Government Code — Part 15 | GOV — United States — California law | Esheria

Government Code

Part 15 of 107 · provisions 2,801–3,000

This act is named the Government Code.

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About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 15133.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2. State’s Teletype System [15100 - 15137] ( Chapter 2 added by Stats. 1951, Ch. 655. ) ## ARTICLE 2. Leases of Teletype Facilities and Equipment [15130 - 15137] ( Article 2 added by Stats. 1955, Ch. 84. )

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    The Attorney General must lease facilities and equipment to connect the State Teletype System with sheriff’s offices in seven named counties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2. State’s Teletype System [15100 - 15137] ( Chapter 2 added by Stats. 1951, Ch. 655. ) ## ARTICLE 2. Leases of Teletype Facilities and Equipment [15130 - 15137] ( Article 2 added by Stats. 1955, Ch. 84. ) ## 15133. The Attorney General shall lease facilities and equipment to connect the State Teletype System with the sheriff’s office in the counties of: (a) Alpine. (b) Del Norte. (c) Lake. (d) Lassen. (e) Nevada. (f) Plumas. (g) Sierra. (Added by Stats. 1955, Ch. 84.)
  2. 15134.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2. State’s Teletype System [15100 - 15137] ( Chapter 2 added by Stats. 1951, Ch. 655. ) ## ARTICLE 2. Leases of Teletype Facilities and Equipment [15130 - 15137] ( Article 2 added by Stats. 1955, Ch. 84. )

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    The Attorney General must lease facilities and equipment to connect the State Teletype System with sheriff’s office substations in the listed locations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2. State’s Teletype System [15100 - 15137] ( Chapter 2 added by Stats. 1951, Ch. 655. ) ## ARTICLE 2. Leases of Teletype Facilities and Equipment [15130 - 15137] ( Article 2 added by Stats. 1955, Ch. 84. ) ## 15134. The Attorney General shall lease facilities and equipment to connect the State Teletype System with sheriff’s office substations at: (a) Monterey, in Monterey County. (b) Needles and Barstow, in San Bernardino County. (c) Indio and Blythe in Riverside County. (Added by Stats. 1955, Ch. 84.)
  3. 15135.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2. State’s Teletype System [15100 - 15137] ( Chapter 2 added by Stats. 1951, Ch. 655. ) ## ARTICLE 2. Leases of Teletype Facilities and Equipment [15130 - 15137] ( Article 2 added by Stats. 1955, Ch. 84. )

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    The Attorney General must lease facilities and equipment to connect the state teletype system with the police departments of the listed cities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2. State’s Teletype System [15100 - 15137] ( Chapter 2 added by Stats. 1951, Ch. 655. ) ## ARTICLE 2. Leases of Teletype Facilities and Equipment [15130 - 15137] ( Article 2 added by Stats. 1955, Ch. 84. ) ## 15135. The Attorney General shall lease facilities and equipment to connect the state teletype system with the police department of each of the following cities: (a) San Leandro. (b) San Mateo. (c) Escondido. (d) Coronado. (e) Portola. (f) Watsonville. (g) Brawley. (h) Tulare. (i) Long Beach. (j) Palo Alto. (k) Bakersfield. (l) Delano. (Amended by Stats. 1963, Ch. 1636.)
  4. 15136.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2. State’s Teletype System [15100 - 15137] ( Chapter 2 added by Stats. 1951, Ch. 655. ) ## ARTICLE 2. Leases of Teletype Facilities and Equipment [15130 - 15137] ( Article 2 added by Stats. 1955, Ch. 84. )

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    The Attorney General must lease facilities and equipment to connect the State Teletype System with the police departments of six listed cities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2. State’s Teletype System [15100 - 15137] ( Chapter 2 added by Stats. 1951, Ch. 655. ) ## ARTICLE 2. Leases of Teletype Facilities and Equipment [15130 - 15137] ( Article 2 added by Stats. 1955, Ch. 84. ) ## 15136. The Attorney General shall lease facilities and equipment to connect the State Teletype System with the police department of each of the following cities: (a) Paso Robles. (b) Bishop. (c) Santa Maria. (d) Oceanside. (e) Alameda. (f) San Jose. (Added by Stats. 1955, Ch. 84.)
  5. 15137.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2. State’s Teletype System [15100 - 15137] ( Chapter 2 added by Stats. 1951, Ch. 655. ) ## ARTICLE 2. Leases of Teletype Facilities and Equipment [15130 - 15137] ( Article 2 added by Stats. 1955, Ch. 84. )

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    The Attorney General must lease facilities and equipment to connect the state teletype system to the City of Lompoc police department if the city pays the connection and annual operating costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2. State’s Teletype System [15100 - 15137] ( Chapter 2 added by Stats. 1951, Ch. 655. ) ## ARTICLE 2. Leases of Teletype Facilities and Equipment [15130 - 15137] ( Article 2 added by Stats. 1955, Ch. 84. ) ## 15137. The Attorney General shall lease facilities and equipment to connect the state teletype system with the police department of the City of Lompoc if the city assumes the cost of connecting to the system and the annual cost of operating such extension. (Added by Stats. 1961, Ch. 1433.)
  6. 15150.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The Department of Justice must keep operating under existing provisions until it can start under this chapter, and it must not stop service at required state expense locations until it has made the required determination, given notice, and the notice period has passed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15150. (a) It is the intent of the Legislature that the Department of Justice shall commence to operate under this chapter as soon as feasible, but until such time, the department shall continue to operate under Article 8 (commencing with Section 13240) of Chapter 2, Part 3, Division 3, Title 2 of this code, and Chapter 2 (commencing with Section 15100) of this part. Accordingly, the department shall not discontinue service to any connection point to which it is required to furnish services at state expense until it has made the determination, has given notice, and the notice period has elapsed, as provided in subdivision (b). (b) At such time as the Attorney General concludes that he can furnish service to one location in any county in compliance with the requirements of Section 15161, he shall so certify and shall send notice of such certification to each agency in the county connected with the state system. Thirty days after the sending of such notice, service to any connection point in the county other than the one location selected pursuant to Section 15161 shall no longer be at state expense. (Added by Stats. 1965, Ch. 1595.)
  7. 15151.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    This section states that California intends to establish and maintain a law enforcement telecommunications system to support law enforcement agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15151. The maintenance of law and order is, and always has been, a primary function of government and is so recognized in both Federal and State Constitutions. The state has an unmistakable responsibility to give full support to all public agencies of law enforcement. This responsibility includes the provision of an efficient law enforcement communications network available to all such agencies. It is the intent of the Legislature that such a network be established and maintained in a condition adequate to the needs of law enforcement. It is the purpose of this chapter to establish a law enforcement telecommunications system for the State of California. (Added by Stats. 1965, Ch. 1595.)
  8. 15152.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The Department of Justice must maintain a statewide telecommunications system for law enforcement agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15152. The Department of Justice shall maintain a statewide telecommunications system of communication for the use of law enforcement agencies. (Added by Stats. 1965, Ch. 1595.)
  9. 15153.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The system must be directed by the Attorney General and used only for official state and local public agency business.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15153. The system shall be under the direction of the Attorney General, and shall be used exclusively for the official business of the state, and the official business of any city, county, city and county, or other public agency. (Added by Stats. 1965, Ch. 1595.)
  10. 15154.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The Attorney General must appoint an advisory committee for the California Law Enforcement Telecommunications System, and the committee must prepare technical system specifications before vendor proposals are requested.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15154. The Attorney General shall appoint an advisory committee on the California Law Enforcement Telecommunications System, hereinafter referred to as the committee, to advise and assist him in the management of the system with respect to operating policies, service evaluation, and system discipline. The committee shall serve at the pleasure of the Attorney General without compensation except for reimbursement of necessary travel expenses. Before requesting vendor proposals to implement the system, the committee shall prepare detailed technical system specifications defining all communications—handling parameters and making explicit in sufficient depth the goals of the system. (Added by Stats. 1965, Ch. 1595.)
  11. 15155.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The committee must include representatives from specified organizations and state agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15155. The committee shall consist of representatives from the following organizations: (a) Two representatives from the California Peace Officers’ Association. (b) One representative from the California State Sheriffs’ Association. (c) One representative from the League of California Cities. (d) One representative from the County Supervisors Association of California. (e) One representative from the Department of Justice. (f) One representative from the Department of Motor Vehicles. (g) One representative from the Office of Emergency Services. (h) One representative from the Department of the California Highway Patrol. (i) One representative from the California Police Chiefs Association. (Amended by Stats. 2015, Ch. 303, Sec. 214. (AB 731) Effective January 1, 2016.)
  12. 15156.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The Department of Justice must provide an executive secretary to the committee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15156. The Department of Justice shall provide an executive secretary to the committee. (Added by Stats. 1965, Ch. 1595.)
  13. 15157.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The committee must elect a chairman, and the committee sets the chairman’s term.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15157. The committee shall elect a chairman for a term to be determined by the committee. (Added by Stats. 1965, Ch. 1595.)
  14. 15158.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The committee must meet at least twice each year. The Attorney General or the chairman may call special meetings, but must give members at least 14 days’ notice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15158. The committee shall meet at least twice each year at a time and place to be determined by the Attorney General and the chairman. Special meetings may be called by the Attorney General or the chairman by giving at least 14 days’ notice to the members. (Added by Stats. 1965, Ch. 1595.)
  15. 15159.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The committee must keep all of its meetings and hearings open to the public.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15159. All meetings of the committee and all hearings held by the committee shall be open to the public. (Added by Stats. 1965, Ch. 1595.)
  16. 15160.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The Attorney General must publish system operating rules, subscribers must not use certain system information for immigration enforcement, and inquiries for non-criminal-history information must state a reason.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15160. (a) The Attorney General shall, upon the advice of the committee, adopt and publish for distribution to the system subscribers and other interested parties the operating policies, practices and procedures, and conditions of qualification for membership. (b) (1) Commencing on January 1, 2020, consistent with the California Values Act (Chapter 17.25 (commencing with Section 7284) of Division 7 of Title 1), no subscribers to the system shall use information other than criminal history information transmitted through the system for immigration enforcement purposes, as defined in subdivision (f) of Section 7284.4. In addition, no subscribers to the system shall use the system for purposes of investigating violations of Section 1325 of Title 8 of the United States Code, if a violation of that section is the only criminal history in an individual’s record. This section does not prohibit or restrict any government entity or official from sending to, or receiving from, federal immigration authorities, information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local government entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code. (2) Commencing on July 1, 2021, any inquiry for information other than criminal history information submitted through the system shall include a reason for the initiation of the inquiry. (3) Commencing on July 1, 2021, the Attorney General, and personnel they so authorize, may conduct investigations, including inspections and audits, as the Attorney General deems appropriate to monitor compliance with this subdivision. The Attorney General or authorized personnel who are conducting an investigation pursuant to this subdivision shall be authorized to review and inspect case files and any records identified in the investigation process to substantiate a reason given for accessing information other than criminal history information in the system. (c) For the purposes of this section, “system” means the statewide telecommunications system of communication established pursuant to this chapter. (Amended by Stats. 2019, Ch. 789, Sec. 1. (AB 1747) Effective January 1, 2020.)
  17. 15161.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The Department of Justice must provide a basic telecommunications network with specific limits on centers and county locations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15161. The Department of Justice shall provide a basic telecommunications communications network consisting of no more than two relay or switching centers in the state and circuitry and terminal equipment in one location only in each county in the state. The system shall be consistent with the functional specifications contained in pages 75 to 79 of the Report of the Assembly Interim Committee on Ways and Means, Volume 21, Number 9, 1963–1965. These functional specifications summarize the needs of the peace officers for present purposes, but do not constitute technical specifications addressed to prospective suppliers of equipment and procedures. (Added by Stats. 1965, Ch. 1595.)
  18. 15162.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

