu of some or all of the in-home parent and legal guardian training component of the behavior intervention services. (ii) The purchase of neighborhood preschool services and needed qualified personnel, in lieu of infant development programs. (6) A statement of the agency responsible for providing the identified services. (7) The name of the service coordinator who shall be responsible for facilitating implementation of the plan and coordinating with other agencies and persons. (8) The steps to be taken to ensure transition of the infant or toddler upon reaching three years of age to other appropriate services. These may include, as appropriate, special education or other services offered in natural environments. (9) The projected dates for the initiation of services in paragraph (5) and the anticipated duration of those services. (e) Each service identified in the individualized family service plan shall be designated as one of three types: (1) An early intervention service, as defined in subsection (4) of Section 1432 of Title 20 of the United States Code, and applicable regulations, that is provided or purchased through the regional center, local educational agency, or other participating agency. The State Department of Health Care Services and the State Department of Social Services shall provide services in accordance with state and federal law and applicable regulations, and up to the level of funding as appropriated by the Legislature. Early intervention services identified in an individualized family service plan that exceed the funding, statutory, and regulatory requirements of these departments shall be provided or purchased by regional centers or local educational agencies under subdivisions (b) and (c) of Section 95014. The State Department of Health Care Services and the State Department of Social Services shall not be required to provide early intervention services over their existing funding, statutory, and regulatory requirements. (2) Another service, other than those specified in paragraph (1), that the eligible infant or toddler or their family may receive from other state programs, subject to the eligibility standards of those programs. (3) A referral to a nonrequired service that may be provided to an eligible infant or toddler or their family. Nonrequired services are those services that are not defined as early intervention services or do not relate to meeting the special developmental needs of an eligible infant or toddler related to the disability, but that may be helpful to the family. The granting or denial of nonrequired services by a public or private agency is not subject to appeal under this title. Notwithstanding any other law or regulation to the contrary, effective July 1, 2009, with the exception of durable medical equipment, regional centers shall not purchase nonrequired services, but may refer a family to a nonrequired service that may be available to an eligible infant or toddler or their family. (f) An annual review, and other periodic reviews, of the individualized family service plan for an infant or toddler and the infant’s or toddler’s family shall be conducted to determine the degree of progress that is being made in achieving the outcomes specified in the plan and whether modification or revision of the outcomes or services is necessary. The frequency, participants, purpose, and required processes for annual and periodic reviews shall be consistent with the statutes and regulations under Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and this title, and shall be specified in regulations adopted pursuant to Section 95028. At the time of the review, the parents, legal guardian, or conservator shall provide copies of any health benefit cards under which the consumer is eligible to receive health benefits, including, but not limited to, private health insurance, a health care service plan, Medi-Cal, Medicare, and TRICARE. If the parents, legal guardian, or conservator have no such benefit cards, the regional center shall not use that fact to negatively impact the services that the individual may or may not receive from the regional center. (g) (1) A regional center shall communicate and provide written materials in the family’s native language during the assessment, evaluation, and planning process for the individualized family service plan, as required by Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing regulations, and as required by Sections 11135 to 11139, inclusive, and implementing regulations, including providing alternative communication services pursuant to Sections 11161 and 11162 of Title 2 of the California Code of Regulations. (2) The family’s native language shall be documented in the individualized family service plan. (Amended by Stats. 2024, Ch. 47, Sec. 2. (AB 162) Effective July 2, 2024. Repealed conditionally as prescribed in Section 95003.)
  80. 95020.5.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 5. Services [95016 - 95022] ( Chapter 5 added by Stats. 1993, Ch. 945, Sec. 2. )

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    Regional centers must start moving certain providers to electronic billing by July 1, 2011, and most providers must submit all billings electronically for services on or after July 1, 2012.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 5. Services [95016 - 95022] ( Chapter 5 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95020.5. (a) Effective July 1, 2011, regional centers shall begin transitioning providers of early intervention services purchased through a regional center to electronic billing. All providers of early intervention services provided or purchased through a regional center shall submit all billings electronically for services provided on or after July 1, 2012, with the exception of the following: (1) A provider whose services are paid for by vouchers, as that term is defined in subdivision (i) of Section 4512 of the Welfare and Institutions Code. (2) A provider who demonstrates that submitting billings electronically for services presents a substantial financial hardship. (b) For purposes of this section, “electronic billing” is defined as the Regional Center e-Billing System web application provided by the State Department of Developmental Services. (Added by Stats. 2011, Ch. 37, Sec. 2. (AB 104) Effective June 30, 2011. Repealed conditionally as prescribed in Section 95003.)
  81. 95021.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 5. Services [95016 - 95022] ( Chapter 5 added by Stats. 1993, Ch. 945, Sec. 2. )

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    Vendors providing ABA or intensive behavioral intervention must assess each child, create a detailed intervention plan, and give it to the regional center. Regional centers must buy only evidence-based services, review plans at least every six months, and cannot deny services because of lack of parent participation.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 5. Services [95016 - 95022] ( Chapter 5 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95021. (a) Notwithstanding any other law or regulation to the contrary, any vendor who provides applied behavioral analysis (ABA) services or intensive behavioral intervention services, or both, as defined in subdivision (c), shall: (1) Conduct a behavioral assessment of each infant or toddler to whom the vendor provides these services. (2) Design an intervention plan that shall include the service type, number of hours needed, and recommended parent participation to achieve the goals and objectives of the infant or toddler, as set forth in their individualized family service plan (IFSP). The intervention plan shall also set forth the frequency at which the progress of the infant or toddler shall be evaluated and reported. (3) Provide a copy of the intervention plan to the regional center for review and consideration by the planning team members. (b) (1) Notwithstanding any other law or regulation to the contrary, regional centers shall: (A) Only purchase ABA services or intensive behavioral intervention services that reflect evidence-based practices, promote positive social behaviors, and ameliorate behaviors that interfere with learning and social interactions. (B) Not purchase either ABA or intensive behavioral intervention services for purposes of providing respite, day care, or school services. (C) Discontinue purchasing ABA or intensive behavioral intervention services for an infant or toddler when their treatment goals and objectives, as described under subdivision (a), are achieved. ABA or intensive behavioral intervention services shall not be discontinued until the goals and objectives are reviewed and updated as required in paragraph (5) and shall be discontinued only if those updated treatment goals and objectives do not require ABA or intensive behavioral intervention services. (D) For each infant or toddler, evaluate the vendor’s intervention plan and number of service hours for ABA or intensive behavioral intervention no less than every six months, consistent with evidence-based practices. If necessary, the intervention plan’s treatment goals and objectives shall be updated and revised. (E) Not reimburse a parent for participating in a behavioral services treatment program. (F) Not deny or delay the provision of ABA or intensive behavioral intervention services for an infant or toddler due to the lack of parent participation. A regional center shall not adopt, implement, or have in effect any policy or practice that prohibits or substantially prohibits the purchase of ABA or intensive behavioral intervention services due to the lack of parent participation. For purposes of this section, “substantially prohibits” means any policy or practice that generally prohibits a purchase of service, but includes a process for the regional center to allow exceptions. (2) This subdivision shall not be construed to prohibit a regional center from highlighting the benefit of parental participation as recommended by the intervention plan. (c) For purposes of this section, the following definitions shall apply: (1) “Applied behavioral analysis” means the design, implementation, and evaluation of systematic instructional and environmental modifications to promote positive social behaviors and reduce or ameliorate behaviors that interfere with learning and social interaction. (2) “Intensive behavioral intervention” means any form of applied behavioral analysis that is comprehensive, designed to address all domains of functioning, and provided in multiple settings for no more than 40 hours per week, across all settings, depending on the individual’s needs and progress. Interventions can be delivered in a one-to-one ratio or small group format, as appropriate. (3) “Evidence-based practice” means a decisionmaking process that integrates the best available scientifically rigorous research, clinical expertise, and individual’s characteristics. Evidence-based practice is an approach to treatment rather than a specific treatment. Evidence-based practice promotes the collection, interpretation, integration, and continuous evaluation of valid, important, and applicable individual- or family-reported, clinically observed, and research-supported evidence. The best available evidence, matched to infant or toddler circumstances and preferences, is applied to ensure the quality of clinical judgments and facilitates the most cost-effective care. (4) “Parent” has the same meaning as defined in paragraph (44) of subdivision (b) of Section 52000 of Title 17 of the California Code of Regulations. (5) “Parent participation” may include, but shall not be limited to, the following meanings: (A) Completion of group instruction on the basics of behavior intervention. (B) Implementation of intervention strategies according to the intervention plan. (C) If needed, collection of data on behavioral strategies and submission of that data to the provider for incorporation into progress reports. (D) Participation in any needed clinical meetings. (E) Purchase of suggested behavior modification materials or community involvement if a reward system is used. (Amended by Stats. 2023, Ch. 44, Sec. 12. (AB 121) Effective July 10, 2023. Repealed conditionally as prescribed in Section 95003.)
  82. 95022.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 5. Services [95016 - 95022] ( Chapter 5 added by Stats. 1993, Ch. 945, Sec. 2. )

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    The statewide early intervention system must be administered by the Developmental Services Department with Education Department collaboration, and it must include specified program components.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 5. Services [95016 - 95022] ( Chapter 5 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95022. The statewide system of early intervention shall be administered by the State Department of Developmental Services in collaboration with the State Department of Education and with the advice and assistance of an interagency coordinating council established pursuant to federal regulations and shall include all of the following mandatory components: (a) A central directory that includes information about early intervention services, resources, and experts available in the state, professionals and other groups providing services to eligible infants and toddlers, and research and demonstration projects being conducted in the state. The central directory shall specify the nature and scope of the services available and the telephone number and address for each of the sources listed in the directory. (b) A public awareness program focusing on early identification of eligible infants and toddlers and the dissemination of information about the purpose and scope of the system of early intervention services and how to access evaluation and other early intervention services. (c) Personnel standards that ensure that personnel are appropriately and adequately prepared and trained. (d) A comprehensive system of personnel development that provides training for personnel including, but not limited to, public and private providers, primary referral sources, paraprofessionals, and persons who will serve as service coordinators. The training shall specifically address at least all of the following: (1) Understanding the early intervention services system, including the family service plan process. (2) Meeting the interrelated social, emotional, and health needs of eligible infants and toddlers. (3) Assisting families in meeting the special developmental needs of the infant or toddler, assisting professionals to utilize best practices in family focused early intervention services and promoting family professional collaboration. (4) Reflecting the unique needs of local communities and promoting culturally competent service delivery. (e) A comprehensive child-find system, including policies and procedures that ensure that all infants and toddlers who may be eligible for services under this title are identified, located, and evaluated, that services are coordinated between participating agencies, and that infants and toddlers are referred to the appropriate agency. (f) A surrogate parent program established pursuant to Section 303.406 of Title 34 of the Code of Federal Regulations to be used by regional centers and local education agencies. (Amended by Stats. 1998, Ch. 485, Sec. 103. Effective January 1, 1999. Repealed conditionally as prescribed in Section 95003.)
  83. 95024.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 6. Funding [95024- 95024.] ( Chapter 6 added by Stats. 1993, Ch. 945, Sec. 2. )

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    This section directs how certain Part C federal funds must be used for increased costs and funding priorities, and gives the lead agency limited discretionary funding powers if money remains.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 6. Funding [95024- 95024.] ( Chapter 6 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95024. (a) Any increased cost to local educational agencies due to the implementation of this title shall be funded from the Part C federal funds provided for the purposes of this title. (b) Any increased costs to regional centers due to the implementation of this title shall be funded from the Part C federal funds provided for the purposes of this title. (c) The annual Budget Act shall specify the amount of federal Part C funds allocated for local assistance and for state operations individually, for the State Department of Developmental Services, and for the State Department of Education. (d) If federal funds are available after mandatory components and increased costs in subdivisions (a) and (b), if any, are funded, the lead agency, in consultation with the State Department of Education, may do the following: (1) Designate local interagency coordination areas throughout the state and allocate available Part C federal funds to fund interagency coordination activities, including, but not limited to, outreach and public awareness, and interagency approaches to service planning and delivery. If the lead agency chooses to designate and fund local interagency coordination areas, the lead agency shall first offer to enter into a contract with the regional center or a local educational agency. If the regional center or any of the local educational agencies do not accept the offer, the lead agency, in consultation with the State Department of Education and the approval of the regional center and local educational agencies in the area, directly may enter into a contract with a private, nonprofit organization. Nothing in this section shall preclude a regional center or local educational agency that enters into a contract with the lead agency from subcontracting with a private, nonprofit organization. (2) Allocate funds to support family resource services, including, but not limited to, parent-to-parent support, information dissemination and referral, public awareness, family-professional collaboration activities, and transition assistance for families. In providing these services, resources shall be made available to families with information on the following areas: (A) The difference between Part B and Part C services. (B) Information about local Part B programs and other services in a family’s community. (C) Options for services for families after their child reaches three years of age. (D) An overview of the process and timelines for a child’s transition at three years of age. (e) If an expenditure plan is developed under subdivision (d), the lead agency, in consultation with the State Department of Education, shall give high priority to funding family resource services. (f) Nothing in this section shall be construed to limit the lead agency’s authority, in consultation with the State Department of Education, to allocate discretionary Part C federal funds for any legitimate purpose consistent with the statutes and regulations under Part C (20 U.S.C. Secs. 1431 to 1444, inclusive) and this title. (Amended by Stats. 2022, Ch. 49, Sec. 8. (SB 188) Effective June 30, 2022. Repealed conditionally as prescribed in Section 95003.)
  84. 95026.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 7. Data Collection [95026- 95026.] ( Chapter 7 added by Stats. 1993, Ch. 945, Sec. 2. )

