Government Code

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [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 5. Distribution of Statutes and Legislative Publications [9790 - 9792] ( Article 5 added by Stats. 1945, Ch. 111. ) ## 9790. The Department of General Services shall maintain a bill-filing room for the Senate and Assembly, and file all bills, resolutions, journals and other documents ordered by the Senate or Assembly. It shall also place all such bills, resolutions, journals and other documents in binders for the use of the Members of the Legislature and perform such other duties in connection with their filing and distribution as may be required by the rules or special orders of either house. (Amended by Stats. 1965, Ch. 371.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [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 5. Distribution of Statutes and Legislative Publications [9790 - 9792] ( Article 5 added by Stats. 1945, Ch. 111. ) ## 9791. The laws, resolutions and journals of the Legislature shall be distributed by the Department of General Services as follows: (a) To the Library of Congress, two copies. (b) To the Governor, Lieutenant Governor, each Member of the Legislature, the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Auditor, one copy each. (c) To the State Library, 60 copies or as many more as the State Librarian may require for exchange purposes, and to each county law library, one copy. (d) To the Attorney General, six copies, and as many additional copies as may be requested, not exceeding the number necessary to supply each Assistant Attorney General, and each Deputy Attorney General with one copy of each. (e) To the Legislative Counsel Bureau, as many copies as may be requested, not exceeding the number necessary to supply one copy of each for the use of the Legislative Counsel and each Deputy Legislative Counsel. (f) To the State Supreme Court, 11 copies and as many additional copies as may be requested not to exceed four copies. (Amended by Stats. 1973, Ch. 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 7. Legislative Printing and Publications [9700 - 9795] ( Chapter 7 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Distribution of Statutes and Legislative Publications [9790 - 9792] ( Article 5 added by Stats. 1945, Ch. 111. ) ## 9792. All other copies of the laws, resolutions and journals shall be sold by the Department of General Services at such price as it may fix. (Amended by Stats. 1965, Ch. 371.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [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 6. Reports to the Legislature [9795- 9795.] ( Article 6 added by Stats. 1996, Ch. 818, Sec. 1. ) ## 9795. (a) (1) Any report required or requested by law, or identified in the Legislative Analyst’s Supplemental Report of the Budget Act, to be submitted by a state or local agency to a committee of the Legislature or the Members of either house of the Legislature generally, shall instead be submitted as an electronic copy to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel. Each report shall include a summary of its contents, not to exceed one page in length. If the report is submitted by a state agency, that agency shall also provide an electronic copy of the summary directly to each Member of the appropriate house or houses of the Legislature. Notice of receipt of the report shall also be recorded in the journal of the appropriate house or houses of the Legislature by the secretary or clerk of that house. (2) In addition to, and as part of, the information made available to the public in electronic form pursuant to Section 10248, the Legislative Counsel shall make available a list of the reports submitted by state and local agencies, as specified in paragraph (1). If the Legislative Counsel receives a request from a member of the public for a report contained in the list, the Legislative Counsel is not required to provide a copy of the report and may refer the requester to the state or local agency, as the case may be, that authored the report, or to the California State Library as the final repository of public information. (b) A report shall not be distributed to a Member of the Legislature unless specifically requested by that Member. (c) Compliance with subdivision (a) shall be deemed to be full compliance with subdivision (c) of Section 10242.5. (d) A state agency report and summary subject to this section shall include an internet website where the report can be downloaded and a telephone number to call to order a hard copy of the report. A report submitted by a state agency subject to this section shall also be posted at the agency’s internet website. (e) For purposes of this section, “report” includes any study or audit. (Amended by Stats. 2025, Ch. 20, Sec. 18. (AB 137) Effective June 30, 2025.)

## Government Code - GOV ## TITLE 16. STATE–TRIBAL AGREEMENTS GOVERNING INDIAN GAMING [98000 - 98020] ( Title 16 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## CHAPTER 1. The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 [98000 - 98012] ( Chapter 1 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## 98000. This chapter shall be known and may be cited as “The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998.” (Added November 3, 1998, by initiative Proposition 5. Note: The title of Chapter 1 (the Tribal-Government Gaming and Economic Self-Sufficiency Act of 1998) implies a short title for Prop. 5)

## Government Code - GOV ## TITLE 16. STATE–TRIBAL AGREEMENTS GOVERNING INDIAN GAMING [98000 - 98020] ( Title 16 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## CHAPTER 1. The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 [98000 - 98012] ( Chapter 1 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## 98001. (a) The people of the State of California find that, historically, Indian tribes within the state have long suffered from high rates of unemployment and inadequate educational, housing, elderly care, and health care opportunities, while typically being located on lands that are not conducive to economic development in order to meet those needs. Federal law provides a statutory basis for conducting licensed and regulated tribal government gaming on, and limited to, qualified Indian lands, as a means of strengthening tribal self-sufficiency through the creation of jobs and tribal economic development. Federal law also provides that certain forms of gaming, known as “class III gaming,” will be the subject of an agreement between a tribe and the state (a “Tribal-State compact”), pursuant to which that gaming will be governed. (b) The people of the state find that uncertainties have developed over various issues concerning class III gaming and the development of Tribal-State compacts between the state and tribes, and that those uncertainties have led to delays and considerable expense. The Tribal-State compact terms set forth in Section 98004 (the “Gaming Compact”), including the geographic confinement of that gaming to certain tribal lands, the agreement and limitations on the kinds of class III gaming in which a tribe operating thereunder may be engaged, and the regulation and licensing required thereunder, are intended to resolve those uncertainties in an efficient and cost-effective way, while meeting the basic and mutual needs of the state and the tribes without undue delay. The resolution of uncertainty regarding class III gaming in California, the generation of employment and tribal economic development that will result therefrom, and the limitations on the growth of gaming in California that are inherent therein, are in the best and immediate interest of all citizens of the state. This chapter has been enacted as a matter of public policy and in recognition that it fulfills important state needs. All of the factors the state could consider in negotiating a Tribal-State compact under federal law have been taken into account in offering to tribes the terms set forth in the Gaming Compact. (c) The people of the state further find that casinos of the type currently operating in Nevada and New Jersey are materially different from the tribal gaming facilities authorized under this chapter, including those in which the gaming activities under the Gaming Compact are conducted, in that the casinos in those states (1) commonly offer their patrons a broad spectrum of house-banked games, including but not limited to house-banked card games, roulette, dice games, and slot machines that dispense coins or currency, none of which games are authorized under this chapter; and (2) are owned by private companies, individuals, or others that are not restricted on how their profits may be expended, whereas tribal governments must be the primary beneficiaries of the gaming facilities under this chapter and the Gaming Compact, and are limited to using their gaming revenues for various tribal purposes, including tribal government services and programs such as those that address reservation housing, elderly care, education, economic development, health care, and other tribal programs and needs, in conformity with federal law. (Added November 3, 1998, by initiative Proposition 5.)

## Government Code - GOV ## TITLE 16. STATE–TRIBAL AGREEMENTS GOVERNING INDIAN GAMING [98000 - 98020] ( Title 16 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## CHAPTER 1. The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 [98000 - 98012] ( Chapter 1 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## 98002. (a) The Governor is authorized to execute on behalf of this state a Gaming Compact containing the terms set forth in Section 98004, and shall do so as a ministerial act, without preconditions, within 30 days after receiving a request from a tribe, accompanied by or in the form of a duly enacted resolution of the tribe’s governing body, to enter into such a compact. (b) If any federally recognized tribe having jurisdiction over Indian lands in California requests that the Governor enter into negotiations for a Tribal-State compact under federal law, including but not limited to the Indian Gaming Regulatory Act (25 U.S.C. Sec. 2701 et seq.) (hereafter “IGRA”), on terms different than those prescribed in the Gaming Compact in Section 98004, the Governor shall enter into those negotiations pursuant to that federal law and without preconditions, and is authorized to reach agreement and execute that compact on behalf of the state, which authority shall not require action by the Legislature so long as the compact does not expand the scope of class III gaming permitted under a Gaming Compact under this chapter, create or confer additional powers on any agency of this state that are inconsistent with the terms of a Gaming Compact, or infringe upon the power of the Legislature to appropriate and authorize the expenditure of funds from the State Treasury. Any action by the Legislature that expands the scope of class III gaming permitted in any Tribal-State compact between the state and a tribe beyond that authorized and permitted in the Gaming Compact set forth in Section 98004 may not be deemed to be in conflict with, or prohibited by, this chapter. (c) The Governor is authorized and directed to execute, as a ministerial act on behalf of the state, any additional documents that may be necessary to implement this chapter or any Tribal-State compact entered into pursuant to this chapter. In the event that federal law regarding the process for entry into or approval of Tribal-State gaming compacts is changed in any way that would require a change in any procedure under this chapter in order for a Tribal-State gaming compact to become effective, this chapter shall be deemed amended to conform to and incorporate that changed federal law. (Added November 3, 1998, by initiative Proposition 5.)

## Government Code - GOV ## TITLE 16. STATE–TRIBAL AGREEMENTS GOVERNING INDIAN GAMING [98000 - 98020] ( Title 16 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## CHAPTER 1. The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 [98000 - 98012] ( Chapter 1 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## 98003. Any state department or agency, or other subdivision of the state, providing gaming regulatory services to a tribe pursuant to the terms of this chapter, including a Gaming Compact entered into hereunder, is authorized to require and receive reimbursement from the tribe for the actual and reasonable costs of those services in accordance with a fee schedule to be agreed to by the tribe and the state that is based on what the state gaming agency reasonably charges other government agencies for comparable services. Any funds received from a tribe in reimbursement for those services are hereby continuously appropriated to that department, agency, or subdivision for those purposes. Any disputes concerning the reasonableness of any claim for reimbursement shall be resolved in accordance with the dispute resolution procedures set forth in the Gaming Compact. (Added November 3, 1998, by initiative Proposition 5.)