    Verify source ↗

    The system may connect and exchange traffic with compatible systems of adjacent states and participate in interstate operations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15162. The system may connect and exchange traffic with compatible systems of adjacent states and otherwise participate in interstate operations. (Added by Stats. 1965, Ch. 1595.)
  19. 15163.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The system must provide service to qualified law enforcement agencies that want connection through the county terminal and pay their own expense.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15163. The system shall provide service to any law enforcement agency qualified by the committee which, at its own expense, desires connection through the county terminal. (Added by Stats. 1965, Ch. 1595.)
  20. 15164.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The system must be maintained with equipment and facilities adequate for law enforcement, and it must be designed for present and future data processing equipment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15164. The system shall be maintained at all times with equipment and facilities adequate to the needs of law enforcement. The committee shall recommend to the Attorney General any improvements of the system to meet the future requirements of the subscribers and to take advantage of advancements made in the science of telecommunications communications. The system shall be designed to accommodate present and future data processing equipment. (Added by Stats. 1965, Ch. 1595.)
  21. 15164.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The county control agent or other authorized chief officer must ensure connected equipment meets required security rules and may not use that authority in conflict with the chapter or Section 15160 policies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15164.1. (a) The person designated as a county’s “control agent” as defined by the policies, practices, and procedures adopted pursuant to Section 15160, or the chief officer of any other agency that has been granted direct access to the California Law Enforcement Telecommunications System under the provisions of this chapter, shall have sole and exclusive authority to ensure that the county’s or other agency’s equipment connecting to the California Law Enforcement Telecommunications System complies with all security requirements that are conditions of access to the California Law Enforcement Telecommunications System under the provisions of this chapter, or the policies, practices, and procedures adopted pursuant to Section 15160, and that the equipment complies with the county control agent’s security policy. This authority shall include, but not be limited to, locating, managing, maintaining, and providing security for all of the county’s or other agency’s equipment that connects to, and exchanges data, video, or voice information with, the California Law Enforcement Telecommunications System under the provisions of this chapter, including, but not limited to, telecommunications transmission circuits, networking devices, computers, data bases, and servers. (b) A control agent or chief officer may not exercise the authority granted in subdivision (a) in a manner that conflicts with any other provision of this chapter, or with the policies, practices, and procedures adopted pursuant to Section 15160. (Added by Stats. 2001, Ch. 34, Sec. 1. Effective January 1, 2002.)
  22. 15165.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    Subscribers must file an agreement with the Attorney General promising to follow committee-approved operating policies, practices, and procedures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15165. Any subscriber to the system shall file with the Attorney General an agreement to conform to the operating policies, practices and procedures approved by the committee under penalty of suspension of service or other appropriate discipline by the committee. (Added by Stats. 1965, Ch. 1595.)
  23. 15166.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The Director of General Services must set the charge that state departments, officers, boards, or commissions pay to the Department of Justice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15166. The Director of General Services shall fix the charge to be paid by any state department, officer, board or commission to the Department of Justice. (Added by Stats. 1965, Ch. 1595.)
  24. 15167.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    If the user is a state agency, the charge must be paid from money available by law for support of that agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15167. In the case of a state agency, the charge shall be paid from the money available by law for the support of the state agency using the system. (Added by Stats. 1965, Ch. 1595.)
  25. 15168.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    This section lets California’s system connect with compatible tribal systems and sets the conditions for tribal access.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15168. (a) Notwithstanding Section 15153, the system may connect and exchange traffic with the compatible systems of a tribal government, as provided in this section. (b) A law enforcement agency or court of a tribe may apply to the Attorney General for access to the system. The Attorney General shall provide system access to any law enforcement agency or court of a tribe that has made application and that meets all of the qualifications prescribed in subdivision (c), as determined by the Attorney General. System access provided to a tribe shall be at the sole expense of that tribe. (c) The Attorney General shall deem a tribe that has applied for system access pursuant to subdivision (b) to be qualified only if the governing body of that tribe has enacted or adopted a law, resolution, or ordinance, which shall be maintained in continuous force, that provides for all of the following: (1) The tribe expressly waives its right to assert its sovereign immunity from suit, regulatory or administrative action, and enforcement of any ensuing judgment or arbitral award, for any and all claims arising from any actions or omissions of the tribe, including its officers, agents, and employees, when acting within the scope of their authority and duty, arising out of, connected with, or related to, the system. (2) The tribe expressly agrees that the substantive and procedural laws of the State of California shall govern any claim, suit, or regulatory or administration action, that the obligations, rights, and remedies shall be determined in accordance with such laws, and that the courts of the State of California or of the federal government, as applicable, shall have exclusive jurisdiction. (3) The tribe agrees to cooperate with any inspections, audits, and investigations by the Department of Justice for improper use or compliance with the operating policies, practices, and procedures, including any sanction or discipline imposed by the department, up to and including removal of system access. (4) The tribe and its agencies, entities, or arms, including any officers, agents, and employees of the tribe when acting within the scope of their authority and duty, shall comply with the laws of the State of California relating to the use of records and information from the system, including, without limitation, Section 6200 and this chapter, Sections 502, 11105, 11141, 11142, 11143, and 13300 to 13304, inclusive, of the Penal Code, and Section 1808.45 of the Vehicle Code. (5) The tribe and its agencies, entities, or arms, including any officers, agents, and employees of the tribe when acting within the scope of their authority and duty, shall comply with the Department of Justice’s regulations, agreements, and operating policies, practices, and procedures, relating to the security requirements, access to the records and information from the system, and use of records and information from the system. (d) The intent of the Legislature in enacting this section is to grant tribes access to, and use of, criminal justice databases, and the information in those databases, in a manner similar to the access granted under federal law codified in Section 534 of Title 28 of, and Section 41107 of Title 34 of, the United States Code. (e) The Director of General Services shall determine the charges to be paid by a tribe to the department for system access, including any initial setup charges and any ongoing charges for access. These charges shall be reasonably similar to those imposed on other system subscribers. (f) As used in this section, the following terms are defined as follows: (1) “Tribe” means a federally recognized Indian Tribe whose territorial boundaries lie wholly or partially within the State of California, and any agencies, entities, or arms of the tribe, as applicable, either together or separately. (2) “Sovereign immunity” means immunity from suit or action of the tribe and its agencies, entities, or arms, including the officers, agents, and employees of the tribe when acting within the scope of their authority and duty. (Added by Stats. 2023, Ch. 638, Sec. 2. (AB 44) Effective January 1, 2024.)
  26. 15169.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. )

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    The Commission on Peace Officer Standards and Training, and certain other authorized persons, may inspect or duplicate information from the California Law Enforcement Telecommunications System if the commission considers it necessary to carry out its duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 2.5. California Law Enforcement Telecommunications System [15150 - 15169] ( Chapter 2.5 added by Stats. 1965, Ch. 1595. ) ## 15169. Notwithstanding any other law, the Commission on Peace Officer Standards and Training, or other persons identified in subdivision (a) of Section 13503.1 of the Penal Code for whom background checks have been completed pursuant to that section and whose duties require access, may inspect or duplicate any information derived from the California Law Enforcement Telecommunications System when the commission deems the information necessary to fulfill its duties. (Added by Stats. 2025, Ch. 32, Sec. 1. (AB 354) Effective July 14, 2025.)
  27. 15200.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 3. Administration of Justice [15200 - 15204] ( Chapter 3 added by Stats. 1961, Ch. 2115. )

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    The Legislature declares that uniform administration of justice is a statewide interest and that the state should help counties with homicide trials when county funds are insufficient.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 3. Administration of Justice [15200 - 15204] ( Chapter 3 added by Stats. 1961, Ch. 2115. ) ## 15200. The Legislature hereby declares that: (1) The uniform administration of justice throughout the State is a matter of statewide interest; (2) The prosecution and conduct of trials of persons accused of homicide should not be hampered or delayed by any lack of funds available to the counties for such purposes; (3) A county should not be required to bear the entire costs of a trial involving a homicide if such costs will seriously impair the finances of the county; and (4) It is the intention of the Legislature in enacting this chapter to provide for state assistance to counties in such emergency situations. (Added by Stats. 1961, Ch. 2115.)
  28. 15201.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 3. Administration of Justice [15200 - 15204] ( Chapter 3 added by Stats. 1961, Ch. 2115. )

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    This section defines “costs incurred by the county” for homicide trial cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 3. Administration of Justice [15200 - 15204] ( Chapter 3 added by Stats. 1961, Ch. 2115. ) ## 15201. As used in this chapter, “costs incurred by the county” means all costs, except normal salaries and expenses, incurred by the county in bringing to trial or trials, including the trial or trials of, a person or persons for the offense of homicide, including costs, except normal salaries and expenses, incurred by the district attorney in investigation and prosecution, by the sheriff in investigation, by the public defender or court-appointed attorney or attorneys in investigation and defense, and all other costs, except normal salaries and expenses, incurred by the county in connection with bringing the person or persons to trial including the trial itself, which include extraordinary expenses for such services as witness fees and expenses, court-appointed expert witness fees and expenses, reporter fees, and costs in preparing transcripts. Trial costs shall also include all pretrials, hearings, and postconviction proceedings, if any. “Costs incurred by the county” do not include any costs paid by the superior court or for which the superior court is responsible. (Amended by Stats. 2008, Ch. 213, Sec. 1. Effective January 1, 2009.)
  29. 15202.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 3. Administration of Justice [15200 - 15204] ( Chapter 3 added by Stats. 1961, Ch. 2115. )

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    A county responsible for homicide-trial costs may ask the Controller to reimburse eligible costs, but not amounts above state travel and per diem standards unless the Controller approves extraordinary costs in unusual cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 3. Administration of Justice [15200 - 15204] ( Chapter 3 added by Stats. 1961, Ch. 2115. ) ## 15202. (a) A county that is responsible for the cost of a trial or trials or any hearing of a person for the offense of homicide may apply to the Controller for reimbursement of the costs incurred by the county in excess of the amount of money derived by the county from a tax of 0.0125 of 1 percent of the full value of property assessed for purposes of taxation within the county. (b) The formula in this section shall apply to any homicide trial in which the commission of the crime occurred on or after January 1, 2005. Homicide trials for which the crime was committed before January 1, 2005, shall qualify under the reimbursement statute in effect before that date. (c) The Controller shall not reimburse any county for costs that exceed the Department of General Services’ standards for travel and per diem expenses. The Controller may reimburse extraordinary costs in unusual cases if the county provides sufficient justification of the need for these expenditures. Nothing in this section shall permit the reimbursement of costs for travel in excess of 1,000 miles on any single round trip, without the prior approval of the Attorney General. (d) Reimbursement funds appropriated pursuant to this section are available for three fiscal years from the date of the appropriation. After three fiscal years, any unused funds shall revert back to the General Fund. (Amended by Stats. 2016, Ch. 31, Sec. 137. (SB 836) Effective June 27, 2016.)
  30. 15202.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 3. Administration of Justice [15200 - 15204] ( Chapter 3 added by Stats. 1961, Ch. 2115. )

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    The Controller must reimburse qualifying county homicide-trial costs, subject to venue, distance, contract, rate, and travel limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 3. Administration of Justice [15200 - 15204] ( Chapter 3 added by Stats. 1961, Ch. 2115. ) ## 15202.1. (a) If the venue for trial of a homicide case has been changed from the county which is eligible for reimbursement under Section 15202 to a location more than 60 miles from the county seat of that county, and the district attorney of that county has entered into a contract with an attorney to try the case or an investigator to assist in the trial of the case, the Controller shall reimburse the county for the actual costs of the attorney or investigator under this section, at an hourly rate not to exceed the hourly rate charged state agencies by the Attorney General for similar attorney services or investigators, without further showing of justification. Nothing in this section shall permit the reimbursement of costs for travel in excess of 1,000 miles on any single round trip, without the prior approval of the Attorney General. (b) (1) This section shall apply to any homicide cases in which a final judgment was entered on or after January 1, 1990. (2) The limitation provided in this subdivision shall not apply to Sierra County. Instead, the County of Sierra may apply to the Controller for reimbursement pursuant to subdivision (a) for its costs incident to the prosecution of the homicide trial of People v. Corjasso. (Amended by Stats. 2011, Ch. 304, Sec. 4. (SB 428) Effective January 1, 2012.)
  31. 15203.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 3. Administration of Justice [15200 - 15204] ( Chapter 3 added by Stats. 1961, Ch. 2115. )

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    If a county meets Section 15202 conditions and applies for reimbursement, and the State Controller finds the reimbursement meets Section 15201, the State Controller must ask the Director of Finance to include needed amounts in an annual deficiency appropriation request for the emergency fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 3. Administration of Justice [15200 - 15204] ( Chapter 3 added by Stats. 1961, Ch. 2115. ) ## 15203. If the county meets the conditions described in Section 15202 and applies to the State Controller for reimbursement pursuant to that section, and the State Controller determines that the reimbursement meets the provisions of Section 15201, the State Controller shall request the Director of Finance to include any amounts necessary to fulfill the purposes of Section 15202 annually in a request for deficiency appropriation in augmentation of the emergency fund. (Amended by Stats. 1980, Ch. 590.)
  32. 15204.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 3. Administration of Justice [15200 - 15204] ( Chapter 3 added by Stats. 1961, Ch. 2115. )

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    The State Controller may make rules and regulations to carry out this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6. DEPARTMENT OF JUSTICE [15000 - 15204] ( Part 6 added by Stats. 1945, Ch. 118. ) ## CHAPTER 3. Administration of Justice [15200 - 15204] ( Chapter 3 added by Stats. 1961, Ch. 2115. ) ## 15204. The State Controller may establish rules and regulations to carry out the purposes of this chapter. (Amended by Stats. 1980, Ch. 590.)
  33. 15250.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 1. General [15250 - 15254] ( Chapter 1 added by Stats. 1953, Ch. 170. )

    Verify source ↗

    This part may be cited as the California State Communications Law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 1. General [15250 - 15254] ( Chapter 1 added by Stats. 1953, Ch. 170. ) ## 15250. This part may be cited as the California State Communications Law. (Added by Stats. 1953, Ch. 170.)
  34. 15251.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 1. General [15250 - 15254] ( Chapter 1 added by Stats. 1953, Ch. 170. )

    Verify source ↗

    This section defines “Division” and “Office” for this part of the Government Code.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 1. General [15250 - 15254] ( Chapter 1 added by Stats. 1953, Ch. 170. ) ## 15251. Unless the context requires otherwise, as used in this part, the following terms shall have the following meanings: (a) “Division” means the Public Safety Communications Division established by this part. (b) “Office” means the Office of Emergency Services. (Amended by Stats. 2013, Ch. 28, Sec. 17. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  35. 15252.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 1. General [15250 - 15254] ( Chapter 1 added by Stats. 1953, Ch. 170. )

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    This section states the purpose of the part: to improve and coordinate state public safety radio and other public safety communications facilities, and to work with cities, counties, and other political subdivisions to reduce duplication, interference, and unnecessary costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 1. General [15250 - 15254] ( Chapter 1 added by Stats. 1953, Ch. 170. ) ## 15252. The purpose of this part is to improve and coordinate the use of public safety radio and other public safety communications facilities owned and operated by the state, and to coordinate and cooperate with cities, counties, and other political subdivisions thereof, in order to eliminate duplications and interferences, to bring about economies that could not otherwise be obtained. (Amended by Stats. 2006, Ch. 533, Sec. 9. Effective January 1, 2007.)
  36. 15253.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 1. General [15250 - 15254] ( Chapter 1 added by Stats. 1953, Ch. 170. )

    Verify source ↗

    This part applies only to certain public-agency communications facilities used for official government services, and it does not give the office control over broadcasts for the general public.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 1. General [15250 - 15254] ( Chapter 1 added by Stats. 1953, Ch. 170. ) ## 15253. This part shall apply only to those communications facilities which are owned and operated by public agencies in connection with official business of law enforcement services, fire services, natural resources services, agricultural services, and highway maintenance and control of the state or of cities, counties, and other political subdivisions in this state. This part shall not be construed as conferring upon the office control of programs or broadcasts intended for the general public. (Amended by Stats. 2013, Ch. 28, Sec. 18. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  37. 15254.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 1. General [15250 - 15254] ( Chapter 1 added by Stats. 1953, Ch. 170. )