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    The lead agency must maintain a data system, and participating agencies must help develop it and cooperate with the lead agency on federal data requirements.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 7. Data Collection [95026- 95026.] ( Chapter 7 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95026. (a) The lead agency shall maintain a system for compiling data required by the federal Office of Special Education Programs, through Part C of the federal Individuals with Disabilities Education Act, including the number of eligible infants and toddlers and their families in need of appropriate early intervention services, the number of eligible infants and toddlers and their families served, the types of services provided, and other information required by the federal Office of Special Education Programs. All participating agencies listed in Section 95012 shall assist in the development of the system and shall cooperate with the lead agency in meeting federal data requirements. The feasibility of using existing systems and including social security numbers shall be explored to facilitate data collection. (b) Data collected pursuant to this section shall be used to improve service delivery and the quality of transition from Part C to Part B of the federal Individuals with Disabilities Education Act for children and families to the extent it is possible to do so. (Amended by Stats. 2022, Ch. 49, Sec. 9. (SB 188) Effective June 30, 2022. Repealed conditionally as prescribed in Section 95003.)
  85. 95028.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 8. Regulations [95028- 95028.] ( Chapter 8 added by Stats. 1993, Ch. 945, Sec. 2. )

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    This section requires state agencies to develop, approve, implement, and update regulations for California’s early intervention services program, including emergency initial regulations and later updates for family feedback.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 8. Regulations [95028- 95028.] ( Chapter 8 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95028. (a) On or before October 1, 1995, the State Department of Developmental Services, on behalf of the Secretary of the Health and Human Services Agency, and the State Department of Education, on behalf of the Superintendent of Public Instruction, jointly shall develop, approve, and implement regulations, as necessary, to comply with the requirements of this title and Part C, as specified in federal statutes and regulations. (b) The regulations developed pursuant to this section shall include, but are not limited to, the following requirements: (1) The administrative structure for planning and implementation of the requirements of this title and Part C. (2) Eligibility for Part C services. (3) Evaluation and assessment. (4) Individualized family service plans. (5) Service coordination. (6) The program and service components of the statewide system for early intervention services. (7) The duties and responsibilities of the lead agency as specified in Section 95006, including procedural safeguards and the process for resolving complaints against a public agency for violation of the requirements of Part C. (c) The State Department of Developmental Services shall adopt regulations to implement this title in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Initial regulations to implement this title shall be adopted as emergency regulations. The adoption of these initial emergency regulations shall be considered by the Office of Administrative Law to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. The initial emergency regulations shall remain in effect for no more than 180 days. These regulations shall be jointly developed by the State Department of Developmental Services and the State Department of Education by July 1, 1994. The Department of Finance shall review and comment upon the emergency regulations prior to their adoption. (d) On or before October 1, 2024, the regulations developed pursuant to this section shall be updated to include a process for Part C programs to incorporate family feedback to help update and improve the transition process from Part C, training, and family satisfaction. (Amended by Stats. 2022, Ch. 49, Sec. 10. (SB 188) Effective June 30, 2022. Repealed conditionally as prescribed in Section 95003.)
  86. 95029.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 9. Evaluation [95029 - 95029.5] ( Chapter 9 added by Stats. 1993, Ch. 945, Sec. 2. )

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    Two state departments must ensure an independent evaluation of the program and its structure is completed by October 1, 1996, and the evaluation must be funded with federal funds.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 9. Evaluation [95029 - 95029.5] ( Chapter 9 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95029. The State Department of Developmental Services and the State Department of Education shall ensure that an independent evaluation of the program and its structure is completed by October 1, 1996. The evaluation shall address the following issues: (a) The efficiency and cost-effectiveness of the state administrative structure, the local interagency coordinating structure, and the mandatory program components. (b) The degree to which programs and services provided through regional centers and local educational agencies fulfill the purpose of Part C of the federal Individuals with Disabilities Education Act. (c) The extent to which implementation of the program has resulted in improved services for infants and their families, and greater satisfaction with service delivery by families. (d) The outcomes and effectiveness of family resource centers. (e) The adequacy of the Part C funding models. The evaluation shall be funded with federal funds. (Amended by Stats. 2007, Ch. 56, Sec. 117. Effective January 1, 2008. Repealed conditionally as prescribed in Section 95003.)
  87. 95029.5.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 9. Evaluation [95029 - 95029.5] ( Chapter 9 added by Stats. 1993, Ch. 945, Sec. 2. )

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    The State Department of Education must study how special instruction and other services are currently provided to infants and toddlers who are deaf or hard of hearing, and it must report recommendations to the Legislature by January 1, 2006.

    ## Government Code - GOV ## TITLE 14. CALIFORNIA EARLY INTERVENTION SERVICES ACT [95000 - 95029.5] ( Title 14 repealed and added by Stats. 1993, Ch. 945, Sec. 2. ) ## CHAPTER 9. Evaluation [95029 - 95029.5] ( Chapter 9 added by Stats. 1993, Ch. 945, Sec. 2. ) ## 95029.5. (a) The State Department of Education shall conduct a study of the current methods of providing special instruction and other services to infants and toddlers who are deaf or hard of hearing. The study shall be funded, upon appropriation by the Legislature, by any available federal funds administered by the State Department of Education and shall include, but not be limited to, all of the following: (1) The personnel utilized. (2) The varying approaches utilized in providing services to individuals with single disabilities, as compared to the approaches used in providing services to individuals with multiple disabilities, including hearing impairments. (3) The adequacy of the resources and personnel standards. (4) The costs associated with ensuring that infants and toddlers who are deaf or hard of hearing received special instruction from credentialed teachers of the deaf. (b) The department shall report to the Legislature by January 1, 2006, recommendations regarding how to best provide and fund appropriate quality services for these children. (Added by Stats. 2004, Ch. 456, Sec. 1. Effective January 1, 2005. Repealed conditionally as prescribed in Section 95003.)
  88. 951.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 3. Actions Against Public Employees [950 - 951] ( Chapter 3 added by Stats. 1963, Ch. 1715. )

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    A complaint for damages against certain state or local officers in their individual capacity must state specific material facts showing personal liability and the plaintiff’s right to recover.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 3. Actions Against Public Employees [950 - 951] ( Chapter 3 added by Stats. 1963, Ch. 1715. ) ## 951. Notwithstanding Section 425.10 of the Code of Civil Procedure, any complaint for damages in any civil action brought against a publicly elected or appointed state or local officer, in his or her individual capacity, where the alleged injury is proximately caused by the officer acting under color of law, shall allege with particularity sufficient material facts to establish the individual liability of the publicly elected or appointed state or local officer and the plaintiff’s right to recover therefrom. (Amended by Stats. 1997, Ch. 17, Sec. 46. Effective January 1, 1998.)
  89. 955.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

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    This section sets the proper trial court for certain actions against the State and allows venue changes to Sacramento County in other actions when the Attorney General makes a written demand on or before answering, subject to Sections 955.2 and 955.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 955. The proper court for trial of actions against the State for the taking or damaging of private property for public use is a court of competent jurisdiction in the county in which the property is situate. Except as provided in Sections 955.2 and 955.3, upon written demand of the Attorney General made on or before answering, the place of trial in other actions shall be changed to Sacramento County. (Amended by Stats. 1980, Ch. 387.)
  90. 955.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

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    The Governor may issue a scientifically valid earthquake or volcanic warning, and public entities and employees get liability protection when acting on such warnings.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 955.1. (a) The science of earthquake prediction is developing rapidly and, although still largely in a research stage, these predictions are now being initiated and are certain to continue into the future. Administrative procedures exist within the Office of Emergency Services to advise the Governor on the validity of earthquake predictions. Numerous important actions can be taken by state and local governments and special districts to protect life and property in response to earthquake predictions and associated warnings. It is the intent of this legislation to ensure that those actions are taken in the public interest by government agencies acting in a responsible manner without fear of consequent financial liabilities. (b) The Governor may, at his or her discretion, issue a warning as to the existence of an earthquake or volcanic prediction determined to have scientific validity. The state and its agencies and employees shall not be liable for any injury resulting from the issuance or nonissuance of a warning pursuant to this subdivision or for any acts or omissions in fact gathering, evaluation, or other activities leading up to the issuance or nonissuance of a warning. (c) Public entities and public employees may, on the basis of a warning issued pursuant to subdivision (b), take, or fail or refuse to take, any action or execute or fail or refuse to execute any earthquake or volcanic prediction response plan with relation to the warning which is otherwise authorized by law. In taking, or failing or refusing to take, such action, neither public entities nor public employees shall be liable for any injuries caused thereby or for any injuries resulting from the preparation of, or failure or refusal to prepare, any earthquake hazard or damage prediction maps, plans for evacuation of endangered areas, and other plan elements. (d) An earthquake or volcanic warning issued by the Governor pursuant to subdivision (b) is a sufficient basis for a declaration of a state of emergency or local emergency as defined by Section 8558. Public entities and public employees shall be immune from liability in accordance with all immunity provisions applicable during such state of emergency or local emergency. (Amended by Stats. 2013, Ch. 352, Sec. 103. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  91. 955.2.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

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    When the State is sued for death or injury claims arising in California, the trial must be in the county where the injury or death-causing injury occurred; the court may also change venue on motion.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 955.2. Notwithstanding any other provision of law, where the State is named as a defendant in any action or proceeding for death or injury to person or personal property and the injury or the injury causing death occurred within this State, the proper court for the trial of the action is a court of competent jurisdiction in the county where the injury occurred or where the injury causing death occurred. The court may, on motion, change the place of the trial in the same manner and under the same circumstances as the place of trial may be changed where an action is between private parties. (Added by Stats. 1963, Ch. 1715.)
  92. 955.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

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    A local public plaintiff may have the case tried in the county or city where it is located, and the Attorney General may seek to move the trial to Sacramento County before answering.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 955.3. Notwithstanding any provision of law, when a city, county, or city and county, or local agency is a plaintiff in an action or proceeding against the State of California, the action may be tried in any city or county, or city and county, where the city, county, or city and county, or local agency is situated. The Attorney General may, on behalf of the State of California, before answering, move to change the place of trial to Sacramento County in accordance with the provisions of Section 397 of the Code of Civil Procedure. For the purposes of this section, “local agency” means any governmental district, board, or agency, or any other local governmental body or corporation, or elected local public official, but shall not include the State of California or any of its agencies, departments, commissions, or boards, or elected public officials in the executive branch of the state government. (Amended by Stats. 1994, Ch. 156, Sec. 2. Effective July 11, 1994.)
  93. 955.4.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

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    In claims against the state, summons must be served on the Attorney General, and the Attorney General must defend the actions, subject to listed exceptions.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 955.4. Except as provided in Sections 811.9, 955.6, 955.8, and 955.9: (a) Service of summons in all actions on claims against the state shall be made on the Attorney General. (b) The Attorney General shall defend all actions on claims against the state. (Amended by Stats. 2002, Ch. 1007, Sec. 15. Effective January 1, 2003.)
  94. 955.6.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

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    In certain private-property takings actions tied to Department of Transportation work, summons must be served on the Attorney General or the Director of Transportation, and the Department’s attorney conducts the defense.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 955.6. In actions for the taking or damaging of private property for public use within the meaning of Section 19 of Article I of the Constitution on claims arising out of work done by the Department of Transportation: (a) Service of summons shall be made on the Attorney General or the Director of Transportation. (b) The defense shall be conducted by the attorney for the Department of Transportation. (Amended by Stats. 1980, Ch. 215.)
  95. 955.8.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

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    In covered taking-or-damage actions against the state, summons must be served on either the Attorney General or the Director of Water Resources, and the defense is handled by the department’s legal counsel if the Attorney General authorizes it; otherwise the Attorney General handles the defense.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 955.8. In actions for the taking or damaging of private property for public use within the meaning of Section 14 of Article I of the Constitution on claims arising out of work done by the Department of Water Resources: (a) Service of summons shall be made on the Attorney General or the Director of Water Resources. (b) The defense shall be conducted by the legal counsel of the department, if authorized by the Attorney General pursuant to Section 127 of the Water Code; otherwise the defense shall be conducted by the Attorney General. (Added by Stats. 1963, Ch. 1715.)
  96. 955.9.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

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    In claims against a judicial branch entity, summons must be served on the listed court officer for the specific court or entity sued.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 955.9. In actions on claims against a judicial branch entity, service of summons shall be made on: (a) The court executive officer, in actions on claims against a superior court or a judge thereof. (b) The Clerk/Executive Officer of the Court of Appeal, in actions on claims against a court of appeal or a judge thereof. (c) The Clerk/Executive Officer of the Supreme Court, in actions on claims against the Supreme Court or a judge thereof. (d) The Administrative Director of the Judicial Council, in actions on claims against the Judicial Council or the Administrative Office of the Courts. (Amended by Stats. 2018, Ch. 92, Sec. 84. (SB 1289) Effective January 1, 2019.)
  97. 95500.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. )

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    This section establishes the California Savings and Asset Project and says the Employment Development Department administers it.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. ) ## 95500. An individual development account program, to be known as the California Savings and Asset Project, is hereby established. The program shall be administered by the Employment Development Department. (Added by Stats. 2002, Ch. 1024, Sec. 2. Effective January 1, 2003. Conditionally operative as prescribed in Section 95501.)
  98. 95501.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. )