## Government Code - GOV ## TITLE 16. STATE–TRIBAL AGREEMENTS GOVERNING INDIAN GAMING [98000 - 98020] ( Title 16 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## CHAPTER 1. The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 [98000 - 98012] ( Chapter 1 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## 98004. The State of California hereby offers to any federally recognized Indian tribe that is recognized by the Secretary of the Interior as having jurisdiction over Indian lands in California that are eligible for gaming under IGRA, and any such tribe may request, and enter into with the state, a Gaming Compact containing the following terms and conditions: ‛TRIBAL-STATE GAMING COMPACT Between the (OFFICIAL NAME OF TRIBE), a federally recognized Indian Tribe, and the STATE OF CALIFORNIA This Tribal-State Gaming Compact is entered into on a government-to-government basis by and between the (Official Name of Tribe), a federally recognized sovereign Indian tribe (hereafter “Tribe”), and the State of California, a sovereign State of the United States (hereafter “State”), pursuant to the Indian Gaming Regulatory Act of 1988 (P.L. 100-497, codified at 18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.) (hereafter “IGRA”), and any successor statute or amendments, and the Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 (Chapter 1 (commencing with Section 98000) of Title 16 of the Government Code). Section 1.0.PURPOSES AND OBJECTIVES. The terms of this Gaming Compact are designed and intended to: (a) Evidence the good will and cooperation of the Tribe and State in fostering a mutually respectful government-to-government relationship that will serve the mutual interests of the parties. (b) Develop and implement a means of regulating class III gaming on the Tribe’s Indian lands to ensure its fair and honest operation in accordance with IGRA, and, through that regulated class III gaming, enable the Tribe to develop self-sufficiency, promote tribal economic development, and generate jobs and revenues to support the Tribe’s government and governmental services and programs. (c) Promote ethical practices in conjunction with that gaming, through the licensing and control of persons and entities employed in, or providing goods and services to, the Tribe’s gaming operation and protecting against the presence or participation of persons whose criminal backgrounds, reputations, character, or associations make them unsuitable for participation in gaming, thereby maintaining a high level of integrity in government gaming. Sec. 2.0.DEFINITIONS Sec. 2.1.“Act” means the Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 (Section 98000 et seq. of the Government Code). Sec. 2.2.“Applicant” means an individual or entity that applies for a Tribal license or State certification. Sec. 2.3.“Class III gaming” means the forms of class III gaming defined as such in 25 U.S.C. Sec. 2703(8) and by regulations of the National Indian Gaming Commission. Sec. 2.4.“Gaming activities” means the class III gaming activities authorized under this Gaming Compact. Sec. 2.5.“Gaming Compact” means this compact. Sec. 2.6.“Gaming device” means any electronic, electromechanical, electrical, or video device that, for consideration, permits: individual play with or against that device or the participation in any electronic, electromechanical, electrical, or video system to which that device is connected; the playing of games thereon or therewith, including, but not limited to, the playing of facsimiles of games of chance or skill; the possible delivery of, or entitlement by the player to, a prize or something of value as a result of the application of an element of chance; and a method for viewing the outcome, prize won, and other information regarding the playing of games thereon or therewith. Sec. 2.7.“Gaming employee” means any person who (a) operates, maintains, repairs, assists in any gaming activity, or is in any way responsible for supervising gaming activities or persons who conduct, operate, account for, or supervise any gaming activity, (b) is in a category under federal or tribal gaming law requiring licensing, or (c) is a person whose employment duties require or authorize access to areas of the gaming facility that are not open to the public. In defining those categories of persons who are required to be licensed under tribal gaming law, the Tribe shall consider the inclusion of persons who are required to be licensed pursuant to state gaming law. Sec. 2.8.“Gaming facility” means any building or room in which class III gaming activities or gaming operations occur, or in which the business records, receipts, or other funds of the gaming operation are maintained (but excluding offsite facilities primarily dedicated to storage of those records, and financial institutions), and all rooms, buildings, and areas, including parking lots, walkways, and means of ingress and egress associated therewith, provided that nothing herein prevents the conduct of class II gaming (as defined under IGRA) therein. Sec. 2.9.“Gaming operation” means the business enterprise that offers and operates gaming activities. Sec. 2.10.“Gaming ordinance” means a tribal ordinance or resolution duly authorizing the conduct of gaming activities on the Tribe’s Indian lands and approved under IGRA. Sec. 2.11.“Gaming resources” means any goods or services used in connection with gaming activities, including, but not limited to, equipment, furniture, gambling devices and ancillary equipment, implements of gaming activities such as playing cards and dice, furniture designed primarily for gaming activities, maintenance or security equipment and services, and gaming consulting services. “Gaming resources” does not include professional accounting and legal services. Sec. 2.12.“Gaming resource supplier” means any manufacturer, distributor, supplier, vendor, lessor, or other purveyor of gaming resources to the gaming operation or gaming facility, provided that the Tribal gaming agency may exclude any such purveyor if the subject equipment or furniture is not specifically designed for, and is distributed generally for use other than in connection with, gaming activities. Sec. 2.13.“IGRA” means the Indian Gaming Regulatory Act of 1988 (P.L. 100-497, 18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.) any amendments and successors thereto, and all regulations promulgated thereunder. Sec. 2.14.“Management contractor” means any person with whom the Tribe has contracted for the management of any gaming activity or gaming facility, including, but not limited to, any person who would be regarded as a management contractor under IGRA. Sec. 2.15.“Net win” means the wagering revenue from gaming activities retained by the Tribe after prizes or winnings have been paid to players or to pools dedicated to the payment of those prizes and winnings, and prior to the payment of operating or other expenses. Sec. 2.16.“Players’ pool prize system” means one or more segregated pools of funds that have been collected from player wagers, that are irrevocably dedicated to the prospective award of prizes in authorized gaming activities, and in which the house neither has nor can acquire any interest. The Tribe may set and collect a fee from players on a per play, per amount wagered, or time-period basis, and may seed the player pools in the form of loans or promotional expenses, provided that seeding is not used to pay prizes previously won. Sec. 2.17.“State” means the State of California. Sec. 2.18.“State gaming agency” means the person, agency, board, commission, or official that the State duly authorizes to fulfill the functions assigned to it under this Gaming Compact. As of the effective date of this Act, this agency is the entity or entities authorized to investigate, approve, and regulate gaming licenses pursuant to the Gambling Control Act (Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code) or its successors. In the event no agency is authorized to conduct this function, the State shall designate such an agency by statute. If the State fails to designate an agency authorized to investigate, approve, and regulate gaming licenses, any function assigned to the State gaming agency in this Gaming Compact shall be assumed by the Tribal gaming agency until the State so designates an agency as provided herein. Sec. 2.19.“Tribal Chairperson” means the person duly elected or selected under the Tribe’s organic documents, customs, or traditions to serve as the primary spokesperson for the Tribe. Sec. 2.20.“Tribal gaming agency” means the person, agency, board, committee, commission, or council designated under tribal law, including, but not limited to, an intertribal gaming regulatory agency approved to fulfill those functions by the National Indian Gaming Commission, as primarily responsible for carrying out the Tribe’s regulatory responsibilities under IGRA and the Tribal gaming ordinance. No person employed in, or in connection with, the management, supervision, or conduct of any gaming activity may be a member or employee of the Tribal gaming agency. Sec. 2.21.“Tribal gaming terminal” means a gaming device that does not dispense coins or currency and is not activated by a handle. Sec. 2.22.“Tribe” means the [official name of Tribe], a federally recognized Indian tribe. Sec. 3.0.CLASS III GAMING AUTHORIZED AND PERMITTED. The Tribe is hereby authorized and permitted to engage in the gaming activities expressly referred to in Section 4.0. Sec. 4.0.SCOPE OF CLASS III GAMING Sec. 4.1.Authorized and Permitted Class III Gaming. To the extent regarded as forms or types of class III gaming, the Tribe is hereby authorized and permitted to operate the following gaming activities under the terms and conditions set forth in this Gaming Compact: (a) The operation of Tribal gaming terminals, provided that such devices shall meet the technical standards adopted pursuant to Section 8.1.15 and shall pay prizes solely in accordance with a players’ pool prize system. (b) The operation of any card games that were actually operated in any tribal gaming facility in California on or before January 1, 1998, and are not within class II of IGRA (which class II games are not affected by this Gaming Compact), provided that such non-class II card games shall pay prizes solely in accordance with a players’ pool prize system. (c) The operation of any lottery game, including, but not limited to, drawings, raffles, match games, and instant lottery ticket games. (d) The simulcasting and offering of off-track betting on horse races, if offered in accordance with the terms and conditions of the Tribal-State compact between the State and the Sycuan Band of Mission Indians that existed on March 31, 1997 (“Sycuan compact”), the terms of which shall be adjusted for northern California racing if required by the geographic location of the Tribe, and which compact is hereby incorporated by reference on the effective date of this Gaming Compact, unless the Tribe elects to adopt the provisions of an existing compact pursuant to the next sentence. If the Tribe and the State have already entered into a compact governing off-track wagering, that compact, at the Tribe’s option, may continue in full force and effect as the off-track wagering provisions intended by this section, or the Sycuan compact terms and conditions may be substituted therefor. The Tribe may notify the State, at the time the notice under Section 98002 of the Act is given, or at any later date as the Tribe may deem appropriate, of its election with regard to which off-track wagering compact it has elected to incorporate herein. With regard to any Tribal-State compact governing off-track wagering, including this Gaming Compact, if the State lacks jurisdiction under federal law to collect a license fee or other charge on wagers placed at a tribal facility, which fee or charge would ordinarily be collected on wagers at nontribal facilities, an amount equal to that fee or charge shall be deducted from any off-track wagers made at the Tribe’s facility and shall be distributed to the Tribe. Sec. 4.2.Authorized Gaming Facilities. The Tribe may establish and operate gaming facilities in which the gaming activities authorized under this Gaming Compact may be conducted, provided that the facilities are located on Indian lands within California over which the Tribe has jurisdiction, and qualify under federal law as lands upon which gaming can lawfully be conducted. The Tribe may combine and operate in those gaming facilities any forms and kinds of gaming permitted under law, except to the extent limited under IGRA or the Tribe’s gaming ordinance. Sec. 5.0.TRIBAL, STATE, AND LOCAL TRUST FUNDS Sec. 5.1.Conditional Obligation to Contribute to Trust Funds; Contribution Formula. (a) The parties acknowledge that the operation of Tribal gaming terminals authorized under this Gaming Compact is expected to occupy a unique place in gaming within the State that is material to the ability of the Tribe and other tribal governments operating under similar compacts to achieve the economic development and other goals intended by IGRA. The Tribe therefore agrees to make the contributions to the trust funds described in Sections 5.2, 5.3, and 5.4, only for as long as it and other tribes that have entered into Gaming Compacts are not deprived of that unique opportunity. Accordingly, in the event that any other person or entity, including, but not limited to, the California State Lottery, lawfully operates gaming devices within the State at any time after January 2, 1998, any and all obligations by the Tribe to make the trust fund contributions required under Sections 5.2, 5.3, and 5.4 shall immediately and permanently cease and terminate. For the purposes of this section only, no equipment or type of game played thereon or therewith that was offered by the California State Lottery or any race track in California prior to January 2, 1998, may be deemed to cause the cessation and termination of those trust fund contributions. (b) The contributions due under Sections 5.2, 5.3, and 5.4 shall be determined and made on a calendar quarter basis, by first determining the total number of all Tribal gaming terminals operated by a Tribe during a given quarter (“Quarterly Terminal Base”). Notwithstanding anything in this Section 5.0 to the contrary, the Tribe shall have no obligation to make any contribution to any trust fund on the net win derived from the first 200 terminals in the Quarterly Terminal Base; shall contribute at one-half of the percentage rates specified in Sections 5.2, 5.3, and 5.4 on the net win derived from the next 200 terminals in the Quarterly Terminal Base; and shall contribute at the full percentage rates specified in the above sections on the net win derived from any additional terminals in the Quarterly Terminal Base. In making those computations, the total net win from all terminals in the Quarterly Terminal Base during a given quarter shall be included and evenly divided among all such terminals (“Average Terminal Net Win”), regardless of the actual performance or net win of any particular terminal. The Average Terminal Net Win shall be used as the basis for calculating the foregoing exclusions or reductions that are based on the number of terminals in the Quarterly Terminal Base. Sec. 5.2.Nongaming Tribal Assistance Fund. Sec. 5.2.1.The Tribe shall participate in a trust fund with all other tribes, if any, that enter into Gaming Compacts under Section 98004 of the Act, into which it shall deposit 2 percent of its net win from Tribal gaming terminals each calendar quarter. The trust fund shall be distributed on an equitable basis for education, economic development, cultural preservation, health care, and other tribal purposes to federally recognized tribes located in California that have not participated in any form of gaming within the 12-month period preceding the anticipated receipt of such trust funds. Sec. 5.2.2.The trust shall have a board of 12 trustees, consisting of one representative from each of three federally recognized tribes in each federal judicial district in California, elected by nomination as set forth below and majority vote of those tribal representatives attending a meeting at which all federally recognized tribes in the district have been given at least 15 days’ written notice to attend. Each such tribe shall have one vote. The State shall assist the trust fund in assuring that adequate notice is given to all tribes who are to be represented at the meeting. Two of the trustees from each district shall consist of representatives of tribes in the district that have entered into Gaming Compacts under the Act, and one trustee shall be from a nongaming tribe. If there are no tribes that fit into one category, the trustee positions shall be filled by the other category of tribes. Gaming tribes shall nominate and elect the gaming tribe representatives, and nongaming tribes shall nominate and elect the nongaming tribe representative. Trustees shall serve for two-year terms, and shall receive reimbursement for reasonable costs actually incurred to attend meetings and serve as a trustee that have been approved by the board of trustees. Sec. 5.2.3.All contributions to the fund shall be combined on a statewide basis and shall be distributed from the trust fund on a quarterly basis statewide in accordance with a fair and equitable formula established by the trustees by majority vote. All moneys in the trust fund shall be distributed annually, less reasonable costs of administering the trust fund, which may not exceed 5 percent of the moneys contributed to the trust fund in each year, and pursuant to a budget approved by the board of trustees. Sec. 5.2.4.The first meeting of the trustees shall take place within the earlier of 60 days after at least three Gaming Compacts have become effective in the applicable federal judicial district, or six months following the effective date of the first Gaming Compact in that district. Distributions that are due from the Tribe prior to the formal creation of the trust fund specified herein shall be held in trust by the Tribe for such purposes. Sec. 5.2.5.Contributions to the fund from the Tribe shall be made on the 15th day of the month following the close of the second calendar quarter in which this Gaming Compact has been in effect, based on the net win in the first calendar quarter of operations under the Gaming Compact derived from all Tribal gaming terminals in the Quarterly Terminal Base, and on the 15th day of the month following the close of each calendar quarter thereafter (July 15, October 15, January 15, and April 15; hereafter “contribution dates”) based on the second preceding calendar quarter net win. For example, if this Gaming Compact becomes effective on October 10, the first contribution will be due on April 15, based on the total net win from Tribal gaming terminals in the Quarterly Terminal Base for the calendar quarter ending December 31. The next contribution date will be July 15, for the quarter ending March 31, and so forth. Sec. 5.3.Statewide Trust Fund. Sec. 5.3.1.The Tribe shall participate in a trust fund with the other Gaming Compact tribes, if any, into which it shall deposit, on a quarterly basis on each contribution date, an amount equal to 3 percent of the net win from the Tribal gaming terminals in the Quarterly Terminal Base. Except as otherwise provided herein, the creation of the trust, board of trustees, and method for making contributions and distributions shall be identical to the manner in which contributions are made, trust funds are distributed, and the board of trustees is created and administered under Section 5.2, provided that nongaming tribes may not be represented or vote for trustees on the board. Sec. 5.3.2.For each quarter, the board of trustees shall determine, based on a formula, established with the approval of the State, that takes into account the population, ratio, and emergency medical needs of persons over 55 years of age in each county, a method for distributing annually all funds in the trust, except for reasonable administrative expenses (including said trustee costs) not to exceed 5 percent of the amounts contributed to the trust fund in each year, and pursuant to a budget approved by the board of trustees. The funds in trust shall be used solely to supplement emergency medical care resources within each county, including, but not limited to, those provided by any federally recognized tribes within the county, provided that, without increasing said 3 percent amount, one-half of 1 percent of the net win on which said contribution is based shall be used to establish or supplement programs within the county that address compulsive and addictive gambling. Sec. 5.4.Local Benefits Grant Fund. Sec. 5.4.1.The Tribe shall establish a trust fund into which it shall deposit, on a quarterly basis on each contribution date, an amount equal to 1 percent of the net win from Tribal gaming terminals in the Tribe’s gaming operation. Sec. 5.4.2.Within 60 days after commencing operations under this Gaming Compact, the Tribe shall invite discussion, on a government-to-government basis, with governmental representatives of any city or county within the boundaries of which the Tribe’s gaming facilities are located. Those discussions shall address community needs that could be met by grants of funds from the trust to any such cities and counties. Any federally recognized tribes within the county that are also providing services to meet those community needs shall also be included in those discussions and shall be eligible for those grants. The procedure and criteria for receiving such funds shall be submitted in writing to, and approved by, a committee comprised of representatives of each of the eligible local community and tribal governments and the Tribe. The Tribe shall distribute annually all of such trust funds, less reasonable administrative costs of no more than 5 percent, in accordance with a distribution plan agreed upon by the committee that is fair and equitable. Funds not distributed in any year despite good faith efforts to do so shall be carried over to the following year. Sec. 6.0.REGULATION OF GAMING Sec. 6.1.Tribal Gaming Ordinance. All gaming activities conducted under this Gaming Compact shall at a minimum comply with a Tribal gaming ordinance duly adopted by the Tribe and approved in accordance with IGRA. Sec. 6.2.Tribal Ownership, Management, and Control of Gaming Facility and Gaming Operation. All gaming operations and facilities authorized under this Gaming Compact shall be owned solely by the Tribe. The parties acknowledge that most tribal gaming operations and facilities within the State presently are controlled and conducted solely by a tribe, and that a goal of the Act is to enable all tribes to control and conduct their own gaming operations and facilities, provide tribal job training and employment, and achieve tribal self-sufficiency. Therefore, although the Tribe shall be entitled to contract for the management of the gaming facility and operation in accordance with IGRA, any such management contract shall provide that, to the extent permitted by law, members of the Tribe will be trained for and advanced to key management positions, and that a goal of the management contractor is to prepare the Tribe to assume the control and conduct of the operation and facility. Sec. 6.3.Prohibition Regarding Minors. Tribal gaming facilities operated pursuant to this Gaming Compact shall be subject to the same minimum-age restrictions for patrons that currently apply to the California State Lottery. If alcoholic beverages are served in any area of a Tribal gaming facility operated pursuant to this Gaming Compact, prohibitions regarding age limits in that area shall be governed by applicable law. Sec. 6.4.Licensing Requirements and Procedures. Sec. 6.4.1.Summary of Licensing Principles. All persons in any way connected with the gaming operation or facility who are required to be licensed under IGRA and any others required to be licensed under this Gaming Compact, including, but not limited to, all gaming employees and gaming resource suppliers, must be licensed by the Tribal gaming agency. The Tribal gaming agency shall have the primary responsibility for licensing those persons and entities and for the regulation of the gaming operation and facility. The Tribal gaming agency shall also certify, through the use of experts and with participation by the State gaming agency if it so desires, that the gaming facility and any construction to be undertaken in regard thereto meet specified building and safety standards. The State gaming agency shall be provided with licensing application information and reports regarding facility inspections and compliance. The State gaming agency may review that information and object or refrain from objecting thereto. In the event that the State gaming agency fails to object to a gaming license application within 90 days after receipt of that information and notification that the Tribal gaming agency intends to issue a temporary or permanent license, the State gaming agency is deemed to have certified that it has no objection to that issuance, but the State gaming agency shall be free at any time to revoke that certification, or to request the Tribal gaming agency to suspend or revoke a gaming license. The dispute resolution processes between the State and the Tribe provided for herein shall be available to resolve disputes between the Tribe and the State regarding such requests and building and safety certifications. The parties intend that the licensing process provided for in this Gaming Compact shall involve joint cooperation between the Tribal gaming agency and the State gaming agency, as more particularly described herein. Sec. 6.4.2.Gaming Facility. (a) The gaming facility authorized by this Gaming Compact shall be licensed by the Tribal gaming agency in conformity with the requirements of this Gaming Compact, the Tribal gaming ordinance, and IGRA. The license shall be reviewed and renewed, if appropriate, every two years thereafter. Verification that this requirement has been met shall be provided to the State gaming agency. The Tribal gaming agency’s certification to that effect shall be posted in a conspicuous and public place in the gaming facility at all times. (b) In order to protect the health and safety of all gaming facility patrons, guests, and employees, all gaming facilities of the Tribe constructed after the effective date of this Gaming Compact shall meet the building and safety codes of the Tribe, which, as a condition for engaging in that construction, shall amend its existing building and safety codes if necessary, or enact such codes if there are none, so that they meet the standards of either the building and safety codes of any county within the boundaries of which the site of the facility is located, or the Uniform Building Codes, including all uniform fire, plumbing, electrical, mechanical, and related codes then in effect, provided that nothing herein shall be deemed to confer jurisdiction upon any county or the State with respect to any reference to such building and safety codes. (c) Any gaming facility in which gaming authorized by this Gaming Compact is conducted shall be licensed by the Tribal gaming agency prior to occupancy if it was not used for any gaming activities under IGRA prior to the effective date of this Gaming Compact, or, if it was so used, within one year thereafter. The issuance of this license shall be reviewed and renewed every two years thereafter. Inspections by qualified building and safety experts shall be conducted under the direction of the Tribal gaming agency as the basis for issuing or renewing any license hereunder. The Tribal gaming agency shall determine and certify that, as to new construction or new use for gaming, the facility meets the Tribe’s building and safety code, or, as to facilities or portions of facilities that were used for the Tribe’s gaming activities prior to this Gaming Compact, that the facility or portions thereof do not endanger the health or safety of occupants or the integrity of the gaming operation. (d) The State gaming agency shall be given at least 30 days’ notice of each inspection by those experts, and, after 10 days’ notice to the Tribe, may accompany any such inspection. The Tribe agrees to correct any facility condition noted in an inspection that does not meet the standards set forth in subdivision (b). The Tribal gaming agency and State gaming agency shall exchange any reports of an inspection within 10 days after its completion, which reports shall also be separately and simultaneously forwarded by both agencies to the Tribal Chairperson. Upon certification by those experts that a facility meets applicable standards, the Tribal gaming agency shall forward the experts’ certification to the State within 10 days of issuance. If the State objects to that certification, the Tribe shall make a good faith effort to address the State’s concerns, but if the State does not withdraw its objection, the matter will be resolved in accordance with the dispute resolution provisions of Section 9.0. Sec. 6.4.3.Suitability Standard Regarding Gaming Licenses. In reviewing an application for a gaming license, and in addition to any standards set forth in the Tribal gaming ordinance, the Tribal gaming agency shall consider whether issuance of the license is inimical to public health, safety, or welfare, and whether issuance of the license will undermine public trust that the Tribe’s gaming operations, or tribal government gaming generally, are free from criminal and dishonest elements and would be conducted honestly. A license may not be issued unless, based on all information and documents submitted, the Tribal gaming agency is satisfied that the applicant is all of the following, in addition to any other criteria in IGRA or the Tribal gaming ordinance: (a) A person of good character, honesty, and integrity. (b) A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the public interest or to the effective regulation and control of gambling, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, or activities in the conduct of gambling or in the carrying on of the business and financial arrangements incidental thereto. (c) A person who is in all other respects qualified to be licensed as provided in this Gaming Compact, IGRA, the Tribal gaming ordinance, and any other criteria adopted by the Tribal gaming agency or the Tribe, provided that any applicant who supplied services or equipment to a tribal gaming operation prior to the effective date of this Act, such as, but not limited to, a person who would be deemed to be a gaming employee or gaming resource supplier under this Gaming Compact, or any person who may have been deemed to have violated a law in the exercise of or protection of a tribe’s sovereignty rights in connection with fishing, hunting, protection of burial grounds, repatriation of remains or artifacts, or gaming, may not, for that reason, be deemed unsuitable. Nothing herein may be deemed to exempt any such applicant from otherwise qualifying for licensing or certification under this Gaming Compact. Sec. 6.4.4.Gaming Employees. Every gaming employee shall obtain, and thereafter maintain, a valid Tribal gaming license, which shall be subject to biannual renewal, provided that in accordance with Section 6.4.9, those persons may be employed on a temporary or conditional basis pending completion of the licensing process. Sec. 6.4.5.Gaming Resource Supplier. Any gaming resource supplier who provides, has provided, or is deemed likely to provide at least twenty-five thousand dollars ($25,000) in gaming resources in any 12-month period shall be licensed by the Tribal gaming agency prior to the sale, lease, or distribution, or further sale, lease, or distribution, of any such gaming resources to or in connection with the Tribe’s operation or facility. These licenses shall be renewed at least every two years. Sec. 6.4.6.Financial Sources. Any party extending financing, directly or indirectly, to the Tribe’s gaming facility or gaming operation shall be licensed by the Tribal gaming agency prior to extending that financing. Licensing shall be effective for no more than two years before a renewal must be obtained, provided that, if a lender’s gaming license is revoked or not renewed, reasonable arrangements may be made with regard to payment of any balance due to that lender so as to not impose undue hardship on the Tribe, provided that reasonable attempts shall be made to avoid ongoing conflicts with any licensing standard herein. A gaming resource supplier who provides financing in connection with the sale or lease of gaming resources obtained from that supplier may be licensed solely in accordance with licensing procedures applicable, if at all, to gaming resource suppliers. The Tribal gaming agency may, at its discretion, exclude, from the licensing requirements of this section, financing provided by a federally regulated or state-regulated bank, savings and loan, or other lending institution, a federally recognized tribal government or tribal entity thereof, or any agency of the federal, state, or local government. Sec. 6.4.7.Processing Tribal Gaming License Applications. Each applicant for a Tribal gaming license shall submit the completed application along with the required information and an application fee, if required, to the Tribal gaming agency in accordance with the rules and regulations of that agency. At a minimum, the Tribal gaming agency shall require submission and consideration of all information required under IGRA, including Section 556.4 of Title 25 of the Code of Federal Regulations, for licensing primary management officials and key employees. For applicants who are business entities, these licensing provisions shall apply to the entity as well as: (i) each of its officers and directors; (ii) each of its principal management employees, including any chief executive officer, chief financial officer, chief operating officer, or general manager; (iii) each of its owners or partners, if an unincorporated business; (iv) each of its shareholders who owns more than 10 percent of the shares of the corporation, if a corporation; and (v) each person or entity (other than a financial institution that the Tribal gaming agency has determined does not require a license under the preceding section) that has provided financing in connection with any gaming authorized under this Gaming Compact, if that person or entity provided more than 10 percent of (a) the start-up capital, (b) the operating capital over a 12-month period, or (c) a combination thereof. For purposes of this section, where there is any commonality of the characteristics identified in clauses (i) to (iv), inclusive, between any two or more entities, those entities may be deemed to be a single entity. Nothing herein precludes the Tribe or Tribal gaming agency from requiring more stringent licensing requirements. Sec. 6.4.8.Background Investigations of Applicants. The Tribal gaming agency shall conduct or cause to be conducted all necessary background investigations reasonably required to determine that the applicant is qualified for a gaming license under the standards set forth in Section 6.4.3, and to fulfill all requirements for licensing under IGRA, the Tribal gaming ordinance, and this Gaming Compact. The Tribal gaming agency may not issue a license until a determination is made that those qualifications have been met. In lieu of completing its own background investigation, and to the extent that doing so does not conflict with or violate IGRA and the Tribal gaming ordinance, the Tribal gaming agency may rely on a State certification of nonobjection previously issued under a Gaming Compact involving another tribe, or a State gaming license previously issued to the applicant, to fulfill some or all of the Tribal gaming agency’s background investigation obligation. An applicant for a Tribal gaming license shall be required to provide releases to the State gaming agency to make available to the Tribal gaming agency background information regarding the applicant. The State gaming agency shall cooperate in furnishing to the Tribal gaming agency that information, unless doing so would violate any agreement the State gaming agency has with a source of the information other than the applicant, or would impair or impede a criminal investigation, or unless the Tribal gaming agency cannot provide sufficient safeguards to assure the State gaming agency that the information will remain confidential. Sec. 6.4.9.Temporary Licensing. Notwithstanding anything herein to the contrary, if the applicant has completed a license application in a manner satisfactory to the Tribal gaming agency, and that agency has conducted a preliminary background investigation, and the investigation or other information held by that agency does not indicate that the applicant has a criminal history or other information in his or her background that would either automatically disqualify the applicant from obtaining a license or cause a reasonable person to investigate further before issuing a license, or is otherwise unsuitable for licensing, the Tribal gaming agency may issue a temporary license and may impose such specific conditions thereon pending completion of the applicant’s background investigation as the Tribal gaming agency in its sole discretion shall determine. Special fees may be required by the Tribal gaming agency to issue or maintain a temporary license. A temporary license shall remain in effect until suspended or revoked, or a final determination is made on the application. At any time after issuance of a temporary license, the Tribal gaming agency may suspend or revoke it in accordance with Sections 6.5.1 and 6.5.5, and the State gaming agency may request suspension or revocation in accordance with subdivision (d) of Section 6.5.6. Sec. 6.5.Gaming License Issuance. Upon completion of the necessary background investigation (including any reliance in whole or in part on a State certification of nonobjection, or a State gaming license under Section 6.4.8), receipt and review of such further information as the Tribal gaming agency may require, and as to applicants who are not Tribal members, actual or constructive receipt by the Tribal gaming agency of a certificate of nonobjection by the State gaming agency, and payment of all necessary fees by the applicant, the Tribal gaming agency may issue a license on a conditional or unconditional basis. Nothing herein shall create a property or other right of an applicant in an opportunity to be licensed, or in a license itself, both of which shall be considered to be privileges granted to the applicant in the sole discretion of the Tribal gaming agency. Sec. 6.5.1.Denial, Suspension, or Revocation of Licenses. Any application for a gaming license may be denied, and any license issued may be revoked, if the Tribal gaming agency determines that the application is incomplete or deficient, the applicant is determined to be unsuitable or otherwise unqualified for a gaming license, or the State objects to the issuance of that license pursuant to subdivision (c) of Section 6.5.6. Pending consideration of revocation, the Tribal gaming agency may suspend a license in accordance with Section 6.5.5. All rights to notice and hearing shall be governed by Tribal law, as to which the applicant will be notified in writing along with notice of an intent to suspend or revoke the license. Sec. 6.5.2.Renewal of Licenses; Extensions; Further Investigation. In the event a licensee has applied for renewal prior to expiration of a license and the Tribal gaming agency has, through no fault of the applicant, been unable to complete the renewal process prior to that expiration, the license shall be deemed to be automatically extended until formal action has been taken on the renewal application or a suspension or revocation has occurred. Applicants for renewal of a license shall provide updated material as requested, on the appropriate renewal forms, but, at the discretion of the Tribal gaming agency, may not be required to resubmit historical data previously submitted or that is otherwise available to the Tribal gaming agency. At the discretion of the Tribal gaming agency, an additional background investigation may be required at any time if the Tribal gaming agency determines the need for further information concerning the applicant’s continuing suitability or eligibility for a license. Sec. 6.5.3.Identification Cards. The Tribal gaming agency shall require that all persons who are required to be licensed shall wear, in plain view at all times while in the gaming facility, identification badges issued by the Tribal gaming agency. Identification badges must include information including, but not limited to, a photograph and an identification number, which is sufficient to enable agents of the Tribal gaming agency to readily identify the employees and determine the validity and date of expiration of their license. Sec. 6.5.4.Fees for Tribal License. The fees for all tribal licenses shall be set by the Tribal gaming agency. Sec. 6.5.5.Suspension of Tribal License. The Tribal gaming agency may summarily suspend the license of any employee if the Tribal gaming agency determines that the continued licensing of the person or entity could constitute a threat to the public health or safety or may be in violation of the Tribe’s licensing standards. Any right to notice or hearing in regard thereto shall be governed by Tribal law. Sec. 6.5.6.State Certification Process. (a) Except for enrolled members of a federally recognized California tribe, who shall be licensed exclusively by the Tribe, upon receipt of a completed license application and a determination by the Tribal gaming agency that it intends to issue the earlier of a temporary or permanent license, the Tribal gaming agency shall transmit to the State gaming agency a copy of all Tribal license application materials together with a set of fingerprint cards, a current photograph, and such releases of information, waivers, and other completed and executed forms as have been obtained by the Tribal gaming agency, unless the State gaming agency waives some or all of those submissions, together with a notice of intent to license that applicant. Additional information may be required by the State gaming agency to assist it in its background investigation, provided that such State gaming agency requirement shall be no greater than that which is typically required of applicants for a State gaming license in connection with nontribal gaming activities and at a similar level of participation or employment. The State gaming agency and the Tribal gaming agency (together with Tribal gaming agencies under other Gaming Compacts) shall cooperate in developing standard licensing forms for Tribal gaming license applicants, on a statewide basis, that reduce or eliminate duplicative or excessive paperwork, which forms and procedures shall take into account the Tribe’s requirements under IGRA and the expense thereof. (b) Temporary License Objection. The State gaming agency shall notify the Tribal gaming agency as promptly as possible if it has an objection to the issuance of a temporary license, but the Tribal gaming agency may not be required to await objection or nonobjection by the State gaming agency in issuing a temporary license. Any objection shall be made in good faith, and shall be given prompt and thorough consideration in good faith by the Tribal gaming agency. Nothing herein prevents the State gaming agency from at any time requesting suspension or revocation of a temporary license pursuant to subdivision (d) of Section 6.5.6. Any dispute over the issuance of a temporary license shall be resolved in accordance with the procedures set forth in Section 9.0. (c) Background Investigations of Applicants. Upon receipt of completed license application information from the Tribal gaming agency, the State gaming agency may conduct a background investigation to determine whether the applicant is suitable to be licensed in accordance with the standards set forth in Section 6.4.3. The State gaming agency and Tribal gaming agency shall cooperate in sharing as much background information as possible, both to maximize investigative efficiency and thoroughness and to minimize investigative costs. Upon completion of the necessary background investigation or other verification of suitability, the State gaming agency shall issue a notice to the Tribal gaming agency certifying that the State has no objection to the issuance of a license to the applicant by the Tribal gaming agency (“certification of nonobjection”), or that it objects to that issuance. If notice of objection is given, a statement setting forth the grounds for the objection shall be forwarded to the Tribal gaming agency together with the information upon which the objection was based, unless doing so would violate a confidentiality agreement or compromise a pending criminal investigation. If a notice of objection or a certificate of nonobjection is not received by the Tribal gaming agency within 90 days of the first receipt by the State gaming agency of the application information and intent to issue a temporary or permanent license, as provided herein, the State gaming agency shall be deemed to have issued a certificate of nonobjection. (d) Grounds for Requesting Tribal License Revocation or Suspension or Denying State Certification of Nonobjection. The State gaming agency may revoke a State certification of nonobjection if it determines at any time that the applicant or license holder does not meet the standards for suitability set forth in Section 6.4.3. Upon the Tribal gaming agency’s receipt of notice of that action, it shall immediately and in good faith consider the action of the State gaming agency and, if the circumstances warrant it, take action to suspend or revoke the licensee’s Tribal license, unless within seven days of receipt of that notice it has notified the State gaming agency that good cause exists to defer taking that action, including the need for further investigation. Disputes regarding the action taken or not taken in response to the State gaming agency request shall be resolved pursuant to Section 9.0. If at any time the State gaming agency becomes aware of information that would constitute good cause to deny or revoke the Tribal license of any person, including members of federally recognized Indian tribes in California who are exempt from the State review process, it shall convey that information to the Tribal gaming agency promptly after being made aware of that information, and may request that appropriate action be taken by the Tribal gaming agency as to that person. Sec. 6.5.Licenses Required. A person may not be employed by, or act as a gaming resource supplier to, any gaming activity or facility of the Tribe unless that person, if required to be licensed, has obtained all licenses required hereunder. Sec. 7.0.TRIBAL ENFORCEMENT OF GAMING COMPACT PROVISIONS Sec. 7.1.On-Site Regulation. It is the responsibility of the Tribal gaming agency to conduct on-site gaming regulation and control in order to enforce the terms of this Gaming Compact, IGRA, and the Tribal gaming ordinance with respect to gaming operation and facility compliance, and to protect the integrity of the gaming activities, the reputation of the Tribe and the gaming operation for honesty and fairness, and the confidence of patrons that tribal government gaming in California meets the highest standards of regulation and internal controls. To meet those responsibilities, the Tribal gaming agency shall adopt regulations, procedures, and practices as set forth herein. Sec. 7.2.Investigation and Sanctions. The Tribal gaming agency shall investigate any reported violation of this Gaming Compact and shall require the gaming operation to correct the violation upon such terms and conditions as the Tribal gaming agency determines are necessary. The Tribal gaming agency shall be empowered by the Tribal ordinance to impose fines or other sanctions within the jurisdiction of the Tribe against gaming licensees or other persons who interfere with or violate the Tribe’s gaming regulatory requirements and obligations under IGRA, the Tribal gaming ordinance, or this Gaming Compact. The Tribal gaming agency shall report continued violations or failures to comply with its orders to the State gaming agency, provided that the continued violations and compliance failures have first been reported to the Tribe and no corrective action has been taken within a reasonable period of time. Sec. 7.3.Assistance by State Gaming Agency. If requested by the Tribal gaming agency, the State gaming agency shall assist in any investigation initiated by the Tribal gaming agency and provide other requested services to ensure proper compliance with this Gaming Compact. The State shall be reimbursed for its reasonable costs of that assistance provided that it has received approval from the Tribe in advance for those expenditures. Sec. 7.4.Access to Premises by State Gaming Agency; Notification; Inspections. Notwithstanding that the Tribe has the primary responsibility to administer and enforce the regulatory requirements, the State gaming agency shall have the right to inspect the Tribe’s gaming facilities with respect to class III gaming activities only, and all gaming operation or facility records relating thereto, subject to the following conditions: Sec. 7.4.1.Inspection of public areas of a gaming facility may be made at any time without prior notice during normal gaming facility business hours. Sec. 7.4.2.Inspection of private areas of a gaming facility not accessible to the public may be made at any time during normal gaming facility business hours, immediately after the State gaming agency’s authorized inspector notifies the Tribal gaming agency and gaming facility management of his or her presence on the premises, presents proper identification, and requests access to the nonpublic areas of the gaming facility. The Tribal gaming agency, in its sole discretion, may require an employee of the gaming facility or the Tribal gaming agency to accompany the State gaming agency inspector at all times that the State gaming agency inspector is on the premises of a gaming facility. If the Tribal gaming agency imposes such a requirement, it shall require such an employee of the gaming facility or the Tribal gaming agency to be available at all times for those purposes. Sec. 7.4.3.Inspection and copying of gaming operation records may occur at any time, immediately after notice to the Tribal gaming agency, during the normal hours of the facility’s business office, provided that the inspection and copying of those records may not interfere with the normal functioning of the gaming operation or facility. Notwithstanding any other provision of the law of this State, all information and records, and copies thereof, that the State gaming agency obtains, inspects, or copies pursuant to this Gaming Compact shall be and remain the property solely of the Tribe, and may not be released or divulged for any purpose without the Tribe’s prior written consent, except that the production of those records may be compelled by subpoena in a criminal prosecution or in a proceeding for violation of this Gaming Compact without the Tribe’s prior written consent, and provided further that, prior to the disclosure of the contents of any such records, the Tribe shall be given at least 10 court days’ notice and an opportunity to object or to require the redaction of trade secrets or other confidential information that is not relevant to the proceeding in which the records are to be produced. Sec. 7.4.4.Whenever a representative of the State gaming agency enters the premises of the gaming facility for any such inspection, that representative shall immediately identify himself or herself to security or supervisory personnel of the gaming facility. Sec. 7.4.5.Any person associated with the State gaming agency who is expected to have access to nonpublic areas of the gaming facility shall first be identified to the Tribal gaming agency as so authorized, and following a sufficient period of time for the Tribal gaming agency to conduct a reasonable inquiry into the person’s character and background, and to grant approval to that person’s presence, which approval may not be unreasonably withheld. Sec. 8.0.RULES AND REGULATIONS FOR THE OPERATION AND MANAGEMENT OF THE TRIBAL GAMING OPERATION Sec. 8.1.Adoption of Regulations for Operation and Management; Minimum Standards. In order to meet the goals set forth in this Gaming Compact and required of the Tribe by law, the Tribal gaming agency shall be vested with the authority to promulgate, at a minimum, rules and regulations governing the following subjects, and to ensure their enforcement in an effective manner: Sec. 8.1.1.The enforcement of all relevant laws and rules with respect to the gaming operation and facility, and the power to conduct investigations and hearings with respect thereto and to any other subject within its jurisdiction. Sec. 8.1.2.The physical safety of gaming operation patrons, employees, and any other person while in the gaming facility. Sec. 8.1.3.The physical safeguarding of assets transported to, within, and from the gaming facility. Sec. 8.1.4.The prevention of illegal activity from occurring within the facility or with regard to the gaming operation, including, but not limited to, the maintenance of employee procedures and a surveillance system as provided below. Sec. 8.1.5.The detention of persons who may be involved in illegal acts for the purpose of notifying appropriate law enforcement authorities. Sec. 8.1.6.The recording of any and all occurrences within the gaming facility that deviate from normal operating policies and procedures (hereafter “incidents”). The procedure for recording incidents shall (1) specify that security personnel record all incidents, regardless of an employee’s determination that the incident may be immaterial (all incidents shall be identified in writing); (2) require the assignment of a sequential number to each report; (3) provide for permanent reporting in indelible ink in a bound notebook from which pages cannot be removed and in which entries are made on each side of each page; and (4) require that each report include, at a minimum, all of the following: (a) The record number. (b) The date. (c) The time. (d) The location of the incident. (e) A detailed description of the incident. (f) The persons involved in the incident. (g) The security department employee assigned to the incident. Sec. 8.1.7.The establishment of employee procedures designed to permit detection of any irregularities, theft, cheating, fraud, or the like. Sec. 8.1.8.Maintenance of a list of persons barred from the gaming facility who, because of their past behavior, criminal history, or association with persons or organizations, pose a threat to the integrity of the gaming activities of the Tribe or to the integrity of regulated gaming within the State. Sec. 8.1.9.The conduct of an audit of the gaming operation, not less than annually, by an independent certified public accountant, in accordance with the auditing and accounting standards for audits of casinos of the American Institute of Certified Public Accountants. Sec. 8.1.10.Submission to and prior approval from the Tribal gaming agency of the rules and regulations of each class III game to be operated by the Tribe, and of any changes in those rules and regulations. No class III game may be played that has not received Tribal gaming agency approval. Sec. 8.1.11.Maintenance of a copy of the rules, regulations, and procedures for each game as presently played, including, but not limited to, the method of play and the odds and method of determining amounts paid to winners. Information regarding the method of play, odds, payoff determinations, and player pool balances shall be visibly displayed or available to patrons in written form in the gaming facility. Betting limits applicable to any gaming station shall be displayed at that gaming station. In the event of a patron dispute over the application of any gaming rule or regulation, the matter shall be handled in accordance with the Tribal gaming ordinance and any rules and regulations promulgated by the Tribal gaming agency. Sec. 8.1.12.Maintenance of a closed-circuit television surveillance system consistent with industry standards for gaming facilities of the type and scale operated by the Tribe, which system shall be approved by, and may not be modified without the approval of, the Tribal gaming agency. The Tribal gaming agency shall have current copies of the gaming facility floor plan and closed-circuit television system at all times, and any modifications thereof first shall be approved by the Tribal gaming agency. Sec. 8.1.13.Maintenance of a cashier’s cage in accordance with industry standards for such facilities. Sec. 8.1.14. A description of minimum staff and supervisory requirements for each gaming activity to be conducted. Sec. 8.1.15.Regulations specific to technical standards for the operation of Tribal gaming terminals and other games authorized herein to be adopted by the Tribe, which technical specifications may be no less stringent than those approved by a recognized gaming testing laboratory in the gaming industry. Sec. 8.2.Criminal Jurisdiction. Nothing in this Gaming Compact affects the criminal jurisdiction of the State under Public Law 280 (18 U.S.C. Sec. 1162) or IGRA, to the extent applicable, provided that no gaming activity conducted in compliance with this Gaming Compact and the Act may be deemed to be a civil or criminal violation of any law of the State. Except as otherwise provided herein, to the extent the State contends that a violation of this Gaming Compact or any law of the State regarding the regulation or conduct of gambling has occurred at or in relation to the Tribe’s gaming operation or facility, the violation shall be treated solely as a civil matter to be resolved pursuant to Section 9.0. Sec. 9.0.DISPUTE RESOLUTION PROVISIONS Sec. 9.1.Voluntary Resolution; Reference to Other Means of Resolution. In recognition of the government-to-government relationship of the Tribe and the State, the parties shall make their best efforts to resolve disputes that occur under this Gaming Compact by good faith negotiations whenever possible. Therefore, without prejudice to the right of either party to seek injunctive relief against the other when circumstances require that immediate relief, the parties hereby establish a threshold requirement that disputes between the Tribe and the State first be subjected to a process of meeting and conferring in order to foster a spirit of cooperation and efficiency in the administration and monitoring of performance and compliance by each other with the terms, provisions, and conditions of this Gaming Compact, as follows: (a) Either party shall give the other, as soon as possible after the event giving rise to the concern, a written notice setting forth the issues to be resolved. (b) The parties shall meet and confer in a good faith attempt to resolve the dispute through negotiation not later than 10 days after receipt of the notice, unless both parties agree in writing to an extension of time. (c) If the dispute is not resolved to the satisfaction of the parties within 20 days after the first meeting, then a party may seek to have the dispute resolved by an arbitrator in accordance with this section. “Dispute,” for purposes of this subdivision, means any disagreement between the State gaming agency and the Tribal gaming agency in reference to the provisions of Sections 4.0 to 8.1.15, inclusive. (d) Disagreements other than disputes as defined in subdivision (c) shall be resolved in federal district court and all applicable courts of appeal (or, if those federal courts lack jurisdiction, in any court of competent jurisdiction and its related courts of appeal). The disputes to be submitted to court action include, but are not limited to, any other dispute, including, but not limited to, claims of breach or failure to negotiate in good faith. In no event may the Tribe be precluded from pursuing any arbitration or judicial remedy against the State on the grounds that the Tribe has failed to exhaust its state administrative remedies. Sec. 9.2.Arbitration Rules. Arbitration shall be conducted in accordance with the policies and procedures of the Commercial Arbitration Rules of the American Arbitration Association, and shall be held on the Tribe’s reservation. Each side shall bear its own costs, attorneys’ fees, and one-half the cost of the arbitration. Only one arbitrator may be named, unless the Tribe and the State agree otherwise. The decision of the arbitrator shall be binding. Sec. 9.3.No Waiver or Preclusion of Other Means of Dispute Resolution. This section may not be construed to waive, limit, or restrict any remedy that is otherwise available to either party, nor may this section be construed to preclude, limit, or restrict the ability of the parties to pursue, by mutual agreement, any other method of dispute resolution, including, but not limited to, mediation or utilization of a technical advisor to the Tribal and State gaming agencies, provided that neither party is under any obligation to agree to such alternative method of dispute resolution. Sec. 9.4.Limited Waiver of Sovereign Immunity. (a) In the event that a dispute is to be resolved in federal court or a court of competent jurisdiction as provided in Section 9.1, the State and the Tribe expressly consent to be sued therein and waive any immunity therefrom that they may have, provided that: (1) The dispute is limited solely to issues arising under this Gaming Compact; (2) Neither side makes any claim for monetary damages (that is, only injunctive, specific performance, or declaratory relief is sought); and (3) No person or entity other than the Tribe and the State are parties to the action. (b) In the event of intervention by any additional party into any such action without the consent of the Tribe and the State, the waivers of both the Tribe and State provided for herein shall be deemed to be revoked and void. (c) The waivers and consents provided for under this Section 9.0 shall extend to any actions to compel arbitration, any arbitration proceeding herein, any action to confirm or enforce any arbitration award as provided herein, and any appellate proceedings emanating from a matter in which an immunity waiver has been granted. Except as stated herein, no other waivers or consents to be sued, either express or implied, are granted by either party. Sec. 10.0.PUBLIC HEALTH, SAFETY, AND LIABILITY Sec. 10.1.Compliance. For the purposes of this Gaming Compact, the Tribal gaming operation shall comply with and enforce standards no less stringent than the following with respect to public health and safety: (a) Public health standards for food and beverage handling in accordance with United States Public Health Service requirements. (b) Federal water quality and safe drinking water standards. (c) The building and safety standards set forth in Section 6.4. (d) A requirement that the Tribe carry no less than two million dollars ($2,000,000) in public liability insurance for patron claims, and that the Tribe provide reasonable assurance that those claims will be promptly and fairly adjudicated, and that legitimate claims will be paid, provided that nothing herein requires the Tribe to agree to liability for punitive damages or attorneys’ fees. (e) Tribal codes and other applicable federal law regarding public health and safety. (f) The creation and maintenance of a system that provides redress for employee work-related injuries, disabilities, and unemployment through requiring insurance or self-insurance, or by other means, which system includes the right to notice, hearings, and a means of enforcement and provides benefits comparable to those mandated for comparable workplaces under State law. Sec. 10.2.Emergency Service Accessibility. The Tribal gaming operation shall ensure that it has made reasonable provisions for adequate emergency fire, medical, and related relief and disaster services for patrons and employees of the facility. Sec. 10.3.Alcoholic Beverage Service. Standards for alcohol service shall be subject to applicable law. Sec. 11.0.AMENDMENTS, DURATION, AND EFFECTIVE DATE Sec. 11.1.Effective Date. This Gaming Compact shall constitute the agreement between the State and the Tribe pursuant to IGRA and may be amended and modified only under the provisions set forth herein. This Gaming Compact shall take effect upon publication of notice of approval by the United States Secretary of the Interior in the Federal Register in accordance with applicable federal law (25 U.S.C. Sec. 2710(d)(3)(B)). Sec. 11.2.Voluntary Termination. Once effective, this Gaming Compact shall be in effect until terminated either by the written agreement of both parties or by the Tribe unilaterally upon 60 days’ written notice to the Governor. Sec. 12.0.AMENDMENTS; RENEGOTIATIONS Sec. 12.1.The terms and conditions of this Gaming Compact may be amended at any time by the mutual and written agreement of both parties, and such amendment is approved hereby as part of the Act. Sec. 12.2.In the event that federal or State law is changed or is interpreted, by enactment, a final court decision, a practice of the State gaming agency, or the inclusion of such gaming in a tribal-state compact, to permit gaming in California that is not now permitted to any person or entity for any purpose, or, if permitted, is being lawfully offered for the first time, this Gaming Compact shall be automatically amended to include that permitted or offered gaming, which shall be deemed to be included within the definition of “gaming activities” hereunder. Sec. 12.3.This Gaming Compact is subject to renegotiation in the event the Tribe wishes to engage in forms of class III gaming other than those games authorized or automatically included herein and requests renegotiation for that purpose, provided that, except for a change in law or a court ruling that establishes the right of the Tribe to engage in other forms of gaming, no such renegotiation may be sought for 12 months following the effective date of this Gaming Compact. Sec. 12.4.Process and Negotiation Standards. All requests to amend or renegotiate shall be in writing, addressed to the State gaming agency, and shall include the activities or circumstances to be negotiated together with a statement of the basis supporting the request. If the request meets the requirements of this section, the parties shall confer promptly and determine a schedule for commencing negotiations within 30 days of the request. Unless expressly provided otherwise herein, all matters involving negotiations or other amendatory processes under this section shall be governed, controlled, and conducted (a) in conformity with the provisions and requirements of IGRA, including those provisions regarding the obligation of the State to negotiate in good faith and the enforcement of that obligation in federal court, as to which obligation and actions in federal court the State hereby agrees and consents to be sued in that court system, and (b) in conformity with the authority of the Secretary of the Interior to adopt procedures for the Tribe’s engagement in class III gaming if no agreement in a Gaming Compact can be reached and the State has failed to negotiate in good faith. The Chairperson of the Tribe and the Governor of the State are hereby authorized to designate the person or agency responsible for conducting the negotiations, and shall execute any documents necessary as a result thereof. Sec. 13.0.NOTICES. Unless otherwise indicated by this Gaming Compact, all notices required or authorized to be served shall be served by first-class mail at the following addresses: Governor Tribal Chairperson State of California [Formal Name of Tribe] State Capitol Sacramento, California Sec. 14.0.SEVERABILITY. In the event that any section or provision of this Gaming Compact is held invalid, or its application to any particular activity is held invalid, it is the intent of the parties that the remaining sections of this Gaming Compact continue in full force and effect, provided that, in the event provisions must be added to this Gaming Compact in order to preserve the intentions of the parties in light of that invalidity, the parties shall promptly negotiate those provisions in good faith. Sec. 15.0.CHANGES IN IGRA. This Gaming Compact is intended to meet the requirements of IGRA or any successor statute, as in effect on the date this Gaming Compact becomes effective. Subsequent changes to IGRA that diminish the rights of the State or the Tribe may not be applied retroactively to this Gaming Compact, except to the extent that federal law validly mandates that diminishment without the State’s or the Tribe’s respective consent. Sec. 16.0.MISCELLANEOUS Sec. 16.1.The parties agree that, in order to further the intent of the parties and the goals of the Act, and to implement this Gaming Compact in a manner consistent therewith, this Gaming Compact shall be amended by mutual consent, arrived at as the result of good faith negotiations, if necessary to clarify or effectuate the goals and intent of this Gaming Compact and the Act, to the extent that the goals and intent are not addressed, or are ambiguously or incompletely provided for herein, provided that nothing in this section may delay the effective date or implementation of this Gaming Compact. Sec. 16.2.Any State agency or other subdivision of the State providing regulatory or other services to the Tribe pursuant to this Gaming Compact shall be entitled to reimbursement from the Tribe for the actual and reasonable cost of those services, and the Tribe shall promptly pay that reimbursement to that agency or subdivision upon receipt of itemized invoices therefor. Any disputes concerning the reasonableness of any claim for reimbursement shall be resolved in accordance with the dispute resolution procedures set forth in Section 9.0. Sec. 16.3.This Gaming Compact sets forth the full and complete agreement of the parties and supersedes any prior agreements or understandings with respect to the subject matter hereof. [FORMAL NAME OF TRIBE] By ___________ DATED: __ day of __, __ Chairperson THE STATE OF CALIFORNIA By ___________ DATED: __ day of __, __.” Governor (Added November 3, 1998, by initiative Proposition 5. Note: The Tribal-State Gaming Compact is set out in this section.)