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    State-owned or state-operated communications facilities under the office’s jurisdiction must not be used for political, sectarian, or propaganda purposes, and generally must not be used for public broadcasts except for certain public-safety warnings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 1. General [15250 - 15254] ( Chapter 1 added by Stats. 1953, Ch. 170. ) ## 15254. Radio and other communications facilities owned or operated by the state and subject to the jurisdiction of the office shall not be used for political, sectarian, or propaganda purposes. The facilities shall not be used for the purpose of broadcasts intended for the general public, except for fire, flood, frost, storm, catastrophe, and other warnings and information for the protection of the public safety as the office may prescribe. (Amended by Stats. 2013, Ch. 28, Sec. 19. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  38. 15275.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 2. Duties and Powers [15275 - 15277] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1976, Ch. 572. )

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    The office may represent government bodies before the FCC and may also give advice, recommend procedures, provide information and data, and carry out the part’s policy.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 2. Duties and Powers [15275 - 15277] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1976, Ch. 572. ) ## 15275. The office may do all of the following: (a) Provide adequate representation of local and state governmental bodies and agencies before the Federal Communications Commission in matters affecting the state and its cities, counties, and other public agencies regarding public safety communications issues. (b) Provide, upon request, adequate advice to state and local agencies in the state concerning existing or proposed public safety communications facilities between any and all of the following: cities, counties, other political subdivisions of the state, state departments, agencies, boards, and commissions, and departments, agencies, boards, and commissions of other states and federal agencies. (c) Recommend to the appropriate state and local agencies rules, regulations, procedures, and methods of operation that it deems necessary to effectuate the most efficient and economical use of publicly owned and operated public safety communications facilities within this state. (d) Provide, upon request, information and data concerning the public safety communications facilities that are owned and operated by public agencies in connection with official business of public safety services. (e) Carry out the policy of this part. (Amended by Stats. 2013, Ch. 28, Sec. 20. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  39. 15277.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 2. Duties and Powers [15275 - 15277] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1976, Ch. 572. )

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    The Public Safety Communications Division is created and must carry out a long list of public safety communications duties, while also having authority to take steps needed to run related systems.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 2. Duties and Powers [15275 - 15277] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1976, Ch. 572. ) ## 15277. The Public Safety Communications Division is established within the office. The duties of the division shall include, but not be limited to, all of the following: (a) Assessing the overall long-range public safety communications needs and requirements of the state considering emergency operations, performance, cost, state-of-the-art technology, multiuser availability, security, reliability, and other factors deemed to be important to state needs and requirements. (b) Developing strategic and tactical policies and plans for public safety communications with consideration for the systems and requirements of the state and all public agencies in this state, and preparing an annual strategic communications plan that includes the feasibility of interfaces with federal and other state telecommunications networks and services. (c) Recommending industry standards for public safety communications systems to ensure multiuser availability and compatibility. (d) Providing advice and assistance in the selection of communications equipment to ensure that the public safety communications needs of state agencies are met and that procurements are compatible throughout state agencies and are consistent with the state’s strategic and tactical plans for public safety communications. (e) Providing management oversight of statewide public safety communications systems developments. (f) Providing for coordination of, and comment on, plans, policies, and operational requirements from departments that utilize public safety communications in support of their principal function, such as the National Guard, health and safety agencies, and others with primary public safety communications programs. (g) Monitoring and participating on behalf of the state in the proceedings of federal and state regulatory agencies and in congressional and state legislative deliberations that have an impact on state government public safety communications activities. (h) Developing plans regarding teleconferencing as an alternative to state travel during emergency situations. (i) Ensuring that all radio transmitting devices owned or operated by state agencies and departments are licensed, installed, and maintained in accordance with the requirements of federal law. A request for a federally required license for a state-owned radio transmitting device shall be sought only in the name of the “State of California.” (j) Acquiring, installing, equipping, maintaining, and operating new or existing public safety communications systems and facilities for public safety agencies. To accomplish that purpose, the division is authorized to enter into contracts, obtain licenses, acquire property, install necessary equipment and facilities, and do other necessary acts to provide adequate and efficient public safety communications systems. Any systems established shall be available to all public agencies in the state on terms that may be agreed upon by the public agency and the division. (k) Acquiring, installing, equipping, maintaining, and operating all new or replacement microwave communications systems operated by the state, except microwave equipment used exclusively for traffic signal and signing control, traffic metering, and roadway surveillance systems. To accomplish that purpose, the division is authorized to enter into contracts, obtain licenses, acquire property, install necessary equipment and facilities, and do other necessary acts to provide adequate and efficient microwave communications systems. Any system established shall be available to all public safety agencies in the state on terms that may be agreed upon by the public agency and the division. (l) This chapter shall not apply to Department of Justice communications operated pursuant to Chapter 2.5 (commencing with Section 15150) of Part 6. (Amended by Stats. 2013, Ch. 28, Sec. 21. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  40. 15278.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 3. Public Safety Communications [15278 - 15283] ( Chapter 3 added by Stats. 2013, Ch. 28, Sec. 22. )

    Verify source ↗

    This chapter is known and may be cited as the Public Safety Communications Act of 2013.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 3. Public Safety Communications [15278 - 15283] ( Chapter 3 added by Stats. 2013, Ch. 28, Sec. 22. ) ## 15278. This chapter shall be known, and may be cited, as the Public Safety Communications Act of 2013. (Added by Stats. 2013, Ch. 28, Sec. 22. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  41. 15279.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 3. Public Safety Communications [15278 - 15283] ( Chapter 3 added by Stats. 2013, Ch. 28, Sec. 22. )

    Verify source ↗

    In this chapter, “director” means the Director of the Office of Emergency Services, unless the context requires otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 3. Public Safety Communications [15278 - 15283] ( Chapter 3 added by Stats. 2013, Ch. 28, Sec. 22. ) ## 15279. For purposes of this chapter, unless the context requires otherwise, “director” means the Director of the Office of Emergency Services. (Added by Stats. 2013, Ch. 28, Sec. 22. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  42. 15280.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 3. Public Safety Communications [15278 - 15283] ( Chapter 3 added by Stats. 2013, Ch. 28, Sec. 22. )

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    This section creates the Public Safety Communications Division in the Office of Emergency Services and transfers related services, responsibilities, employees, records, and property to that office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 3. Public Safety Communications [15278 - 15283] ( Chapter 3 added by Stats. 2013, Ch. 28, Sec. 22. ) ## 15280. (a) There is in state government, within the Office of Emergency Services, the Public Safety Communications Division. (b) The Public Safety Communications Division is under the supervision of a chief. (c) The purpose of this chapter is to transfer the services and responsibilities previously held by the Public Safety Communications Division within the California Technology Agency to the Office of Emergency Services. (d) Unless the context clearly requires otherwise, the Office of Emergency Services and the Director of the Office of Emergency Services succeed to and are vested with all the duties, powers, purposes, responsibilities, and jurisdiction vested in the former Public Safety Communications Division within the California Technology Agency. (e) Unless the context clearly requires otherwise, whenever the “Public Safety Communications Division within the California Technology Agency” or the “Public Safety Communications Division of the California Technology Agency” is referenced in any statute, regulation, or contract, it shall be construed to refer to the Public Safety Communications Division within the Office of Emergency Services. (f) All employees serving in state civil service, other than temporary employees, who are engaged in the performance of functions transferred to the Office of Emergency Services, are transferred to the Office of Emergency Services. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions the duties of which are vested in a position exempt from civil service. The personnel records of all transferred employees shall be transferred to the Office of Emergency Services. (g) The property of any office, agency, or department related to functions transferred to the Office of Emergency Services is transferred to the Office of Emergency Services. If any doubt arises as to where that property is transferred, the Department of General Services shall determine where the property is transferred. (Added by Stats. 2013, Ch. 28, Sec. 22. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  43. 15281.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 3. Public Safety Communications [15278 - 15283] ( Chapter 3 added by Stats. 2013, Ch. 28, Sec. 22. )

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    The Chief of the Public Safety Communications Division must manage the division’s affairs and carry out its duties and responsibilities. The Office of Emergency Services must employ needed personnel for this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 3. Public Safety Communications [15278 - 15283] ( Chapter 3 added by Stats. 2013, Ch. 28, Sec. 22. ) ## 15281. The Chief of the Public Safety Communications Division shall be responsible for managing the affairs of the Public Safety Communications Division and shall perform all duties, exercise all powers and jurisdiction, and assume and discharge all responsibilities necessary to carry out the responsibilities of the Public Safety Communications Division. The Office of Emergency Services shall employ professional, clerical, technical, and administrative personnel as necessary to carry out this chapter. (Added by Stats. 2013, Ch. 28, Sec. 22. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  44. 15282.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 3. Public Safety Communications [15278 - 15283] ( Chapter 3 added by Stats. 2013, Ch. 28, Sec. 22. )

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    The Director of the Office of Emergency Services must establish rates for the Public Safety Communications Division’s services using a formal rate methodology.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 3. Public Safety Communications [15278 - 15283] ( Chapter 3 added by Stats. 2013, Ch. 28, Sec. 22. ) ## 15282. The Director of the Office of Emergency Services shall establish rates for the Office of Emergency Services’ Public Safety Communications Division’s services based on a formal rate methodology. (Added by Stats. 2013, Ch. 28, Sec. 22. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  45. 15283.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 3. Public Safety Communications [15278 - 15283] ( Chapter 3 added by Stats. 2013, Ch. 28, Sec. 22. )

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    This section creates the Public Safety Communications Revolving Fund and sets rules for how it is administered, funded, transferred into, and used.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.5. CALIFORNIA STATE COMMUNICATIONS LAW [15250 - 15283] ( Part 6.5 added by Stats. 1953, Ch. 170. ) ## CHAPTER 3. Public Safety Communications [15278 - 15283] ( Chapter 3 added by Stats. 2013, Ch. 28, Sec. 22. ) ## 15283. (a) For purposes of this section, “fund” means the Public Safety Communications Revolving Fund. (b) The Public Safety Communications Revolving Fund is hereby created within the State Treasury. The fund shall be administered by the director and shall be used, upon appropriation by the Legislature, to pay all costs to the office resulting from this chapter or from rendering services to the state or other public agencies, which costs include, but are not limited to, costs of employing and compensating necessary personnel, expenses such as operating or other expenses of the division, and costs associated with approved public safety communications projects, and to establish reserves. The director, at his or her discretion, may establish segregated, dedicated accounts within the fund. (c) The fund shall consist of all of the following: (1) Revenues from the provision or sale of public safety communications services provided for in this chapter or of other services rendered by the division. (2) Moneys appropriated and made available by the Legislature for the purposes of this chapter. (3) Any other moneys properly credited or made available to the division from any other source, including, but not limited to, the return from investments of moneys by the Treasurer. (d) Pursuant to Section 11255, the Controller shall, at the request of the division and consistent with the annual budget of each state department, transfer to the fund any payment authorized to be collected by the division from public agencies for the division’s services. The division shall notify each affected state agency upon requesting the Controller to make any transfer pursuant to this subdivision. (e) If the balance remaining in the fund at the end of any fiscal year exceeds 25 percent of the portion of the division’s budget for that fiscal year that is used for supporting public safety communications and other client services, the excess amount shall be used to reduce the billing rates for services rendered by the office during the following fiscal year. (f) This section shall become operative on July 1, 2016. (Added by Stats. 2016, Ch. 32, Sec. 64. (SB 837) Effective June 27, 2016. Section operative July 1, 2016, by its own provisions.)
  46. 1530.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Official Bonds [1450 - 1653] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Qualifications of Sureties [1530 - 1532] ( Heading of Article 4 amended by Stats. 1982, Ch. 517, Sec. 240. )

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    An officer may not accept or approve certain official bonds unless each personal surety’s affidavit states the surety is a resident and owns real property or is a householder in the county or an adjoining county.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Official Bonds [1450 - 1653] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Qualifications of Sureties [1530 - 1532] ( Heading of Article 4 amended by Stats. 1982, Ch. 517, Sec. 240. ) ## 1530. The officer whose duty it is to approve official bonds required of officers of a county or judicial district not named in Section 1458 shall not accept or approve any such bond unless the affidavit of each of the personal sureties on the bond contains a statement that the surety is a resident, and either an owner of real property or householder, within the county or within an adjoining county. (Amended by Stats. 1982, Ch. 517, Sec. 241.)
  47. 15301.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.6. ASSISTANCE TO HOMELESS PERSONS [15301 - 15301.6] ( Part 6.6 added by Stats. 1986, Ch. 1484, Sec. 1. ) ## CHAPTER 2. Emergency Shelter Program [15301 - 15301.6] ( Chapter 2 added by Stats. 1994, Ch. 1195, Sec. 1. )