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    This title takes effect only when funding is appropriated or allocated for the California Savings and Asset Project.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. ) ## 95501. This title shall become operative upon an appropriation of funds by the Legislature, or the allocation of existing discretionary funds by the Governor pursuant to Section 128(a) of the Workforce Investment Act of 1998 (29 U.S.C. Sec. 2853(a)), for the specific stated purpose of establishing the California Savings and Asset Project. This title shall be implemented to the extent that funding is appropriated in the annual Budget Act or any future act by the Legislature, or allocated by the Governor. (Added by Stats. 2002, Ch. 1024, Sec. 2. Effective January 1, 2003. Note: This section prescribes conditions for operation of Title 13, comprising Sections 95500 to 95508.)
  99. 95502.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. )

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    This section defines terms used in the California Savings and Asset Project title.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. ) ## 95502. For purposes of this title, the following definitions apply: (a) “Community development credit union” means any credit union chartered under federal or state law. (b) “Community development financial institution” means any community development financial institution certified by the Community Development Financial Institution Fund. (c) “Department” means the Employment Development Department. (d) “Indian tribe” means any Indian tribe, as defined in Section 4(12) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. Sec. 4103(12)), and includes any tribal subsidiary, subdivision, or other wholly owned tribal entity. (e) “Individual development account” means a matched savings account held in a financial institution, created or organized for an individual as part of an individual development account program earmarked for specific asset-building purposes. (f) “Nonprofit facilitator” means the nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code that contracts with the department for the project. (g) “Participant” means any individual who has contracted with a service provider to participate in the California Savings and Asset Project. (h) “Project” means the California Savings and Asset Project. (i) “Qualified business capitalization” means qualified business expenditures for the capitalization of a qualified business pursuant to a qualified plan. (j) “Qualified business expenditures” means expenditures included in a qualified plan, including capital, plant, equipment, working capital, and inventory expenses. (k) “Qualified plan” means a business plan or a plan to use a business asset purchase that is approved by a financial institution, a business development training or technical assistance organization, or a nonprofit loan fund having demonstrated fiduciary integrity; contains a description of services, or goods to be sold, a marketing plan, and a projected financial statement; and requires the eligible individual to obtain the assistance of an experienced entrepreneurial adviser to review the plan for quality and completeness. (l) “Service providers” means entities that contract with the nonprofit facilitator, and that are nonprofit organizations exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, community development credit unions, community development financial institutions, or Indian tribes that are eligible to receive funds appropriated or allocated for the project. (Added by Stats. 2002, Ch. 1024, Sec. 2. Effective January 1, 2003. Conditionally operative as prescribed in Section 95501.)
  100. 95503.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. )

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    The department must issue a request for proposals, run a review process, select a nonprofit facilitator, report annually to the Legislature, and pay the facilitator up to 10% of the project allocation; it may keep up to 5% for its own administration.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. ) ## 95503. (a) The department shall issue by July 1, 2003, a request for proposals to entities that may apply to become the nonprofit facilitator of the project. Applications shall include, but need not be limited to, all of the following components: (1) A description of the organization submitting the proposal. (2) A description of the planning process used to design the project. (3) A business plan, including a market assessment, to be developed and used during the planning process, describing a target group or target area and the needs to be served, and cultural considerations. (4) A marketing plan, including a description of the outreach and recruitment of participants for the project that uses information developed in the planning and market assessments. (5) A description of project operations, including a description of the fiscal management plan, staffing pattern, arrangements with financial institutions, data management plan, and partnerships with other organizations. (6) A description of the accounting methods to be used and evidence that the entity has the capacity to monitor pooled matching funds and project funding. (7) A financial projection, including a proposed budget and fund development strategies. (8) An annual audit. (9) A description of primary project policies and procedures. (10) A description and plan for delivery of personal financial management training and asset-specific training. (b) The department shall, with the cooperation of the nonprofit facilitator, submit an annual report to the Legislature on the first day of January, commencing in 2004. The report shall include, but is not limited to, all of the following: (1) The number of enrolled participants. (2) The number of individual development accounts established. (3) The aggregate savings achievements. (4) The number of participants who have completed the program. (5) The number of participants who have completed financial education. (6) A minimum of two participant profiles. (7) A financial report, including the use of state funds, other leveraged funds, and the status of other committed funds. (8) A summary of program achievements and obstacles. (9) Program and fiscal projections for the next year. (c) (1) The department shall assemble a review committee to read and score proposals by interested nonprofit facilitators in response to the request for proposals. The review committee shall include a staff member from the department and other experienced individual development account practitioners from diverse communities. (2) The review committee shall score the proposals according to the components required in Section 95504, as well as best practice standards agreed upon by the asset-building field and a demonstrated capacity to conduct statewide activities and subcontract with service providers around the state. (d) The department shall select a nonprofit facilitator to participate in the project based on the proposals submitted and scored pursuant to this section. (e) The department shall allocate funding to the nonprofit facilitator for the project, subject to the requirements and limitations of the funding source. (f) The department shall annually pay the nonprofit facilitator up to 10 percent of the project’s total annual allocation for the purpose described in Section 95504, and may reserve up to 5 percent of the project’s total annual allocation for its own administrative purposes. (Added by Stats. 2002, Ch. 1024, Sec. 2. Effective January 1, 2003. Conditionally operative as prescribed in Section 95501.)
  101. 95504.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. )

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    The nonprofit facilitator must work with service providers, and service providers must run the program, screen participants, open and manage accounts, provide at least 12 hours of financial education, and report program information semiannually.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. ) ## 95504. (a) The nonprofit facilitator shall subcontract with service providers to implement the project around the state. The nonprofit facilitator shall make an attempt to select service providers for programs of different size, geographical distribution, and target population to be served. Additionally, the nonprofit facilitator may consider giving special consideration to service providers that demonstrate partnerships with local public agencies. (b) The service providers shall perform all of the following duties in implementing the project: (1) Recruit and select participants who meet the following criteria: (A) The individual is at least 18 years of age. (B) The individual is a member of a household with an income of not more than 80 percent of the area median income based on United States Department of Housing and Urban Development guidelines at the time of program enrollment. (C) The individual is not a dependent of another person for federal income tax purposes. (D) The individual is not a debtor for a judgment resulting from nonpayment of a court-ordered child support obligation. (E) The individual meets eligibility criteria as defined by the funding source for the program created under this title. (2) Develop and sign contracts with each participant, to include all program requirements and policies governing the participant’s account. (3) Assist participants in opening individual development accounts. CalWORKs recipients participating in the project may consider using a restricted account as described in Section 11155.2 of the Welfare and Institutions Code. Otherwise, the accounts shall be established using a parallel account structure that meets both of the following requirements: (A) One separate account shall be established for each participant in a federally or state insured financial institution, community development financial institution, any financial institution eligible to hold an individual retirement account, or community development credit union, in which each participant’s savings are deposited and maintained. The program participant may withdraw his or her own savings at any time. (B) Another separate, parallel account shall be established and maintained by service providers in which the matching funds from state, federal, and private donations are kept. The parallel account may contain all matching funds for a pool of any service provider’s participants. (4) Help individuals receive their matching funds at the conclusion of the program. (5) Provide participants with a minimum of 12 hours of financial education and training. The education and training shall include, but need not be limited to, all of the following: (A) Household and personal budget management. (B) Economic literacy. (C) Credit repair. (6) Develop a program dismissal process for participants who do not fulfill program participation requirements, and seek to ensure that matching funds are used for their intended purposes. (7) Collect and maintain information about their programs, in a manner that provides the capacity to report semiannually all of the following information to the department: (A) The number and demographic characteristics of participants enrolled in the program. (B) The number of accounts established. (C) The individual and aggregate savings level of participants. (D) The number of participants who closed accounts and the amount of associated savings. (E) The actual and proposed program budget. (F) The size and origin of matching pool funds received, obligated, and paid to participants. (G) The program achievements and obstacles. (H) Twelve-month program and financial projections. (I) At least one participant profile. (Added by Stats. 2002, Ch. 1024, Sec. 2. Effective January 1, 2003. Conditionally operative as prescribed in Section 95501.)
  102. 95505.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. )

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    Service providers must document matching funds, choose eligible participants, provide account and education support, report program information, and help distribute matching funds. Participants may withdraw their own savings and may save up to $3,000 total.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. ) ## 95505. (a) Prior to receiving funds under this title, each service provider shall, within six months of being selected to act as a service provider, provide written documentation to the department that it has secured matching funds from nonstate sources to match each state dollar provided under this title. (b) Service providers shall recruit and select participants who meet the following criteria: (1) The individual is at least 18 years of age. (2) The individual is a member of a household with an income of not more than 80 percent of the area median income based on United States Department of Housing and Urban Development guidelines at the time of program enrollment. (3) The individual is not a dependent or another person for federal income tax purposes. (4) The individual is not a debtor for a judgment resulting from nonpayment of a court-ordered child support obligation. (c) Service providers shall develop and sign contracts with each participant, to include all program requirements and policies governing the participant’s account. (d) Service providers shall assist participants in opening individual development accounts. The accounts shall be established using a parallel account structure that meets both of the following requirements: (1) One separate account is established for each participant in a federally or state insured financial institution, community development financial institution, any financial institution eligible to hold an individual retirement account, or community development credit union, in which each participant’s savings are deposited and maintained. The program participant may withdraw his or her own savings at any time. (2) Another separate, parallel account is established and maintained by service providers in which the matching funds from state, federal, and private donations are kept. The parallel account may contain all matching funds for a pool of any service provider’s participants. (e) Service providers shall help individuals receive their matching funds at the conclusion of the program. All state matching funds shall be paid directly to the vendor as specified by the program participant. (f) Service providers shall provide participants with a minimum of 12 hours of financial education and training. The education and training shall include, but is not limited to, all of the following: (1) Household and personal budget management. (2) Economic literacy. (3) Credit repair. (g) Service providers shall develop a program dismissal process for participants who do not fulfill program participation requirements, and seek to ensure that matching funds are used for their intended purposes. (h) Service providers shall collect and maintain information about their programs, and participants shall do so in a manner that provides the capacity to report all of the following information, semiannually, to the department: (1) The number and demographic characteristics of participants enrolled in the program. (2) The number of accounts established. (3) The individual and aggregate savings level of participants. (4) The number of participants who closed accounts and the amount of associated savings. (5) The actual and proposed program budget. (6) The size and origin of matching pool funds received, obligated, and paid to participants. (7) The program achievements and obstacles. (8) Twelve-month program and financial projections. (9) At least one participant profile, and state maintenance of effort requirements. (i) Each participant may save up to a maximum of three thousand dollars ($3,000) in total, over the life of his or her individual development account. (Added by Stats. 2002, Ch. 1024, Sec. 2. Effective January 1, 2003. Conditionally operative as prescribed in Section 95501.)
  103. 95506.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. )

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    People selected for the project must follow several account and savings rules, including contracting with their service provider, making regular deposits, choosing approved savings goals, communicating regularly, completing 12 hours of training, and keeping savings in the account for at least six months.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. ) ## 95506. Individuals selected to participate in the project shall do all of the following: (a) Contract with his or her service provider. (b) Regularly deposit funds into the individual development account. Participants may contribute to the individual development account using resources generated from the following sources: (1) Earned income. (2) Federal Earned Income Tax Credit refunds. (3) Disability benefits. (4) Child support payments. (5) AmeriCorps stipends. (6) Wages earned through self-employment. (7) Job training program stipends. (c) Select purchase goals for which the savings will be used. Participants may use savings generated by individual development accounts for any of the following purposes: (1) Postsecondary and vocational education expenses, including tuition, fees, books, supplies, and equipment. (2) Home purchase costs with respect to a principal residence. (3) Major home repair. (4) Assistive technology equipment or services for disabled participants when used to access employment, education, or training. (5) Purchase of a vehicle to be used for employment, education, or training purposes. (6) Qualified business capitalization. (d) Communicate regularly with the service provider regarding the account. (e) Participate in a minimum of 12 hours of training and education provided by the service provider. (f) Maintain savings in the individual development account for a minimum of six months from the time the account was established. (Added by Stats. 2002, Ch. 1024, Sec. 2. Effective January 1, 2003. Conditionally operative as prescribed in Section 95501.)
  104. 95507.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. )

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    Interest earned on a participant’s individual development account funds is taxable to the participant when earned, and matching funds are treated as a gift and not taxable income to the participant.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. ) ## 95507. Pursuant to Internal Revenue Service Ruling 99-44, interest earned on funds deposited in the individual development account by the participant is taxable to the participant in the year it is earned, and funds matched to an individual development account are considered a gift at the time they are paid and, therefore, are not considered taxable income to the participant. (Added by Stats. 2002, Ch. 1024, Sec. 2. Effective January 1, 2003. Conditionally operative as prescribed in Section 95501.)
  105. 95508.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. )

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    A financial institution holding an individual development account must not have greater duties than it has for other savings accounts, and it has no duty or responsibility for withdrawal restrictions in the participant-service provider contract.