## Government Code - GOV ## TITLE 16. STATE–TRIBAL AGREEMENTS GOVERNING INDIAN GAMING [98000 - 98020] ( Title 16 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## CHAPTER 1. The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 [98000 - 98012] ( Chapter 1 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## 98005. The Gaming Compact offered in Section 98004 shall, to the extent permitted by law, be deemed agreed to, approved, and executed by the State of California in the event a request therefor is duly made by a federally recognized Indian tribe in accordance with Section 98002 and it is not executed by the Governor within the time prescribed in this chapter, provided that, in the event this provision is deemed to be unlawful or ineffective for any reason, or if the tribe in its discretion seeks to compel execution of the Gaming Compact through court action, the State of California hereby submits to the jurisdiction of the courts of the United States in any action brought against the state by any federally recognized Indian tribe asserting any cause of action arising from the state’s refusal to execute the Gaming Compact offered in Section 98004 upon a tribe’s request therefor. Without limiting the foregoing, the State of California also submits to the jurisdiction of the courts of the United States in any action brought against the state by any federally recognized California Indian tribe asserting any cause of action arising from the state’s refusal to enter into negotiations with that tribe for the purpose of entering into a different Tribal-State compact pursuant to IGRA or to conduct those negotiations in good faith, the state’s refusal to enter into negotiations concerning the amendment of a Tribal-State compact to which the state is a party, or to negotiate in good faith concerning that amendment, or the state’s violation of the terms of any Tribal-State compact to which the state is or may become a party. (Added November 3, 1998, by initiative Proposition 5.)

## Government Code - GOV ## TITLE 16. STATE–TRIBAL AGREEMENTS GOVERNING INDIAN GAMING [98000 - 98020] ( Title 16 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## CHAPTER 1. The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 [98000 - 98012] ( Chapter 1 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## 98006. The gaming authorized pursuant to this chapter, including, but not limited to, the gaming authorized pursuant to the Gaming Compact set forth in Section 98004, is not subject to any prohibition in state law now or hereafter enacted. Without limiting the foregoing, and notwithstanding any other provision of law, the following forms of gaming specifically are permitted and authorized to be conducted on Indian lands by a tribe that has entered into a Tribal-State compact with the state pursuant to this chapter, IGRA, or any other law: (a) Any card games that were operated on any Indian reservation in California on or before January 1, 1998, provided that, with respect to card games that are not within class II of IGRA (which class II games are not affected by this chapter), those card games shall pay prizes solely in accordance with a players’ pool prize system in which one or more segregated pools of funds that have been collected from player wagers are irrevocably dedicated to the prospective award of prizes in those card games or other lottery games, promotions, or contests and in which the house neither has acquired nor can acquire any interest. The tribe may set and collect a fee from players on a per play, per amount wagered, or time-period basis, and may seed the pools in the form of loans or promotional expenses, provided that the seeding is not used to pay prizes previously won. (b) Any gaming or gambling device, provided that the devices do not dispense coins or currency and are not activated by handles, and prizes therefrom are awarded solely from one or more segregated pools of funds (1) that have been collected from player wagers, (2) that are irrevocably dedicated to the prospective award of prizes in such games or in other lottery games, contests, tournaments, or prize pool promotions, and (3) in which the house neither has acquired nor can acquire any interest. The tribe may set and collect a fee from players on a per play, per amount wagered, or time-period basis, and may seed the pools in the form of loans or promotional expenses, provided that the seeding is not used to pay prizes previously won. The introduction, possession, manufacture, repair, or transportation of gaming devices that are authorized by the terms of any Tribal-State gaming compact between the State of California and any federally recognized Indian tribe exercising jurisdiction over Indian lands in California is lawful in this state. (c) The operation of any lottery game, including, but not limited to, drawings, raffles, match games, and instant lottery ticket games. (Added November 3, 1998, by initiative Proposition 5.)

## Government Code - GOV ## TITLE 16. STATE–TRIBAL AGREEMENTS GOVERNING INDIAN GAMING [98000 - 98020] ( Title 16 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## CHAPTER 1. The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 [98000 - 98012] ( Chapter 1 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## 98007. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, that invalidity may not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added November 3, 1998, by initiative Proposition 5.)