    Verify source ↗

    Certain listed armories must be made available for temporary shelter for homeless persons during October 15 to April 15 each year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.6. ASSISTANCE TO HOMELESS PERSONS [15301 - 15301.6] ( Part 6.6 added by Stats. 1986, Ch. 1484, Sec. 1. ) ## CHAPTER 2. Emergency Shelter Program [15301 - 15301.6] ( Chapter 2 added by Stats. 1994, Ch. 1195, Sec. 1. ) ## 15301. (a) The El Centro and Calexico armories in Imperial County; the Culver City, Glendale, Inglewood, Long Beach 7th Street, Pomona, Sylmar, and West Los Angeles Federal Avenue armories in Los Angeles County; the San Rafael armory in Marin County; the Merced armory in Merced County; the Fullerton and Santa Ana armories in Orange County; the Roseville armory in Placer County; the Corona, Indio, and Riverside armories in Riverside County; the El Cajon, Escondido, and Vista armories in San Diego County; the Atascadero armory in San Luis Obispo County; the San Mateo armory in San Mateo County; the Santa Barbara and Santa Maria armories in Santa Barbara County; the Gilroy, San Jose Hedding Street, and Sunnyvale armories in Santa Clara County; the Santa Cruz and Watsonville armories in Santa Cruz County; the Redding armory in Shasta County; the Petaluma and Santa Rosa armories in Sonoma County; and the Oxnard and Ventura armories in Ventura County, shall be made available to these counties or a city in these counties for the purpose of providing temporary shelter for homeless persons during the period from October 15 through April 15 each year. (b) The Adjutant General may, in the Adjutant General’s sole discretion, use alternate armories as may be necessary to meet the operational needs of the Military Department. Additionally, any county or city, including those not listed in subdivision (a), may use any armory within its jurisdiction subject to the approval of the Adjutant General. (c) At the sole discretion of the Adjutant General, any armory deemed vacant by the Military Department may be made available throughout the year to the county or city in which that armory is located for the purpose of providing temporary shelter from hazardous weather conditions for homeless persons. (d) Subject to appropriation in the annual Budget Act, the Adjutant General may increase or decrease the number of days of operation among all of the armories funded in any year to best meet cold weather demands as they develop. The Adjutant General shall periodically report to the counties authorized to receive funds on the ongoing availability of remaining funded shelter days. (Amended by Stats. 2019, Ch. 338, Sec. 1. (AB 761) Effective January 1, 2020.)
  48. 15301.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.6. ASSISTANCE TO HOMELESS PERSONS [15301 - 15301.6] ( Part 6.6 added by Stats. 1986, Ch. 1484, Sec. 1. ) ## CHAPTER 2. Emergency Shelter Program [15301 - 15301.6] ( Chapter 2 added by Stats. 1994, Ch. 1195, Sec. 1. )

    Verify source ↗

    State armories may not be made available during militia or U.S. Armed Forces drills/training at the armory, or when the Governor or Adjutant General has designated them for emergency use.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.6. ASSISTANCE TO HOMELESS PERSONS [15301 - 15301.6] ( Part 6.6 added by Stats. 1986, Ch. 1484, Sec. 1. ) ## CHAPTER 2. Emergency Shelter Program [15301 - 15301.6] ( Chapter 2 added by Stats. 1994, Ch. 1195, Sec. 1. ) ## 15301.1. State armories shall not be made available during any period that any organization of the state militia or of the Armed Forces of the United States is conducting drills or other military training or activity at the armory or during any period that the armories have been designated by the Governor or the Adjutant General for use appropriate to a condition of emergency, including, but not limited to, use by the Red Cross during an earthquake, fire, or other disaster. (Added by Stats. 1994, Ch. 1195, Sec. 1. Effective January 1, 1995.)
  49. 15301.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.6. ASSISTANCE TO HOMELESS PERSONS [15301 - 15301.6] ( Part 6.6 added by Stats. 1986, Ch. 1484, Sec. 1. ) ## CHAPTER 2. Emergency Shelter Program [15301 - 15301.6] ( Chapter 2 added by Stats. 1994, Ch. 1195, Sec. 1. )

    Verify source ↗

    A county or city using a state armory for this shelter program must get a Military Department license and take responsibility for compliance, liabilities, shelter costs, security, janitorial service, and relocation planning.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.6. ASSISTANCE TO HOMELESS PERSONS [15301 - 15301.6] ( Part 6.6 added by Stats. 1986, Ch. 1484, Sec. 1. ) ## CHAPTER 2. Emergency Shelter Program [15301 - 15301.6] ( Chapter 2 added by Stats. 1994, Ch. 1195, Sec. 1. ) ## 15301.3. Any county or city authorized in Section 15301 electing to use a state armory or armories for the purpose of this chapter, in consultation with the Community Advisory Committee appointed pursuant to Section 438 of the Military and Veterans Code or, if no committee has been appointed, in consultation with the Adjutant General, shall obtain a license from the Military Department with the following requirements: (a) The county or city obtaining a license shall be solely responsible for measures and costs required to comply with state and local health and safety codes during the license periods. (b) The county or city obtaining a license shall be responsible for all legal liabilities during the license periods and the state shall be held harmless in each case. (c) Except as provided in the annual Budget Act, the county or city obtaining a license shall be responsible for all costs of providing shelter in the state armory or armories to homeless persons during the license periods, including, but not limited to, all costs for minor emergency repairs, including, but not limited to, plumbing and electrical work, and shall reimburse the Military Department for all costs of providing armories for shelter operations including, but not limited to, utilities, building maintenance and repair, administrative costs, and for National Guardsman for the security of military equipment and property. (d) The county or city obtaining a license shall be solely responsible for alternative housing arrangements, including relocation measures and transportation, for homeless persons housed in state armories during the license periods, upon notification from the Military Department that the armory or armories shall be required for military activities or emergency purposes as announced by the Governor. The Military Department or the Governor shall determine the evacuation deadline. (e) The county or city obtaining a license shall be responsible for providing uniformed security personnel from one hour before the shelter opens until one hour after lights out. Prior to shelter services commencing, the county or city shall also notify officers from the local law enforcement agency with jurisdiction over the armory and request that officers make periodic visits to the armory on each night of operation. (f) The county or city obtaining a license shall be responsible for providing janitorial service from a licensed contractor or qualified civil service employees in order to meet state health and sanitation standards for restrooms and shower facilities. (Amended by Stats. 2020, Ch. 145, Sec. 1. (AB 2275) Effective September 25, 2020.)
  50. 15301.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.6. ASSISTANCE TO HOMELESS PERSONS [15301 - 15301.6] ( Part 6.6 added by Stats. 1986, Ch. 1484, Sec. 1. ) ## CHAPTER 2. Emergency Shelter Program [15301 - 15301.6] ( Chapter 2 added by Stats. 1994, Ch. 1195, Sec. 1. )

    Verify source ↗

    Counties that get a license under Section 15301.3 must set up a local shelter advisory committee and choose its members.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 6.6. ASSISTANCE TO HOMELESS PERSONS [15301 - 15301.6] ( Part 6.6 added by Stats. 1986, Ch. 1484, Sec. 1. ) ## CHAPTER 2. Emergency Shelter Program [15301 - 15301.6] ( Chapter 2 added by Stats. 1994, Ch. 1195, Sec. 1. ) ## 15301.6. (a) Each county that obtains a license under Section 15301.3 shall establish a local shelter advisory committee, which shall have all of the following responsibilities: (1) To address issues related to shelter operation, including, but not limited to, sanitation and security issues. (2) To ensure that the shelter maintains a “good neighbor policy.” (3) To assist in finding long-term solutions for providing housing for the homeless to reduce the degree to which state armories are utilized as sites for housing homeless persons. (b) The county shall select the advisory committee, which shall include representatives from the county and cities within the county in which armories are utilized, local government planning departments, the California National Guard, homeless service providers, local peace officers, representatives of affected community organizations, and advocates for homeless persons. Counties may utilize existing homeless task forces, including, but not limited to, a task force for purposes of the Federal Emergency Management Agency (FEMA), if the membership of the task force has representatives that meet all of the requirements of this subdivision. (Amended by Stats. 2000, Ch. 958, Sec. 3. Effective January 1, 2001.)
  51. 1531.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Official Bonds [1450 - 1653] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Qualifications of Sureties [1530 - 1532] ( Heading of Article 4 amended by Stats. 1982, Ch. 517, Sec. 240. )

    Verify source ↗

    Sureties on the bonds of certain county or judicial district officers must be approved by the presiding judge of the superior court before the principals’ bonds can be recorded and filed.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Official Bonds [1450 - 1653] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Qualifications of Sureties [1530 - 1532] ( Heading of Article 4 amended by Stats. 1982, Ch. 517, Sec. 240. ) ## 1531. The sureties on the bonds of all officers of a county or judicial district named in Section 1458 shall first be approved by the presiding judge of the superior court as is provided for the approval of the bond of their principals, before their principals’ bonds may be recorded and filed. (Amended by Stats. 1983, Ch. 464, Sec. 3.)
  52. 1532.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Official Bonds [1450 - 1653] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Qualifications of Sureties [1530 - 1532] ( Heading of Article 4 amended by Stats. 1982, Ch. 517, Sec. 240. )

    Verify source ↗

    Certain county officials may not act as sureties on each other’s official bonds, and a county board member may not be accepted as surety for a county or judicial district officer in the same county.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Official Bonds [1450 - 1653] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4. Qualifications of Sureties [1530 - 1532] ( Heading of Article 4 amended by Stats. 1982, Ch. 517, Sec. 240. ) ## 1532. A member of the board of supervisors shall not be accepted as surety upon the official bond of any officer of a county or judicial district of his county. The sheriff, county clerk, tax collector, treasurer, recorder, auditor, assessor, or district attorney of the same county shall not become sureties upon official bonds for each other. (Amended by Stats. 1951, Ch. 1553.)
  53. 15363.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## [PART 6.7. ECONOMIC AND BUSINESS DEVELOPMENT] [15363.60 - 15363.65] ( Part 6.7 added by Stats. 1977, Ch. 345, Sec. 7. ) ## CHAPTER 1.4. Film California First [15363.60 - 15363.65] ( Chapter 1.4 added by Stats. 2003, Ch. 662, Sec. 5. )

    Verify source ↗

    This chapter is called the Film California First Program and may be cited by that name.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## [PART 6.7. ECONOMIC AND BUSINESS DEVELOPMENT] [15363.60 - 15363.65] ( Part 6.7 added by Stats. 1977, Ch. 345, Sec. 7. ) ## CHAPTER 1.4. Film California First [15363.60 - 15363.65] ( Chapter 1.4 added by Stats. 2003, Ch. 662, Sec. 5. ) ## 15363.60. This chapter shall be known and may be cited as the Film California First Program. (Added by Stats. 2003, Ch. 662, Sec. 5. Effective January 1, 2004.)
  54. 15363.61.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## [PART 6.7. ECONOMIC AND BUSINESS DEVELOPMENT] [15363.60 - 15363.65] ( Part 6.7 added by Stats. 1977, Ch. 345, Sec. 7. ) ## CHAPTER 1.4. Film California First [15363.60 - 15363.65] ( Chapter 1.4 added by Stats. 2003, Ch. 662, Sec. 5. )

    Verify source ↗

    The Legislature states that, starting with the 2002–03 fiscal year, General Fund funding for the program should not exceed the prior fiscal year’s General Fund funding level.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## [PART 6.7. ECONOMIC AND BUSINESS DEVELOPMENT] [15363.60 - 15363.65] ( Part 6.7 added by Stats. 1977, Ch. 345, Sec. 7. ) ## CHAPTER 1.4. Film California First [15363.60 - 15363.65] ( Chapter 1.4 added by Stats. 2003, Ch. 662, Sec. 5. ) ## 15363.61. (a) The Legislature finds and declares as follows: (1) The entertainment industry is one of California’s leading industries in terms of employment and tax revenue. (2) While film, television, and commercial production in California has expanded over the years, other states and countries actively compete for California production business. It is generally acknowledged that certain segments of the industry, mainly film and television production, are especially hard hit in California. The Legislature finds that this is due to assertive efforts of other states and countries, offering various incentives for filming outside of California. As a result of increased marketing efforts by other states and countries, unemployment in certain film industry sectors and a reduction of film business has occurred within California. (3) Recognizing the vital role the entertainment industry plays in California’s economy, legislation enacted in 1985 created the California Film Commission to facilitate, retain, and attract filming in California. (4) In order to stop the decline of California film production, it is necessary and appropriate to assist in the underwriting of actual costs incurred by production companies to film in California and to provide opportunities for production companies and other film industry companies to lease property owned by the State of California at below market rates. (5) Providing the funds designated under this program, and leasing property owned by the State of California at below market rates is in the public interest and serves a public purpose, and providing incentives to production companies and other film industry companies will promote the prosperity, health, safety, and welfare of the citizens of the State of California. (b) It is the intent of the Legislature that, commencing with the 2002–03 fiscal year, funding for the program from the General Fund shall not exceed the General Fund funding level for the prior fiscal year. (Amended by Stats. 2013, Ch. 352, Sec. 295. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  55. 15363.62.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## [PART 6.7. ECONOMIC AND BUSINESS DEVELOPMENT] [15363.60 - 15363.65] ( Part 6.7 added by Stats. 1977, Ch. 345, Sec. 7. ) ## CHAPTER 1.4. Film California First [15363.60 - 15363.65] ( Chapter 1.4 added by Stats. 2003, Ch. 662, Sec. 5. )

    Verify source ↗

    This section defines key terms used in the chapter, including “film,” “film costs,” “fund,” “office,” “production company,” “program,” and “public agency.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## [PART 6.7. ECONOMIC AND BUSINESS DEVELOPMENT] [15363.60 - 15363.65] ( Part 6.7 added by Stats. 1977, Ch. 345, Sec. 7. ) ## CHAPTER 1.4. Film California First [15363.60 - 15363.65] ( Chapter 1.4 added by Stats. 2003, Ch. 662, Sec. 5. ) ## 15363.62. For purposes of this chapter, the following meanings shall apply: (a) “Film” means any commercial production for motion picture, television, commercial, or still photography. (b) “Film costs” means the usual and customary charges by a public agency connected with the production of a film, limited to any of the following: (1) State employee costs. (2) Federal employee costs. (3) Federal, state, University of California, and California State University permits and rental costs. (4) Local public entity employee costs. (5) Local property use fees. (6) Rental costs for equipment owned and operated by a public agency in connection with the film. (c) “Fund” means the Film California First Fund, established pursuant to Section 15363.74. (d) “Office” means the Governor’s Office of Business and Economic Development, which includes the California Film Commission. (e) “Production company” means a company, partnership, or corporation, engaged in the production of film. (f) “Program” means the Film California First Program established pursuant to this chapter. (g) “Public agency” means any of the following: (1) The State of California, and any of its agencies, departments, boards, or commissions. (2) The federal government, and any of its agencies, departments, boards, or commissions. (3) The University of California. (4) The California State University. (5) California local public entities. (6) Any nonprofit corporation acting as an agent for the recovery of costs incurred by any of the entities listed in this subdivision. (Amended by Stats. 2013, Ch. 352, Sec. 296. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  56. 15363.63.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## [PART 6.7. ECONOMIC AND BUSINESS DEVELOPMENT] [15363.60 - 15363.65] ( Part 6.7 added by Stats. 1977, Ch. 345, Sec. 7. ) ## CHAPTER 1.4. Film California First [15363.60 - 15363.65] ( Chapter 1.4 added by Stats. 2003, Ch. 662, Sec. 5. )