    ## Government Code - GOV ## TITLE 13. CALIFORNIA SAVINGS AND ASSET PROJECT [95500 - 95508] ( Title 13 added by Stats. 2002, Ch. 1024, Sec. 2. ) ## 95508. The financial institution in which an individual development account is established shall: (a) Have no greater duties or responsibilities as to an individual development account than it has to any other savings account. (b) Have no duty or responsibility to any withdrawal restriction established in the contract between the participant and the service provider. (Added by Stats. 2002, Ch. 1024, Sec. 2. Effective January 1, 2003. Conditionally operative as prescribed in Section 95501.)
  106. 956.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

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    In certain property actions, the holders of the prior estate or other fractional interests may join the State as a defendant; the complaint must describe the State’s interest and how it was acquired, and process must be served on the Attorney General and Director of Finance.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Special Provisions Relating to Actions Against the State [955 - 956] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 956. Whenever the State has acquired by gift, under the will of a decedent or through a decree of distribution in the estate of a decedent, or otherwise than by purchase or the exercise of the power of eminent domain, a remainder interest, whether contingent or vested, in real property, or an undivided fractional interest in real property, the holder or holders of the precedent estate or of other undivided fractional interests, as the case may be, may join the State as a party defendant in any action to partition said property, brought pursuant to the Code of Civil Procedure or in any action in declaratory relief brought pursuant to the Code of Civil Procedure. In the complaint in any such action the nature of the interest of the State shall be set forth and the manner in which the same was acquired and process in any such action shall be served upon the Attorney General and the Director of Finance. In any such action the Attorney General shall represent the State and may on behalf of the State execute such stipulations, disclaimers or consents as may be appropriate. (Added by Stats. 1963, Ch. 1450.)
  107. 960.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Special Provisions Relating to Actions Against Local Public Entities [960 - 960.8] ( Chapter 5 added by Stats. 1963, Ch. 1805. )

    Verify source ↗

    This section says that “public agency” means whatever Section 53050 says it means.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Special Provisions Relating to Actions Against Local Public Entities [960 - 960.8] ( Chapter 5 added by Stats. 1963, Ch. 1805. ) ## 960. As used in this chapter, “public agency” has the meaning given that term by Section 53050. (Added by Stats. 1963, Ch. 1805.)
  108. 960.2.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Special Provisions Relating to Actions Against Local Public Entities [960 - 960.8] ( Chapter 5 added by Stats. 1963, Ch. 1805. )

    Verify source ↗

    If a suit or proceeding is against a public agency and certain filing/service conditions exist in the first 10 days, service of process may be made under Section 960.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Special Provisions Relating to Actions Against Local Public Entities [960 - 960.8] ( Chapter 5 added by Stats. 1963, Ch. 1805. ) ## 960.2. Notwithstanding any provision of law to the contrary, service of process in an action or proceeding against a public agency may be made in the manner provided in Section 960.3 if, during the 10 days immediately following the commencement of the action or proceeding, any of the following apply: (a) No statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, as required by Section 53051. (b) A statement or amended statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, but the information contained therein is so inaccurate or incomplete that it does not substantially conform to the requirements of Section 53051. (c) A statement or amended statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, but neither the governing body nor any officer or agent of the public agency upon whom personal service of process constitutes service upon the public agency can thereafter, with due diligence, be personally served at the address or addresses set forth in the statement. (Amended by Stats. 2019, Ch. 329, Sec. 4. (SB 780) Effective January 1, 2020.)
  109. 960.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Special Provisions Relating to Actions Against Local Public Entities [960 - 960.8] ( Chapter 5 added by Stats. 1963, Ch. 1805. )

    Verify source ↗

    A court or judge may order service of process on a public agency when the Section 960.2 conditions are shown by affidavit, and the plaintiff must pay a $50 fee to the Secretary of State for each public agency served this way.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Special Provisions Relating to Actions Against Local Public Entities [960 - 960.8] ( Chapter 5 added by Stats. 1963, Ch. 1805. ) ## 960.3. (a) If it is shown by affidavit to the satisfaction of the court or judge that the circumstances required by Section 960.2 exist, the court or judge may make an order that service of process be made upon the public agency as provided in this section. (b) Service of process shall be made by: (1) Leaving two copies of the process for each public agency defendant to be served, together with two copies of the order authorizing the service, in the hands of the Secretary of State or in his or her office at Sacramento; or (2) Mailing two copies of the process for each public agency defendant to be served, together with two copies of the order authorizing the service, to the office of the Secretary of State in Sacramento by certified or registered mail, addressee only, return receipt requested. Service shall be effective as of the day the return receipt is received from the office of the Secretary of State. (c) Service in this manner constitutes personal service upon the public agency. (d) A fee of fifty dollars ($50) shall be paid by the plaintiff to the Secretary of State for each public agency on which service is made in this manner. (Amended by Stats. 1990, Ch. 479, Sec. 1.)
  110. 960.4.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Special Provisions Relating to Actions Against Local Public Entities [960 - 960.8] ( Chapter 5 added by Stats. 1963, Ch. 1805. )

    Verify source ↗

    The Secretary of State must give notice of service of process to the public agency, using registered mail, and may have to route the process through the county clerk if no address is on file.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Special Provisions Relating to Actions Against Local Public Entities [960 - 960.8] ( Chapter 5 added by Stats. 1963, Ch. 1805. ) ## 960.4. Upon receipt of the copies of process pursuant to Section 960.3, the Secretary of State shall give notice of the service of the process to the governing body of the public agency at its principal office in this state, by forwarding to such office, by registered mail with request for return receipt, a copy of the process. If the only address disclosed by the records of the Secretary of State of the principal office of the governing body of the public agency is the county in which it is situated, then the process shall be mailed to the county seat, addressed to the public agency in care of the county clerk, or it may be mailed to any address for the public agency specified in the court order. If the process is mailed in care of the county clerk, the county clerk shall promptly send it to the public agency at its address within the county, if known to him, and if unknown shall cause the process to be posted at the courthouse of the county for 30 days. If the records of the Secretary of State disclose no address for the public agency, then the Secretary of State shall mail a copy of the process to the county clerk of either (a) the county in which the transaction or occurrence took place, or (b) the county where real property of the agency is situated, and the county clerk shall promptly send the process to the public agency at its address within the county, if known to him, or if unknown shall cause the process to be posted at the courthouse of the county for 30 days. Upon receipt of such copies of process, the Secretary of State shall immediately forward to the Attorney General a copy of all papers served upon him. The Attorney General, upon receipt of any such process, may locate the responsible officers of the public agency involved, and the governing body of such public agency may relieve the Attorney General of any further responsibility hereunder, and may designate any other attorneys to defend said action or take such other action as they may determine. (Amended by Stats. 1965, Ch. 653.)
  111. 960.5.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Special Provisions Relating to Actions Against Local Public Entities [960 - 960.8] ( Chapter 5 added by Stats. 1963, Ch. 1805. )

    Verify source ↗

    The Attorney General must defend the public agency until relieved under Section 960.4 or until final judgment, may delegate that responsibility to a willing county counsel or district attorney, and costs and expenses are charged to the public agency.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Special Provisions Relating to Actions Against Local Public Entities [960 - 960.8] ( Chapter 5 added by Stats. 1963, Ch. 1805. ) ## 960.5. The Attorney General, until he is relieved of further responsibility in the manner provided in Section 960.4, or until the matter has been reduced to final judgment, shall have the duty to defend such public agency by taking whatever steps he considers appropriate or necessary. The Attorney General, until he is so relieved of further responsibility, shall have full authority to bind the public agency by stipulation or admission. The Attorney General may delegate his responsibility hereunder in any particular case, to any county counsel or district attorney willing to accept such delegation. When such responsibility has been delegated, the district attorney or county counsel, as the case may be, shall have the same power and authority with reference to the matter as is hereinabove provided for the Attorney General. All costs and expenses, without limitation, of the Attorney General or district attorney or county counsel, pursuant to this chapter shall be a charge against the public agency in whose behalf he appears. (Added by Stats. 1963, Ch. 1805.)
  112. 960.8.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Special Provisions Relating to Actions Against Local Public Entities [960 - 960.8] ( Chapter 5 added by Stats. 1963, Ch. 1805. )

    Verify source ↗

    Service of process against a public agency may be made using the information in its Registry of Public Agencies statement on file.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Special Provisions Relating to Actions Against Local Public Entities [960 - 960.8] ( Chapter 5 added by Stats. 1963, Ch. 1805. ) ## 960.8. Service of process in an action or proceeding against a public agency may be made in conformity with the information contained in the statement in the Registry of Public Agencies pertaining to that public agency which is on file at the time of that service. Service in this manner, if otherwise made in compliance with law, constitutes personal service upon the public agency. As used in this section, “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 that statement or amended statement is on file. (Amended by Stats. 2019, Ch. 329, Sec. 5. (SB 780) Effective January 1, 2020.)
  113. 9600.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section sets when statutes take effect after enactment, with different timing for regular sessions, special sessions, and certain urgency or fiscal statutes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 9600. (a) Except as provided in subdivision (b), a statute enacted at a regular session shall go into effect on January 1 next following a 90-day period from the date of enactment of the statute and a statute enacted at a special session shall go into effect on the 91st day after adjournment of the special session at which the bill was passed. (b) Statutes calling elections, statutes providing for tax levies or appropriations for the usual current expenses of the state, and urgency statutes shall go into effect immediately upon their enactment. (Amended by Stats. 1973, Ch. 7.)
  114. 9602.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Concurrent and joint resolutions take effect when filed with 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 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 9602. Every concurrent and joint resolution takes effect upon the filing of it with the Secretary of State. (Amended by Stats. 1967, Ch. 123.)
  115. 9603.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section says the general rules for interpreting statutes are found in the preliminary provisions of the different codes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 9603. The general rules for the construction of statutes are contained in the preliminary provisions of the different codes. (Enacted by Stats. 1943, Ch. 134.)
  116. 9604.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If a statute’s provisions are carried into another statute as restatements and continuations rather than new enactments, later references to those provisions are treated as references to the restatements and continuations unless a contrary intent appears.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 9604. When the provisions of one statute are carried into another statute under circumstances in which they are required to be construed as restatements and continuations and not as new enactments, any reference made by any statute, charter or ordinance to such provisions shall, unless a contrary intent appears, be deemed a reference to the restatements and continuations. (Enacted by Stats. 1943, Ch. 134.)
  117. 9605.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section explains how amended statutes are treated: amended text is not treated as repealed and reenacted, and in certain same-session conflicts the later statute or higher chapter number prevails.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 9605. (a) (1) When a section or part of a statute is amended, it is not to be considered as having been repealed and reenacted in the amended form. The unaltered provisions are to be considered as having been the law from the time when those provisions were enacted. The new provisions are to be considered as having been enacted at the time of the amendment. The omitted provisions are to be considered as having been repealed at the time of the amendment. (2) When the same section or part of a statute is amended by two or more acts enacted at the same session, any portion of provisions from an earlier one of those successive acts that are omitted by a subsequent act shall be deemed to have been omitted deliberately and any provisions omitted by an earlier act that are restored by a subsequent act shall be deemed to have been restored deliberately. (b) When the same section or part of a statute is amended by two or more statutes enacted at the same session: (1) In the absence of any express provision to the contrary in the statute that is enacted last, it shall be conclusively presumed that the statute that is enacted last is intended to prevail over statutes that are enacted earlier at the same session. (2) In the absence of any express provision to the contrary in the statute with a higher chapter number, it shall be presumed that the statute with a higher chapter number is intended by the Legislature to prevail over a statute that is enacted at the same session with a lower chapter number. For the purposes of this paragraph, every statute enacted in the even-numbered year of a two-year regular session of the Legislature is deemed to bear a higher chapter number than any statute enacted in the odd-numbered year of that session. (Amended by Stats. 2022, Ch. 28, Sec. 59. (SB 1380) Effective January 1, 2023.)
  118. 9606.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A statute may be repealed at any time, unless that would impair vested rights.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 9606. Any statute may be repealed at any time, except when vested rights would be impaired. Persons acting under any statute act in contemplation of this power of repeal. (Enacted by Stats. 1943, Ch. 134.)
  119. 9607.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A repealed statute does not come back into force just because the repealing statute is later repealed, unless the law uses express words reviving it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 9607. (a) Except as provided in subdivision (b), no statute or part of a statute, repealed by another statute, is revived by the repeal of the repealing statute without express words reviving such repealed statute or part of a statute. (b) If a later enacted statute that deletes or extends the date of termination or repeal of a previously enacted law is chaptered before such date of termination or repeal, the terminated or repealed law is revived when the later enacted statute becomes operative. (Amended by Stats. 1973, Ch. 10.)
  120. 9608.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Ending or suspending a law that created a criminal offense does not by itself stop prosecution or punishment for acts already committed under that law, unless another law expressly says it does.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 9608. The termination or suspension (by whatsoever means effected) of any law creating a criminal offense does not constitute a bar to the indictment or information and punishment of an act already committed in violation of the law so terminated or suspended, unless the intention to bar such indictment or information and punishment is expressly declared by an applicable provision of law. (Amended by Stats. 1943, Ch. 381.)
  121. 9609.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A statute that amends a section of a repealed statute is void.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 9609. A statute amending a section of a repealed statute is void. (Enacted by Stats. 1943, Ch. 134.)
  122. 9610.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A statute that sets or authorizes a State officer’s or employee’s salary is not itself an appropriation, and the salary may be paid only if another law makes funds available.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 9610. The fixing or authorizing the fixing of the salary of a State officer or employee by statute is not intended to and does not constitute an appropriation of money for the payment of the salary. The salary shall be paid only in the event that moneys are made available therefor by another provision of law. (Enacted by Stats. 1943, Ch. 134.)
  123. 96100.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 1. General Provisions [96100 - 96101] ( Article 1 added by Stats. 1992, Ch. 901, Sec. 1. )

    Verify source ↗

    This section gives the act its short title: the California Academic Volunteer and Mentor Service Act of 1992.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 1. General Provisions [96100 - 96101] ( Article 1 added by Stats. 1992, Ch. 901, Sec. 1. ) ## 96100. This act shall be known, and may be cited, as the “California Academic Volunteer and Mentor Service Act of 1992.” (Added by Stats. 1992, Ch. 901, Sec. 1. Effective January 1, 1993.)
  124. 96101.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 1. General Provisions [96100 - 96101] ( Article 1 added by Stats. 1992, Ch. 901, Sec. 1. )