## Government Code - GOV ## TITLE 16. STATE–TRIBAL AGREEMENTS GOVERNING INDIAN GAMING [98000 - 98020] ( Title 16 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## CHAPTER 1. The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 [98000 - 98012] ( Chapter 1 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## 98008. The Governor is authorized and directed to execute any documents that may be necessary to implement this chapter. (Added November 3, 1998, by initiative Proposition 5.)

## Government Code - GOV ## TITLE 16. STATE–TRIBAL AGREEMENTS GOVERNING INDIAN GAMING [98000 - 98020] ( Title 16 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## CHAPTER 1. The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 [98000 - 98012] ( Chapter 1 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## 98009. The provisions of the Gaming Compact set forth in Section 98004 are hereby incorporated into state law, and all gaming activities, including but not limited to gaming devices, authorized therein are expressly declared to be permitted as a matter of state law to any Indian tribe entering into the Gaming Compact in accordance with this chapter. (Added November 3, 1998, by initiative Proposition 5.)

## Government Code - GOV ## TITLE 16. STATE–TRIBAL AGREEMENTS GOVERNING INDIAN GAMING [98000 - 98020] ( Title 16 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## CHAPTER 1. The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 [98000 - 98012] ( Chapter 1 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## 98010. Nothing in this chapter may be construed to limit the ability of a federally recognized Indian tribe to request that a Tribal-State compact be negotiated with the state on terms that are different from those set forth in the Gaming Compact under this chapter, or the ability of the state to engage in those negotiations and to reach agreement under IGRA. Nothing in this chapter may be construed to mean that, in offering the Gaming Compact to Indian tribes in California under Section 98004, and, except for assessments by the state as provided therein of such amounts as are necessary to defray its costs of regulating activities as provided under the Gaming Compact, (a) the state is imposing any tax, fee, charge, or other assessment upon an Indian tribe or upon any other person or entity authorized by an Indian tribe as a condition to engaging in a class III activity, or (b) the state is refusing to enter into Tribal-State compact negotiations based upon the lack of authority of the state, or of any political subdivision of the state, to impose such a tax, fee, charge, or other assessment. (Added November 3, 1998, by initiative Proposition 5.)

## Government Code - GOV ## TITLE 16. STATE–TRIBAL AGREEMENTS GOVERNING INDIAN GAMING [98000 - 98020] ( Title 16 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## CHAPTER 1. The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 [98000 - 98012] ( Chapter 1 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## 98011. No amendment to the Gaming Compact as provided for therein or under this chapter requires further approval by the Legislature or the electorate. (Added November 3, 1998, by initiative Proposition 5.)

## Government Code - GOV ## TITLE 16. STATE–TRIBAL AGREEMENTS GOVERNING INDIAN GAMING [98000 - 98020] ( Title 16 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## CHAPTER 1. The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998 [98000 - 98012] ( Chapter 1 added November 3, 1998, by initiative Proposition 5, Sec. 1. ) ## 98012. This chapter may be amended by a two-thirds vote of the Legislature, but only to further the purposes of this Act. (Added November 3, 1998, by initiative Proposition 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 3.7. Procedures Applicable to State and Local Public Entities [984- 984.] ( Chapter 3.7 added by Stats. 1987, Ch. 1204, Sec. 3. ) ## 984. (a) As used in this section, “not insured” includes a public entity that has no liability insurance or is self-insured by itself, or through an insurance pooling arrangement, a joint powers agreement, the Local Agency Self Insurance Authority, or any other similar arrangement. (b) If a public entity has commercial insurance as to a portion of the judgment, this section shall only apply to that portion of the judgment which is “not insured” as defined in this section. (c) A judgment against a public entity may be ordered to be paid by periodic payments only if ordered under Section 667.7 of the Code of Civil Procedure or Section 970.6, or if the public entity has made an election under subdivision (d), or if the parties have agreed to it. (d) If, after making any deductions pursuant to Section 985 of the Government Code, the judgment on a tort claims action against a public entity that is not insured is greater than five hundred thousand dollars ($500,000), the public entity may elect to pay the judgment in periodic payments as provided in this subdivision. Effective January 1, 1990, the five hundred thousand dollar ($500,000) threshold amount shall be five hundred fifty thousand dollars ($550,000). Effective January 1, 1992, that amount shall be six hundred thousand dollars ($600,000). Effective January 1, 1994, that amount shall be six hundred fifty thousand dollars ($650,000). Effective January 1, 1996, that amount shall be seven hundred twenty-five thousand dollars ($725,000), and thereafter, the seven hundred twenty-five thousand dollar ($725,000) amount shall be increased 5 percent on January 1 of each year. After any amounts reimbursed pursuant to Section 985, the judgment-debtor shall pay 50 percent of the remainder immediately, and the other 50 percent of the remainder shall be paid over a period of time to be determined by the court, not to exceed 10 years or the length of the judgment-creditor’s remaining life expectancy at the time the judgment is entered, whichever is less. (e) The following provisions apply to all judgments for periodic payment under this section against a public entity: (1) Payments shall not terminate upon the death of the judgment-creditor. (2) Interest at the same rate as one-year United States Treasury bills as of January 1, each year shall accrue to the unpaid balance of the judgment, and on each January 1 thereafter throughout the duration of the installment payments the interest shall be adjusted until the judgment is fully satisfied. (3) Throughout the term of the installment payments until the judgment is fully satisfied, the public entity shall remain liable for all payments due on the judgment and the interest. (4) The court shall retain jurisdiction in order to enforce, amend, modify, or approve settlement of the installment payments as may be just. Upon a motion by the judgment-creditor, the court shall accelerate the installment payments if it finds any unreasonable delay in, or failure to make payments. (5) The court, upon motion, may modify the installment payments consistent with Sections 1431 to 1431.5, inclusive, of the Civil Code to account for the insolvency or uncollectability of amounts of the judgment owed by joint tortfeasors. The defendant shall bring a motion for that adjustment under Section 1010 of the Code of Civil Procedure. (f) Nothing in this section shall prevent the parties from agreeing to settle an action on any other terms. (g) 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 an election pursuant to this section and any hearing pursuant to subdivision (d). (h) This section does not apply to contribution and indemnity between joint tortfeasors. (Added by Stats. 1987, Ch. 1204, Sec. 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 6. INSURANCE [989 - 991.2] ( Part 6 added by Stats. 1963, Ch. 1682. ) ## 989. As used in this part, “local public entity” means any public entity except a state agency covered by Section 11007.4 of the Government Code. (Added by Stats. 1963, Ch. 1682, Sec. 12.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 6. INSURANCE [989 - 991.2] ( Part 6 added by Stats. 1963, Ch. 1682. ) ## 990. Except for a liability which may be insured against pursuant to Division 4 (commencing with Section 3200) of the Labor Code, a local public entity may: (a) Insure itself against all or any part of any tort or inverse condemnation liability. (b) Insure any employee of the local public entity against all or any part of his liability for injury resulting from an act or omission in the scope of his employment. (c) Insure, contract or provide against the expense of defending a claim against the local public entity or its employee, whether or not liability exists on such claim, including a claim for damages under Section 3294 of the Civil Code or otherwise for the sake of example or by way of punishment, where such liability arose from an act or omission in the scope of his employment, and an insurance contract for such purpose is valid and binding notwithstanding Section 1668 of the Civil Code, Section 533 of the Insurance Code, or any other provision of law. (d) A hospital district may participate in a reciprocal or interinsurance exchange with the members of its medical staff as provided in Section 1284 of the Insurance Code. Nothing in this section shall be construed to authorize a local public entity to pay for, or to insure, contract, or provide for payment for, such part of a claim or judgment against an employee of the local entity as is for punitive or exemplary damages. (Amended by Stats. 1977, Ch. 904.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 6. INSURANCE [989 - 991.2] ( Part 6 added by Stats. 1963, Ch. 1682. ) ## 990.2. The Judicial Council may insure any officer or attaché of its superior courts against all or any part of the officer or attaché’s liability for injury resulting from any act or omission in the scope of the officer or attaché’s employment, and also may insure against the expense of defending any claim against the officer or attaché, whether or not liability exists on that claim. (Amended by Stats. 2023, Ch. 478, Sec. 25. (AB 1756) Effective January 1, 2024.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 6. INSURANCE [989 - 991.2] ( Part 6 added by Stats. 1963, Ch. 1682. ) ## 990.4. The insurance authorized by this part may be provided by: (a) Self-insurance, which may be, but is not required to be, funded by appropriations to establish or maintain reserves for self-insurance purposes. (b) Insurance in any insurer authorized to transact such insurance in this state. (c) Insurance secured in accordance with Chapter 6 (commencing with Section 1760) of Part 2 of Division 1 of the Insurance Code. (d) Participation by a hospital district and its medical staff in a reciprocal or interinsurance exchange as provided in Section 1284 of the Insurance Code. (e) Any combination of insurance authorized by subdivisions (a), (b), (c), and (d). (Amended by Stats. 1977, Ch. 904.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 6. INSURANCE [989 - 991.2] ( Part 6 added by Stats. 1963, Ch. 1682. ) ## 990.6. The cost of the insurance authorized by this part is a proper charge against the local public entity. (Added by Stats. 1963, Ch. 1682, Sec. 12.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 6. INSURANCE [989 - 991.2] ( Part 6 added by Stats. 1963, Ch. 1682. ) ## 990.8. (a) (1) Any of the following may provide insurance authorized by this part or for any other purpose by any one or more of the methods specified in Section 990.4 by a joint powers agreement made pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7: (A) Two or more local public entities. (B) A mutual water company and a public agency, as authorized under subdivision (b) of Section 6525. (C) A water corporation, a mutual water company, and one or more public agencies, as authorized under subdivision (b) of Section 6525. (2) If two or more hospital districts have joined together to pool their self-insurance claims or losses, any nonprofit corporation created pursuant to subdivision (p) of Section 32121 of the Health and Safety Code, and affiliated with a hospital district that is a party to the pool may participate in the pool. (b) Two or more local public entities having the same governing board, a mutual water company and a public agency, or a water corporation, a mutual water company, and one or more public agencies, as authorized under subdivision (b) of Section 6525, may be coinsured under a master policy and the total premium may be prorated among those entities. (c) The pooling of self-insured claims or losses among entities as authorized in subdivision (a) of Section 990.4 shall not be considered insurance nor be subject to regulation under the Insurance Code. (d) Any liability or loss under a joint powers agreement for the pooling of self-insured claims or losses authorized by this part and provided pursuant to this section may, notwithstanding Section 620 of the Insurance Code or any other provision of law, be reinsured to the same extent and the same manner as insurance provided by an insurer. (e) If a joint powers agreement authorized by this part or authorized pursuant to Section 6516 provides for the pooling of self-insured claims or losses among entities, if any peril insured or covered under contract has existed, and the joint powers authority or other parties to the pool have been liable for any period, however short, the agreement may provide that the party insured or covered under contract is not entitled to the return of premiums, contributions, payments, or advances so far as that particular risk is concerned. (f) For purposes of this section: (1) “Mutual water company” has the same meaning as defined in Section 14300 of the Corporations Code. (2) “Water corporation” has the same meaning as defined in Section 241 of the Public Utilities Code. (Amended by Stats. 2025, Ch. 151, Sec. 1. (AB 428) Effective January 1, 2026.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 6. INSURANCE [989 - 991.2] ( Part 6 added by Stats. 1963, Ch. 1682. ) ## 990.9. Any city, county, city and county, or any other local public entity with authority to provide health care services may provide insurance or provide indemnity through self-insurance for medical or other health-care tort claims against any person who, in good faith and without compensation, renders voluntary care to low-income patients within the scope of his or her practice at a community clinic or free clinic, as those terms are defined in subdivision (a) of Section 1204 of the Health and Safety Code, serving residents within the jurisdiction of the local public entity, and who is licensed under Division 2 (commencing with Section 500) of the Business and Professions Code or under an initiative act referred to in those provisions. However, the insurance or indemnity provided pursuant to this section shall not cover liability for which there is other insurance coverage in effect. (Added by Stats. 1993, Ch. 154, Sec. 1. Effective January 1, 1994.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 1. General [9900 - 9907] ( Article 1 added June 5, 1984, by initiative Proposition 24. ) ## 9900. Short title This chapter shall be known and may be cited as the “Legislative Reform Act of 1983.” (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 1. General Provisions [99000 - 99003] ( Chapter 1 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99000. This title shall be known and may be cited as the California Fiscal Recovery Financing Act. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 1. General Provisions [99000 - 99003] ( Chapter 1 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99001. It is the intent of the Legislature in enacting this title to provide for an efficient, equitable, and economical means of funding the accumulated budget deficit in order to preserve public education and critical health and safety programs. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 1. General Provisions [99000 - 99003] ( Chapter 1 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99002. The Legislature finds and declares as follows: (a) The bonds authorized to be issued by the authority under this title, and any ancillary obligations entered into with respect to the bonds, are not a debt or liability of the state subject to Section 1 of Article XVI of the California Constitution. The appropriation, if any, by the Legislature of special sales tax revenues to the California Fiscal Recovery Financing Authority created in Section 99004 is not payment on a debt or liability of the state subject to Section 1 of Article XVI of the California Constitution. (b) Temporary special sales tax revenues deposited in the Fiscal Recovery Fund created in Section 99008 do not constitute General Fund revenues for the purposes of Section 8 of Article XVI of the California Constitution or any other provision of law. (c) It is the intent of the Legislature that the moneys deposited in the Fiscal Recovery Fund shall not be available for any purpose other than payment of the principal, interest, premium, if any, and replenishment of reserves of the bonds, payment of ancillary obligations, or payment of administrative expenses of the California Fiscal Recovery Financing Authority. (d) It is the intent of the Legislature that the proceeds of the bonds issued pursuant to this title shall be used solely to eliminate the accumulated budget deficit identified as of June 30, 2003, or to refund outstanding bonds issued for that purpose. It is further the intent of the Legislature that any bonds issued pursuant to this title, and any ancillary obligations entered into in relation to those bonds, be repaid in the shortest practicable time consistent with favorable bond ratings and marketing considerations. Any legislation that results in an extension of the period during which the additional special sales taxes provided for in Sections 6051.5 and 6201.5 of the Revenue and Taxation Code are imposed beyond the time necessary to satisfy any obligations incurred to eliminate the accumulated budget deficit identified as of June 30, 2003 shall be deemed to be an increase in taxes requiring a two-thirds vote of each house of the Legislature. (e) It is the intent of the Legislature that the only appropriation made by this title is set forth in subdivision (d) of Section 99008. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 1. General Provisions [99000 - 99003] ( Chapter 1 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99003. Unless the context requires otherwise, the following definitions shall govern the construction of this title: (a) “Accumulated budget deficit” means the estimated negative balance, excluding any projected deficit financing proceeds, of the Special Fund for Economic Uncertainties as of June 30, 2003, as certified by the Director of Finance prior to the issuance of any bonds pursuant to this title. (b) “Ancillary obligation” means the obligation of the authority under any of the following, entered into by the authority in connection with any bonds issued under this title: (1) A credit enhancement or liquidity agreement, including any credit enhancement or liquidity agreement in the form of bond insurance, letter of credit, standby bond purchase agreement, reimbursement agreement, liquidity facility, or other similar arrangement. (2) A remarketing agreement. (3) An auction agent agreement. (4) A broker-dealer agreement or other agreement relating to the marketing of the bonds. (5) An interest rate or other type of swap or hedging contract. (6) An investment agreement, forward purchase agreement, or similar structured investment contract. (c) “Authority” means the California Fiscal Recovery Financing Authority created by Section 99004. (d) “Available revenues” means the special sales tax revenues appropriated pursuant to this title by the Legislature to pay principal, interest, premium, if any, replenishment of reserves, and any related costs on the bonds issued pursuant to this title or to pay amounts relating to any ancillary obligations, together with any reserves or other amounts that have been deposited with the trustee to pay the bonds or to pay ancillary obligations and any investment earnings on any of those funds. Notwithstanding any other provision of law, the Legislature shall not be obligated to appropriate or otherwise make available any other funds to pay the bonds or to pay ancillary obligations. (e) “Board” means the State Board of Equalization. (f) “Bonds” means any bonds, notes, bond anticipation notes, interim certificates, debentures, or similar instruments issued by the authority pursuant to this title. (g) “Fiscal Recovery Fund” means the special fund created by Section 99008. (h) “Indenture” means any resolution, trust agreement, indenture, certificate, or other instrument authorizing the issuance of bonds by the authority pursuant to this title, and providing for their security and repayment. (i) “Special sales tax revenues” means the proceeds of that portion of the sales and use tax temporarily imposed by the state pursuant to Section 6051.5 or 6201.5 of the Revenue and Taxation Code. (j) “Trustee” means the Treasurer or a bank or trust company within or without the state acting as trustee for any issue of bonds under this title and, if there is more than one issue of bonds, shall refer to the trustee for each issue of bonds respectively. In the event there are cotrustees for an issue of bonds, “trustee” shall refer to those cotrustees collectively. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 2. California Fiscal Recovery Financing Authority [99004 - 99007] ( Chapter 2 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99004. (a) The California Fiscal Recovery Financing Authority is hereby created in state government solely for the purpose of the issuance and sale of the bonds and ancillary obligations authorized by this title and the performance of any necessary obligations related thereto. The authority is a public instrumentality of the state, and the exercise by the authority of the powers granted in this title is deemed and held to be the performance of an essential public function. (b) (1) The authority consists of all of the following members: (A) The Governor or his or her designee. (B) The Director of Finance. (C) The Treasurer. (D) The Controller. (E) The Secretary of Business, Transportation and Housing. (F) The Director of General Services. (G) The Director of Transportation. (2) Notwithstanding Section 7.5 or any other provision of law, any member may designate a deputy to act as that member in his or her place and stead for all purposes, as though the member were personally present. (3) The Legislature finds and declares that each member of the authority has previously acted as a member of a similar state agency or authority that issues revenue bonds and a finance committee that issues general obligation bonds, and has duties in relation to the payment of the accumulated budget deficit. (c) A majority of the members of the authority shall constitute a quorum of the authority and may act for the authority. (d) The Director of Finance shall serve as chairperson of the authority. (e) The Attorney General shall be the legal counsel for the authority. With the approval of the Attorney General, the authority may employ any legal counsel that in its judgment is necessary or advisable to enable it to carry out its duties and functions, including, but not limited to, the employment of any bond counsel deemed advisable in connection with the issuance and sale of bonds. (f) A member, officer, or agent of the authority shall not be subject to personal liability on any bonds or ancillary obligations or other obligations issued or entered into under this title or for any acts or omissions of members, officers, or agents in carrying out the powers and duties conferred by this title. (g) The members of the authority shall serve without compensation. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 2. California Fiscal Recovery Financing Authority [99004 - 99007] ( Chapter 2 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99005. The authority may do all of the following: (a) Sue and be sued. (b) Issue taxable or tax-exempt bonds for the purpose of funding the accumulated budget deficit and paying costs related thereto, including, but not limited to, reserves, capitalized interest, costs of obtaining or entering into any ancillary obligations, and costs of issuance, or for the purpose of refunding any bonds previously issued pursuant to this title and paying the costs related thereto. (c) Enter into ancillary obligations and other contracts deemed necessary or appropriate by the authority in connection with any bonds issued under this title. (d) Establish the terms and conditions for the financing program undertaken pursuant to this title. (e) Employ or contract for any services, including, but not limited to, consulting services and legal services authorized pursuant to subdivision (e) of Section 99004, or engage other agents or advisers in connection with the financing program, as deemed necessary by the authority. (f) In addition to all other powers specifically granted in this title, do all things necessary or convenient, including the delegation of necessary duties to the Director of Finance, as chairperson, and to the Treasurer, as agent for sale of the bonds, to carry out the powers and purposes of this title. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 2. California Fiscal Recovery Financing Authority [99004 - 99007] ( Chapter 2 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99006. (a) The Director of Finance shall, as chairperson of the authority, take all actions necessary to have included in the annual Governor’s Budget for each fiscal year in which the Fiscal Recovery Fund is in existence and any bonds or ancillary obligations remain outstanding, an appropriation of the special sales tax revenues received in that fiscal year to pay those obligations. The director shall further use his or her best efforts to have included in the annual Budget Bill or another bill separate from the annual Budget Bill, for each fiscal year in which the Fiscal Recovery Fund is in existence and any bonds or ancillary obligations remain outstanding, an appropriation of the special sales tax revenues received in that fiscal year for the purposes of this title. The director shall notify the trustee and, if the trustee is not the Treasurer, notify the Treasurer, in each applicable year of the actions taken pursuant to this subdivision, including providing copies of the Governor’s Budget and either the annual Budget Bill or other bill proposing an appropriation of the special sales tax revenue. (b) The Director of Finance shall notify the Treasurer, the trustee, and the board when, in each case, (1) and (2) of the following events have occurred: (1) Any of the following has occurred: (A) All bonds issued pursuant to this title and all related ancillary obligations have been paid or retired. (B) Payment of the principal of and interest on all bonds issued pursuant to this title and ancillary obligations have been irrevocably provided for pursuant to the indenture and no bonds are deemed “outstanding” pursuant to the indenture. (C) The Fiscal Recovery Fund holds sufficient funds to pay the principal of, and interest to final maturity on, all bonds issued pursuant to this title that are outstanding and to pay all ancillary obligations, if those funds were appropriated for that purpose by the Legislature. (D) No bonds were issued pursuant to this title and the Director of Finance, as chairperson of the authority, announces that no bonds will be issued pursuant to this title. (2) Any of the following has occurred: (A) All bonds issued pursuant to Title 18 (commencing with Section 99050) and all ancillary obligations relating thereto have been paid or retired. (B) Payment of the principal of and interest on all of those bonds and the payment of ancillary obligations identified in subparagraph (A) has been irrevocably provided for pursuant to the related resolution and no bonds or ancillary obligations are deemed “outstanding” pursuant to that resolution. (C) The Fiscal Recovery Fund holds sufficient funds to pay the principal of, and interest to final maturity on, all of the bonds and to pay ancillary obligations identified in subparagraph (A) that are outstanding. (D) The Economic Recovery Bond Act was not approved by the voters. (c) Notwithstanding any other provision of law, Section 5924 shall not apply to payment of any fees or costs of any ancillary obligations entered into by the authority or the Treasurer in connection with any bonds issued pursuant to this title. (d) For purposes of subdivision (d) of Section 6051.5, and subdivision (d) of Section 6201.5, of the Revenue and Taxation Code, and Section 99010 of this code, notification pursuant to subdivision (b) shall be deemed to be given by the Director of Finance only when the notifications described in both paragraph (1) and paragraph (2) of subdivision (b) have been given. (Amended by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 1.5. Effective December 12, 2003. Operative March 3, 2004, pursuant to Sec. 8 of Ch. 2.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 2. California Fiscal Recovery Financing Authority [99004 - 99007] ( Chapter 2 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99007. Section 10295 of, and Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of, the Public Contract Code do not apply to agreements entered into by the authority or any individual to whom the authority delegates contracting authority in connection with the sale of bonds or other matters authorized under this title. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 3. Fiscal Recovery Fund [99008 - 99010] ( Chapter 3 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99008. (a) The Fiscal Recovery Fund is hereby created as a special fund in the State Treasury. (b) Moneys in the Fiscal Recovery Fund shall be invested in the Surplus Money Investment Fund, except as otherwise provided in a resolution adopted pursuant to Title 18 (commencing with Section 99050), and any income from that investment shall be credited to the Fiscal Recovery Fund. (c) (1) Except for funds appropriated pursuant to subdivision (d), amounts in the Fiscal Recovery Fund, together with earnings thereon, shall be available solely for the purposes set forth in subdivision (c) of Section 99002 upon appropriation by the Legislature in each fiscal year. Upon an appropriation, if any, by the Legislature for the purposes specified in subdivision (c) of Section 99002 in a fiscal year, for the balance of that fiscal year all appropriated moneys then held or to be received in the Fiscal Recovery Fund for that purpose shall constitute available revenues and shall be disbursed to the trustee not less frequently than once per month. Available revenues shall belong to the authority, absolutely and unconditionally, and without any right of setoff, recoupment, or counterclaim. (2) Paragraph (1) and subdivision (d) shall become inoperative on the date on which all bonds and ancillary obligations issued pursuant to this title are not outstanding, as certified by the Director of Finance pursuant to paragraph (1) of subdivision (b) of Section 99006. On and after the date on which paragraph (1) and subdivision (d) become inoperative, the Fiscal Recovery Fund shall be used solely for the purpose set forth in Section 99072 and, as provided in Section 99072, shall be continuously appropriated for that purpose. (d) Notwithstanding Section 13340, an amount not to exceed one million dollars ($1,000,000) per fiscal year is hereby continuously appropriated from the Fiscal Recovery Fund to the authority, without regard to fiscal years, sufficient to pay administrative costs as approved by the Director of Finance. (Amended by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 2. Effective December 12, 2003. Operative March 3, 2004, pursuant to Sec. 8 of Ch. 2.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 3. Fiscal Recovery Fund [99008 - 99010] ( Chapter 3 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99009. Moneys held in the Fiscal Recovery Fund may not be borrowed by, or available for transfer to, the General Fund pursuant to Section 16310 or any similar authority, or the General Cash Revolving Fund pursuant to Section 16381 or any similar authority. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 1. General [9900 - 9907] ( Article 1 added June 5, 1984, by initiative Proposition 24. ) ## 9901. Findings and declaration. The people find and declare: (a) All citizens of the State are entitled to full and effective representation by their elected representatives. (b) In recent years spending for the support of the Legislature has increased at a rate greatly exceeding the growth in spending for most other state functions, severely damaging the image and credibility of the Legislature with the people of California. (c) In the absence of reasonable oversight and constraints, powerful individual lawmakers exercise virtually exclusive control over legislative spending, depriving the people of California and other lawmakers of an effective means of discovering how these monies are being spent or of judging the propriety of those expenditures. (d) The distribution of funding, staff, and informational resources in the Legislature according to predominantly partisan criteria has greatly hindered the ability of minority party representatives to provide effective legislative representation. (e) The concentration of power in the office of Speaker of the Assembly and, to a lesser extent, in the office of President pro Tempore of the Senate, has created a system of patronage and punishment through which a single legislator, accountable only to the people of a single legislative district, is able to wield greatly disproportionate influence over the laws of California. (f) The growth in abusive voting practices in the Legislature and its committees has worked to deprive the people of their right to monitor the performance of their legislative representatives and respond accordingly. (g) The Legislature’s refusal to adhere to statutory and traditional notice and publication requirements for committee hearings and reports of conference committees has deprived the public of its right to make effective input into the legislative process. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 3. Fiscal Recovery Fund [99008 - 99010] ( Chapter 3 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99010. The Fiscal Recovery Fund may not be terminated until the Director of Finance provides the notification described in subdivision (b) of Section 99006. Notwithstanding any limitations contained in this title on the use of moneys in the Fiscal Recovery Fund and the interest earnings thereon, after the Director of Finance has provided that notification, and the board has ceased to collect the special sales tax revenues and the Controller has made the transfer described in paragraph (4) of subdivision (d) of Section 97.68 of the Revenue and Taxation Code, the Controller shall, upon order of the Department of Finance, transfer any amounts remaining in the fund to the General Fund. (Amended by Stats. 2017, Ch. 19, Sec. 20. (AB 111) Effective June 27, 2017.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 4. Bond Provisions [99011 - 99016] ( Chapter 4 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99011. (a) The authority, at any time or from time to time, upon the request of the Director of Finance, may issue bonds for the purposes set forth in subdivision (b) of Section 99005. Each issue of bonds may be in an amount sufficient to provide for the funding of all or a portion of the accumulated budget deficit, for funding any necessary reserves and capitalized interest, for obtaining or entering into any ancillary obligations deemed necessary or desirable by the authority, for paying costs of issuance of the bonds as approved by the Director of Finance, or for refunding any bonds previously issued by the authority. (b) Bonds issued pursuant to this title, and any ancillary obligations entered into with respect to those bonds, are not a debt or liability of the state or of any political subdivision thereof or a pledge of the full faith and credit of the state or of any political subdivision thereof, and shall be payable by the authority solely from available revenues. Notwithstanding any other provision of law, the Legislature is not obligated to appropriate special sales tax revenues or any other funds or otherwise make any other funds available to pay debt service on the bonds or to pay ancillary obligations issued or entered into pursuant to this title. All bonds shall contain on the face thereof a statement to the effect that the bonds are a special obligation of the authority payable solely from available revenues, including moneys deposited in the Fiscal Recovery Fund, if and to the extent appropriated in each fiscal year for that purpose by the Legislature; that the Legislature is not obligated to make such an appropriation or to provide any other funds for the repayment of the bonds; that neither the state nor any political subdivision thereof, except the authority to the extent provided in this subdivision, is obligated to pay the bonds or the interest thereon; that neither the full faith and credit nor the taxing power of the state or any political subdivision thereof is pledged to the payment of the principal of or interest on the bonds; and that the authority has no taxing power. (c) (1) On request of the Director of Finance, the authority may issue bond anticipation notes, payable within a period not to exceed two years, from the proceeds of the sale of bonds or from available revenues, or both, as provided in the indenture pertaining to the bond anticipation notes. (2) Notwithstanding paragraph (1), if bonds that are not bond anticipation notes have not been issued at the maturity date of an issue of bond anticipation notes, the authority may renew those notes from time-to-time, provided the final maturity date of any such renewal notes shall not be later than six years from the date of initial issuance of a series of bond anticipation notes. The authority may not renew any bond anticipation notes after issuance of bonds in an amount sufficient to refund those notes. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 4. Bond Provisions [99011 - 99016] ( Chapter 4 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99012. (a) The indenture may provide any or all of the following for the bonds: (1) The form of the bonds, which may be issued as serial bonds, term bonds, or installment bonds, or any combination thereof. (2) The date or dates to be borne by the bonds. (3) The time or times of maturity of the bonds. (4) The interest, fixed or variable, to be borne by the bonds. (5) The time or times that the bonds shall be payable. (6) The denominations, form, and registration privileges of the bonds. (7) The manner of execution of the bonds. (8) The place or places the bonds are payable, which may include one or more paying agents within or outside of the state. (9) The terms of redemption, tender, or purchase of the bonds. (10) The establishment of funds and accounts to be held by a trustee to provide for payment or security for the bonds or ancillary obligations or related costs. (11) Any other terms and conditions deemed necessary by the authority. (b) Pursuant to Section 5702, the Treasurer shall serve as agent for the offer and sale of the bonds. The bonds may be sold at either a competitive or negotiated sale, at the time or times, at a premium or a discount, or with neither, and with all other terms and conditions that the Treasurer, in his or her capacity as agent for sale of state bonds, shall determine. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 4. Bond Provisions [99011 - 99016] ( Chapter 4 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99013. The proceeds of the bonds, exclusive of amounts required to be held by the authority for reserves, capitalized interest, or costs of issuance and ancillary obligations, as authorized by subdivision (a) of Section 99011, shall be deposited in the General Fund to fund all or a portion of the accumulated budget deficit, or shall be used to refund bonds previously issued pursuant to this title. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 4. Bond Provisions [99011 - 99016] ( Chapter 4 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99014. (a) At the discretion of the authority, any bonds issued pursuant to this title may be secured by an indenture by and between the authority and a trustee. The indenture may contain any provision to protect and enforce the rights and remedies of the bond owners that is reasonable and proper and not in violation of law. The indenture may set forth the rights and remedies of the bond owners and of the trustee or trustees and may restrict the individual right of action by bond owners. (b) Any trust funds or accounts created by the indenture may be held outside the State Treasury. Available revenues deposited in a trust fund or account held outside the State Treasury are hereby pledged to secure the bonds and ancillary obligations, subject to application for the purposes and pursuant to the terms set forth in the indenture. The available revenues so pledged shall immediately be subject to the lien of the pledge without filing, physical delivery, or other act, and the lien of the pledge shall be superior to all other claims and liens of any kind whatsoever. (c) In addition to the requirements of subdivisions (a) and (b), any indenture described in this section may contain any other provisions the authority may deem reasonable and proper for the security of the bond owners. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 4. Bond Provisions [99011 - 99016] ( Chapter 4 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99015. (a) The authority may provide for the issuance of bonds any portion of which is to be used for the purpose of refunding outstanding bonds, including the payment of the principal thereof and interest and redemption premiums, if any, thereon. The proceeds of bonds issued to refund any outstanding bonds may be applied to the retirement of those outstanding bonds at maturity, or the redemption, on any redemption date, or purchase of the outstanding bonds prior to maturity, upon the terms and subject to the conditions the authority shall deem advisable. (b) Notwithstanding any other provision of this title, the authority may not issue refunding bonds with a final maturity date later than the final maturity date of the series of bonds being refunded, unless the Legislature has adopted legislation by a two-thirds vote of each house, extending the imposition of a special sales tax or taxes to provide for payment of the refunding bonds. This subdivision shall not apply to bonds issued to refund bond anticipation notes issued pursuant to subdivision (c) of Section 99011. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 4. Bond Provisions [99011 - 99016] ( Chapter 4 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99016. The exercise of the powers granted by this title shall be in all respects for the benefit of the people of the state. Any and all bonds issued by the authority, their transfer, and the income therefrom, shall at all times be free from taxation of every kind by the state and by all political subdivisions of the state. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 5. Miscellaneous Provisions [99017 - 99047] ( Chapter 5 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99017. This title, being necessary for the health, welfare, and safety of the people of the state, shall be liberally construed to effect its purposes. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 5. Miscellaneous Provisions [99017 - 99047] ( Chapter 5 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99018. This title shall be deemed to provide a complete, additional, and alternative method for doing the things authorized in its provisions, and shall be regarded as supplemental and additional to the powers conferred by other laws. The sale and issuance of bonds, the application of proceeds to the funding of the accumulated budget deficit, and the refunding of prior bonds and the entering into of any ancillary obligation under this title, are not required to comply with the requirements of any other state or local law applicable to the issuance of bonds or ancillary obligations. The purposes authorized in subdivision (c) of Section 99002 may be effectuated and bonds are authorized to be issued for any of those purposes, notwithstanding that any other state or local law may provide for those purposes or for the issuance of bonds for the same or similar purposes, and without regard to the requirements, restrictions, limitations, or other provisions contained in any other state or local law. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 5. Miscellaneous Provisions [99017 - 99047] ( Chapter 5 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99019. Bonds issued pursuant to this title are a legal investment for any state special fund or trust fund, notwithstanding any provision of state or local law limiting the investments that may be made by the fund. The bonds shall be legal investments in which all public officers and public bodies of the state and its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking institutions, including savings and loan associations, building and loan associations, trust companies, savings banks and savings associations, investment companies, and other persons carrying on banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all persons authorized to invest in bonds or other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The bonds may be used by any such private financial institution, person, or association as security for public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is authorized by law, including deposits to secure public funds. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 1. General [9900 - 9907] ( Article 1 added June 5, 1984, by initiative Proposition 24. ) ## 9902. Purposes of chapter The people enact this chapter to accomplish the following purposes: (a) Appropriations for the support of the Legislature should be reduced by thirty percent from 1983–84 budgeted levels and future growth in legislative spending should be limited to a rate commensurate with the growth of state government spending in general. (b) Control over legislative spending should be removed from the hands of powerful individual lawmakers and there should be established a system of independent monitoring of legislative spending practices and increased disclosure of legislative spending levels. (c) All Members of the Legislature, regardless of partisan affiliation, should be provided with equal opportunity and resources to effectively serve their constituents. The minority party or parties in each house of the Legislature should be provided with resources, funding, and a policy-making voice proportionate with their numbers in that house in order to achieve the end of fair and effective representation for all. (d) No single Member of the Legislature should be given extraordinary power to influence the course of legislation nor the power to punish other members for the good faith exercise of their free will and judgment on behalf of their constituents. (e) No system of legislative voting which serves to deny or obscure the people’s right to know how their representatives vote should be permitted in the Legislature. (f) The people have the right to have notice of, see, and express their feelings on all proposed changes in the laws, including those changes proposed in reports of conference committees, and any knowing and willful violation of these rights should be a criminal offense and the laws passed in violation thereof invalidated. (Amended by Stats. 2023, Ch. 131, Sec. 71. (AB 1754) Effective January 1, 2024.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 5. Miscellaneous Provisions [99017 - 99047] ( Chapter 5 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99020. (a) The authority may bring an action to determine the validity of any bonds to be issued, or ancillary obligations and other contracts to be entered into, under this title pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. For the purposes of Section 860 of the Code of Civil Procedure, any action initiated pursuant to this section shall be brought in the Superior Court in the County of Sacramento. (b) Any action brought to enforce any provision of this title shall be brought in the Superior Court in the County of Sacramento and shall have priority over civil matters not themselves having priority. (c) Notwithstanding any other provision of law, the exclusive means to obtain review of a superior court judgment entered in an action brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of any bonds to be issued, or ancillary obligations or other contracts to be entered into, under this title shall be by petition to the Supreme Court for writ of review. Any such petition shall be filed within 15 days following the notice of entry of the superior court judgment, and no extension of that period may be allowed. If no petition is filed within the time allowed therefor, or the petition is denied, with or without opinion, the decision of the superior court shall be final and enforceable as provided in subdivision (a) of Section 870 of the Code of Civil Procedure. In any case in which a petition has been filed within the time allowed therefor, the Supreme Court shall make any orders it deems proper in the circumstances. If no answering party appeared in the superior court action, the only issues that may be raised in the petition are those related to the jurisdiction of the superior court. (Added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. Effective October 28, 2003.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 1. General [9900 - 9907] ( Article 1 added June 5, 1984, by initiative Proposition 24. ) ## 9903. Construction of chapter This chapter shall be liberally construed to accomplish its purposes. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 1. General [9900 - 9907] ( Article 1 added June 5, 1984, by initiative Proposition 24. ) ## 9904. Amendment or repeal of chapter; procedures This chapter may be amended only by the procedures set forth in this section. If any portion of subsection (a) is declared invalid, then subsection (b) shall be the exclusive means of amending or repealing this chapter. (a) This chapter may be amended only to further its purposes and only by statute, passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring and signed by the Governor, if at least 20 days prior to passage in each house the bill in its final form has been printed and made available for public inspection. (b) This chapter may be amended or repealed by a statute that becomes effective only when approved by the electors. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 5. Miscellaneous Provisions [99017 - 99047] ( Chapter 5 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99040. The Director of Finance shall immediately notify the Joint Legislative Budget Committee, the Executive Officer of the Franchise Tax Board, the Executive Director of the State Board of Equalization, and the Director of the Department of Motor Vehicles when and if an amendment to the California Constitution is approved at a statewide election held during the 2009 calendar year, that limits the total amount that, under Section 20 of Article XVI of the California Constitution, may be transferred by statute from the Budget Stabilization Account, or any successor to that account, to the General Fund. (Added by Stats. 2009, 3rd Ex. Sess., Ch. 18, Sec. 1. Effective February 20, 2009.)