    Verify source ↗

    This section lets the office reimburse certain film costs for public agencies, but only under listed limits and audit conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## [PART 6.7. ECONOMIC AND BUSINESS DEVELOPMENT] [15363.60 - 15363.65] ( Part 6.7 added by Stats. 1977, Ch. 345, Sec. 7. ) ## CHAPTER 1.4. Film California First [15363.60 - 15363.65] ( Chapter 1.4 added by Stats. 2003, Ch. 662, Sec. 5. ) ## 15363.63. (a) (1) Except as provided in paragraph (2), the office may pay and reimburse the film costs incurred by a public agency, subject to an audit. The director of the commission shall develop alternate procedures for the reimbursement of public agency costs incurred by the production company. The office shall only reimburse actual costs incurred and may not reimburse for duplicative costs. (2) Notwithstanding paragraph (1), the office shall not reimburse costs at rates exceeding those in effect as of January 1, 2002. (b) Notwithstanding any other provision of law, the Controller shall pay any program invoice received from the office that contains documentation detailing the film costs, and if the party requesting payment or reimbursement is a public agency, a certification that the invoice is not duplicative cost recovery, and an agreement by the public agency that the office may audit the public agency for invoice compliance with the program requirements. (c) (1) Not more than three hundred thousand dollars ($300,000) shall be expended to pay or reimburse costs incurred on any one film. (2) In developing the procedures and guidelines for the program, the commission may, in consultation with interested public agencies, establish limits on per day film costs that the state will reimburse. A consultation and comment period shall begin on January 1, 2001, and shall end 30 days thereafter. (d) (1) Upon receipt of all necessary film costs documentation from a public agency, the office shall transmit the appropriate information to the Controller for payment of the film costs within 30 days. (2) Public agencies shall be entitled to reimbursement for certain administrative costs, to be determined by the director of the commission, incurred while participating in the program. The reimbursement for administrative costs shall not exceed 1 percent of the total amount of the invoices submitted. Reimbursement shall have an annual cap imposed of not more than ten thousand dollars ($10,000) per public agency participating in the program. Contracted agents working on behalf of two or more public agencies shall have a cap of not more than twenty thousand dollars ($20,000) annually. (e) The commission shall prepare annual preliminary reports to be submitted to the Joint Legislative Budget Committee in regard to the program prior to the adoption of the annual Budget Act. The reports shall include a list of all entities that received funds from the program, the amounts they received, and the public services that were reimbursed. The commission shall prepare and submit a final report to the committee no later than January 1, 2004. (f) The commission shall, in consultation with the Department of Industrial Relations and the Employment Development Department, contract with an independent audit firm or qualified academic expert, to prepare a report to be submitted to the Joint Legislative Budget Committee no later than January 1, 2004, that identifies the beneficiaries of expenditures from the Film California First Fund, and determines the impact of these expenditures on job retention and job creation in California. (Amended by Stats. 2013, Ch. 352, Sec. 297. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  57. 15363.64.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## [PART 6.7. ECONOMIC AND BUSINESS DEVELOPMENT] [15363.60 - 15363.65] ( Part 6.7 added by Stats. 1977, Ch. 345, Sec. 7. ) ## CHAPTER 1.4. Film California First [15363.60 - 15363.65] ( Chapter 1.4 added by Stats. 2003, Ch. 662, Sec. 5. )

    Verify source ↗

    The Film California First Fund is established in the State Treasury, and certain money must be paid into it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## [PART 6.7. ECONOMIC AND BUSINESS DEVELOPMENT] [15363.60 - 15363.65] ( Part 6.7 added by Stats. 1977, Ch. 345, Sec. 7. ) ## CHAPTER 1.4. Film California First [15363.60 - 15363.65] ( Chapter 1.4 added by Stats. 2003, Ch. 662, Sec. 5. ) ## 15363.64. (a) The Film California First Fund is hereby established in the State Treasury. (b) The following moneys shall be paid into the fund: (1) Any moneys appropriated and made available by the Legislature for the purposes of this chapter. (2) Any other moneys that may be made available to the agency for the purpose of this chapter from any other source, including the return from investments of moneys by the Treasurer. (Added by Stats. 2003, Ch. 662, Sec. 5. Effective January 1, 2004.)
  58. 15363.65.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## [PART 6.7. ECONOMIC AND BUSINESS DEVELOPMENT] [15363.60 - 15363.65] ( Part 6.7 added by Stats. 1977, Ch. 345, Sec. 7. ) ## CHAPTER 1.4. Film California First [15363.60 - 15363.65] ( Chapter 1.4 added by Stats. 2003, Ch. 662, Sec. 5. )

    Verify source ↗

    Certain film-program procedures and guidelines are exempt from Chapter 3.5 for 36 months after the chapter’s effective date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## [PART 6.7. ECONOMIC AND BUSINESS DEVELOPMENT] [15363.60 - 15363.65] ( Part 6.7 added by Stats. 1977, Ch. 345, Sec. 7. ) ## CHAPTER 1.4. Film California First [15363.60 - 15363.65] ( Chapter 1.4 added by Stats. 2003, Ch. 662, Sec. 5. ) ## 15363.65. Procedures and guidelines promulgated to clarify and make specific provisions of the program established pursuant to this chapter, or of any other film assistance program within the agency, shall be exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 for a period of 36 months after the effective date of this chapter. Following the 36-month exemption, the commission may adopt regulations concerning the implementation of this chapter as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1. The adoption of these regulations is an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare within the meaning of subdivision (b) of Section 11346.1. Notwithstanding subdivision (e) of Section 11346.1, the regulations shall not remain in effect for more than 180 days unless the commission complies with all provisions of Chapter 3.5 (commencing with Section 11340) of Part 1, as required by subdivision (e) of Section 11346.1. (Added by Stats. 2003, Ch. 662, Sec. 5. Effective January 1, 2004.)
  59. 15400.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 1. General Provisions [15400 - 15404] ( Chapter 1 added by Stats. 1975, Ch. 1125. )

    Verify source ↗

    The Governor must appoint a State Public Defender, but only with Senate confirmation. The appointee must be a State Bar member, have been one for the five years before appointment, and have substantial relevant criminal or juvenile defense experience.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 1. General Provisions [15400 - 15404] ( Chapter 1 added by Stats. 1975, Ch. 1125. ) ## 15400. The Governor shall appoint a State Public Defender, subject to confirmation by the Senate. The State Public Defender shall be a member of the State Bar, shall have been a member of the State Bar during the five years preceding appointment, and shall have had substantial experience in the representation of accused or convicted persons in criminal or juvenile proceedings during that time. (Added by Stats. 1975, Ch. 1125.)
  60. 15401.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 1. General Provisions [15400 - 15404] ( Chapter 1 added by Stats. 1975, Ch. 1125. )

    Verify source ↗

    The State Public Defender is appointed for a four-year term and receives the salary set by the specified compensation chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 1. General Provisions [15400 - 15404] ( Chapter 1 added by Stats. 1975, Ch. 1125. ) ## 15401. (a) The State Public Defender shall be appointed for a term of four years commencing on January 1, 1976, and shall serve until the appointment and qualification of their successor. Any vacancy shall be filled for the balance of the unexpired term. (b) The State Public Defender shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2. (Amended by Stats. 2022, Ch. 197, Sec. 7. (SB 1493) Effective January 1, 2023.)
  61. 15402.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 1. General Provisions [15400 - 15404] ( Chapter 1 added by Stats. 1975, Ch. 1125. )

    Verify source ↗

    The State Public Defender may hire staff, contract with specified public and private legal organizations, open offices, and make mutual assistance agreements. Those attorneys and organizations must work under the State Public Defender’s supervision and control.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 1. General Provisions [15400 - 15404] ( Chapter 1 added by Stats. 1975, Ch. 1125. ) ## 15402. The State Public Defender may employ deputies and other employees, contract with county public defenders, private attorneys, and nonprofit corporations, and establish and operate offices, as they may need for the proper performance of their duties. The State Public Defender may provide for participation by those attorneys and organizations in the performance of State Public Defender’s duties. The attorneys and organizations shall serve under the supervision and control of the State Public Defender and shall be compensated for their services either under those contracts or in the manner provided in Section 1241 of the Penal Code. The State Public Defender may also enter into reciprocal or mutual assistance agreements with the board of supervisors of one or more counties to provide for exchange of personnel for the purposes set forth in Section 27707.1. (Amended by Stats. 2020, Ch. 29, Sec. 5. (SB 118) Effective August 6, 2020.)
  62. 15403.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 1. General Provisions [15400 - 15404] ( Chapter 1 added by Stats. 1975, Ch. 1125. )

    Verify source ↗

    The State Public Defender must study public defender and indigent defense workloads and submit a report to the Legislature by January 1, 2025, if funded.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 1. General Provisions [15400 - 15404] ( Chapter 1 added by Stats. 1975, Ch. 1125. ) ## 15403. (a) Subject to an appropriation of funds by the Legislature in the annual Budget Act or other measure made for purposes of this section, the State Public Defender, in consultation with the California Public Defenders Association and other subject matter experts, shall undertake a study to assess appropriate workloads for public defenders and indigent defense attorneys and shall submit a report with their findings and recommendations to the Legislature no later than January 1, 2025. (b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2029. (Amended by Stats. 2023, Ch. 311, Sec. 2. (SB 883) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.)
  63. 15404.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 1. General Provisions [15400 - 15404] ( Chapter 1 added by Stats. 1975, Ch. 1125. )

    Verify source ↗

    The State Public Defender may issue regulations and take other actions needed to carry out this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 1. General Provisions [15400 - 15404] ( Chapter 1 added by Stats. 1975, Ch. 1125. ) ## 15404. The State Public Defender may issue any regulations and take any actions as may be necessary for proper implementation of this part. (Added by Stats. 1975, Ch. 1125.)
  64. 15420.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. )

    Verify source ↗

    The State Public Defender must represent eligible people in certain public-expense proceedings and must provide assistance and training to public defender offices and appointed counsel.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. ) ## 15420. The primary responsibilities of the State Public Defender are as follows: (a) To represent those persons who are entitled to representation at public expense in the proceedings listed in subdivisions (a) to (d), inclusive, of Section 15421. (b) To provide assistance and training to public defender offices established pursuant to Sections 27700 to 27712, inclusive, to counsel appointed pursuant to Sections 987 to 987.9, inclusive, of the Penal Code, and to counsel appointed pursuant to Sections 634, 634.3, and 634.6, inclusive, of the Welfare and Institutions Code, and to engage in related efforts for the purpose of improving the quality of indigent defense. (Amended by Stats. 2020, Ch. 29, Sec. 7. (SB 118) Effective August 6, 2020.)
  65. 15421.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. )

    Verify source ↗

    The State Public Defender may represent people who cannot afford counsel in specified appellate and related proceedings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. ) ## 15421. The State Public Defender is authorized to represent any person who is not financially able to employ counsel in the following matters: (a) An automatic appeal to the Supreme Court under Section 11 of Article VI of the California Constitution and subdivision (b) of Section 1239 of the Penal Code. (b) A petition for a writ of certiorari to the United States Supreme Court with respect to a judgment on the automatic appeal to the Supreme Court under Section 11 of Article VI of the California Constitution and subdivision (b) of Section 1239 of the Penal Code. (c) An appeal in a noncapital, criminal case as long as the State Public Defender is fulfilling the responsibilities to provide representation imposed pursuant to subdivisions (a) and (b), or the State Public Defender determines that taking a limited number of those cases is necessary for staff training. (d) Any other proceeding in which a person is entitled to representation at public expense where providing this representation is in furtherance of the State Public Defender’s primary responsibilities, as set forth in Section 15420, or to address legal claims that impact the resolution of death penalty cases. (Amended by Stats. 2020, Ch. 29, Sec. 8. (SB 118) Effective August 6, 2020.)
  66. 15421.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. )

    Verify source ↗

    The State Public Defender may administer and award grants to improve indigent defense services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. ) ## 15421.1. The State Public Defender is authorized to administer and award grants to improve indigent defense services. (Added by Stats. 2022, Ch. 615, Sec. 1. (SB 1117) Effective January 1, 2023.)
  67. 15422.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. )

    Verify source ↗

    The State Public Defender may represent certain people when a county public defender cannot or will not do so for conflict or other reasons, if the person cannot afford counsel and the case is a contempt or offense triable in superior court.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. ) ## 15422. Where a county public defender has refused, or is otherwise reasonably unable, to represent a person because of conflict of interest or other reason, the State Public Defender is authorized to represent that person, pursuant to a contract with the county which provides for reimbursement of costs, where the person is not financially able to employ counsel and is charged with the commission of any contempt or offense triable in the superior court at all stages of any proceedings relating to that charge, including restrictions on liberty resulting from that charge. The State Public Defender may decline to represent the person by filing a letter with the appropriate court citing Section 15420. (Amended by Stats. 2020, Ch. 29, Sec. 9. (SB 118) Effective August 6, 2020.)
  68. 15423.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. )

    Verify source ↗

    The State Public Defender may appear as a friend of the court and in legislative, administrative, or similar proceedings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. ) ## 15423. The State Public Defender is authorized to appear as a friend of the court and may appear in a legislative, administrative or other similar proceeding. (Added by Stats. 1975, Ch. 1125.)
  69. 15424.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. )

    Verify source ↗

    A person asking for appointed counsel must make a financial statement under oath, following Judicial Council rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. ) ## 15424. A person requesting the appointment of counsel shall make a financial statement under oath in the manner provided in rules adopted by the Judicial Council. (Added by Stats. 1975, Ch. 1125.)
  70. 15425.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. )

    Verify source ↗

    The State Public Defender’s duties under this chapter are not exclusive, and the office may do other acts consistent with those duties when carrying out its functions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. ) ## 15425. The duties prescribed for the State Public Defender by this chapter are not exclusive and they may perform any acts consistent with them in carrying out the functions of the office. (Amended by Stats. 2022, Ch. 197, Sec. 8. (SB 1493) Effective January 1, 2023.)
  71. 15426.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. )