    Verify source ↗

    The Legislature states that California children should be supported by caring adults, that families remain primarily responsible for childrearing, and that volunteer and mentor services should be encouraged and recognized.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 1. General Provisions [96100 - 96101] ( Article 1 added by Stats. 1992, Ch. 901, Sec. 1. ) ## 96101. The Legislature finds and declares all of the following: (a) Every California child is encouraged to have a caring adult who, along with parents and teachers, is able to offer support, friendship, encouragement, and motivation to help the child excel academically and lead a productive life. (b) As a society, we look to a child’s family to provide a supportive home environment and realize that the primary responsibility for childrearing must remain with the family. However, we are keenly aware of increases in child abuse and neglect, the escalation of drug and alcohol abuse, and that many children who could excel in school are not receiving all the help and support they need to succeed. (c) Untapped human resources exist in local communities throughout the state that can provide many children with an additional caring person, in support of the family and school system, to volunteer as a positive academic role model or mentor. These individuals will help those children progress in school and help direct and reinforce the many opportunities that will further enhance each child’s life. (d) The private sector throughout California should be commended for its generous financial support of public schools. Now there is another significant contribution they can and must make to California’s children and youth— the investment of human capital in our children’s future as academic volunteers and mentors. (e) Programs such as the 100 Black Men, which provides encouragement and support to children through the use of mentors, have resulted in significant increases in graduation rates at the secondary level and in much improved enrollment rates in postsecondary education for some of our most vulnerable youth. (f) Local, regional, and statewide resource referral systems must be established to more efficiently link children and potential academic volunteers and mentors with existing programs and organizations. (g) Volunteer and mentor service must be encouraged and appropriately recognized. (Added by Stats. 1992, Ch. 901, Sec. 1. Effective January 1, 1993.)
  125. 96102.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 2. Administration [96102- 96102.] ( Article 2 added by Stats. 1992, Ch. 901, Sec. 1. )

    Verify source ↗

    The Governor must administer the Academic Volunteer and Mentor Service Program and carry out several statewide planning, funding, outreach, and resource-directory tasks.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 2. Administration [96102- 96102.] ( Article 2 added by Stats. 1992, Ch. 901, Sec. 1. ) ## 96102. In order to develop a statewide strategy to provide academic support and guidance to each child who requires it, there is hereby created the Academic Volunteer and Mentor Service Program, to be administered by the office of the Governor. The Governor shall do all of the following: (a) Develop a statewide plan with the goal of matching every child who needs one with an academic mentor. For purposes of this chapter, “academic mentor” or “academic volunteer and mentor” means a volunteer who, as a participant in a local project funded under this chapter, supports the needs of the individual child with whom the volunteer is matched, including, but not limited to, strengthening the child’s academic preparation and achievement. (b) Develop state standards for the operation of local projects for the provision of academic volunteer and mentor services. (c) Develop a system for funding school districts and county superintendents of schools. These procedures shall be based on local need, including, but not limited to, all of the following indicators: (1) Size of schoolage population. (2) School dropout rates. (3) Pupil achievement. (d) Develop and implement a statewide public awareness and recruitment campaign for academic mentors. (e) Develop and implement a strategy to encourage and promote state employees to become academic mentors within their community. (f) Compile a statewide resource directory of successful academic mentor programs and organizations. (Amended by Stats. 1995, Ch. 308, Sec. 23. Effective August 3, 1995.)
  126. 96109.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 4. Local Projects [96109 - 96110] ( Article 4 added by Stats. 1992, Ch. 901, Sec. 1. )

    Verify source ↗

    The Governor’s office must award grants for the academic volunteer and mentor service program, and recipients must use the money only for mentor recruitment, screening, training, placement, and program evaluation.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 4. Local Projects [96109 - 96110] ( Article 4 added by Stats. 1992, Ch. 901, Sec. 1. ) ## 96109. (a) The office of the Governor shall award grants to school districts and county superintendents of schools to administer the academic volunteer and mentor service program within the jurisdiction of each school district and county superintendents of schools to which a grant is awarded. (b) Grant funding awarded under this chapter shall be expended exclusively for the recruitment, screening, training, and placement of academic mentors in accordance with the purposes of this chapter, and for evaluation of the program established in this chapter. Each entity receiving grant funding under this chapter shall consult, and cooperate with, any teacher in whose classroom it is proposed that an academic mentor be placed. (c) No funds appropriated for the purposes of this chapter shall be allocated to any private school. (d) No displacement of any certificated or classified school employee shall occur as a result of the use of any academic mentor pursuant to this chapter. (Amended by Stats. 1995, Ch. 308, Sec. 26. Effective August 3, 1995.)
  127. 9611.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If a law is temporarily suspended or replaced only for a limited time, the original law is not treated as repealed and resumes full effect when the temporary change ends.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 9611. Notwithstanding any other provision of this chapter, whenever a provision of law is temporarily suspended, or is expressly or impliedly modified or repealed by a provision which is declared to be effective for only a limited period, the original provisions are not to be deemed repealed, but upon the expiration of the time of the temporary suspension or the effectiveness of the inconsistent provision, the original provision shall have the same force and effect as if the temporary provision had not been enacted. (Added by Stats. 1943, Ch. 385.)
  128. 96110.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 4. Local Projects [96109 - 96110] ( Article 4 added by Stats. 1992, Ch. 901, Sec. 1. )

    Verify source ↗

    Grant applicants must file the required application, meet religious-neutral funding conditions, and include specified application information. Recipients must follow Governor-developed standards.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 4. Local Projects [96109 - 96110] ( Article 4 added by Stats. 1992, Ch. 901, Sec. 1. ) ## 96110. (a) Any school district or county superintendents of schools desiring a grant under this article shall submit an application at the time, in the manner, and with the information that the office of the Governor may require. No funding shall be made available to any entity pursuant to this chapter unless all of the following conditions apply: (1) The project facility and services are open to children without regard to any child’s religious beliefs or any other factor related to religion. (2) No religious instruction is included in the project. (3) The space in which the project is operated is not utilized in any manner to foster religion during the time used for the project. (b) Each application shall include all of the following: (1) A description of activities for which assistance is requested. (2) A list of coapplicants, if any. (3) The number of children expected to be served. (4) A statement of goals of the program to be supported by the grant. (5) A statement of the applicant’s experience in the recruitment, placement, and training of volunteers and mentors. School districts and county superintendents of schools may contract with nonprofit organizations, experienced in operating volunteer mentor projects, for program operations. (6) A statement of how the applicant intends to recruit, screen, train, and place academic mentors. (7) A statement of how the entity will ensure that (A) academic volunteers and mentors will be required to undergo the same criminal and health checks that school employees are subject to prior to employment, and (B) no displacement of existing school employees will occur as a result of the use of academic volunteers and mentors. (8) A statement of the efforts the applicant will make to maximize the use of existing state, federal, and local funds from both public and private sources for the purposes of the project. (9) A plan for integration of the applicant’s efforts with other community-based children’s services. (c) Each recipient of grant funding under this chapter shall comply with the standards developed by the office of the Governor pursuant to subdivision (b) of Section 96102. (Amended by Stats. 1995, Ch. 308, Sec. 27. Effective August 3, 1995.)
  129. 96111.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 5. Governor’s Award for Outstanding Academic Volunteer and Mentor Service [96111 - 96112] ( Article 5 added by Stats. 1992, Ch. 901, Sec. 1. )

    Verify source ↗

    The Governor may give an award to recognize outstanding academic volunteer or mentor service in schools.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 5. Governor’s Award for Outstanding Academic Volunteer and Mentor Service [96111 - 96112] ( Article 5 added by Stats. 1992, Ch. 901, Sec. 1. ) ## 96111. Outstanding academic volunteer and mentor service should be encouraged and recognized. For that purpose, the Governor is authorized to provide an award to recognize outstanding academic volunteer or mentor service in the schools for the 1993–94 fiscal year and for each subsequent fiscal year. The award shall be called the Governor’s Award for Excellence in Academic Volunteer and Mentor Service. (Added by Stats. 1992, Ch. 901, Sec. 1. Effective January 1, 1993.)
  130. 96112.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 5. Governor’s Award for Outstanding Academic Volunteer and Mentor Service [96111 - 96112] ( Article 5 added by Stats. 1992, Ch. 901, Sec. 1. )

    Verify source ↗

    Local planning councils may nominate eligible individuals or programs for the Governor’s award, and any nomination they submit must be filed with the Governor’s office by January 1 each year.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 5. Governor’s Award for Outstanding Academic Volunteer and Mentor Service [96111 - 96112] ( Article 5 added by Stats. 1992, Ch. 901, Sec. 1. ) ## 96112. Each local planning council may nominate, to be considered for the Governor’s Award for Excellence in Academic Volunteer and Mentor Service, an individual or individual program that has had significant and positive impact upon the lives of children. A local planning council desiring to submit a nomination for consideration shall submit to the office of the Governor the name of the individual or organization and the reasons for the nomination, for consideration on or before January 1 of each year. (Added by Stats. 1992, Ch. 901, Sec. 1. Effective January 1, 1993.)
  131. 96114.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 6. Funding [96114- 96114.] ( Article 6 added by Stats. 1992, Ch. 901, Sec. 1. )

    Verify source ↗

    Funding for this chapter is intended to be included in the annual Budget Act, and no more than 5% of appropriated funds for the chapter may be used for the Governor’s Office administrative expenses.

    ## Government Code - GOV ## TITLE 15. OFFICE OF CHILD DEVELOPMENT AND EDUCATION [96100 - 96114] ( Title 15 added by Stats. 1992, Ch. 901, Sec. 1. ) ## CHAPTER 3. Academic Volunteers and Mentors [96100 - 96114] ( Chapter 3 added by Stats. 1992, Ch. 901, Sec. 1. ) ## ARTICLE 6. Funding [96114- 96114.] ( Article 6 added by Stats. 1992, Ch. 901, Sec. 1. ) ## 96114. (a) It is the intent of the Legislature that funding for purposes of this chapter be appropriated in the annual Budget Act. (b) Of any amount appropriated for the purposes of this chapter for any fiscal year, an amount not exceeding five percent may be applied to the administrative expenses of the office of the Governor with regard to this chapter. To the extent that the amount made available pursuant to this subdivision is not sufficient to meet those administrative expenses, the responsibilities of the office of the Governor under this chapter shall be performed, to the extent feasible, with funding from other available sources. (Added by Stats. 1992, Ch. 901, Sec. 1. Effective January 1, 1993.)
  132. 9612.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section says that, unless the context requires otherwise, certain references to military terms in a statute are treated as including the United States Air Force.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Operation of Statutes and Resolutions [9600 - 9612] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 9612. Unless the context otherwise requires whenever the terms United States Army, Army of the United States, United States Navy, or military service appear in a statute whether singly or any combination of them, they shall be deemed to include the United States Air Force. (Added by Stats. 1951, Ch. 165.)
  133. 962.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Postjudgment Settlement Conference [962- 962.] ( Chapter 6 added by Stats. 1987, Ch. 1204, Sec. 2. )

    Verify source ↗

    After a verdict over $100,000 against a public entity in a personal injury or wrongful death case, the public entity may request a mandatory settlement conference, and the court must set the conference date.