## Government Code - GOV ## TITLE 17. CALIFORNIA FISCAL RECOVERY FINANCING ACT [99000 - 99047] ( Title 17 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## CHAPTER 5. Miscellaneous Provisions [99017 - 99047] ( Chapter 5 added by Stats. 2003, 1st Ex. Sess., Ch. 13, Sec. 2. ) ## 99047. The Director of Finance shall immediately notify the Joint Legislative Budget Committee, the Executive Director of the State Board of Equalization, and the Controller upon the occurrence of a legislative or administrative action that does any of the following effective prior to July 1, 2012: (a) Transitions any enrollee in the Healthy Families Program pursuant to Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code to the Medi-Cal program under Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code or any other state program. For the purpose of this section, a “transition” shall not include the enrollment of a Healthy Families Program enrollee into Medi-Cal or any other state program based upon Medi-Cal or any other state program eligibility criterion as it exists at the time of enactment. (b) Transfers any administrative functions for the Healthy Families Program, including, but not limited to, eligibility processing and health care service delivery, away from the Managed Risk Medical Insurance Board or vendors with whom the Managed Risk Medical Insurance Board chooses to contract for performance of these functions. (c) Ceases operation of, or repeals, the Healthy Families Program pursuant to Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code. (d) Ceases operation of, or repeals authorization for, the Managed Risk Medical Insurance Board. (Added by Stats. 2011, 1st Ex. Sess., Ch. 11, Sec. 1. (AB 21 1x) Effective September 16, 2011. Conditionally inoperative as provided in Sec. 92 of Ch. 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 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 1. General [9900 - 9907] ( Article 1 added June 5, 1984, by initiative Proposition 24. ) ## 9905. Imposition of additional requirements; law governing Nothing in this chapter shall prevent the Legislature from imposing additional requirements on itself if the requirements do not conflict with the purposes of this chapter. If any act of the Legislature conflicts with the provisions of this chapter, this chapter shall prevail. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 1. General Provisions [99050 - 99051] ( Chapter 1 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99050. (a) This title shall be known and may be cited as the Economic Recovery Bond Act. (b) The Legislature finds and declares that it is essential to the public welfare that an efficient, equitable, and alternative source of funding be established in order to preserve public education and critical health and safety programs that otherwise could not be funded in light of the accumulated state budget deficit, and that securing the availability of the proceeds of the bonds proposed to be issued and sold pursuant to this title is the most efficient, equitable, and economical means available. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 1. General Provisions [99050 - 99051] ( Chapter 1 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99051. As used in this title, the following terms have the following meanings: (a) (1) “Accumulated state budget deficit” has the same meaning as in Section 1.3 of Article XVI of the California Constitution. (2) The amount referred to in paragraph (1) shall be as certified by the Director of Finance. (b) “Ancillary obligation” means an obligation of the state entered into in connection with any bonds issued under this title, including the following: (1) A credit enhancement or liquidity agreement, including any credit enhancement or liquidity agreement in the form of bond insurance, letter of credit, standby bond purchase agreement, reimbursement agreement, liquidity facility, or other similar arrangement. (2) A remarketing agreement. (3) An auction agent agreement. (4) A broker-dealer agreement or other agreement relating to the marketing of the bonds. (5) An interest rate or other type of swap or hedging contract. (6) An investment agreement, forward purchase agreement, or similar structured investment contract. (c) “Committee” means the Economic Recovery Financing Committee created pursuant to Section 99055. (d) “Fund” means the Economic Recovery Fund created pursuant to Section 99060. (e) “Resolution” means any resolution, trust agreement, indenture, certificate, or other instrument authorizing the issuance of bonds pursuant to this title and providing for their security and repayment. (f) “Trustee” means the Treasurer or a bank or trust company within or without the state acting as trustee for any issue of bonds under this title and, if there is more than one issue of bonds, the term means the trustee for each issue of bonds, respectively. If there are cotrustees for an issue of bonds, “trustee” means those cotrustees collectively. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 2. Economic Recovery Financing Committee [99055- 99055.] ( Chapter 2 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99055. (a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this title and the making of those determinations and the taking of other actions as are authorized by this title, the Economic Recovery Financing Committee is hereby created. For purposes of this title, the Economic Recovery Financing Committee is “the committee” as that term is used in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2). (b) The committee consists of all of the following members: (1) The Governor or his or her designee. (2) The Director of Finance. (3) The Treasurer. (4) The Controller. (5) The Director of the Governor’s Office of Business and Economic Development. (6) The Director of General Services. (7) The Director of Transportation. (c) Notwithstanding any other provision of law, any member may designate a deputy to act as that member in his or her place and stead for all purposes, as though the member were personally present. (d) The Legislature finds and declares that each member of the committee has previously acted as a member of a similar finance committee. (e) A majority of the members of the committee shall constitute a quorum of the committee and may act for the committee. (f) The Director of Finance shall serve as chairperson of the committee. (Amended by Stats. 2013, Ch. 353, Sec. 110. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353. Note: This section was added by Stats. 2003, 5th Ex. Sess., Ch. 2, and approved in Prop. 57 on March 2, 2004.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 1. General [9900 - 9907] ( Article 1 added June 5, 1984, by initiative Proposition 24. ) ## 9906. Severability If any provision of this chapter, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 3. Economic Recovery Fund [99060 - 99064] ( Chapter 3 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99060. (a) The proceeds of bonds issued and sold pursuant to this title shall be deposited in the Economic Recovery Fund, which is hereby established in the State Treasury. (b) Moneys in the fund shall be invested in the Surplus Money Investment Fund, and any income from that investment shall be credited to the fund. (c) Except for amounts necessary to pay costs of issuance, administrative costs, and any other costs payable in connection with the bonds, and to retire or refund bonds issued and sold pursuant to this title or bonds issued and sold under Title 17 (commencing with Section 99000), the remaining balance of the fund, as determined by the committee, shall be transferred to the General Fund to fund the purposes set forth in this title. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 3. Economic Recovery Fund [99060 - 99064] ( Chapter 3 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99062. Out of the first money realized from the sale of bonds as provided in this chapter, there shall be redeposited in the General Obligation Bond Expense Revolving Fund, established by Section 16724.5, the amount of all expenditures made for purposes specified in that section, and this money may be used for the same purpose and repaid in the same manner whenever additional bond sales are made. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 3. Economic Recovery Fund [99060 - 99064] ( Chapter 3 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99064. The proceeds of the bonds issued and sold pursuant to this chapter shall be available for the purpose of providing an efficient, equitable, and economical means of doing both of the following: (a) Funding the accumulated state budget deficit, which may be accomplished in part by refunding or repaying bonds issued pursuant to Title 17 (commencing with Section 99000). (b) Paying costs relating to the issuance of bonds under this title, including, but not limited to, providing reserves, capitalized interest, and the costs of obtaining or entering into any ancillary obligation, costs associated with the repayment or refunding of the fiscal recovery bonds issued pursuant to Title 17 (commencing with Section 99000), and administrative and other costs associated with implementing the purposes of this title. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 4. Bond Provisions [99065 - 99077] ( Chapter 4 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99065. (a) Subject to subdivision (b), bonds in the total amount of fifteen billion dollars ($15,000,000,000), not including the amount of any refunding bonds issued in accordance with Section 99075, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this title and to reimburse the General Obligation Bond Expense Revolving Fund, pursuant to Section 16724.5. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. Additionally, the bonds, when sold, shall be secured by a pledge of revenues and any other amounts in the Fiscal Recovery Fund created pursuant to Section 99008. The bonds may be secured by different lien priorities on amounts in the Fiscal Recovery Fund. (b) The amount of bonds that may be issued and sold pursuant to subdivision (a) shall be reduced by the amount of bonds issued pursuant to Title 17 (commencing with Section 99000), and by the amount of bonds issued pursuant to the California Pension Obligation Financing Act (Chapter 7 (commencing with Section 16910) of Part 3 of Division 4 of Title 2), except to the extent those bonds will be retired, defeased, or redeemed with the proceeds of bonds authorized by this title. (c) Pursuant to this section, the Treasurer shall sell the bonds authorized by the committee. The bonds shall be sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 and Section 99070. Whenever the committee deems it necessary for an effective sale of the bonds, the committee may authorize the Treasurer to sell any issue of bonds at less than their par value. Notwithstanding Section 16754.3, the discount with respect to any issue of the bonds shall not exceed 3 percent of the par value thereof, net of any premium. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 4. Bond Provisions [99065 - 99077] ( Chapter 4 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99066. The bonds authorized by this title shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2), and all of the provisions of that law, except subdivisions (a) and (b) of Section 16727 or any other provision in that law that is inconsistent with the terms of this title, apply to the bonds and to this title and are hereby incorporated in this title as though set forth in full in this title. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 4. Bond Provisions [99065 - 99077] ( Chapter 4 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99067. For purposes of this title, the Department of Finance is designated the “board” as that term is used in the State General Obligation Bond Law. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 4. Bond Provisions [99065 - 99077] ( Chapter 4 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99069. Notwithstanding any other provision of this title, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this title that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes subject to designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds that is required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 1. General [9900 - 9907] ( Article 1 added June 5, 1984, by initiative Proposition 24. ) ## 9907. Effective date This chapter shall go into effect immediately. Notwithstanding any other provision of law, all changes in the structure or operation of the Legislature required by this chapter, including but not limited to the adoption of rules in accordance with Section 9920 and 9921, the reorganization of the Senate Committee on Rules, the Assembly Committee on Rules, the Joint Rules Committee, and all standing, special, select, and joint committees of the Legislature, including the reallocation of staff resources, in accordance with Sections 9911, 9915, 9917, 9922, 9923, and 9924, and the reduction in funding for support of the Legislature pursuant to Section 9934, shall be implemented upon the first meeting of the Legislature in regular or special session subsequent to enactment of this chapter. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 4. Bond Provisions [99065 - 99077] ( Chapter 4 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99070. (a) (1) The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this title in order to carry out the purposes of this title and, if so, the amount of bonds to be issued and sold, the times at which the proceeds of the bonds authorized by this title shall be required to be available, and those other terms and conditions for the bonds authorized by this title as it shall determine necessary or desirable. (2) In addition to all other powers specifically granted in this title and the State General Obligation Bond Law, the committee may do all things necessary or convenient to carry out the powers and purposes of this title, including the approval of any indenture and any ancillary obligation relating to those bonds, and the delegation of necessary duties to the chairperson, and to the Treasurer as agent for sale of the bonds. (3) The committee shall determine the amount of the bonds to be issued so that the net proceeds of the bonds issued to fund the accumulated budget deficit, when added to the net proceeds of any bonds issued pursuant to Title 17 (commencing with Section 99000) for that purpose, exclusive of bonds issued pursuant to this title for the purpose of refunding bonds issued pursuant to this title or Title 17 (commencing with Section 99000), will not exceed fifteen billion dollars ($15,000,000,000) in the aggregate. Nothing in this section shall be construed to limit the ability of the committee to authorize the issuance of any amount of bonds that it shall determine necessary or appropriate to accomplish the purposes of this title, including the refunding or redemption of the bonds issued pursuant to Title 17 (commencing with Section 99000), subject to the limit on the total amount of bonds set forth in Section 99065. (b) Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. In addition to all other powers specifically granted in this title and the State General Obligation Bond Law, the committee may do all things necessary or convenient, including the delegation of necessary duties to the chairperson and to the Treasurer as agent for sale of the bonds, to carry out the powers and purposes of this title. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 4. Bond Provisions [99065 - 99077] ( Chapter 4 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99071. The principal of and interest on the bonds and the payment of any ancillary obligations shall be payable from and secured by a pledge of all state sales and use tax revenues in the Fiscal Recovery Fund established pursuant to Section 99008 and any earnings thereon. To the extent that moneys in the Fiscal Recovery Fund are deemed insufficient to make these payments, pursuant to an estimate certified by the Director of Finance and approved by the committee, there shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds and the payment of any ancillary obligations for which payment is authorized by this title and for which the full faith and credit of the state has been pledged. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 4. Bond Provisions [99065 - 99077] ( Chapter 4 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99072. (a) Notwithstanding Section 13340, there is hereby continuously appropriated from the Fiscal Recovery Fund established pursuant to Section 99008 an amount that will equal the total of the following: (1) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold as described in Section 99070, as the principal and interest become due and payable, together with any amount necessary to satisfy any reserve and coverage requirements in the resolution. (2) The sum necessary to pay any ancillary obligations entered into in connection with the bonds. (3) Any trustee and other administrative costs incurred in connection with servicing the bonds and ancillary obligations. (4) Redemption, retirement, defeasance or purchase of any bonds as authorized by the committee prior to their stated maturity dates. (b) Notwithstanding Section 13340, if the funds appropriated by subdivision (a) are estimated to be insufficient to meet the requirement specified in paragraphs (1) to (4), inclusive, of subdivision (a), as approved pursuant to Section 99071, there is hereby continuously appropriated from the General Fund, for the purposes of this chapter, an amount that will provide sufficient revenues to meet whatever requirements specified in paragraphs (1) to (4), inclusive, of subdivision (a) cannot be met from revenues appropriated from the Fiscal Recovery Fund. (c) The sales and use tax revenues received pursuant to Sections 6051.5 and 6201.5 of the Revenue and Taxation Code and deposited into the Fiscal Recovery Fund are hereby irrevocably pledged to the payment of principal and interest on the bonds issued pursuant to this title, to payment of any ancillary obligations, and to costs necessary for servicing and administering the bonds and ancillary obligations. The Legislature may elect to deposit additional revenues in the Fiscal Recovery Fund. The pledge of this subdivision shall vest automatically upon execution and delivery of any resolution or agreement relating to ancillary obligations, without the need for any notice or filing in any office or location. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 4. Bond Provisions [99065 - 99077] ( Chapter 4 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99074. All money deposited in the Economic Recovery Fund that is derived from accrued interest on bonds sold shall be reserved in that fund and shall be available for transfer to the Fiscal Recovery Fund as a credit to expenditures for bond interest. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 4. Bond Provisions [99065 - 99077] ( Chapter 4 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99075. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2, which is a part of the State General Obligation Bond Law. Approval by the electors of the state for the issuance of the bonds described in this title shall include approval of the issuance of any bonds issued to refund any bonds originally issued under this title or any previously issued refunding bonds. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 4. Bond Provisions [99065 - 99077] ( Chapter 4 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99076. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this title are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 18. THE ECONOMIC RECOVERY BOND ACT [99050 - 99077] ( Title 18 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## CHAPTER 4. Bond Provisions [99065 - 99077] ( Chapter 4 added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. ) ## 99077. The state hereby pledges and agrees with the holders of any bonds issued pursuant to this title that it will not reduce the rate of imposition of either of the taxes imposed pursuant to Sections 6051.5 and 6201.5 of the Revenue and Taxation Code, which generate the revenue deposited in the Fiscal Recovery Fund. (Added by Stats. 2003, 5th Ex. Sess., Ch. 2, Sec. 3. Approved in Proposition 57 at the March 2, 2004, election.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 6. INSURANCE [989 - 991.2] ( Part 6 added by Stats. 1963, Ch. 1682. ) ## 991. Where an enactment, other than this part, authorizes or requires a local public entity to insure against its liability or the liability of its employees: (a) The authority provided by this part to insure does not affect such other enactment. (b) Such other enactment does not limit or restrict the authority to insure under this part; but, except to the extent authorized by Section 1251 of the Education Code, nothing in this part permits a school district to self-insure in any case where the school district is required to insure. (Added by Stats. 1963, Ch. 1682, Sec. 12.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 6. INSURANCE [989 - 991.2] ( Part 6 added by Stats. 1963, Ch. 1682. ) ## 991.2. Neither the authority provided by this part to insure, nor the exercise of such authority, shall: (a) Impose any liability upon the local public entity or its employee unless such liability otherwise exists. (b) Impair any defense the local public entity or its employee otherwise may have. (Added by Stats. 1963, Ch. 1682, Sec. 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 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 2. Legislative Powers and Duties [9910 - 9917] ( Article 2 added June 5, 1984, by initiative Proposition 24. ) ## 9910. Speaker of the Assembly The Speaker is responsible for the efficient conduct of the legislative and administrative affairs of the Assembly. The Speaker shall be elected upon organization of the Assembly at the beginning of each regular or special session and shall serve until adjournment sine die of that session, unless removed pursuant to Section 9173 and a successor chosen pursuant to the rules of the Assembly. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 19. The Every Kid Counts (EKC) Act [99100 - 99109] ( Title 19 added by Stats. 2017, Ch. 23, Sec. 23. ) ## 99100. This act shall be known, and may be cited, as the Every Kid Counts (EKC) Act. (Added by Stats. 2017, Ch. 23, Sec. 23. (SB 85) Effective June 27, 2017.)