    Verify source ↗

    Certain State Public Defender contracts for implementing Sections 15420 and 15421 are exempt from specified procurement laws and from Department of General Services review or approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7. STATE PUBLIC DEFENDER [15400 - 15426] ( Part 7 added by Stats. 1975, Ch. 1125. ) ## CHAPTER 2. Duties and Powers [15420 - 15426] ( Chapter 2 added by Stats. 1975, Ch. 1125. ) ## 15426. Contracts entered into or amended by the State Public Defender to implement Sections 15420 and 15421 shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5, Chapter 6.5 (commencing with Section 14835) of Part 5.5, Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. (Added by Stats. 2025, Ch. 111, Sec. 2. (SB 157) Effective September 17, 2025.)
  72. 15430.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    This section says the part is called the California Health Facilities Financing Authority Act and may be cited by that name.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15430. This part shall be known and may be cited as the California Health Facilities Financing Authority Act. (Amended by Stats. 1987, Ch. 1426, Sec. 1. Effective September 30, 1987.)
  73. 15431.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    The California Health Facilities Authority continues in state government as the California Health Facilities Financing Authority.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15431. The California Health Facilities Authority is continued in state government as the California Health Facilities Financing Authority. The authority constitutes a public instrumentality, and the exercise by the authority of the powers conferred by this part shall be deemed and held to be the performance of an essential public function. (Amended by Stats. 1985, Ch. 349, Sec. 3. Effective July 29, 1985.)
  74. 15432.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the Health Facilities Financing Authority Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15432. As used in this part, the following words and terms shall have the following meanings, unless the context clearly indicates or requires another or different meaning or intent: (a) “Act” means the California Health Facilities Financing Authority Act. (b) “Authority” means the California Health Facilities Financing Authority created by this part or any board, body, commission, department, or officer succeeding to the principal functions thereof or to which the powers conferred upon the authority by this part shall be given by law. (c) “Cost,” as applied to a project or portion of a project financed under this part, means and includes all or any part of the cost of construction and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to, during, and for a period not to exceed the later of one year or one year following completion of construction, as determined by the authority, the cost of insurance during construction, the cost of funding or financing noncapital expenses, reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements, the cost of engineering, service contracts, reasonable financial and legal services, plans, specifications, studies, surveys, estimates, administrative expenses, and other expenses of funding or financing, that are necessary or incident to determining the feasibility of constructing any project, or that are incident to the construction, acquisition, or financing of any project. (d) “Health facility” means a facility, place, or building that is licensed, accredited, or certified and organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, or physical, mental, or developmental disability, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, and includes, but is not limited to, all of the following types: (1) A general acute care hospital that is a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services. (2) An acute psychiatric hospital that is a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care for mentally disordered, incompetent, or other patients referred to in Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code, including the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services. (3) A skilled nursing facility that is a health facility that provides the following basic services: skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. (4) An intermediate care facility that is a health facility that provides the following basic services: inpatient care to ambulatory or semiambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability or continuous skilled nursing care. (5) A special health care facility that is a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical or dental staff that provides inpatient or outpatient, acute or nonacute care, including, but not limited to, medical, nursing, rehabilitation, dental, or maternity. (6) A clinic that is operated by a tax-exempt nonprofit corporation that is licensed pursuant to Section 1204 or 1204.1 of the Health and Safety Code or a clinic exempt from licensure pursuant to subdivision (b) or (c) of Section 1206 of the Health and Safety Code. (7) An adult day health center that is a facility, as defined under subdivision (b) of Section 1570.7 of the Health and Safety Code, that provides adult day health care, as defined under subdivision (a) of Section 1570.7 of the Health and Safety Code. (8) A facility owned or operated by a local jurisdiction for the provision of county health services. (9) A multilevel facility is an institutional arrangement where a residential care facility for the elderly is operated as a part of, or in conjunction with, an intermediate care facility, a skilled nursing facility, or a general acute care hospital. For purposes of this paragraph, “elderly” means a person 60 years of age or older. (10) A child daycare facility operated in conjunction with a health facility. A child daycare facility is a facility, as defined in Section 1596.750 of the Health and Safety Code. For purposes of this paragraph, “child” means a minor from birth to 18 years of age. (11) An intermediate care facility/developmentally disabled habilitative that is a health facility, as defined under subdivision (e) of Section 1250 of the Health and Safety Code. (12) An intermediate care facility/developmentally disabled-nursing that is a health facility, as defined under subdivision (h) of Section 1250 of the Health and Safety Code. (13) A community care facility that is a facility, as defined under subdivision (a) of Section 1502 of the Health and Safety Code, that provides care, habilitation, rehabilitation, or treatment services to developmentally disabled or mentally impaired persons. (14) A nonprofit community care facility, as defined in subdivision (a) of Section 1502 of the Health and Safety Code, other than a facility that, as defined in that subdivision, is a foster family agency, a foster family home, a full service adoption agency, or a noncustodial adoption agency. (15) A nonprofit accredited community work activity program, as specified in subdivision (e) of Section 4851 and Section 4856 of the Welfare and Institutions Code. (16) A community mental health center, as defined in paragraph (3) of subdivision (b) of Section 5667 of the Welfare and Institutions Code. (17) A nonprofit speech and hearing center, as defined in Section 1201.5 of the Health and Safety Code. (18) A blood bank, as defined in Section 1600.2 of the Health and Safety Code, licensed pursuant to Section 1602.5 of the Health and Safety Code, and exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. (19) A residential facility for persons with developmental disabilities, as defined in Sections 4688.5 and 4688.6 of the Welfare and Institutions Code, which includes, but is not limited to, a community care facility licensed pursuant to Section 1502 of the Health and Safety Code and a family teaching home as defined in Section 4689.1 of the Welfare and Institutions Code. (20) (A) A residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code. (B) This paragraph shall not be construed as affecting the licensing of health facilities under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, or any other provisions relating to health facilities, except as the term “health facility” is interpreted for purposes of the California Health Facilities Financing Authority Act under this part. The designation of a residential care facility for the elderly as a health facility, as made pursuant to this paragraph, shall apply to this part only. (21) A nonpublic school that provides educational services in conjunction with a health facility, as defined in paragraphs (1) to (20), inclusive, that otherwise qualifies for financing pursuant to this part, if the nonpublic school is certified pursuant to Sections 56366 and 56366.1 of the Education Code as meeting standards relating to the required special education and specified related services and facilities for individuals with physical, mental, or developmental disabilities. “Health facility” includes a clinic that is described in subdivision (l) of Section 1206 of the Health and Safety Code. “Health facility” includes information systems equipment and the following facilities, if the equipment and facility is operated in conjunction with or to support the services provided in one or more of the facilities specified in paragraphs (1) to (21), inclusive, of this subdivision: a laboratory, laundry, a nurses or interns residence, housing for staff or employees and their families or patients or relatives of patients, a physicians’ facility, an administration building, a research facility, a maintenance, storage, or utility facility, an information systems facility, all structures or facilities related to any of the foregoing facilities or required or useful for the operation of a health facility and the necessary and usual attendant and related facilities and equipment, and parking and supportive service facilities or structures required or useful for the orderly conduct of the health facility. “Health facility” does not include any institution, place, or building used or to be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship. (e) “Participating health institution” means a city, city and county, or county, a district hospital, or a private nonprofit corporation or association, or a limited liability company whose sole member is a nonprofit corporation or association authorized by the laws of this state to provide or operate a health facility or a nonprofit corporation that controls or manages, is controlled or managed by, is under common control or management with, or is affiliated with any of the foregoing, and that, pursuant to this part, undertakes the financing or refinancing of the construction or acquisition of a project or of working capital as provided in this part. “Participating health institution” also includes, for purposes of the California Health Facilities Revenue Bonds (UCSF-Stanford Health Care) 1998 Series A, the Regents of the University of California. (f) “Project” means construction, expansion, remodeling, renovation, furnishing, or equipping, or funding, financing, or refinancing of a health facility or acquisition of a health facility to be financed or refinanced with funds provided in whole or in part pursuant to this part. “Project” may include reimbursement for the costs of construction, expansion, remodeling, renovation, furnishing, or equipping, or funding, financing, or refinancing of a health facility or acquisition of a health facility. “Project” may include any combination of one or more of the foregoing undertaken jointly by any participating health institution with one or more other participating health institutions. (g) “Revenue bond” or “bond” means a bond, warrant, note, lease, or installment sale obligation that is evidenced by a certificate of participation or other evidence of indebtedness issued by the authority. (h) “Working capital” means moneys to be used by, or on behalf of, a participating health institution to pay or prepay maintenance or operation expenses or any other costs that would be treated as an expense item, under generally accepted accounting principles, in connection with the ownership or operation of a health facility, including, but not limited to, reserves for maintenance or operation expenses, interest on any loan for working capital made pursuant to this part, and reserves for debt service with respect to, and any costs necessary or incidental to, that financing. (Amended by Stats. 2025, Ch. 377, Sec. 2. (AB 627) Effective January 1, 2026.)
  75. 15433.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    The authority must be made up of nine members, with specified ex officio members and appointed members. Appointed members serve four-year terms, may be reappointed, serve until successors are qualified, and may be reimbursed for necessary expenses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15433. The authority shall consist of nine members, including the State Treasurer, who shall serve as chairman, the State Controller, the Director of Finance, two members appointed by the Senate Rules Committee, two members appointed by the Speaker of the Assembly, and two members appointed by the Governor subject to confirmation by a majority vote of the Senate. Of the members appointed by the Senate Rules Committee, one member shall be a licensed physician and surgeon, and one shall serve or have served in an executive capacity to a health facility. Of the members appointed by the Speaker of the Assembly, one member shall be a person qualified by training and experience in the field of investment or finance, and one member shall be representative of the general public. The members appointed by the Governor shall be representative of the general public. The terms of appointed members shall be four years, expiring on March 31. Each member shall hold office for the term of his or her appointment and shall continue to serve until a successor shall have been appointed and qualified. Any vacancy among the members shall be filled by appointment for the unexpired term only. A member of the authority shall be eligible for reappointment. Members of the authority shall serve without compensation, but the authority may reimburse its members for necessary expenses incurred in the discharge of their duties. The Director of Finance may designate a deputy or other official in the Department of Finance to act for him or her and represent him or her at all meetings of the authority. (Amended by Stats. 2008, Ch. 211, Sec. 6. Effective January 1, 2009.)
  76. 15434.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    The chairperson of the authority must appoint an executive director. The executive director cannot be a member of the authority, serves at the authority’s pleasure, and the authority fixes the director’s compensation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15434. The chairperson of the authority on its behalf shall appoint an executive director, who shall not be a member of the authority and who shall serve at the pleasure of the authority. The executive director shall receive compensation that shall be fixed by the authority. (Amended by Stats. 2002, Ch. 478, Sec. 2. Effective January 1, 2003.)
  77. 15435.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    The executive director or a person designated by the authority must keep the authority’s records and official seal, and may make certified copies of those records.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15435. The executive director or other person designated by resolution of the authority shall keep a record of the proceedings of the authority and shall be custodian of all books, documents and papers filed with the authority, the minute book or journal of the authority, and its official seal. The executive director or other person may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates. (Added by Stats. 1979, Ch. 1033.)
  78. 15436.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    The authority needs five members for a quorum, most actions require a majority of that quorum, meetings must be public and follow the Bagley-Keene Open Meeting Act, and the authority may delegate powers and duties by resolution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15436. Five members of the authority shall constitute a quorum. The affirmative vote of a majority of a quorum shall be necessary for any action taken by the authority. A vacancy in the membership of the authority shall not impair the right of a quorum to exercise all the rights and perform all the duties of the authority. Each meeting of the authority shall be open to the public and shall be held in accordance with the provisions of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1). Resolutions of the authority need not be published or posted. The authority may delegate by resolution to one or more of its members or its executive director such powers and duties as it may deem proper. The authority may delegate to the executive director or any other official or employee of the authority any powers and duties it may deem proper, including, but not limited to, the power to enter contracts on behalf of the authority. (Amended by Stats. 2008, Ch. 211, Sec. 7. Effective January 1, 2009.)
  79. 15437.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    The authority administers this part and must set financial eligibility standards for projects and working capital loans using specified credit and revenue factors.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15437. (a) The provisions of this part shall be administered by the authority, which shall have and is hereby vested with all powers reasonably necessary to carry out the powers and responsibilities expressly granted or imposed under this part. (b) The authority shall establish financial eligibility standards by studying the creditworthiness and earning capacity of each project, together with the amount of pledged revenues, debt service coverage, and basic security. (c) The authority shall establish financial eligibility standards for working capital loans by studying the creditworthiness of a participating health institution, together with the amount of pledged revenues, debt service coverage, and basic security. A participating health institution that is determined by the authority to be in financial distress shall not be deemed financially eligible. (Amended by Stats. 2025, Ch. 377, Sec. 3. (AB 627) Effective January 1, 2026.)