    ## 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 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [940 - 962] ( Part 4 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Postjudgment Settlement Conference [962- 962.] ( Chapter 6 added by Stats. 1987, Ch. 1204, Sec. 2. ) ## 962. Upon entry of a verdict against a public entity in excess of one hundred thousand dollars ($100,000) in an action for personal injury or wrongful death, the public entity may, within the time set in Section 659 of the Code of Civil Procedure, request in writing a mandatory settlement conference for the purpose of discussing available methods by which the judgment shall be satisfied. The court shall then set a date for the conference. The request may be noticed with any motions pursuant to Sections 984 and 985 of the Government Code or Section 659 of the Code of Civil Procedure. At the conference the parties shall negotiate in good faith and shall review and consider structured payment plans presented by either party. The conference shall not occur until after determination of any motion for a new trial, motion for judgment notwithstanding the verdict, motion for remittitur and motion for additur, but shall occur before hearing on any motions pursuant to Sections 984 and 985. The Judicial Council shall adopt rules providing for a reasonable extension of the time for filing the notice of appeal from a judgment on the verdict to permit a request for the mandatory settlement conference and the mandatory settlement conference itself. (Added by Stats. 1987, Ch. 1204, Sec. 2.)
  134. 965.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This section sets out who must process and report claims and judgments against the state, and when funds or legislative action are needed to pay them.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## 965. (a) Upon the allowance by the Department of General Services of all or part of a claim for which the Director of Finance certifies that a sufficient appropriation for the payment of the claim exists, and the execution and presentation of documents the department may require that discharge the state of all liability under the claim, the department shall designate the fund from which the claim is to be paid, and the state agency concerned shall pay the claim from that fund. If there is no sufficient appropriation for the payment available, the department shall report to the Legislature in accordance with Section 912.8. Claims arising out of the activities of the State Department of Transportation may be paid if either the Director of Transportation or the Director of Finance certifies that a sufficient appropriation for the payment of the claim exists. (b) Notwithstanding subdivision (a), if there is no sufficient appropriation for the payment of claims, settlements, or judgments against the state arising from an action in which the state is represented by the Attorney General, the Attorney General shall report the claims, settlements, and judgments to the chairperson of either the Senate Committee on Appropriations or the Assembly Committee on Appropriations, who shall cause to be introduced legislation appropriating funds for the payment of the claims, settlements, or judgments. (c) Notwithstanding subdivision (a) or (b), claims, settlements, or judgments arising out of the activities of a judicial branch entity, as defined by Sections 900.3 and 940.3, or a judge thereof may be paid if the Judicial Council authorizes payment and the Administrative Director of the Courts certifies that sufficient funds for that payment exist from funds allocated to settlement, adjustment, and compromise of actions and claims. If sufficient funds for payment of settlements or judgments do not exist, the Administrative Director of the Courts shall report the settlements and judgments to the chairperson of either the Senate Committee on Appropriations or the Assembly Committee on Appropriations, who shall cause to be introduced legislation appropriating funds for the payment of the settlements or judgments. If sufficient funds for payment of claims do not exist, the Administrative Director of the Courts shall report the claims to the Department of General Services, which shall have 90 days to object to payment. The Administrative Director of the Courts shall confer with the Director of General Services regarding any objection received during the 90-day period. If the Department of General Services withdraws the objection, or if no objection was received, the Administrative Director of the Courts shall report the claims to the chairperson of either the Senate Committee on Appropriations or the Assembly Committee on Appropriations, who shall cause to be introduced legislation appropriating funds for the payment of the claims. The Judicial Council may authorize any committee of the Judicial Council or any employee of the Administrative Office of the Courts to perform the functions of the Judicial Council under this section. The Administrative Director of the Courts may designate an executive staff member of the Administrative Office of the Courts to perform the functions of the Administrative Director of the Courts under this section. (Amended by Stats. 2016, Ch. 31, Sec. 53. (SB 836) Effective June 27, 2016.)
  135. 965.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The Director of General Services may allow certain claims, or reject them, if the settlement amount does not exceed $50,000.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## 965.1. The Director of General Services may allow a claim filed pursuant to subdivision (c) of Section 905.2 if the settlement amount of that claim does not exceed fifty thousand dollars ($50,000), or to reject any claim as so described. (Amended by Stats. 2016, Ch. 31, Sec. 54. (SB 836) Effective June 27, 2016.)
  136. 965.2.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The Controller must issue warrants to pay certain final judgments or settlements when the required funding certification is made, and some claims are exempt from Section 925.6.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## 965.2. (a) The Controller shall draw a warrant for the payment of any final judgment or settlement against the state whenever the Director of Finance certifies that a sufficient appropriation for the payment of the judgment or settlement exists. Claims upon those judgments and settlements are exempt from Section 925.6. Claims arising out of the activities of the State Department of Transportation may be paid if either the Director of Transportation or the Director of Finance certifies that a sufficient appropriation for the payment of the claim exists. (b) Notwithstanding subdivision (a), the Controller shall draw a warrant for the payment of any final judgment or settlement based on claims arising out of the activities of a judicial branch entity, as defined by Sections 900.3 and 940.3, or a judge thereof, whenever the Administrative Director of the Courts certifies that sufficient funds for that payment exist from funds allocated to settlement, adjustment, and compromise of actions and claims. Claims upon those judgments and settlements are exempt from Section 925.6. Claims arising out of the activities of a judicial branch entity, as defined by Sections 900.3 and 940.3, or a judge thereof, may be paid if the Administrative Director of the Courts certifies that sufficient funds for the payment exist from funds allocated to settlement, adjustment, and compromise of actions and claims. The Administrative Director of the Courts may designate an executive staff member of the Administrative Office of the Courts to perform the certification of funds pursuant to this section. (Amended by Stats. 2002, Ch. 1007, Sec. 18. Effective January 1, 2003.)
  137. 965.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. )