## Government Code - GOV ## TITLE 19. The Every Kid Counts (EKC) Act [99100 - 99109] ( Title 19 added by Stats. 2017, Ch. 23, Sec. 23. ) ## 99101. The Legislature finds and declares all of the following: (a) Children who have even small savings accounts for college are three times more likely to attend, and four times more likely to graduate from, college. (b) College enrollment among low-income students has risen but significantly lags behind the enrollment of middle- and high-income students. In 2012, about 51 percent of recent low-income high school graduates and equivalency holders were enrolled in college, while enrollment among middle- and high-income students had risen to nearly 65 percent and 81 percent, respectively. (c) Recent pilot programs in California and throughout the nation have proven that low-income people can save if they have incentives and mechanisms encouraging them to do so. (Amended by Stats. 2018, Ch. 7, Sec. 26. (AB 108) Effective March 13, 2018.)

## Government Code - GOV ## TITLE 19. The Every Kid Counts (EKC) Act [99100 - 99109] ( Title 19 added by Stats. 2017, Ch. 23, Sec. 23. ) ## 99102. (a) There is hereby established the Every Kid Counts (EKC) College Savings Program. (b) The Student Aid Commission shall implement and administer a grant program that supports local governments and other entities that sponsor one or more comprehensive citywide or regional children’s savings account programs to help families, especially low-income families with young children, establish and maintain college savings accounts. (c) The commission shall distribute grants to qualifying entities determined pursuant to subdivision (d) based on how many of these entities are eligible to receive grants pursuant to subdivision (d), the amount of available funding to award grants under the Every Kid Counts (EKC) College Savings Program, the number of students that each participating entity intends to serve under the program, and the percentage of low-income families residing in the community served by each participating entity. The amount of each grant award to a participating entity shall be, at minimum, one hundred thousand dollars ($100,000). (d) A qualifying entity shall meet all of the following requirements in order to receive a grant under this title: (1) Have a college savings program in operation or development that primarily targets pupils in kindergarten and grades 1 to 6, inclusive, on or before December 31, 2018. (2) Have moneys, in addition to funding allocated pursuant to this title, to support its college savings program. (3) Agree to enter into an evaluation consortium that allows for independent research and evaluation of activities and outcomes associated with its college savings program. (e) Funding allocated to participating entities pursuant to this title may be used for any of the following purposes: (1) To award seed, matching, or incentive grants for individual family college savings accounts. (2) For outreach efforts to educate families about local college savings programs that are in operation or development. (3) To support an established evaluation consortium that monitors, collects data on, and provides analysis on short-term and long-term college savings program trends and the development of best practices. Support under this paragraph may include any of the following: (A) Data collection and evaluation of college savings account creation and activity. (B) Data collection and evaluation of the postsecondary aspirations, enrollment, and degree completion for beneficiaries of college savings accounts. (C) Efforts to help beneficiaries of college savings accounts receive high school diplomas, or the equivalent. (4) To fund one-time administrative costs related to the Every Kid Counts (EKC) College Savings Program. (f) The commission shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the Every Kid Counts (EKC) College Savings Program. (Amended by Stats. 2018, Ch. 7, Sec. 27. (AB 108) Effective March 13, 2018.)

## Government Code - GOV ## TITLE 19. The Every Kid Counts (EKC) Act [99100 - 99109] ( Title 19 added by Stats. 2017, Ch. 23, Sec. 23. ) ## 99106. (a) The commission shall adopt regulations as it deems necessary to implement and administer this title. (b) The commission may adopt regulations to implement and administer this title as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (Amended by Stats. 2018, Ch. 7, Sec. 29. (AB 108) Effective March 13, 2018.)

## Government Code - GOV ## TITLE 19. The Every Kid Counts (EKC) Act [99100 - 99109] ( Title 19 added by Stats. 2017, Ch. 23, Sec. 23. ) ## 99108. The commission may use up to 3 percent of any legislative appropriation for this part for administration of the program. (Amended by Stats. 2018, Ch. 7, Sec. 30. (AB 108) Effective March 13, 2018.)