  80. 15438.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    The authority is given a long list of powers, including adopting bylaws and a seal, suing and being sued, making loans and grants, leasing and managing projects, investing funds, and providing a limited working capital loan to the California Health Benefit Exchange.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15438. The authority may do any of the following: (a) Adopt bylaws for the regulation of its affairs and the conduct of its business. (b) Adopt an official seal. (c) Sue and be sued in its own name. (d) Receive and accept from any agency of the United States, any agency of the state, or any municipality, county, or other political subdivision thereof, or from any individual, association, or corporation gifts, grants, or donations of moneys for achieving any of the purposes of this chapter. (e) Engage the services of private consultants to render professional and technical assistance and advice in carrying out the purposes of this part. (f) Determine the location and character of any project to be financed under this part, and to acquire, construct, enlarge, remodel, renovate, alter, improve, furnish, equip, fund, finance, own, maintain, manage, repair, operate, lease as lessee or lessor, and regulate the same, to enter into contracts for any or all of those purposes, to enter into contracts for the management and operation of a project or other health facilities owned by the authority, and to designate a participating health institution as its agent to determine the location and character of a project undertaken by that participating health institution under this chapter and as the agent of the authority, to acquire, construct, enlarge, remodel, renovate, alter, improve, furnish, equip, own, maintain, manage, repair, operate, lease as lessee or lessor, and regulate the same, and as the agent of the authority, to enter into contracts for any or all of those purposes, including contracts for the management and operation of that project or other health facilities owned by the authority. (g) Acquire, directly or by and through a participating health institution as its agent, by purchase solely from funds provided under the authority of this part, or by gift or devise, and to sell, by installment sale or otherwise, any lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and other interests in lands, including lands lying under water and riparian rights, that are located within the state that the authority determines necessary or convenient for the acquisition, construction, or financing of a health facility or the acquisition, construction, financing, or operation of a project, upon the terms and at the prices considered by the authority to be reasonable and that can be agreed upon between the authority and the owner thereof, and to take title thereto in the name of the authority or in the name of a participating health institution as its agent. (h) Receive and accept from any source loans, contributions, or grants for, or in aid of, the construction, financing, or refinancing of a project or any portion of a project in money, property, labor, or other things of value. (i) Make secured or unsecured loans to, or purchase secured or unsecured loans of, any participating health institution in connection with the financing of a project or working capital in accordance with an agreement between the authority and the participating health institution. However, no loan to finance a project shall exceed the total cost of the project, as determined by the participating health institution and approved by the authority. Funds for secured loans may be provided from the California Health Facilities Financing Authority Fund pursuant to subdivision (b) of Section 15439 to small or rural health facilities pursuant to authority guidelines. (j) (1) Make secured or unsecured loans to, or purchase secured or unsecured loans of, any participating health institution in accordance with an agreement between the authority and the participating health institution to refinance indebtedness incurred by that participating health institution or a participating health institution that controls or manages, is controlled or managed by, is under common control or management with, or is affiliated with that participating health institution, in connection with projects undertaken or for health facilities acquired or for working capital. (2) Make secured or unsecured loans to, or purchase secured or unsecured loans of, any participating health institution in accordance with an agreement between the authority and the participating health institution to refinance indebtedness incurred by that participating health institution or a participating health institution that controls or manages, is controlled or managed by, is under common control or management with, or is affiliated with that participating health institution, payable to the authority or assigned or pledged to authority issued bonds. (3) Funds for secured loans may be provided from the California Health Facilities Financing Authority Fund pursuant to subdivision (b) of Section 15439 to small or rural health facilities pursuant to authority guidelines. (k) Mortgage all or any portion of interest of the authority in a project or other health facilities and the property on which that project or other health facilities are located, whether owned or thereafter acquired, including the granting of a security interest in any property, tangible or intangible, and to assign or pledge all or any portion of the interests of the authority in mortgages, deeds of trust, indentures of mortgage or trust, or similar instruments, notes, and security interests in property, tangible or intangible, of participating health institutions to which the authority has made loans, and the revenues therefrom, including payments or income from any thereof owned or held by the authority, for the benefit of the holders of bonds issued to finance the project or health facilities or issued to refund or refinance outstanding indebtedness of participating health institutions as permitted by this part. (l) Lease to a participating health institution the project being financed or other health facilities conveyed to the authority in connection with that financing, upon the terms and conditions the authority determines proper, charge and collect rents therefor, terminate the lease upon the failure of the lessee to comply with any of the obligations of the lease, and include in that lease, if desired, provisions granting the lessee options to renew the term of the lease for the period or periods and at the rent, as determined by the authority, purchase any or all of the health facilities or that upon payment of all of the indebtedness incurred by the authority for the financing of that project or health facilities or for refunding outstanding indebtedness of a participating health institution, then the authority may convey any or all of the project or the other health facilities to the lessee or lessees thereof with or without consideration. (m) Charge and equitably apportion among participating health institutions, the administrative costs and expenses incurred by the authority in the exercise of the powers and duties conferred by this part. (n) Obtain, or aid in obtaining, from any department or agency of the United States or of the state, any private company, or any insurance or guarantee as to, of, or for the payment or repayment of, interest or principal, or both, or any part thereof, on any loan, lease, or obligation, or any instrument evidencing or securing the loan, lease, or obligation, made or entered into pursuant to this part; and notwithstanding any other provisions of this part, to enter into any agreement, contract, or any other instrument whatsoever with respect to that insurance or guarantee, to accept payment in the manner and form as provided therein in the event of default by a participating health institution, and to assign that insurance or guarantee as security for the authority’s bonds. (o) Enter into any and all agreements or contracts, including agreements for liquidity or credit enhancement, bond exchange agreements, interest rate swaps or hedges, execute any and all instruments, and do and perform any and all acts or things necessary, convenient, or desirable for the purposes of the authority or to carry out any power expressly granted by this part. (p) Invest any moneys held in reserve or sinking funds or any moneys not required for immediate use or disbursement, at the discretion of the authority, in any obligations authorized by the resolution authorizing the issuance of the bonds secured thereof or authorized by law for the investment of trust funds in the custody of the Treasurer. (q) Award grants to any eligible clinic pursuant to Section 15438.6. (r) Award grants to any eligible health facility pursuant to Section 15438.7. (s) (1) Notwithstanding any other provision of law, provide a working capital loan of up to five million dollars ($5,000,000) to assist in the establishment and operation of the California Health Benefit Exchange (Exchange) established under Section 100500. The authority may require any information it deems necessary and prudent prior to providing a loan to the Exchange and may require any term, condition, security, or repayment provision it deems necessary in the event the authority chooses to provide a loan. Under no circumstances shall the authority be required to provide a loan to the Exchange. (2) Prior to the authority providing a loan to the Exchange, a majority of the board of the Exchange shall be appointed and shall demonstrate, to the satisfaction of the authority, that the federal planning and establishment grants made available to the Exchange by the United States Secretary of Health and Human Services are insufficient or will not be released in a timely manner to allow the Exchange to meet the necessary requirements of the federal Patient Protection and Affordable Care Act (Public Law 111-148). (3) The Exchange shall repay a loan made under this subdivision no later than June 30, 2016, and shall pay interest at the rate paid on moneys in the Pooled Money Investment Account. (t) Award grants pursuant to Section 15438.10. (Amended by Stats. 2012, Ch. 23, Sec. 4. (AB 1467) Effective June 27, 2012.)
  81. 15438.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    This section lets the authority award grants for health care demonstration projects, with caps and conditions, and requires reports and compliance by grant recipients.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15438.10. (a) The Legislature finds and declares the following: (1) Many Californians face serious obstacles in obtaining needed health care services, including, but not limited to, medical, mental health, dental, and preventive services. The obstacles faced by vulnerable populations and communities include existence of complex medical, physical, or social conditions, disabilities, economic disadvantage, and living in remote or underserved areas that make it difficult to access services. (2) With the recent passage of national health care reform, there is an increased demand for innovative ways to deliver quality health care, including preventive services, to individuals in a cost-effective manner. (3) There is a need to develop new methods of delivering health services utilizing innovative models that can be demonstrated to be effective and then replicated throughout California and that bring community-based health care preventive services to individuals where they live or receive education, social, or general health services. (4) For more than 30 years, the California Health Facilities Financing Authority has provided financial assistance through tax-exempt bonds, low-interest loans, and grants to health facilities in California, assisting in the expansion of the availability of health services and health care facilities throughout the state. (b) (1) Following the completion of a competitive selection process, the authority may award one or more grants that, in the aggregate, do not exceed one million five hundred thousand dollars ($1,500,000) to one or more projects designed to demonstrate specified new or enhanced cost-effective methods of delivering quality health care services to improve access to quality health care for vulnerable populations or communities, or both, that are effective at enhancing health outcomes and improving access to quality health care and preventive services. These health care services may include, but are not limited to, medical, mental health, or dental services for the diagnosis, care, prevention, and treatment of human illness, or individuals with physical, mental, or developmental disabilities. More than one demonstration project may receive a grant pursuant to this section. It is the intent of the Legislature for a demonstration project that receives a grant to allow patients to receive screenings, diagnosis, or treatment in community settings, including, but not limited to, school-based health centers, adult day care centers, and residential care facilities for the elderly, or for individuals with mental illness or developmental disabilities. (2) A grant awarded pursuant to this subdivision may be allocated in increments to a demonstration project over multiple years to ensure the demonstration project’s ability to complete its work, as determined by the authority. Prior to the initial allocation of funds pursuant to this subdivision, the administrators of the demonstration project shall provide evidence that the demonstration project has or will have additional funds sufficient to ensure completion of the demonstration project. If the authority allocates a grant in increments, each subsequent year’s allocation shall be provided to the demonstration project only upon submission of research that shows that the project is progressing toward the identification of a high-quality and cost-effective delivery model that improves health outcomes and access to quality health care and preventive services for vulnerable populations or communities, and can be replicated throughout the state in community settings. (3) Except for a health facility that qualifies as a “small and rural hospital” pursuant to Section 124840 of the Health and Safety Code, a health facility that has received tax-exempt bond financing from the authority shall not be eligible to receive funds awarded for a demonstration project. Such a health facility may participate as an uncompensated partner or member of a collaborative effort that is awarded a demonstration project grant. A health facility that participates in a demonstration project that receives funds pursuant to this section may not claim the funding provided by the authority toward meeting its community benefit and charity care obligations. (4) Funds provided to a demonstration project pursuant to this subdivision may be used to supplement, but not to supplant, existing financial and resource commitments of the grantee or grantees or any other member of a collaborative effort that has been awarded a demonstration project grant. (c) (1) If a demonstration project that receives a grant pursuant to subdivision (b) is successful at developing a new method of delivering high-quality and cost-effective health care services in community settings that result in increased access to quality health care and preventive services or improved health care outcomes for vulnerable populations or communities, or both, then beginning as early as the second year after the initial allocation of moneys provided pursuant to subdivision (b), the authority may implement a second grant program that awards not more than five million dollars ($5,000,000), in the aggregate, to eligible recipients as defined by the authority, to replicate in additional California communities the model developed by a demonstration project that received a grant pursuant to subdivision (b). Prior to the implementation of this second grant program, the authority shall prepare and provide a report to the Legislature and the Governor on the outcomes of the demonstration project. The report shall be made in accordance with Section 9795. (2) If the authority implements the second grant program, the authority shall also report annually, beginning with the first year of implementation of the second grant program, to the Legislature and the Governor regarding the program, including, but not limited to, the total amount of grants issued pursuant to this subdivision, the amount of each grant issued, and a description of each project awarded funding for replication of the model. (3) Grants under this subdivision may be utilized for eligible costs, as defined in subdivision (c) of Section 15432, including equipment, information technology, and working capital, as defined in subdivision (h) of Section 15432. (4) The authority may adopt regulations relating to the grant program authorized pursuant to this subdivision, including regulations that define eligible recipients, eligible costs, and minimum and maximum grant amounts. (d) (1) The authority shall prepare and provide a report to the Legislature and the Governor by January 1, 2014, on the outcomes of the demonstration grant program, including, but not limited to, the following: (A) The total amount of grants issued. (B) The amount of each grant issued. (C) A description of other sources of funding for each project. (D) A description of each project awarded funding. (E) A description of project outcomes that demonstrate cost-effective delivery of health care services in community settings, that result in improved access to quality health care or improved health care outcomes. (2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. (e) There is hereby created the California Health Access Model Program Account in the California Health Facilities Financing Authority Fund. All moneys in the account are hereby continuously appropriated to the authority for carrying out the purposes of this section. An amount of up to six million five hundred thousand dollars ($6,500,000) shall be transferred from funds in the California Health Facilities Financing Authority Fund that are not impressed with a trust for other purposes into the California Health Access Model Program Account for the purpose of issuing grants pursuant to this section. Any moneys remaining in the California Health Access Model Program Account on January 1, 2020, shall revert as of that date to the California Health Facilities Financing Authority Fund. (f) Any recipient of a grant provided pursuant to subdivision (b) shall adhere to all applicable laws relating to scope of practice, licensure, staffing, and building codes. (Added by Stats. 2012, Ch. 23, Sec. 5. (AB 1467) Effective June 27, 2012.)
  82. 15438.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    If capital outlay funds are granted for property leased for a child day care facility, the lease term must be at least as long as the loan term. Child day care facilities must also be insurable under the California Health Facility Construction Loan Insurance Law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15438.2. (a) When capital outlay funds are granted on property which is leased for a child day care facility, the term of the lease shall be as long as, or greater than, the term of the loan. (b) Child day care facilities shall be insurable under the California Health Facility Construction Loan Insurance Law. (Added by Stats. 1985, Ch. 829, Sec. 2. Effective September 19, 1985.)