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    The Attorney General must notify the Controller in writing after covered claims have been paid, and the Controller must let any remaining balance revert to the original fund at the end of the fiscal year. If an appropriation was too large for a settlement or judgment, the excess must also revert to that fund.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## 965.3. (a) The Attorney General shall notify the Controller in writing when all claims for which an appropriation is made to the the Department of Justice or the Attorney General pursuant to subdivision (b) of Section 965 have been paid. The Controller shall, at the close of the fiscal year in which notice of payment is received from the Attorney General, cause any undisbursed balance to revert to the fund from which the appropriation was made. (b) Whenever an appropriation exceeds the actual amount necessary to satisfy a settlement in accordance with the settlement agreement or a judgment, the excess shall revert to the fund from which the appropriation was made. (Added by Stats. 1990, Ch. 1244, Sec. 1. Effective September 24, 1990.)
  138. 965.4.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The Governor must report all previously unreported judgments or settlements against the State to the Legislature at each session.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## 965.4. The Governor shall report to the Legislature, at each session, all judgments or settlements against the State not theretofore reported. (Added by Stats. 1963, Ch. 1715.)
  139. 965.5.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Money judgments against the state or a state agency can be enforced for 10 years, interest starts 180 days after the final judgment or settlement, and a special interest formula applies to tax or fee judgments unless another statute says otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## 965.5. (a) A judgment for the payment of money against the state or a state agency is enforceable until 10 years after the time the judgment becomes final or, if the judgment is payable in installments, until 10 years after the final installment becomes due. (b) A judgment for the payment of money against the state or a state agency is not enforceable under Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure, but is enforceable under this chapter. (c) Interest on the amount of a judgment or settlement for the payment of moneys against the state shall commence to accrue 180 days from the date of the final judgment or settlement. (d) Unless another statute provides a different interest rate, interest on a tax or fee judgment for the payment of moneys against the state shall accrue at a rate equal to the weekly average one year constant maturity United States Treasury yield at the time of the judgment plus 2 percent, but shall not exceed 7 percent per annum. (e) Subdivisions (c) and (d) shall not apply to any claim approved by the Department of General Services. (Amended by Stats. 2016, Ch. 31, Sec. 55. (SB 836) Effective June 27, 2016.)
  140. 965.6.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Courts generally may not require the state, a judicial branch entity, or their officers or employees to pay or offset a tort claim, settlement, or judgment unless one of the listed authorization or certification conditions is met.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## 965.6. Notwithstanding any other provision of law, neither the state nor a judicial branch entity, nor any officers or employees thereof, may be required by any court in any proceeding to pay or offset a tort liability claim, settlement, or judgment for which the state or judicial branch entity is liable, unless one of the following conditions exists: (a) The Legislature has authorized the payment or offset of the specific tort liability claim, settlement, or judgment. (b) The Director of Finance, or the Director of Transportation for claims arising out of the activities of the Department of Transportation, has certified that a sufficient appropriation for the payment of the claim, settlement, or judgment or to provide for that offset exists. This subdivision does not apply to claims arising out of the activities of a judicial branch entity or a judge thereof. (c) In the case of claims arising out of the activities of a judicial branch entity, as defined in Sections 900.3 and 940.3, or a judge thereof, the Administrative Director of the Courts has certified that sufficient funds for payment of the claim, settlement, or judgment, or to provide for that offset, exist from funds allocated to settlement, adjustment, and compromise of pending actions and claims. The Administrative Director of the Courts may designate an executive staff member of the Administrative Office of the Courts to perform the certification of funds pursuant to this section. (Amended by Stats. 2002, Ch. 1007, Sec. 19. Effective January 1, 2003.)
  141. 965.65.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    When a covered claim over $35,000 is involved, the agency must report prevention actions to the Director of Finance; for certain judicial-branch claims, the Administrative Director of the Courts must report to the Judicial Council instead.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## 965.65. (a) If a request is made for certification of availability of funds, approval of a settlement, or inclusion of a claim in a claims bill pursuant to Section 948, 965, or 965.2 for a claim in excess of thirty-five thousand dollars ($35,000) against the state which arose from the activities of any state agency or employee, the agency shall report to the Director of Finance concerning any action it has taken or proposes to take to prevent the future occurrence of circumstances similar to those upon which the claim was based, including any imposition of disciplinary action. (b) This section does not apply to a judicial branch entity, as defined in Sections 900.3 and 940.3, or claims arising out of the activities of a judicial branch entity or a judge or employee thereof. However, in the case of the categories of claims and settlements described in subdivision (a) arising out of activities of a judicial branch entity or a judge, court executive officer, or employee thereof, the Administrative Director of the Courts shall report to the Judicial Council concerning any action the Administrative Office of the Courts has taken or proposes to take to prevent the future occurrence of circumstances similar to those upon which the claim was based, including any imposition of disciplinary action. (Amended by Stats. 2002, Ch. 1007, Sec. 20. Effective January 1, 2003.)
  142. 965.7.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A writ of mandate can be used to compel the state, or a state officer or employee, to do acts required by 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## 965.7. (a) A writ of mandate is an appropriate remedy to compel the state, or an officer or employee of the state, to perform any act required by this chapter. (b) Nothing in this division affects the discretion of the Legislature in determining whether or not to: (1) Make an appropriation for the payment of a claim, compromise, settlement, or judgment or to provide an offset for a claim, compromise, settlement, or judgment. (2) Authorize such a payment or offset. (Added by Stats. 1980, Ch. 215.)
  143. 965.8.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    If this division requires a finance or transportation certificate that enough money is appropriated, a writ of mandate can be used to compel the director to certify when that appropriation actually exists.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## 965.8. Where any provision of this division requires a certificate of the Director of Finance or the Director of Transportation that a sufficient appropriation exists for the payment of a claim, settlement, compromise, or judgment or requires a certificate of the Director of Finance or the Director of Transportation that a sufficient appropriation exists to provide for an offset, a writ of mandate is an appropriate remedy to compel the Director of Finance or the Director of Transportation to so certify if a sufficient appropriation in fact exists for that purpose. (Amended by Stats. 1985, Ch. 778, Sec. 5.)
  144. 965.9.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This chapter does not apply to claims, settlements, or judgments against the Regents of the University of California.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 1. Payment of Claims and Judgments Against the State [965 - 965.9] ( Chapter 1 added by Stats. 1963, Ch. 1715. ) ## 965.9. This chapter does not apply to claims, settlements, and judgments against the Regents of the University of California. (Added by Stats. 1980, Ch. 215.)
  145. 970.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This section defines “fiscal year,” “judgment,” and “local public entity” for this article.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 970. As used in this article: (a) “Fiscal year” means a year beginning on July 1 and ending on June 30 unless the local public entity has adopted a different fiscal year as authorized by law, in which case “fiscal year” means the fiscal year adopted by such local public entity. (b) “Judgment” means a final judgment for the payment of money rendered against a local public entity. (c) “Local public entity” includes a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state, but does not include the Regents of the University of California and does not include the state or any office, officer, department, division, bureau, board, commission or agency of the state claims against which are paid by warrants drawn by the Controller. (Amended by Stats. 1980, Ch. 215.)
  146. 970.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A judgment is enforceable for 10 years after it becomes final, or 10 years after the final installment is due if paid in installments. Interest on a tax or fee judgment against a local public entity follows a Treasury-yield-based rate, capped at 7% per year, unless another statute sets a different rate.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 970.1. (a) A judgment is enforceable until 10 years after the time the judgment becomes final or, if the judgment is payable in installments, until 10 years after the final installment becomes due. (b) A judgment, whether or not final, is not enforceable under Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure but is enforceable under this article after it becomes final. (c) Unless another statute provides a different interest rate, interest on a tax or fee judgment against a local public entity shall accrue at a rate equal to the weekly average one year constant maturity United States Treasury yield at the time of the judgment plus 2 percent, but shall not exceed 7 percent per annum. (Amended by Stats. 2013, Ch. 424, Sec. 3. (AB 748) Effective January 1, 2014.)
  147. 970.2.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A local public entity must pay any judgment according to this article.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 970.2. A local public entity shall pay any judgment in the manner provided in this article. A writ of mandate is an appropriate remedy to compel a local public entity to perform any act required by this article. (Amended by Stats. 1975, Ch. 285.)
  148. 970.4.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A local public entity’s governing body must pay a final judgment, plus interest, if funds are available in the fiscal year when the judgment becomes final, subject to Section 970.6.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 970.4. Except as provided in Section 970.6, the governing body of a local public entity shall pay, to the extent funds are available in the fiscal year in which it becomes final, any judgment, with interest thereon, out of any funds to the credit of the local public entity that are: (a) Unappropriated for any other purpose unless the use of such funds is restricted by law or contract to other purposes; or (b) Appropriated for the current fiscal year for the payment of judgments and not previously encumbered. (Amended by Stats. 1980, Ch. 215.)
  149. 970.5.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    If a local public entity does not pay a judgment, the governing body must pay it, with interest, in the next fiscal year when funds are available, unless Section 970.6 applies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 970.5. Except as provided in Section 970.6, if a local public entity does not pay a judgment, with interest thereon, during the fiscal year in which it becomes final, the governing body shall pay the judgment, with interest thereon, during the ensuing fiscal year immediately upon the obtaining of sufficient funds for that purpose. (Added by Stats. 1980, Ch. 215.)
  150. 970.6.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A court may order a judgment paid in up to 10 equal annual installments, with interest, if specified hardship findings are made.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 970.6. (a) The court which enters the judgment shall order that the governing body pay the judgment, with interest thereon, in not exceeding 10 equal annual installments if both of the following conditions are satisfied: (1) The governing body of the local public entity has adopted an ordinance or resolution finding that an unreasonable hardship will result unless the judgment is paid in installments. (2) The court, after hearing, has found that payment of the judgment in installments as ordered by the court is necessary to avoid an unreasonable hardship. (b) Each installment payment shall be of an equal amount, consisting of a portion of the principal of the judgment and the unpaid interest on the judgment to the date of the payment. 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.)
  151. 970.8.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Local public entities must budget enough funds each fiscal year to pay judgments, and in some cases another local public entity must make a pro rata appropriation to help pay the judgment.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 970.8. (a) Each local public entity shall in each fiscal year include in its budget a provision to provide funds in an amount sufficient to pay all judgments in accordance with this article. (b) If all or any portion of the revenue used for the maintenance and operation of a local public entity (other than an entity created by an agreement described in Section 895) liable for a judgment is derived from appropriations of another local public entity, such other local public entity shall in each fiscal year appropriate funds equal to its pro rata share of an amount sufficient to permit the local public entity liable for the judgment to pay the judgment in accordance with this article. Such amount shall be paid to the local public entity liable for the judgment and shall be used by such entity to satisfy the judgment. The pro rata share of such other local public entity for each judgment is an amount bearing the same proportion to the total amount of the judgment as the revenue derived from such other local public entity for maintenance and operation during the fiscal year in which the cause of action on such judgment accrued bears to the total revenues used for maintenance and operation during such fiscal year of the local public entity liable for the judgment. For this purpose, such other local public entity shall include in its budget a provision to provide funds sufficient in amount to make the appropriation and payment required by this section. (Amended by Stats. 1980, Ch. 215.)
  152. 9700.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Printing ordered by the Legislature, Senate, or Assembly must follow the joint rules and the applicable rules of the respective houses. After final adjournment, the rules in force at adjournment keep governing until new rules are adopted at the next session.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 9700. All printing ordered by the Legislature or the Senate or Assembly, and all printing to be charged to legislative printing shall be governed by the joint rules and by the rules of the respective houses insofar as applicable. After final adjournment, the rules in effect at the time of adjournment shall continue to govern until the adoption of rules at the subsequent session. (Added by Stats. 1945, Ch. 111.)
  153. 9701.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    A receipt from the Secretary of the Senate or the Chief Clerk of the Assembly is enough to serve as a voucher for printing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 9701. The receipt of the Secretary of the Senate or Chief Clerk of the Assembly is a sufficient voucher for printing for any work done for the house of which the person issuing the receipt is an officer. (Amended by Stats. 1973, Ch. 7.)
  154. 9702.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Before a legislative session convenes, the Secretary of the Senate and the Chief Clerk of the Assembly must order printing of approved bills and constitutional amendments when requested by the relevant members; some post-election bill requests do not need prior committee approval if the requester certifies intent to introduce 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 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 9702. The Secretary of the Senate, in the case of Members and Members-elect of the Senate, and the Chief Clerk of the Assembly, in the case of Members and Members-elect of the Assembly, shall, prior to the convening of any session of the Legislature, order the printing of all legislative bills and constitutional amendments which have been approved for printing by the Committee on Rules of the Senate, upon the request of Members and Members-elect of the Senate, or the Committee on Rules of the Assembly, upon the request of Members and Members-elect of the Assembly; provided, that such approval shall not be required as to requests for the printing of bills where such requests are made after the general election by members or members-elect who certify in writing that they intend to introduce such bills at the convening of the session. They shall be printed by the State Printing Office, and the cost paid out of the appropriation for legislative printing. (Amended by Stats. 1955, Ch. 299.)
  155. 9703.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The State Printing Office must print specified laws and legislative documents.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 9703. The State Printing Office shall print the laws, including initiative measures adopted by the people, public documents ordered to be printed by the Legislature, the Journals of the Senate and Assembly, and bills, resolutions, and other printing ordered by the Senate or Assembly. (Added by Stats. 1945, Ch. 111.)
  156. 9704.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Money from sales of certain documents must be credited to the General Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 9704. Proceeds from sales of all documents, the cost of publication of which is or has been paid from any appropriation for legislative printing, shall be credited to the General Fund. (Amended by Stats. 1961, Ch. 870.)
  157. 9705.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Assembly-sponsored publications must show the names and titles of specified Assembly officers on the frontpiece.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 9705. The general officers of the Assembly whose names and titles shall appear on the frontpiece of all publications sponsored in whole or in part by the Assembly, are: (a) The Speaker (b) The Speaker pro Tempore (c) The Majority Floor Leader (d) The Minority Floor Leader (e) The Chief Clerk. (Added by Stats. 1957, Ch. 9.)
  158. 9706.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Legislative Printing Fund in the State Treasury is abolished, and the Controller must transfer its balance to the General Fund on this section’s effective 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 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 9706. The Legislative Printing Fund in the State Treasury is abolished. The Controller, on the effective date of this section, shall transfer the balance in that fund to the General Fund. Any reference in state law to the Legislative Printing Fund shall be construed to refer to the General Fund. (Added by Stats. 1961, Ch. 870.)
  159. 9708.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    If the Senate or Assembly publishes a separate volume of the California Constitution and related documents, the Joint Rules Committee must specify the text of that volume.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [9700 - 9708] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 9708. Whenever the Senate or the Assembly undertakes to publish in a separate volume the Constitution of the State of California and related documents, the text of such a volume shall be specified by the Joint Rules Committee. (Amended by Stats. 1972, Ch. 618.)
  160. 971.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This section says certain payment limits apply to judgments from discretionary acts, but not to judgments from nondiscretionary acts.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 971. (a) As used in this section: (1) “Judgment resulting from a discretionary act” means a judgment arising from a liability which the local public entity has discretion to incur or not to incur and includes a judgment rendered in an eminent domain proceeding and a judgment requiring specific performance of a contractual obligation or awarding damages for failure to perform a contractual obligation. (2) “Judgment resulting from a nondiscretionary act” means a judgment other than one described in paragraph (1) and includes a judgment founded upon tort or inverse condemnation liability. (b) Any limitation on the amount of taxes, assessments or rates and charges that may be levied or collected by a local public entity, and any limitation on the amount of appropriations and payments that may be made by a local public entity, and any limitation on the amount of liability or indebtedness that may be incurred by a local public entity, contained in any other statute or in any charter or ordinance: (1) Applies to the taxes, assessments, rates and charges or appropriations levied, collected or made to pay pursuant to this article a judgment resulting from a discretionary act. (2) Does not apply to the taxes, assessments, rates and charges or appropriations levied, collected or made to pay pursuant to this article a judgment resulting from a nondiscretionary act. (c) For the purposes of Section 2271 of the Revenue and Taxation Code, taxes levied to pay pursuant to this article a judgment resulting from a nondiscretionary act are levied to pay costs mandated by the courts. (Amended by Stats. 1980, Ch. 215.)
  161. 971.2.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Judgments owed by a local public entity may be treated like bonds for investment and security purposes.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 1. General [970 - 971.2] ( Article 1 added by Stats. 1963, Ch. 1715. ) ## 971.2. (a) All judgments for which a local public entity is liable are legal investments for all trust funds, and for the funds of all insurance companies, banks (both commercial and savings) and trust companies, and for every other local public entity within this state, to the same extent as bonds of the local public entity liable for the judgment. (b) Whenever any money or funds may by law be invested in or loaned upon the security of bonds of a local public entity, such money or funds may be invested in or loaned upon the security of a judgment for which such local public entity is liable; and whenever bonds of a local public entity may be used as security for the faithful performance or execution of any court or private trust or of any other act, a judgment for which such local public entity is liable may be so used. (c) All judgments for which a local public entity is liable, to the same extent as bonds of such local public entity, are legal for use by any state or national bank or banks in the state as security for the deposit of funds of any local public entity within this state. (Amended by Stats. 1975, Ch. 285.)
  162. 9720.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Daily Journals [9720 - 9724] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Secretary of the Senate and the Chief Clerk of the Assembly must decide how many copies are enough to provide daily to members and chief officers during the session.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Daily Journals [9720 - 9724] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 9720. The Secretary of the Senate and the Chief Clerk of the Assembly shall determine what is a sufficient number of copies to supply the members of both houses and chief officers daily during the session with the Journal of the previous day’s proceedings of each house. (Added by Stats. 1945, Ch. 111.)
  163. 9721.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Daily Journals [9720 - 9724] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    At the end of the legislative session, a sufficient number of copies with proper repaging must be bound as the Journals 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 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Daily Journals [9720 - 9724] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 9721. A sufficient number of copies, with proper repaging, as determined by the Secretary and Chief Clerk, shall also be bound at the end of the session of the Legislature as the Journals of the Senate and Assembly. (Added by Stats. 1945, Ch. 111.)
  164. 9722.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Daily Journals [9720 - 9724] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The State Printing Office must print the daily Journal and the Journals of the Senate and Assembly, with daily Journals printed separately in book form and the Senate and Assembly Journals bound in book form.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Daily Journals [9720 - 9724] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 9722. Each daily Journal and the Journals of the Senate and Assembly shall be printed by the State Printing Office. Each daily Journal shall be printed in book form separately, and the Journals of the Senate and Assembly shall be bound in book form. (Added by Stats. 1945, Ch. 111.)
  165. 9723.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Daily Journals [9720 - 9724] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    After a house approves its daily journal, the chief clerk or secretary must authenticate one copy as approved.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Daily Journals [9720 - 9724] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 9723. One copy of the daily Journal of each house, upon its approval by the house, shall be authenticated as so approved by the chief clerk or secretary of the house. (Amended by Stats. 1976, Ch. 316.)
  166. 9724.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Daily Journals [9720 - 9724] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    After the Legislature finally adjourns, the authenticated daily journal for each house must be bound into separate volumes and deposited with the Secretary of State as the official journal of both 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 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Daily Journals [9720 - 9724] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 9724. Upon final adjournment of the Legislature, the authenticated copy of the daily Journal of each house for the entire session shall be properly bound in separate volumes and deposited in the office of the Secretary of State as the official journals of both houses of the Legislature. (Added by Stats. 1945, Ch. 111.)
  167. 9740.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Legislative Manual [9740 - 9744] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Secretary of the Senate and the Chief Clerk of the Assembly must compile a legislative manual or handbook every even-numbered December, finish it soon after the session convenes, and then publish and distribute it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Legislative Manual [9740 - 9744] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 9740. The Secretary of the Senate and the Chief Clerk of the Assembly shall during the month of December in each even-numbered year, commence to compile a legislative manual or handbook. The compilation shall be completed as soon as practical after the convening of the session, and the Secretary of the Senate and the Chief Clerk of the Assembly shall immediately thereafter publish and distribute the legislative manual or handbook, in such manner as they may determine. (Amended by Stats. 1973, Ch. 7.)
  168. 9741.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Legislative Manual [9740 - 9744] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The legislative manual must follow the same size and style as similar previous-session publications and must include specified legislative information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Legislative Manual [9740 - 9744] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 9741. The legislative manual shall be uniform in size and style with similar publications of previous sessions. It shall include: (a) A list of State officers. (b) Members and officers of both houses. (c) Lists of committees. (d) The rules of both houses and the joint rules. (e) Other information deemed by the Secretary and Chief Clerk to be of use to Members of the Legislature. (Added by Stats. 1945, Ch. 111.)
  169. 9742.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Legislative Manual [9740 - 9744] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The legislative manual must be distributed to specified officials and libraries in the listed quantities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Legislative Manual [9740 - 9744] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 9742. The manual shall be distributed as follows: (a) To each Senator and Assemblyman as determined by the Rules Committee of the respective houses. (b) Each elective state officer, one copy. (c) The State Library, five copies. (d) Each free public library in the state, one copy. (e) The Congressional Library at Washington, D.C., five copies. (Amended by Stats. 1973, Ch. 7.)
  170. 9743.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Legislative Manual [9740 - 9744] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Secretary of the Senate and the Chief Clerk of the Assembly must each keep enough manuals for use in their house and for distribution to members for the next legislative session.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Legislative Manual [9740 - 9744] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 9743. The Secretary of the Senate and the Chief Clerk of the Assembly shall each retain the number of manuals needed for use in the respective houses and for distribution to the Members of the Senate and Assembly for the succeeding session of the Legislature. (Added by Stats. 1945, Ch. 111.)
  171. 9744.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Legislative Manual [9740 - 9744] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The remainder of the manual must be sold at a price set by the Joint Rules Committee, and that price must cover printing and binding 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 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Legislative Manual [9740 - 9744] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 9744. The remainder shall be sold at a price to be fixed by the Joint Rules Committee. The price shall be sufficient to cover the cost of printing and binding the manual. (Amended by Stats. 1973, Ch. 7.)
  172. 975.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This section defines “Board” and “Local taxing entity” for this article.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 975. As used in this article: (a) “Board” means the governing body of a local taxing entity. (b) “Local taxing entity” means a local public entity that has the power to levy ad valorem taxes, or ad valorem assessments, upon property within the territory of the entity. (Added by Stats. 1963, Ch. 1715.)
  173. 975.2.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    If the board decides a bond issue is necessary to fund an outstanding judgment, it must adopt a resolution stating the necessity, purpose, amount, and hearing details.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 975.2. Whenever the board deems it necessary for the local taxing entity to incur a bonded indebtedness to fund all or any portion of an outstanding judgment against the entity, it shall by resolution state: (a) The necessity for the indebtedness. (b) The purpose for which the proposed debt is to be incurred. (c) The amount of the proposed debt. (d) The time and place for a hearing by the board on the question whether the local taxing entity should incur a bonded indebtedness to fund all or any portion of an outstanding judgment against the entity. (Added by Stats. 1963, Ch. 1715.)
  174. 975.4.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The local taxing entity must notify the hearing by publishing the resolution in a general-circulation newspaper, or if no such newspaper exists, by posting the resolution in three public places for two weeks.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 975.4. Notice of the hearing shall be given by publication of a copy of the resolution pursuant to Section 6066 in a newspaper of general circulation circulated within the local taxing entity. If there is no such newspaper, the resolution shall be posted in three public places in the local taxing entity for two succeeding weeks. No other notice of the hearing need be given. (Added by Stats. 1963, Ch. 1715.)
  175. 975.6.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    When a resolution is published or posted, it must be accompanied by a notice signed by the local taxing entity’s clerk or secretary.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 975.6. The copy of the resolution published or posted shall be accompanied by a notice subscribed by the clerk or secretary of the local taxing entity that: (a) The hearing referred to in the resolution will be had at the time and place specified in the resolution. (b) At that time and place, any person interested, including persons owning property within the local taxing entity, will be heard upon the question stated in the resolution. (Added by Stats. 1963, Ch. 1715.)
  176. 975.8.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The board must hold the hearing, let interested persons speak, and then decide whether bonded indebtedness is necessary.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 975.8. At the time and place fixed for the hearing on the resolution or at any time and place to which the hearing is adjourned, the board shall proceed with the hearing. Any person interested, including persons owning property within the local taxing entity, may appear and present any matters material to the question set forth in the resolution. Thereafter, the board shall determine whether it is necessary to incur the bonded indebtedness. The board’s determination on the question of necessity is conclusive. (Added by Stats. 1963, Ch. 1715.)
  177. 976.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    If the board decides bonded indebtedness is necessary, it must adopt a resolution listing the required bond and election details.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 976. After the board has made its determination pursuant to Section 975.8, if it deems it necessary to incur the bonded indebtedness, it shall by resolution state: (a) That it deems it necessary to incur the bonded indebtedness. (b) The purpose for which the bonded indebtedness will be incurred. (c) The amount of the debt to be incurred, which amount may include legal and other fees and costs incidental to or connected with the authorization, issuance and sale of the bonds, including but not limited to the costs of printing the bonds. (d) The maximum term the bonds to be issued shall run before maturity, which term shall not exceed 40 years. (e) The annual rate of interest to be paid, which rate shall not exceed 7 percent, payable annually or semiannually, or in part annually and in part semiannually. (f) The proposition to be submitted to the voters. (g) The date of the special election of the local taxing entity (which may be consolidated with any other election of the local taxing entity) at which such proposition shall be submitted to the voters; the manner of holding the election and the procedure for voting for or against the proposition. (Added by Stats. 1963, Ch. 1715.)
  178. 976.2.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The resolution counts as notice of the election, and it must be published in a newspaper of general circulation in the local taxing entity; if there is no such newspaper, it must be posted in three public places for two succeeding weeks.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 976.2. The resolution made pursuant to Section 976 shall constitute the notice of such election and such resolution shall be published pursuant to Section 6066 in a newspaper of general circulation circulated within the local taxing entity. If there is no such newspaper, the resolution shall be posted in three public places in the local taxing entity for two succeeding weeks. No other notice of the election need be given. (Added by Stats. 1963, Ch. 1715.)
  179. 976.4.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The board must arrange the election using the same legal manner as general elections of the local taxing entity, unless this article says otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 976.4. The board shall provide for holding the election in the same manner as provided by law in respect to general elections of the local taxing entity so far as applicable, except as otherwise provided in this article. (Added by Stats. 1963, Ch. 1715.)
  180. 976.6.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Electors authorized to vote in general elections of the local taxing entity may vote on the bond-authorization proposition.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 976.6. Every elector authorized to vote in general elections of the local taxing entity may vote on the proposition to authorize the bonds. (Added by Stats. 1963, Ch. 1715.)
  181. 976.8.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    If at least two-thirds of the votes cast on the proposition favor incurring the bonded indebtedness, the board may issue the bonds.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 976.8. If two-thirds or more of the votes cast upon the proposition at the election are in favor of incurring the bonded indebtedness, the board may issue the bonds at the time or times it deems proper. (Added by Stats. 1963, Ch. 1715.)
  182. 9760.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    When a law is signed by the Governor, written official notice must be sent to the State Printing Office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 9760. Whenever a law is signed by the Governor, official notice of the fact shall be forwarded, in writing, to the State Printing Office. (Added by Stats. 1945, Ch. 111.)
  183. 9761.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The State Printing Office must print the required copies of the law or certain resolutions for the Legislature after receiving notice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 9761. Upon the receipt of the notice, the State Printing Office shall print for the use of the Legislature such number of copies of the law, or joint or concurrent resolution, as is provided for by the rules of the Legislature and the necessary number of sheets to make the number of copies of the Statutes required by law to be printed. One composition of type shall answer the purpose of such printing. (Added by Stats. 1945, Ch. 111.)
  184. 9762.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    A new or revised code must be prepared by the Legislative Counsel, and it cannot be printed until 30 days after final adjournment of the Legislature, unless it is an urgency measure.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 9762. When a new or a revised code is established, it shall be prepared by the Legislative Counsel with all amendments and superseding sections enacted during the session properly inserted, and with proper notes indicating the original text and any intermediate amendments. The code, as enacted, shall not be printed until after thirty days (30) after final adjournment of the Legislature, when it shall be printed by the State Printing Office as prepared by the Legislative Counsel pursuant to this section. The act as so printed shall be included in its proper sequence in the bound volume of the Statutes of the session. This section does not apply to a new or revised code which is enacted as an urgency measure. For the purposes of this section, a code is any act of the Legislature which is entitled a code. (Added by Stats. 1945, Ch. 111.)
  185. 9763.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Department of General Services must prepare the statutes after each regular legislative session, and it must combine special-session statutes with the next regular session unless the Legislative Budget Committee asks in writing for a particular special session to be prepared earlier.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 9763. The Department of General Services shall direct the preparation of the statutes of each session of the Legislature after each regular session. The statutes for each special session shall be cumulated and prepared with the statutes for the next succeeding regular session, except that upon the written request of the Legislative Budget Committee the department shall direct the preparation of the statutes of a particular special session after such special session. (Amended by Stats. 1968, Ch. 312.)
  186. 9764.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The statutes of each session must be prepared for printing and publication when the Department of General Services directs or requests it in writing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 9764. The statutes of each session shall be prepared for printing and publication by the Legislative Counsel, the State Librarian, or such other state agency authorized or required by law to render the service when directed or requested, as the Department of General Services directs or requests in writing. (Amended by Stats. 1965, Ch. 371.)
  187. 9765.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Statutes must include an index and statutory record, be delivered to the State Printing Office as soon as practicable after final adjournment, show each act’s approval/adoption and effective date, and have preparation costs paid from the same source as printing and publishing 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 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 9765. Preparation of the statutes shall include the making of an index and statutory record, and the delivery thereof to the State Printing Office as soon as practicable after final adjournment of the Legislature. The date of approval or adoption of each act and its effective date shall be prefixed to its text. The cost of preparation shall be paid from the same source as the cost of printing and publishing the statutes is paid. (Amended by Stats. 1963, Ch. 1155.)
  188. 9766.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Each volume of the statutes must begin with the Constitution, named state officers and legislators, and certain Secretary of State certificates and election texts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 9766. At the beginning of each volume of the statutes there shall be printed: (a) The Constitution of the state. (b) The name and place of residence of: (1) The Governor. (2) The Lieutenant Governor. (3) The other executive officers of the state. (4) The Senators and Members of the Assembly. (5) The presiding officers of the Senate and Assembly. (c) The certificate of the Secretary of State showing what acts, or sections or parts of acts of the Legislature are delayed from going into effect by a referendum petition properly certified and filed in his office. (d) The certificate of the Secretary of State showing the result of all elections upon any initiative or referendum measures submitted to the electors of the state within the previous year. (e) The text of all such initiative measures adopted by the electors. (Amended by Stats. 1977, Ch. 579.)
  189. 9767.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Office of State Printing must print only the number of session statute copies that is determined necessary, and printed copies may be bound only in the number the Department of General Services determines is needed to meet demand.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 9767. The Office of State Printing shall print the number of copies of the statutes of each session prepared at the direction of the Department of General Services that the Joint Rules Committee determines is necessary. Notwithstanding the provisions of Section 9768 or any other provision of law, printed copies of the statutes shall only be bound in the number determined by the Department of General Services to be necessary to meet the demand therefor. (Amended by Stats. 1970, Ch. 72.)
  190. 9768.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The statutes must be bound in law buckram binding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Preparation and Printing of Statutes [9760 - 9768] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 9768. The statutes shall be bound in law buckram binding. (Added by Stats. 1945, Ch. 111.)
  191. 977.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The board must set the bond form and payment details, and the bonds may only be issued in denominations between $100 and $1,000.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 977. The board shall prescribe the form of the bonds. The bonds may be issued in denominations not to exceed one thousand dollars ($1,000) and not less than one hundred dollars ($100). The board shall fix, and designate in the bonds, a time and place for payment of the bonds. (Added by Stats. 1963, Ch. 1715.)
  192. 977.2.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The board may set prices and authorize early redemption of bonds issued under this article before maturity. Bonds cannot be called or redeemed before maturity unless they say so.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 977.2. The board may provide for the redemption of bonds issued under this article before maturity at prices determined by it. A bond shall not be subject to call or redemption prior to maturity unless it contains a recital to that effect. Notice of redemption shall be published at such time and in such manner as the board may provide in the resolution providing for the issuance of the bonds. (Added by Stats. 1963, Ch. 1715.)
  193. 977.4.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Bonds must be signed by the presiding officer of the board and countersigned by the clerk or secretary of the local taxing entity; coupons must be signed by the clerk or secretary.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 977.4. The bonds shall be signed by the presiding officer of the board and countersigned by the clerk or secretary of the local taxing entity, and the coupons shall be signed by the clerk or secretary. All signatures except that of the clerk or secretary on the bonds may be printed, lithographed or engraved. If any officer whose signature appears on the bonds or coupons ceases to be such officer before the delivery of the bonds, his signature is as effective as if he had remained in office. (Added by Stats. 1963, Ch. 1715.)
  194. 977.6.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The local taxing entity may sell bonds, but the sale must follow sealed-bid procedures and bid notice timing rules; if bids are satisfactory, the bonds go to the highest responsible bidder.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 977.6. The local taxing entity may sell the bonds at the times or in the manner the board deems to be to the public interest. The bonds shall be sold on sealed proposals to the highest bidder after advertising for bids by publication of notice of sale pursuant to Section 6061, not less than 10 days prior to the date of sale, in a newspaper of general circulation circulating in the local taxing entity. If there is no such newspaper, the notice of sale shall be posted in three places in the local public entity for two succeeding weeks ending not less than 10 days prior to the date of sale. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, the board may reject all bids received, if any, and either readvertise or sell the bonds at private sale. (Added by Stats. 1963, Ch. 1715.)
  195. 977.8.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    An action to determine the validity of bonds may be brought under the referenced civil procedure 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 977.8. An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Added by Stats. 1963, Ch. 1715.)
  196. 978.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Bonds issued by a local taxing entity under this article have the same force, value, and use as municipal bonds, are exempt from state taxation, and are legal investments for specified funds and institutions.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 978. Any bonds issued by any local taxing entity under the provisions of this article have the same force, value and use as bonds issued by any municipality and are exempt from all taxation within the State. Such bonds are legal investments for all trust funds, for the funds of all insurance companies, banks (both commercial and savings) and trust companies, for the state school funds, and for any funds which may be invested in bonds of cities, counties, school districts, or municipalities in the State. (Added by Stats. 1963, Ch. 1715.)
  197. 978.2.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Bonds issued under this article are general obligations of the local taxing entity, and the board must set an ad valorem tax or assessment rate to pay principal and interest when due.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 978.2. Bonds issued under this article constitute general obligations of the local taxing entity for the payment of both principal and interest of which all property in the local taxing entity subject to ad valorem taxation by the local taxing entity or subject to ad valorem assessment by the local taxing entity shall be taxed or assessed without limitation of rate or amount. The board shall, at the time and in the manner provided by law for levying taxes or assessments, fix an ad valorem rate of tax or assessment sufficient to pay the principal of and interest on all bonds issued under this article as they become due. Such ad valorem taxes or assessments shall be in addition to all other taxes or assessments levied by the local taxing entity, and when collected shall be used for no purpose other than the payment of such bonds and the interest thereon. Nothing in this section shall be construed to prohibit the use of other revenues of the local taxing entity for the payment of principal and interest on bonds issued under this article. (Added by Stats. 1963, Ch. 1715.)
  198. 978.4.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