## Government Code - GOV ## TITLE 19. The Every Kid Counts (EKC) Act [99100 - 99109] ( Title 19 added by Stats. 2017, Ch. 23, Sec. 23. ) ## 99109. (a) The commission may, in implementing and administering this title, consider whether and how proposed actions allow for rigorous evaluation, such as through experimental or quasi-experimental methods, of the effects of a program established pursuant to this title, including whether the program causes each of the following: (1) Families to open a college savings account. (2) Families to make college savings account contributions. (3) Children to attend college. (4) Children to graduate from college. (b) Consistent with other laws, the commission may make data available to allow for the rigorous evaluation described in subdivision (a). (Amended by Stats. 2018, Ch. 7, Sec. 31. (AB 108) Effective March 13, 2018.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 2. Legislative Powers and Duties [9910 - 9917] ( Article 2 added June 5, 1984, by initiative Proposition 24. ) ## 9911. Assembly Committee on Rules There is hereby created in the Assembly a Committee on Rules, which shall consist of the Speaker, who shall be the chairman of the committee, and six other Members of the Assembly, three to be elected by the party having the largest number of Members in the Assembly and three to be elected by the party having the second largest number of Members. The Assembly Committee on Rules has a continuing existence and may meet and act during sessions of the Legislature or any recess thereof and in the interim periods between sessions. The committee shall have all the powers and authority provided in Section 11 of Article IV of the Constitution of California, in this article, and as provided in the rules of the Assembly. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 2. Legislative Powers and Duties [9910 - 9917] ( Article 2 added June 5, 1984, by initiative Proposition 24. ) ## 9912. Powers of the Assembly Committee on Rules (a) The Assembly Committee on Rules shall have the power: (1) To assign all bills to Assembly committees. (2) To appoint the Chairmen and Vice-chairmen of all other Assembly Committees, provided that the Chairman and Vice-chairman of each committee must be members of different parties. (3) To have general direction over the Assembly Chamber and rooms set aside for the use of the Assembly, including the rooms for use by Members as private offices. (4) To allocate all funds, staffing, and other resources necessary for the effective operation of the Assembly. Except as provided otherwise by affirmative recorded vote of two thirds of the total membership of the committee, all funds, staffing, and resources shall be allocated proportionately by party. (5) To exercise such other powers and perform such duties as may be provided by statute enacted in accordance with the provisions of this chapter, or in the rules of the Assembly. (b) Notwithstanding any other provision of law or rule, neither the Chairman nor any member or agent of the Assembly Committee on Rules shall have the power to perform any action on behalf of the committee, including but not limited to the making of contracts, the payment of claims, the allocation of office space, or the hiring or dismissal of staff, without the express authorization of two thirds of the total membership of the committee. Such authorization shall apply only to the matter or matters under immediate consideration. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 2. Legislative Powers and Duties [9910 - 9917] ( Article 2 added June 5, 1984, by initiative Proposition 24. ) ## 9913. Appointments by the speaker; confirmation by Assembly Committee on Rules Notwithstanding any other provision of law, all statutory appointments delegated to the Speaker of the Assembly are subject to confirmation by the Assembly Committee on Rules, two thirds of the membership thereof concurring. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 2. Legislative Powers and Duties [9910 - 9917] ( Article 2 added June 5, 1984, by initiative Proposition 24. ) ## 9914. President pro tempore of the senate The President pro Tempore is responsible for the efficient conduct of the legislative and administrative affairs of the Senate. The President pro Tempore shall be elected upon organization of the Senate at the beginning of each regular or special session and shall serve until adjournment sine die of that session, unless removed pursuant to Section 9173 and a successor chosen pursuant to the rules of the Senate. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 2. Legislative Powers and Duties [9910 - 9917] ( Article 2 added June 5, 1984, by initiative Proposition 24. ) ## 9915. Senate Committee on Rules There is hereby created in the Senate a Committee on Rules, which shall consist of the President pro Tempore of the Senate, who shall be the chairman of the committee, and four other Members of the Senate, two to be elected by the party having the largest number of Members in the Senate and two to be elected by the party having the second largest number of Members. The Senate Committee on Rules has a continuing existence and may meet and act during sessions of the Legislature or any recess thereof and in the interim periods between sessions. The committee shall have all the powers and authority provided in Section 11 of Article IV of the Constitution of California, in this article, and as provided in the rules of the Senate. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 2. Legislative Powers and Duties [9910 - 9917] ( Article 2 added June 5, 1984, by initiative Proposition 24. ) ## 9916. Powers of the Senate Committee on Rules (a) The Senate Committee on Rules shall have the power: (1) To assign all bills to Senate committees. (2) To appoint the Chairmen and Vice-chairmen of all other Senate committees, provided that the Chairman and Vice-chairman of each committee must be members of different parties. (3) To have general direction over the Senate Chamber and rooms set aside for the use of the Senate, including the rooms for use by Members as private offices. (4) To allocate all funds, staffing, and other resources necessary for the effective operation of the Senate. Except as decided otherwise by affirmative recorded vote of two thirds of the total membership of the committee, all funds, staffing, and resources shall be allocated proportionately by party. (5) To exercise such other powers and perform such duties as may be provided by statute enacted in accordance with the provisions of this chapter, or in the rules of the Senate. (b) Notwithstanding any other provision of law or rule, neither the Chairman nor any member or agent of the Senate Committee on Rules shall have the power to perform any action on behalf of the committee, including but not limited to the making of contracts, the payment of claims, the allocation of office space, or the hiring or dismissal of staff, without the express authorization of two thirds of the membership of the committee. Such authorization shall apply only to the matter or matters under immediate consideration. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 2. Legislative Powers and Duties [9910 - 9917] ( Article 2 added June 5, 1984, by initiative Proposition 24. ) ## 9917. Joint rules committee (a) There is hereby created the Joint Rules Committee which shall be comprised of the combined membership of the Assembly Committee on Rules and the Senate Committee on Rules as specified in this article and two other Members of the Senate, one to be elected by the party having the largest number of Members in the Senate and one to be elected by the party having the second largest number of Members. The committee herein created has a continuing existence and may meet and act during sessions of the Legislature or any recess thereof and in the interim periods between sessions. The committee shall have all the powers and authority provided in Section 11 of Article IV of the Constitution of California, this title, and in the joint rules of the Legislature. Any action of the committee shall require an affirmative vote of not less than a majority of the Senate members and a majority of the Assembly members of the committee, except that any action which involves or anticipates the expenditure or allocation of funds shall require an affirmative vote of at least two thirds of the Senate members and two thirds of the Assembly members. Any reference in any code or statute to the Joint Committee on Legislative Organization shall be deemed a reference to the Joint Rules Committee. (b) Notwithstanding any other provision of law or rule, neither the Chairman nor any member or agent of the Joint Rules Committee shall have the power to perform any action on behalf of the committee, including but not limited to the making of contracts, the payment of claims, the allocation of office space, or the hiring or dismissal of staff, without the express authorization of two thirds of the membership of the committee. Such authorization shall apply only to the matter or matters under immediate consideration. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 3. Legislative Rules and Procedures [9920 - 9925] ( Article 3 added June 5, 1984, by initiative Proposition 24. ) ## 9920. Rules Each house of the Legislature shall adopt rules for its proceedings for each regular and special session by resolution adopted by an affirmative recorded vote of two thirds of the membership of the house in question. No rule of either the Senate or Assembly shall be amended except by resolution adopted by an affirmative recorded vote of two thirds of the Members of that house. Any standing rule of either house may be suspended temporarily by a vote of two thirds of the Members of that house present and voting; provided, that in no case may a rule be suspended in the absence of a quorum. Any such temporary suspension shall apply only to the matter under immediate consideration, and in no case shall it extend beyond an adjournment. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 3. Legislative Rules and Procedures [9920 - 9925] ( Article 3 added June 5, 1984, by initiative Proposition 24. ) ## 9921. Joint Rules The Senate and Assembly shall adopt rules for their joint proceedings for each regular and special session by resolution adopted by an affirmative recorded vote of two thirds of the membership of each house. No joint rule so adopted may be amended except by resolution adopted by an affirmative recorded vote of two thirds of the membership of each house. The Senate and Assembly may provide for temporary suspension of a joint rule by a single house upon the affirmative recorded vote of two thirds of the members of that house; provided, that the temporary suspension shall apply only to the matter under immediate consideration, and in no case shall it extend beyond an adjournment. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 3. Legislative Rules and Procedures [9920 - 9925] ( Article 3 added June 5, 1984, by initiative Proposition 24. ) ## 9922. Standing committees All standing committees of both the Senate and the Assembly, except the Senate Committee on Rules and the Assembly Committee on Rules, shall be created and the size and jurisdiction thereof established through the adoption of or amendment to the rules of the respective houses by resolution, two thirds of the membership of the house in question concurring. Committee membership shall be determined in the following manner: (a). The membership of each committee shall be proportional to the partisan composition of the house in question. (b). Majority party members of each committee shall be selected by the majority party in a manner to be determined by the party caucus in each house. (c). Minority party members of each committee shall be selected by the minority party or parties, in a manner to be determined by the party caucus or caucuses in each house. (d). The Assembly Committee on Rules and the Senate Committee on Rules shall provide for the necessary and reasonable expenses of all committees of their respective houses pursuant to the provisions of Sections 9912 and 9916. (e) The majority party in each house shall be that party with the largest number of Members in that house. Each other party with membership in the house shall be a minority party. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 3. Legislative Rules and Procedures [9920 - 9925] ( Article 3 added June 5, 1984, by initiative Proposition 24. ) ## 9923. Special and select committees; subcommittees No special or select committees nor any subcommittee shall be established in either the Senate or the Assembly except by affirmative vote of two thirds of the Committee on Rules of the house in question. Membership of special or select committees or subcommittees shall be determined according to the provisions of Section 9922. For purposes of this title, “special” and “select” committees or subcommittees include all committees or subcommittees which are not standing committees of either house or joint committees of the two houses. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 3. Legislative Rules and Procedures [9920 - 9925] ( Article 3 added June 5, 1984, by initiative Proposition 24. ) ## 9924. Joint committees No joint committee shall be established except by passage of concurrent resolution, two thirds of the membership of each house concurring. The membership of each joint committee shall be allocated equally between the Senate and the Assembly, and the delegation from each house shall be chosen pursuant to the procedures set forth in Section 9922. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 3. Legislative Rules and Procedures [9920 - 9925] ( Article 3 added June 5, 1984, by initiative Proposition 24. ) ## 9925. Member voting Each house of the Legislature shall provide in its rules for appropriate voting procedures on the floor and in committees or subcommittees; provided, that no Member shall be allowed to cast a vote for another Member, nor shall any Member be allowed to change his or her vote or add a vote to the roll after the vote is announced, without the consent of four fifths of the membership of the house, nor shall any vote be taken in any committee or subcommittee of either house in the absence of a quorum, except a vote to adjourn. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 4. Legislative Funds and Administration [9930 - 9937] ( Article 4 added June 5, 1984, by initiative Proposition 24. ) ## 9930. Legislative contingent funds All appropriations for contingent expenses of the Legislature and committees thereof shall be deposited in and credited to the following funds, which funds are created in the State Treasury: (a) Appropriations for the contingent expenses of the Senate and committees thereof shall be deposited in the Senate Contingent Fund, and shall be disbursed under or pursuant to the direction of the Senate Committee on Rules in accordance with the provisions of this chapter. (b) Appropriations for the contingent expenses of the Assembly and committees thereof shall be deposited in the Assembly Contingent Fund, and shall be disbursed under or pursuant to the direction of the Assembly Committee on Rules in accordance with the provisions of this chapter. (c) Appropriations for the contingent and joint expenses of the Senate and Assembly and committees thereof shall be deposited in the Contingent Funds of the Senate and Assembly, and shall be disbursed under or pursuant to the direction of the Joint Rules Committee in accordance with the provisions of this chapter. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 4. Legislative Funds and Administration [9930 - 9937] ( Article 4 added June 5, 1984, by initiative Proposition 24. ) ## 9931. Disbursements from Senate Contingent Fund and Assembly Contingent Fund Except as provided by affirmative recorded vote of two thirds of the membership of the rules committee having powers of direction under Section 9930, all disbursements from the Senate Contingent Fund and the Assembly Contingent Fund shall be divided proportionately according to the partisan composition of the house in question. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 4. Legislative Funds and Administration [9930 - 9937] ( Article 4 added June 5, 1984, by initiative Proposition 24. ) ## 9932. Disbursements from Contingent Funds of the Senate and Assembly No disbursements shall be made from the Contingent Funds of the Senate and Assembly except as provided by vote of the Joint Rules Committee, two thirds of the total membership thereof concurring. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 4. Legislative Funds and Administration [9930 - 9937] ( Article 4 added June 5, 1984, by initiative Proposition 24. ) ## 9933. Disbursement of money appropriated for legislative printing Any money appropriated for legislative printing shall be disbursed under or pursuant to the direction of the Senate or Assembly as provided in the rules of the Senate or Assembly or their joint rules, in accordance with the provisions of Sections 9931 and 9932. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 4. Legislative Funds and Administration [9930 - 9937] ( Article 4 added June 5, 1984, by initiative Proposition 24. ) ## 9934. Limits upon public expenditure Notwithstanding any other provision of law, within 30 days following the enactment of this chapter, the total amount of monies appropriated for the support of the Legislature, including but not limited to all monies appropriated to the Senate Contingent Fund, the Assembly Contingent Fund, the Contingent Funds of the Senate and Assembly, for legislative printing, and for aids to the Legislature as described in Part 2 of this title, shall be reduced by an amount equal to thirty percent of the total amount of monies appropriated for support of the Legislature for the 1983–84 fiscal year, and the amount so reduced shall revert to the General Fund. For each fiscal year thereafter, the total amount of monies appropriated for support of the Legislature shall not exceed an amount equal to that expended for support in the preceding fiscal year, adjusted and compounded by an amount equal to the percentage increase or decrease in state General Fund spending for that fiscal year. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 4. Legislative Funds and Administration [9930 - 9937] ( Article 4 added June 5, 1984, by initiative Proposition 24. ) ## 9935. Continuous availability of funds; special accounts Except as described in Section 9934 and this Section, appropriations deposited in and credited to the Senate Contingent Fund, the Assembly Contingent Fund, or the Contingent Funds of the Senate and Assembly, shall be continuously available without regard to fiscal years. Appropriations made at extraordinary or special sessions for the expenses of said sessions shall be maintained as separate accounts within the particular funds and shall be available for expenditure for such purpose for the duration of said sessions, and the unexpended balance of any such appropriation shall revert to the General Fund upon the adjournment sine die of the special session or sessions for which it was appropriated. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 4. Legislative Funds and Administration [9930 - 9937] ( Article 4 added June 5, 1984, by initiative Proposition 24. ) ## 9936. Reports to public on expenditures made from contingent funds; contents (a) For the periods beginning December 1, March 1, June 1, and September 1 of each year, the Assembly Committee on Rules, Senate Committee on Rules, and the Joint Rules Committee shall quarterly issue a report to the public on the expenditures made from the contingent fund subject to their direction and control. The report shall include, but need not be limited to, a listing of total expenditures for each Member and committee of the Legislature in the following categories: (1) Out-of-state travel and living expense reimbursement and in-state travel and living expense reimbursement. (2) Automotive expenses. (3) Rent (4) Telephone. (5) Postage. (6) Printing. (7) Office supplies. (8) Newsletters. (9) Per diem for attendance at legislative sessions. (10) Staff salaries and expenses. (11) Contracts entered into with any other party. (b) Each report shall be completed, published, and made available to the public within 30 calendar days following the completion of the reporting period. (c) For the period ending on November 30 of each year, the Assembly Committee on Rules, Senate Committee on rules, and the Joint Rules Committee shall annually issue a report to the public on the expenditures made from the contingent fund subject to their direction and control. The report shall include, but need not be limited to, a listing of total expenditures for each Member and committee of the Legislature in the categories described in subdivision (a). Each report shall be completed, published, and made available to the public within 90 calendar days following the completion of the reporting period. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Legislative Reform [9900 - 9937] ( Chapter 8 added June 5, 1984, by initiative Proposition 24. ) ## ARTICLE 4. Legislative Funds and Administration [9930 - 9937] ( Article 4 added June 5, 1984, by initiative Proposition 24. ) ## 9937. Independent audit of contingent funds The Joint Rules Committee shall annually contract for an independent audit of the revenues and expenditures, for each fiscal year, from the Assembly Contingent Fund, Senate Contingent Fund, and the Contingent Funds of the Assembly and Senate. The organization performing the audit shall be subject to approval by the Fair Political Practices Commission. The audit shall include, but need not be limited to, an evaluation of the accuracy of the expenditures described in Section 9936 and an evaluation of the effectiveness of the internal auditing procedures of the individual rules committees. The audit shall be completed and made available to the public within 180 calendar days following the completion of the fiscal year for which the audit is performed. (Added June 5, 1984, by initiative Proposition 24.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 7. DEFENSE OF PUBLIC EMPLOYEES [995 - 996.6] ( Part 7 added by Stats. 1963, Ch. 1683, Sec. 16. ) ## 995. Except as otherwise provided in Sections 995.2 and 995.4, upon request of an employee or former employee, a public entity shall provide for the defense of any civil action or proceeding brought against him, in his official or individual capacity or both, on account of an act or omission in the scope of his employment as an employee of the public entity. For the purposes of this part, a cross-action, counterclaim or cross-complaint against an employee or former employee shall be deemed to be a civil action or proceeding brought against him. (Added by Stats. 1963, Ch. 1683, Sec. 16.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 7. DEFENSE OF PUBLIC EMPLOYEES [995 - 996.6] ( Part 7 added by Stats. 1963, Ch. 1683, Sec. 16. ) ## 995.2. (a) A public entity may refuse to provide for the defense of a civil action or proceeding brought against an employee or former employee if the public entity determines any of the following: (1) The act or omission was not within the scope of his or her employment. (2) He or she acted or failed to act because of actual fraud, corruption, or actual malice. (3) The defense of the action or proceeding by the public entity would create a specific conflict of interest between the public entity and the employee or former employee. For the purposes of this section, “specific conflict of interest” means a conflict of interest or an adverse or pecuniary interest, as specified by statute or by a rule or regulation of the public entity. (b) If an employee or former employee requests in writing that the public entity, through its designated legal counsel, provide for a defense, the public entity shall, within 20 days, inform the employee or former employee whether it will or will not provide a defense, and the reason for the refusal to provide a defense. (c) If an actual and specific conflict of interest becomes apparent subsequent to the 20-day period following the employee’s written request for defense, nothing herein shall prevent the public entity from refusing to provide further defense to the employee. The public entity shall inform the employee of the reason for the refusal to provide further defense. (Amended by Stats. 1982, Ch. 1046, Sec. 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 7. DEFENSE OF PUBLIC EMPLOYEES [995 - 996.6] ( Part 7 added by Stats. 1963, Ch. 1683, Sec. 16. ) ## 995.3. (a) If a state employee provides his or her own defense against an action brought for an alleged violation of Section 8547.3, and if it is established that no violation of Section 8547.3 occurred, the public entity shall reimburse the employee for any costs incurred in the defense. (b) A public entity which does provide for the defense of a state employee charged with a violation of Section 8547.3 shall reserve all rights to be reimbursed for any costs incurred in that defense. If a state employee is found to have violated Section 8547.3, he or she is liable for all defense costs and shall reimburse the public entity for those costs. (Amended by Stats. 1995, Ch. 277, Sec. 1. Effective January 1, 1996.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 7. DEFENSE OF PUBLIC EMPLOYEES [995 - 996.6] ( Part 7 added by Stats. 1963, Ch. 1683, Sec. 16. ) ## 995.4. A public entity may, but is not required to, provide for the defense of: (a) An action or proceeding brought by the public entity to remove, suspend or otherwise penalize its own employee or former employee, or an appeal to a court from an administrative proceeding by the public entity to remove, suspend or otherwise penalize its own employee or former employee. (b) An action or proceeding brought by the public entity against its own employee or former employee as an individual and not in his official capacity, or an appeal therefrom. (Added by Stats. 1963, Ch. 1683, Sec. 16.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 7. DEFENSE OF PUBLIC EMPLOYEES [995 - 996.6] ( Part 7 added by Stats. 1963, Ch. 1683, Sec. 16. ) ## 995.6. A public entity is not required to provide for the defense of an administrative proceeding brought against an employee or former employee, but a public entity may provide for the defense of an administrative proceeding brought against an employee or former employee if: (a) The administrative proceeding is brought on account of an act or omission in the scope of his employment as an employee of the public entity; and (b) The public entity determines that such defense would be in the best interests of the public entity and that the employee or former employee acted, or failed to act, in good faith, without actual malice and in the apparent interests of the public entity. (Added by Stats. 1963, Ch. 1683, Sec. 16.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 7. DEFENSE OF PUBLIC EMPLOYEES [995 - 996.6] ( Part 7 added by Stats. 1963, Ch. 1683, Sec. 16. ) ## 995.8. A public entity is not required to provide for the defense of a criminal action or proceeding (including a proceeding to remove an officer under Sections 3060 to 3073, inclusive, of the Government Code) brought against an employee or former employee, but a public entity may provide for the defense of a criminal action or proceeding (including a proceeding to remove an officer under Sections 3060 to 3073, inclusive, of the Government Code) brought against an employee or former employee if: (a) The criminal action or proceeding is brought on account of an act or omission in the scope of his employment as an employee of the public entity; and (b) The public entity determines that such defense would be in the best interests of the public entity and that the employee or former employee acted, or failed to act, in good faith, without actual malice and in the apparent interests of the public entity. (Added by Stats. 1963, Ch. 1683, Sec. 16.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 7. DEFENSE OF PUBLIC EMPLOYEES [995 - 996.6] ( Part 7 added by Stats. 1963, Ch. 1683, Sec. 16. ) ## 995.9. Notwithstanding any other provision of law, upon a request made in writing to a public entity, the public entity may defend or indemnify or defend and indemnify any witness who has testified on behalf of the public entity in any criminal, civil, or administrative action. The decision of the public entity to defend or indemnify or defend and indemnify such a witness shall rest within the sound discretion of the public entity and may be based on any relevant factors, including, but not limited to, whether the provision of defense or indemnity would serve the public interest. The public entity may defend or indemnify or defend and indemnify the witness only if it is determined by the public entity that the action being brought against the witness is based directly upon the conduct which the public entity requested of the witness related to the witness’ testimony or provision of evidence. The public entity has the discretion to provide a defense alone apart from indemnity, and the public entity may offer to defend or indemnify or defend and indemnify while reserving all rights to subsequently withdraw these offers upon reasonable notice. Neither defense nor indemnification shall be provided if the testimony giving rise to the action against the witness was false in any material respect, or was otherwise not given by the witness with a good faith belief in its truth; nor shall representation or indemnification under this section be offered or promised unless the action has been commenced and the witness has requested the public entity to act for the witness’ benefit under this section. The public entity shall not be liable for indemnification of a defendant witness for punitive damages awarded to the plaintiff in such an action. If the plaintiff prevails in a claim for punitive damages in an action defended at the expense of the public entity, the defendant shall be liable to the public entity for the full costs incurred by the public entity in providing representation to the defendant witness. (Added by Stats. 1995, Ch. 799, Sec. 2. Effective January 1, 1996.)

## Government Code - GOV ## TITLE 20. INTERNATIONAL RELATIONS [99500 - 99524] ( Title 20 added by Stats. 2006, Ch. 663, Sec. 3. ) ## CHAPTER 1. General Provisions [99500 - 99503] ( Chapter 1 heading added by Stats. 2014, Ch. 716, Sec. 2. ) ## 99500. (a) The Governor is the primary state officer representing California’s interest in international affairs, to the extent that representation is not in conflict with federal law or the California Constitution, and except as otherwise specified in this title, to the extent this title is not in conflict with federal law or the California Constitution. (b) The Lieutenant Governor is the Chair of the California Commission for Economic Development, to improve trade opportunities for California. The Legislature finds that the commission has developed international partnerships that provide venues for foreign companies to do business in the state and for California-based companies to access foreign markets. (c) The Attorney General is the chief law officer of California and as such assists the federal government in defending against international challenges to California laws. (d) The Secretary of State oversees the International Business Relations Program, which aims to develop stronger connections between the international business community and the state by assisting foreign business entities with the various filing processes and procedures in California. (e) The Department of Food and Agriculture is the primary state agency for the promotion of California agriculture, fish, and forest exports. (f) The Natural Resources Agency and the California Environmental Protection Agency are the primary state agencies for the promotion of international exchange of environmental protection technologies, alternative energy technologies, and the promotion of the transfer of environmental technology to and from the state. (g) The Governor’s Office of Business and Economic Development is the primary state agency responsible for international trade and investment activities in areas other than those covered by the Department of Food and Agriculture. (h) Subdivisions (a) to (f), inclusive, are declaratory of, and do not constitute a change in, existing law. (Amended by Stats. 2012, Ch. 294, Sec. 12. (AB 2012) Effective September 11, 2012.)

## Government Code - GOV ## TITLE 20. INTERNATIONAL RELATIONS [99500 - 99524] ( Title 20 added by Stats. 2006, Ch. 663, Sec. 3. ) ## CHAPTER 1. General Provisions [99500 - 99503] ( Chapter 1 heading added by Stats. 2014, Ch. 716, Sec. 2. ) ## 99501. (a) (1) The state point of contact, within the executive branch, acts, in compliance with federal practice, as the liaison between the state and the Office of the United States Trade Representative on trade-related matters. (2) The state point of contact who, in compliance with federal practice, receives updates from the federal government on trade policies, is often provided the opportunity to review and comment on ongoing trade negotiations. (b) The state point of contact shall, in addition to any other duties assigned by the Governor, do all of the following: (1) Promptly disseminate correspondence or information from the United States Trade Representative to the appropriate state agencies and departments and legislative committees. (2) Work with the appropriate state agencies and departments, and the Legislature, to review the effects on the California environment, and California businesses, workers, and general lawmaking authority, of any proposed or enacted trade agreement provisions, and communicate those findings to the United States Trade Representative. (3) Serve as liaison to the Legislature on matters of trade policy oversight. (Added by Stats. 2006, Ch. 663, Sec. 3. Effective January 1, 2007.)

## Government Code - GOV ## TITLE 20. INTERNATIONAL RELATIONS [99500 - 99524] ( Title 20 added by Stats. 2006, Ch. 663, Sec. 3. ) ## CHAPTER 1. General Provisions [99500 - 99503] ( Chapter 1 heading added by Stats. 2014, Ch. 716, Sec. 2. ) ## 99502. (a) The Office of Planning and Research shall maintain and update, a full and comprehensive list of all state agreements made with foreign governments. The list shall be updated within 30 days of the effective date of each new agreement. The list shall include at least all of the following: (1) The dates of enactment or approval and termination. (2) The agency, department, board, commission, or other governmental entity responsible for implementation. (3) Activities proposed. (4) Expected outcomes. (b) Agencies may separately maintain detailed information or reports on these activities as those agencies determine to be appropriate, but that information or those reports shall not be deemed to meet the requirements of this section. (Added by Stats. 2006, Ch. 663, Sec. 3. Effective January 1, 2007.)

## Government Code - GOV ## TITLE 20. INTERNATIONAL RELATIONS [99500 - 99524] ( Title 20 added by Stats. 2006, Ch. 663, Sec. 3. ) ## CHAPTER 1. General Provisions [99500 - 99503] ( Chapter 1 heading added by Stats. 2014, Ch. 716, Sec. 2. ) ## 99503. (a) (1) All state employees working under the jurisdiction of an agency secretary shall, within 30 days of traveling out of the country on official state business provide, to the secretary to whom they report, a memorandum detailing dates of the trip, countries and localities visited, a description of attendees of any official meetings or events, and the goals, outcomes, and followup expected from the trip. However, attendance at formal conferences may be described in more general detail, including dates, location, types of groups represented in the audience, and general topics covered during the course of the conference. (2) Except as provided in paragraphs (3) and (4), state employees who do not work within an agency structure shall report the information as described in paragraph (1) to the Governor’s office. (3) Legislative employees shall provide the information as described in paragraph (1) to their respective Committee on Rules. (4) State employees working under the jurisdiction of a constitutional officer shall provide the information as described in paragraph (1) to the constitutional officer to whom they report. (5) Except as provided in paragraphs (3) and (4), state employees who undertake official state business that could impact California international trade or investment shall also provide a copy of the memorandum to the Director of the Governor’s Office of Business and Economic Development. (b) Travel out of the country on official state business when the Governor, a Member of the Legislature, or a constitutional officer, or all of these persons, is present, is exempt from the requirements of subdivision (a). (Amended by Stats. 2013, Ch. 352, Sec. 319. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

## Government Code - GOV ## TITLE 20. INTERNATIONAL RELATIONS [99500 - 99524] ( Title 20 added by Stats. 2006, Ch. 663, Sec. 3. ) ## CHAPTER 2. California-Mexico Border Relations Council [99520 - 99524] ( Chapter 2 added by Stats. 2014, Ch. 716, Sec. 3. ) ## 99520. The Legislature finds and declares the following: (a) The United States and Mexican economies have become increasingly integrated, particularly since the 1994 adoption of the North American Free Trade Agreement, or NAFTA. (b) As the second largest United States exporter to Mexico, California has the potential to increase its exports at a faster pace and capitalize on Mexico’s growing economy. (c) In 2012, the value of California’s exports to Mexico totaled $26.3 billion, equivalent to more than one and one-half times California’s trade with its closest trade partner Canada, at $17.2 billion, and almost twice its second closest trade partner, China, at $13.9 billion. (d) The relationship between Mexico and California generates over $20.9 billion per year for California. (e) According to the United States Chamber of Commerce, trade with Mexico in 2010 represented 692,240 California jobs, making California the state with the most trade-related jobs with Mexico in the United States. California is the second largest exporter to Mexico among the 50 states, ranking behind Texas. (f) Among California’s international trading partners, only Mexico shares a border with California. In fact, California has four major international border crossings supporting the movement of both persons and goods: San Ysidro, Otay Mesa, Tecate, and Calexico. Of these, Otay Mesa and Calexico accommodate the largest volume of trade. Otay Mesa is the largest California crossing, ranking sixth in the nation. In 2010, these California gateways with Mexico moved $46.9 billion in merchandise. (g) At issue is border crossing delays between Mexico and the United States along the Imperial County-Baja California border. (h) In California, losses due to border crossing delays accounted for an estimated revenue loss of $1.16 billion and 25,000 jobs in 2008. (i) While California remains the largest recipient of foreign domestic investment (FDI) in the United States, faster FDI is occurring elsewhere. (j) Despite this critical economic relationship, California has not had a formal mechanism for the past decade devoted to maximizing trade, addressing challenges, and coordinating cross-border programs for trade development between the two countries. This has left California employers and businesses without formal access to Mexican government officials, a major disadvantage to California’s trade industries. (k) In 2006, the Office of California-Mexico Affairs was established to further and develop favorable relations with Mexican states by cooperating with similar organizations and agencies situated within California, the United States, or Mexico. Important areas of activity include, but are not limited to, enhancing economic development opportunities among the participating states, improving working conditions and living standards, and fostering the protection and improvement of the environment in Mexico and California. (l) To help carry out these duties the California-Mexico Border Relations Council was also established to identify new border priorities and fundable projects in the areas of infrastructure, trade, environment, health, and security while supporting current and ongoing activities such as the Border Governors Conference, trade missions, and border workgroups, and coordinating specific future projects with Mexico. Priorities and projects identified by the California-Mexico Border Relations Council shall be funded pursuant to Section 71101 of the Public Resources Code, establishing the California Border Environmental and Public Health Protection Fund. (m) It is critical for California that state agencies continue to address important United States-Mexico issues. (n) Furthermore, California should maximize its economic relationship with Mexico to improve the state’s economy, to maximize the amount of exports, and create more California jobs. (o) Therefore, the Legislature finds that California needs a formalized trade relationship with Mexico. Establishing an official trade relationship with Mexico will help ensure that the state can improve its global competitiveness and protect California industry, proactively support the expansion and location of businesses in California, provide international business assistance to California businesses, and support their entry and successful participation in the growing Mexican marketplace. (p) The California-Mexico Border Relations Council provides a focal point in state government to serve as a clearinghouse for information and assistance to other state agencies that are involved with Mexico. (Amended by Stats. 2015, Ch. 668, Sec. 1. (AB 965) Effective January 1, 2016.)

## Government Code - GOV ## TITLE 20. INTERNATIONAL RELATIONS [99500 - 99524] ( Title 20 added by Stats. 2006, Ch. 663, Sec. 3. ) ## CHAPTER 2. California-Mexico Border Relations Council [99520 - 99524] ( Chapter 2 added by Stats. 2014, Ch. 716, Sec. 3. ) ## 99521. The following definitions shall govern the construction of this chapter: (a) “Border” means the line of demarcation between California and Mexico. (b) “Council” means the California-Mexico Border Relations Council. (c) “Public agency” means a city, county, city and county, district, or the state or any agency or department of the state. (Added by Stats. 2014, Ch. 716, Sec. 3. (AB 690) Effective January 1, 2015.)

## Government Code - GOV ## TITLE 20. INTERNATIONAL RELATIONS [99500 - 99524] ( Title 20 added by Stats. 2006, Ch. 663, Sec. 3. ) ## CHAPTER 2. California-Mexico Border Relations Council [99520 - 99524] ( Chapter 2 added by Stats. 2014, Ch. 716, Sec. 3. ) ## 99522. (a) The California-Mexico Border Relations Council is hereby established in state government. (b) The council shall consist of eight voting members as follows: (1) The Director of the Governor’s Office of Business and Economic Development. (2) The Secretary of the Natural Resources Agency. (3) The Secretary for Environmental Protection. (4) The Secretary of California Health and Human Services. (5) The Secretary of Transportation. (6) The Secretary of Food and Agriculture. (7) The Secretary of Business, Consumer Services, and Housing. (8) The Director of Emergency Services. (c) The Regional Administrator of the United States Environmental Protection Agency, Region 9, may appoint a representative from their staff to serve as an ex officio, nonvoting member of the council. (d) The Speaker of the Assembly may appoint a Member of the Assembly and the President pro Tempore may appoint a Member of the Senate who each represent a district that shares a border with Mexico to serve as an ex officio, nonvoting member of the council. The members shall serve at the pleasure of the Speaker of the Assembly or the President pro Tempore, as applicable, and participate in the activities of the council to the extent that their participation is not incompatible with their respective position as a Member of the Legislature. (e) The Secretary for Environmental Protection shall chair the council. (Amended by Stats. 2025, Ch. 41, Sec. 1. (AB 655) Effective January 1, 2026.)

## Government Code - GOV ## TITLE 20. INTERNATIONAL RELATIONS [99500 - 99524] ( Title 20 added by Stats. 2006, Ch. 663, Sec. 3. ) ## CHAPTER 2. California-Mexico Border Relations Council [99520 - 99524] ( Chapter 2 added by Stats. 2014, Ch. 716, Sec. 3. ) ## 99523. The council shall do all of the following: (a) Coordinate activities of state agencies that are related to cross-border programs, initiatives, projects, and partnerships that exist within state government, to improve the effectiveness of state and local efforts that are of concern between California and Mexico. (b) Invite representatives of the State of Baja California and the Mexican government to participate in meetings. (c) Establish policies to coordinate the collection and sharing of data related to cross-border issues between and among agencies. (d) Establish the Border Region Solid Waste Working Group to develop and coordinate long-term solutions to address and remediate problems associated with waste tires, solid waste, and excessive sedimentation along the border that cause the degradation of valuable estuarine and riparian habitats, and threaten water quality and public health in the state. (e) Identify and recommend to the Legislature changes in law needed to achieve the goals of this section. (Amended by Stats. 2015, Ch. 668, Sec. 3. (AB 965) Effective January 1, 2016.)

## Government Code - GOV ## TITLE 20. INTERNATIONAL RELATIONS [99500 - 99524] ( Title 20 added by Stats. 2006, Ch. 663, Sec. 3. ) ## CHAPTER 2. California-Mexico Border Relations Council [99520 - 99524] ( Chapter 2 added by Stats. 2014, Ch. 716, Sec. 3. ) ## 99524. Beginning January 1, 2008, the council shall submit a report to the Legislature on the council’s activities annually. (Added by Stats. 2014, Ch. 716, Sec. 3. (AB 690) Effective January 1, 2015.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 7. DEFENSE OF PUBLIC EMPLOYEES [995 - 996.6] ( Part 7 added by Stats. 1963, Ch. 1683, Sec. 16. ) ## 996. A public entity may provide for a defense pursuant to this part by its own attorney or by employing other counsel for this purpose or by purchasing insurance which requires that the insurer provide the defense. All of the expenses of providing a defense pursuant to this part are proper charges against a public entity. A public entity has no right to recover such expenses from the employee or former employee defended. (Added by Stats. 1963, Ch. 1683, Sec. 16.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 7. DEFENSE OF PUBLIC EMPLOYEES [995 - 996.6] ( Part 7 added by Stats. 1963, Ch. 1683, Sec. 16. ) ## 996.4. If after request a public entity fails or refuses to provide an employee or former employee with a defense against a civil action or proceeding brought against him and the employee retains his own counsel to defend the action or proceeding, he is entitled to recover from the public entity such reasonable attorney’s fees, costs and expenses as are necessarily incurred by him in defending the action or proceeding if the action or proceeding arose out of an act or omission in the scope of his employment as an employee of the public entity, but he is not entitled to such reimbursement if the public entity establishes (a) that he acted or failed to act because of actual fraud, corruption or actual malice, or (b) that the action or proceeding is one described in Section 995.4. Nothing in this section shall be construed to deprive an employee or former employee of the right to petition for a writ of mandate to compel the public entity or the governing body or an employee thereof to perform the duties imposed by this part. (Added by Stats. 1963, Ch. 1683, Sec. 16.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 7. DEFENSE OF PUBLIC EMPLOYEES [995 - 996.6] ( Part 7 added by Stats. 1963, Ch. 1683, Sec. 16. ) ## 996.6. The rights of an employee or former employee under this part are in addition to and not in lieu of any rights he may have under any contract or under any other enactment providing for his defense. (Added by Stats. 1963, Ch. 1683, Sec. 16.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 8. SAN FRANCISCO-OAKLAND BAY BRIDGE AND I-880 CYPRESS STRUCTURE DISASTER RELIEF [997 - 997.6] ( Part 8 added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. ) ## 997. The Legislature finds and declares that, in order to aid the victims of the collapse of the San Francisco-Oakland Bay Bridge and the I-880 Cypress structure caused by the October 17, 1989, earthquake, it is necessary to create a special fund for payment of personal property, personal injury, and death claims arising from that disaster. It is the purpose of this part to compensate personal injury or death victims of the Bay Bridge and I-880 Cypress structure collapse without regard to legal liability, fault, or responsibility, and without the necessity of litigation against the State of California or its agencies, officers, or employees. It is the further intent of the Legislature that all valid claims shall be paid fairly and promptly. Nothing in this part shall be construed as an admission of legal liability, responsibility, or fault on the part of the State of California or any of its agencies, officers or employees. (Added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. Effective November 7, 1989.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 8. SAN FRANCISCO-OAKLAND BAY BRIDGE AND I-880 CYPRESS STRUCTURE DISASTER RELIEF [997 - 997.6] ( Part 8 added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. ) ## 997.1. (a) Any person may file an application with the Department of General Services for compensation based on personal property loss, personal injury, or death, including noneconomic loss, arising from the Bay Bridge or I-880 Cypress structure collapse caused by the October 17, 1989, earthquake. Any application made pursuant to this section shall be presented to the department no later than April 18, 1990, on forms prescribed and provided by the department, except that a late claim may be presented to the department pursuant to the procedure specified by Section 911.4. Each presented application shall be verified under penalty of perjury and shall contain all of the following information: (1) The name of the injured party or in the event of loss of life, the name and age of the decedent and the names and ages of heirs as defined in subdivision (b) of Section 377 of the Code of Civil Procedure. (2) An authorization permitting the department to obtain relevant medical and employment records. (3) A brief statement describing when, where, and how the injury or death occurred. (4) A statement as to whether the applicant wishes to apply for emergency relief provided pursuant to Section 997.2. (b) Upon receipt of an application, the department shall evaluate the application and may require the applicant to submit additional information or documents that are necessary to verify and evaluate the application. The department shall resolve an application within six months from the date of presentation of the application unless this period of time is extended by mutual agreement between the department and the applicant. Any application that is not resolved within this resolution period shall be deemed denied. (c) Following resolution of an application, if the applicant desires to pursue additional remedies otherwise provided by this division, the applicant shall file a court action within six months of the mailing date of the department’s rejection or denial of the application or the applicant’s rejection of the department’s offer. (d) Any claim pursuant to Part 3 (commencing with Section 900) made before or after the effective date of this part for personal property loss, personal injury, or death resulting from the collapse of the Bay Bridge or the I-880 Cypress structure against the State of California, its agencies, officers, or employees, shall be deemed to be an application under this part and subject to the provisions set forth in this part. Additionally, any application made pursuant to this part shall be deemed to be in compliance with Part 3 (commencing with Section 900). (e) Notwithstanding any other law, resolution of applications pursuant to the provisions of this part is a condition precedent to the filing of any action for personal property loss, personal injury, or death resulting from the collapse of the Bay Bridge or the I-880 Cypress structure in any court of the State of California against the State of California, its agencies, officers, or employees. Any suit filed by an applicant in any court of this state against the State of California or its agencies, officers, or employees shall be stayed pending resolution of the application. (Amended by Stats. 2016, Ch. 31, Sec. 56. (SB 836) Effective June 27, 2016.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 8. SAN FRANCISCO-OAKLAND BAY BRIDGE AND I-880 CYPRESS STRUCTURE DISASTER RELIEF [997 - 997.6] ( Part 8 added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. ) ## 997.2. The application of any individual who was injured as a result of the collapse of the Bay Bridge or I-880 Cypress structure caused by the October 17, 1989, earthquake, and any surviving spouse, child, dependent adult offspring, or dependent parent of any individual killed as a result of that collapse, may include a request for emergency payment. Upon the determination that the applicant is eligible, the board or its designee shall award emergency payments in the following amounts: Death of spouse $50,000 Death of parent by dependent minor $50,000 Death of parent by dependent adult offspring $50,000 Death of adult offspring by dependent parent $25,000 Death of dependent minor $25,000 Loss of income and medical expenses incurred by injured person up to $25,000 The maximum award to members of an immediate family pursuant to this section based on any one death shall not exceed two hundred thousand dollars ($200,000). If the aggregate amount of individual payments for members of an immediate family pursuant to this section would otherwise exceed this amount, each individual shall share in this maximum amount proportionately. Payments made pursuant to this section shall constitute an offset against any amounts received under Section 997.3 as well as any amount which may be received from the state as a result of litigation in the courts of this state. Payments made pursuant to this section shall not constitute an admission of liability nor be admissible as evidence in any court action. No attorney or other representative shall accept any fee or other compensation for representing any applicant under Section 997.2 unless the compensation is authorized by a superior court upon a finding of exceptional circumstances. (Added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. Effective November 7, 1989.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 8. SAN FRANCISCO-OAKLAND BAY BRIDGE AND I-880 CYPRESS STRUCTURE DISASTER RELIEF [997 - 997.6] ( Part 8 added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. ) ## 997.3. (a) If the board determines that an applicant pursuant to this part is eligible for compensation, and upon receipt of all information it deems necessary to evaluate the applicant’s loss, the board shall make an offer in an amount it deems to be just compensation, subject to the approval of the Director of Finance. The board shall appoint a person to facilitate the settlement process provided in this section, provided that the presiding judge of the Alameda County Superior Court may reject any appointment within 30 days of notice of the appointment. (b) The offer shall be made to the applicant in writing who shall either accept or reject the offer in writing within 30 days of receipt thereof. Failure to respond to the offer shall be deemed a rejection. If the applicant accepts the offer, all other legal remedies are waived as against the State of California and its agencies, officers, and employees. If the applicant rejects the offer, all other legal remedies may be pursued against the State of California or its agencies, officers, or employees as otherwise provided in this division. (Added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. Effective November 7, 1989.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 8. SAN FRANCISCO-OAKLAND BAY BRIDGE AND I-880 CYPRESS STRUCTURE DISASTER RELIEF [997 - 997.6] ( Part 8 added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. ) ## 997.4. For the purpose of computing the time limits applicable to the date of the accrual of a cause of action against any party, other than the State of California, to a court action related to the facts giving rise to a claim subject to this part, the date of accrual of a cause of action shall be deemed to be the mailing date of the board’s rejection or denial of an application or the applicant’s rejection of an offer, notwithstanding any other date of accrual that might otherwise have been applicable. (Added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. Effective November 7, 1989.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 8. SAN FRANCISCO-OAKLAND BAY BRIDGE AND I-880 CYPRESS STRUCTURE DISASTER RELIEF [997 - 997.6] ( Part 8 added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. ) ## 997.5. There is hereby created within the State Treasury the San Francisco-Oakland Bay Bridge and I-880 Cypress Structure Disaster Fund for the purpose of paying, pursuant to this part, personal property, personal injury, and death claims against the State of California or its agencies, officers, or employees, arising from the collapse of the San Francisco-Oakland Bay Bridge and the I-880 Cypress structure on October 17, 1989. Notwithstanding Section 13440, moneys in the fund are continuously appropriated to the Department of Finance without regard to fiscal years for the purpose of paying awards made pursuant to this part. (Added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. Effective November 7, 1989.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 8. SAN FRANCISCO-OAKLAND BAY BRIDGE AND I-880 CYPRESS STRUCTURE DISASTER RELIEF [997 - 997.6] ( Part 8 added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. ) ## 997.6. The board may adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 to implement this part. The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, regulations adopted by the office in order to implement this section shall not be subject to the review and approval of the Office of Administrative Law. These regulations shall become effective immediately upon filing with the Secretary of State. (Added by Stats. 1989, 1st Ex. Sess., Ch. 22, Sec. 1. Effective November 7, 1989.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 9. LAKE DAVIS NORTHERN PIKE ERADICATION PROJECT RELIEF ACCOUNT [998 - 998.3] ( Part 9 added by Stats. 1998, Ch. 937, Sec. 1. ) ## 998. The Legislature finds and declares that in order to alleviate the economic and social disruptions arising out of the Lake Davis Northern Pike Eradication Project, it is necessary and appropriate to create a special account within the Special Deposit Fund for payment of economic and infrastructure assistance to the City of Portola and the County of Plumas, and for all other claims arising out of that project. The Legislature hereby appropriates to the office of the Attorney General in the Department of Justice the sum of nine million one hundred seventy-six thousand dollars ($9,176,000) from the General Fund to the special account within the Special Deposit Fund, to be known as the Lake Davis Northern Pike Eradication Project Relief Account, to pay these claims as apportioned in Section 998.1. It is the purpose of this part to compensate the above claimants without regard to legal liability, fault, or responsibility, and without the necessity of litigation against the State of California, or its agencies, officers, or employees. It is the further intent of the Legislature that all valid claims shall be negotiated for settlement purposes fairly and promptly. Nothing in this part shall be construed as an admission of legal liability, responsibility, or fault on the part of the State of California, or any of its agencies, officers, or employees. (Added by Stats. 1998, Ch. 937, Sec. 1. Effective September 28, 1998.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 9. LAKE DAVIS NORTHERN PIKE ERADICATION PROJECT RELIEF ACCOUNT [998 - 998.3] ( Part 9 added by Stats. 1998, Ch. 937, Sec. 1. ) ## 998.1. (a) The sum of two million eight hundred sixty-seven thousand six hundred sixty-seven dollars ($2,867,667) is hereby transferred from the Lake Davis Northern Pike Eradication Project Relief Account to the City of Portola to provide economic and infrastructure assistance and in satisfaction of the City of Portola’s claims against the State of California or its agencies, officers, and employees for all alleged damage or injury it claims to have suffered as a result of the Lake Davis Northern Pike Eradication Project. This sum of money is being paid in accordance with the terms of a settlement agreement and release to be entered into between the City of Portola and the State of California, and shall be reduced by any amounts already expended by the State of California or the Department of Fish and Game pursuant to any agreement with the City of Portola concerning the provision of alternate water supplies. With respect to the Lake Davis Northern Pike Eradication Project, and except as otherwise provided in that agreement, all obligations imposed upon the State of California by any such memoranda and by Section 116751 of the Health and Safety Code shall terminate upon enactment of this part. (b) The sum of two million fifty-eight thousand three hundred thirty-three dollars ($2,058,333) is hereby transferred from the Lake Davis Northern Pike Eradication Project Relief Account to the County of Plumas to provide economic and infrastructure assistance and in satisfaction of the County of Plumas’ and Plumas County Flood Control and Water Conservation District’s claims against the State of California and its agencies, officers, and employees for all alleged damage or injury they claim to have suffered as a result of the Lake Davis Northern Pike Eradication Project. This sum of money is being paid in accordance with the terms of a settlement agreement and release between the County of Plumas and Plumas County Flood Control and Water Conservation District and the State of California, and shall be reduced by any amounts already expended by the State of California or the Department of Fish and Game pursuant to any agreement with the County of Plumas concerning the provision of alternate water supplies. With regard to the Lake Davis Northern Pike Eradication Project, and except as provided in that agreement, all obligations imposed upon the State of California by such Memoranda and by Section 16751 of the Health and Safety Code, shall terminate upon enactment of this part. (c) The sum of two hundred fifty thousand dollars ($250,000) shall be transferred from the Lake Davis Northern Pike Eradication Project Relief Account to the County of Plumas to be used as matching funds for the purpose of obtaining a loan or grant from the State Department of Health Services pursuant to Chapter 4.5 (commencing with Section 116760) of Part 12 of Division 104 of the Health and Safety Code to make improvements to the Lake Davis Water Treatment Plant. The funds shall be deposited in an interest bearing account and held until the county enters into an agreement with the State Department of Health Services for a loan or grant. If the improvements requested by the County of Plumas are not eligible for a loan or grant, the sum of two hundred fifty thousand dollars ($250,000), plus any interest earned, shall be returned to the General Fund. (d) The sum of four million dollars ($4,000,000) shall be available from the Lake Davis Northern Pike Eradication Project Relief Account to pay all other claims including, but not limited to, claims for personal injury, property damage, or business loss, arising out of the Lake Davis Northern Pike Eradication Project. Any unused funds, plus any interest earned, shall revert to the General Fund. (Added by Stats. 1998, Ch. 937, Sec. 1. Effective September 28, 1998.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 9. LAKE DAVIS NORTHERN PIKE ERADICATION PROJECT RELIEF ACCOUNT [998 - 998.3] ( Part 9 added by Stats. 1998, Ch. 937, Sec. 1. ) ## 998.2. (a) Any person or business may file an application with the Department of General Services for compensation based on personal injury, property loss, business loss, or other economic loss, claimed to have been incurred as a result of the Lake Davis Northern Pike Eradication Project. Any application made pursuant to this section shall be presented to the department in accordance with this division. A late claim may be presented to the department pursuant to the procedure specified by Section 911.4. Each application shall contain, in addition to the information required by Section 910, all of the following: (1) The legal name of any business claiming a loss, as well as the names of the owners and officers of the business. (2) For any property owner claiming diminution of property value, the names of all persons holding a legal interest in the property. (3) The name of any person claiming to have suffered personal injury. (4) An authorization permitting the office of the Attorney General or its designee to obtain relevant medical, employment, business, property, and tax records. (5) A brief statement describing when, where, and how the injury, loss, or diminution in market value occurred. (b) Upon receipt of an application presented pursuant to this section from the Department of General Services, the office of the Attorney General or its designee shall examine the application and may require the applicant to submit additional information or documents that are necessary to verify and evaluate the application. The office of the Attorney General or its designee shall attempt to resolve an application within six months from the effective date of this part unless this period of time is extended by mutual agreement between the office of the Attorney General or its designee and the applicant. Any application that does not result in a final settlement agreement within the resolution period shall be deemed denied, allowing the claimant to proceed with a court action pursuant to Chapter 2 (commencing with Section 945) of Part 4. (c) The office of the Attorney General or its designee shall adopt guidelines in consultation with one representative designated by the City of Portola, one representative designated by the County of Plumas, and one member of the public to be selected jointly by the city and the county. Any guidelines so developed shall be used to evaluate and settle claims filed pursuant to this part. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, any regulations adopted thereunder by the Attorney General in order to implement this section shall not be subject to the review and approval of the Office of Administrative Law, nor subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2). (d) Any court action following denial of an application, including denial pursuant to subdivision (b), shall be filed within six months of the mailing date of the department’s rejection or denial of the application or the applicant’s rejection of the department’s offer pursuant to Section 945.6 or subdivision (b) of Section 998.3. (e) Any claim pursuant to Part 3 (commencing with Section 900) made before or after the effective date of this part for personal injury, property loss, business loss, or other economic loss resulting from the Lake Davis Northern Pike Eradication Project against the State of California or it’s agencies, officers, or employees, shall be deemed to be an application under this part and is subject to the provisions set forth in this part. Additionally, any application made pursuant to this part shall be deemed to be in compliance with Part 3 (commencing with Section 900). (f) Notwithstanding any other law, the resolution or denial of an application pursuant to this part is a condition precedent to the filing of any action for personal injury, property damage, business loss, or other economic loss, resulting from the Lake Davis Northern Pike Eradication Project in any court of the State of California, against the State of California or it’s agencies, officers, or employees. Any suit filed by an applicant in any court of this state against the State of California or its agencies, officers, or employees shall be stayed pending resolution or denial of the application. (Amended by Stats. 2016, Ch. 31, Sec. 57. (SB 836) Effective June 27, 2016.)

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 9. LAKE DAVIS NORTHERN PIKE ERADICATION PROJECT RELIEF ACCOUNT [998 - 998.3] ( Part 9 added by Stats. 1998, Ch. 937, Sec. 1. ) ## 998.3. (a) If the office of the Attorney General or its designee determines that an applicant pursuant to this part is eligible for compensation, upon receipt of all information it deems necessary to evaluate the applicant’s loss, it shall make an offer in an amount it deems to be just and fair. (b) The offer shall be made to the applicant in writing, who shall either accept or reject the offer in writing within 30 days of receipt thereof. Failure to respond to the offer shall be deemed a rejection. If the applicant accepts the offer, the applicant shall be deemed to have waived all other legal remedies against the State of California, it agencies, officers, and employees. If the applicant rejects the offer, all other legal remedies may be pursued against the State of California, it agencies, officers, and employees. Any notice of offer or rejection shall contain the notice required pursuant to subdivision (b) of Section 911.8. (Added by Stats. 1998, Ch. 937, Sec. 1. Effective September 28, 1998.)