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    Bond sale proceeds may only be used for the purpose stated in the bond-authorizing resolution.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 978.4. The proceeds from the sale of bonds issued pursuant to this article shall not be used for any purpose other than the purpose stated in the resolution authorizing the issuance of the bonds. (Added by Stats. 1963, Ch. 1715.)
  199. 978.6.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

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    The board may, by a two-thirds vote and resolution, decide that any unsold bonds authorized under this article will not be issued or sold, and those unsold bonds become void when the resolution takes effect.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 978.6. The board may by resolution adopted by two-thirds vote of all its members declare that no part of a described bond issue authorized under this article which remains unsold shall be issued or sold. When the resolution takes effect, the bonds described in the resolution which remain unsold are voided. (Added by Stats. 1963, Ch. 1715.)
  200. 978.8.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. )

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    This article’s bond-financing authority is supplemental to other laws that already authorize public entities to issue bonds to fund outstanding debt.

    ## 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 5. PAYMENT OF CLAIMS AND JUDGMENTS [965 - 985] ( Part 5 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 2. Payment of Judgments Against Local Public Entities [970 - 978.8] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 285. ) ## ARTICLE 2. Funding Judgments With Bonds [975 - 978.8] ( Article 2 added by Stats. 1963, Ch. 1715. ) ## 978.8. The authority provided in this article is in addition and supplementary to any other law authorizing public entities to issue bonds to fund an outstanding indebtedness. (Added by Stats. 1963, Ch. 1715.)

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