  83. 15438.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    This section says the financing authority is meant to provide financing only to participating health institutions that can show financial feasibility, with special consideration available in some cases when the institution also shows significant community service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15438.5. (a) It is the intent of the Legislature in enacting this part to provide financing only, and, except as provided in subdivisions (b), (c), and (d), only to participating health institutions that can demonstrate the financial feasibility of their projects. It is further the intent of the Legislature that all or part of any savings experienced by a participating health institution, as a result of that tax-exempt revenue bond funding, be passed on to the consuming public through lower charges or containment of the rate of increase in hospital rates. It is not the intent of the Legislature in enacting this part to encourage unneeded health facility construction. Further, it is not the intent of the Legislature to authorize the authority to control or participate in the operation of hospitals, except where default occurs under the terms of an agreement with the authority. (b) When determining the financial feasibility of projects, the authority shall consider the more favorable interest rates reasonably anticipated through the issuance of revenue bonds under this part. It is the intent of the Legislature that the authority attempt in whatever ways possible to assist participating health institutions to finance projects that will meet the financial feasibility standards developed under this part. (c) If a participating health institution seeking financing for a project pursuant to this part does not meet the guidelines established by the authority with respect to bond rating, the authority may nonetheless give special consideration, on a case-by-case basis, to financing the project if the participating health institution demonstrates to the satisfaction of the authority the financial feasibility of the project, and the performance of significant community service. For the purposes of this part, a participating health institution that performs a significant community service is one that contracts with Medi-Cal or that can demonstrate, with the burden of proof being on the participating health institution, that it has fulfilled at least two of the following criteria: (1) On or before January 1, 1991, has established, and agrees to maintain, a 24-hour basic emergency medical service open to the public with a physician and surgeon on duty, or is a children’s hospital as defined in Section 14087.21 of the Welfare and Institutions Code, that jointly provides basic or comprehensive emergency services in conjunction with another licensed hospital. This criterion shall not be utilized in a circumstance where a small and rural hospital, as defined in Section 442.2 of the Health and Safety Code, has not established a 24-hour basic emergency medical service with a physician and surgeon on duty or will operate a designated trauma center on a continuing basis during the life of the revenue bonds issued by the authority. (2) Has adopted, and agrees to maintain on a continuing basis during the life of the revenue bonds issued by the authority, a policy, approved and recorded by the facility’s board of directors, of treating all patients without regard to ability to pay, including, but not limited to, emergency room walk-in patients. (3) Has provided and agrees to provide care, on a continuing basis during the life of the revenue bonds issued by the authority, to Medi-Cal and uninsured patients in an amount not less than 5 percent of the facility’s adjusted inpatient days as reported on an annual basis to the Office of Statewide Health Planning and Development. (4) Has budgeted at least 5 percent of its net operating income to meeting the medical needs of uninsured patients and to providing other services, including, but not limited to, community education, primary care outreach in ambulatory settings, and unmet nonmedical needs, such as food, shelter, clothing, or transportation for vulnerable populations in the community, and agrees to continue that policy during the life of the revenue bonds issued by the authority. (d) Enforcement of the conditions under which the authority issues bonds pursuant to this section shall be governed by the enforcement conditions under Section 15459.4. (Amended by Stats. 2011, Ch. 330, Sec. 3. (AB 1394) Effective January 1, 2012.)
  84. 15438.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    This section lets the authority award grants to eligible clinics for capital outlay projects, but it sets conditions, a $250,000 cap per clinic facility, and requires project completion and certification.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15438.6. (a) This section shall be known, and may be cited, as the Cedillo-Alarcon Community Clinic Investment Act of 2000. (b) The Legislature finds and declares all of the following: (1) Primary care clinics require capital improvements in order to continuously perform their vital role. Many primary care clinics are currently at capacity and in order to increase access to their services and allow them to expand to cover the growing need for health care for the vulnerable populations in California, these capital funds are necessary. (2) Primary care clinics are the health care safety net for the most vulnerable populations in California: uninsured, underinsured, indigent, and those in shortage designation areas. Primary care clinics provide health care regardless of the ability to pay for services. (3) Approximately 6.6 million Californians lack health insurance, a number that increases by 50,000 per month. (4) Primary care clinics have been historically and woefully underfunded. (5) Primary care clinics are the most cost-effective means of serving California’s vulnerable populations. (6) The failure to adequately fund primary care clinics has resulted in significant costs to the state in the form of unnecessary emergency room visits. Also, the lack of preventive care results in significant costs when patients become severely ill. (c) The authority may award grants to any eligible clinic, as defined in subdivision (a) of Section 1204 and subdivision (c) of Section 1206 of the Health and Safety Code, for purposes of financing capital outlay projects, as defined in subdivision (f) of Section 15432. (d) The authority, in consultation with representatives of primary care clinics and other appropriate parties, shall develop selection criteria and a process for awarding grants under this section. The authority may take into account at least the following factors when selecting recipients and determining amount of grants: (1) The percentage of total expenditures attributable to uncompensated care provided by an applicant. (2) The extent to which the grant will contribute toward expansion of health care access by indigent, underserved, and uninsured populations. (3) The need for the grant based on an applicant’s total net assets, relative to net assets of other applicants. For purposes of this section, “total net assets” means the amount of total assets minus total liabilities, as disclosed in an audited financial statement prepared according to United States Generally Accepted Accounting Principles, and shall include unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. (4) The geographic location of the applicant, in order to maximize broad geographic distribution of funding. (5) Demonstration by the applicant of project readiness and feasibility to the authority’s satisfaction. (6) The total amount of funds appropriated and available for purposes of this section. (e) No grant to any clinic facility shall exceed two hundred fifty thousand dollars ($250,000). (f) In no event shall a grant to finance a project exceed the total cost of the project, as determined by the clinic and approved by the authority. Grants shall be awarded only to clinics that have certified to the authority that all requirements established by the authority for grantees have been met. (g) All projects that are awarded grants shall be completed within a reasonable period of time, to be determined by the authority. No funds shall be released by the authority until the applicant demonstrates project readiness to the authority’s satisfaction. If the authority determines that the clinic has failed to complete the project under the terms specified in awarding the grant, the authority may require remedies, including the return of all or a portion of the grant. Certification of project completion shall be submitted to the authority by any clinic receiving a grant under this section. (h) Any clinic receiving a grant under this section shall commit to using the health facility for the purposes for which the grant was awarded for the duration of the expected life of the project. (i) It is the intent of the Legislature that the California Health Facilities Financing Authority be reimbursed for the costs of the administration of the implementation of this section from funds appropriated for the purposes of this section. (Amended by Stats. 2012, Ch. 728, Sec. 68. (SB 71) Effective January 1, 2013.)
  85. 15438.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    The authority may award grants to eligible health facilities for project financing, but it must set selection criteria, consider listed factors, and apply funding and completion conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15438.7. (a) The Legislature finds and declares all of the following: (1) There are small health care facilities throughout the state that are in critical need of capital improvements to continue to provide quality health care services. (2) Some of these facilities currently lack the ability to take on debt and have little access to capital. (3) This lack of access to capital threatens the quality and accessibility of the services provided by health care facilities and hampers their ability to gain the financial strength to better access the capital markets. (4) The state’s health care system is reliant upon those health care facilities that treat low-income, uninsured, or vulnerable populations, such as the developmentally disabled, the elderly, the mentally ill, emotionally disturbed children, and the chemically dependent. (5) The grant program provided in this section is in the public interest, serves a public purpose, and will promote the health, welfare, and safety of the citizens of the state. (b) The authority may award grants to any eligible health facility, as defined in subdivision (d) of Section 15432 for purposes of financing projects, as defined in subdivision (f) of Section 15432. (c) The authority shall develop selection criteria and a process for awarding grants under this section. When developing the selection criteria for the awarding of grants under this section, the authority shall take into consideration all of the following factors: (1) The need for the grant based on the applicant’s total net assets. (2) Whether the grant will leverage additional dollars to complete the project. (3) The importance and level of services to vulnerable populations that will be generated. (4) The level of access to capital by the applicant. (5) Demonstration by the applicant of project readiness and feasibility. (6) Total dollars available for purposes of this section. (d) It is the intent of the Legislature to assist those small health facilities that have demonstrated superior management but little to no access to capital and whose services are threatened by a critical need for capital improvements. (e) In no event shall a grant to finance a project exceed the total cost of the project, as determined by the health facility and approved by the authority. Grants shall be awarded only to facilities that have certified to the authority that all requirements established by the authority for grantees have been met. (f) All projects that are awarded grants shall be completed within a reasonable period of time, to be determined by the authority. No funds shall be released by the authority until the applicant demonstrates project readiness to the authority’s satisfaction. If the authority determines that the health facility has failed to complete the project under the terms specified in awarding the grant, the authority may require remedies, including the return of all or a portion of the grant. Certification of project completion shall be submitted to the authority by any health facility receiving a grant under this section. (g) Subject to subdivision (h), grants to be awarded under this section shall be financed by funds from the California Health Facilities Authority Fund. (h) Grants shall only be available pursuant to this section if the authority determines that it has sufficient moneys available in the California Health Facilities Authority Fund. Nothing in this section shall require the authority to award grants if the authority determines that it has insufficient moneys available in the California Health Facilities Authority Fund to award grants. (i) The authority may annually determine the amount available for purposes of this section. (Added by Stats. 2002, Ch. 478, Sec. 6. Effective January 1, 2003.)
  86. 15439.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    This section keeps the authority’s fund in existence, puts its money under the authority’s control, and limits how that money may be used.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15439. (a) The California Health Facilities Authority Fund is continued in existence in the State Treasury as the California Health Facilities Financing Authority Fund. All money in the fund is hereby continuously appropriated to the authority for carrying out the purposes of this division. The authority may pledge any or all of the moneys in the fund as security for payment of the principal of, and interest on, any particular issuance of bonds issued pursuant to this part, or any particular secured or unsecured loan made pursuant to subdivision (i), (j), or (s) of Section 15438, or for a grant awarded pursuant to subdivision (b) of Section 15438.7, and, for that purpose or as necessary or convenient to the accomplishment of any other purpose of the authority, may divide the fund into separate accounts. All moneys accruing to the authority pursuant to this part from whatever source shall be deposited in the fund. (b) Subject to the priorities that may be created by the pledge of particular moneys in the fund to secure any issuance of bonds of the authority, and subject further to the cost of loans provided by the authority pursuant to subdivisions (i), (j), or (s) of Section 15438 and to the cost of grants provided by the authority pursuant to Section 15438.7, and subject further to any reasonable costs which may be incurred by the authority in administering the program authorized by this division, all moneys in the fund derived from any source shall be held in trust for the security and payment of bonds of the authority and shall not be used or pledged for any other purpose so long as the bonds are outstanding and unpaid. However, nothing in this section shall limit the power of the authority to make loans with the proceeds of bonds in accordance with the terms of the resolution authorizing the same or pledging or granting a security interest to the provider of credit support as specified in the documents pursuant to which authority revenue bonds are issued. (c) Pursuant to any agreements with the holders of particular bonds pledging any particular assets, revenues, or moneys, the authority may create separate accounts in the fund to manage assets, revenues, or moneys in the manner set forth in the agreements. (d) The authority may, from time to time, direct the Treasurer to invest moneys in the fund that are not required for its current needs, including proceeds from the sale of any bonds, in the eligible securities specified in Section 16430 as the agency shall designate. The authority may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices in this state. The authority may alternatively require the transfer of moneys in the fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4. All interest or other increment resulting from an investment or deposit shall be deposited in the fund, notwithstanding Section 16305.7. Moneys in the fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4, excepting the Surplus Money Investment Fund. (e) All moneys accruing to the authority from whatever source shall be deposited in the fund. (Amended by Stats. 2011, Ch. 330, Sec. 4. (AB 1394) Effective January 1, 2012.)
  87. 15440.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    The authority must pay its expenses only from funds provided under this part, and it cannot incur liability beyond the amount of money provided under this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15440. All expenses of the authority incurred in carrying out the provisions of this part shall be payable solely from funds provided pursuant to this part, and no liability shall be incurred by the authority beyond the extent to which moneys shall have been provided under this part. (Amended by Stats. 2000, Ch. 517, Sec. 6. Effective January 1, 2001.)
  88. 15441.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    The authority may issue and manage revenue bonds, including temporary bonds, and the Treasurer may sell them; a bond discount generally cannot exceed 6 percent.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15441. (a) The authority is authorized, from time to time, to issue its revenue bonds in order to provide funds for achieving any of its purposes under this part. (b) Except as may otherwise be expressly provided by the authority, each of its revenue bonds shall be payable from any revenues or moneys of the authority available therefor and not otherwise pledged, subject only to any agreements with the holders of particular bonds or notes pledging any particular revenues or moneys. Negotiable bonds shall be and be deemed to be for all purposes negotiable instruments, notwithstanding that these bonds may be payable from a special fund, subject only to the provisions of these bonds for registration. (c) The authority’s revenue bonds may be issued as serial bonds or as term bonds, or the authority, in its discretion, may issue bonds of both types. The issuance of all revenue bonds shall be authorized by resolution of the authority and shall bear such date or dates, mature at such time or times, not exceeding 40 years from their respective dates, bear interest at such rate or rates, be payable at such time or times, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America at such place or places, and be subject to such terms of redemption, as the indenture, trust agreement, or resolution relating to these revenue bonds may provide. The authority’s revenue bonds or notes may be sold by the Treasurer at public or private sale, after giving due consideration to the recommendation of the participating health institution, for the price or prices and upon the terms and conditions as the authority shall determine. The Treasurer may sell these revenue bonds at a price below the par value thereof. However, the discount on any bonds so sold shall not exceed 6 percent of the par value thereof, except in the case of any bonds payable in whole or in part from moneys held under one or more outstanding resolutions or indentures. Pending preparation of the definitive bonds, the authority may issue interim receipts or certificates or temporary bonds which shall be exchanged for such definitive bonds. (d) A resolution or resolutions authorizing the issuance of any revenue bonds or any issue of revenue bonds may contain provisions, which shall be a part of the contract with the holders of the bonds to be authorized, as to pledging all or any part of the revenues of a project or any revenue-producing contract or contracts made by the authority with an individual, partnership, corporation or association or other body, public or private, to secure the payment of the bonds or of a particular issue of bonds. (e) Neither the members of the authority nor any person executing the revenue bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof. (f) The authority may purchase its bonds with any moneys available to the authority for this purpose. The authority may exchange bonds for its bonds. The authority may hold, pledge, exchange, cancel, or resell these bonds, subject to and in accordance with its agreements with bondholders. (Amended by Stats. 2014, Ch. 261, Sec. 2. (SB 1463) Effective January 1, 2015.)
  89. 15442.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    The authority may use trust agreements or indentures to secure revenue bonds and may include related bondholder protection provisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15442. In the discretion of the authority, any revenue bonds issued under the provisions of this part may be secured by a trust agreement or indenture by and between the authority and a corporate trustee or trustees, which may be the Treasurer or any trust company or bank having the powers of a trust company within or without the state. The trust agreement, indenture, or the resolution providing for the issuance of these bonds may pledge or assign the revenues to be received from a participating health institution. The indenture, trust agreement, or resolution providing for the issuance of these bonds may contain provisions for protecting and enforcing the rights and remedies of the bondholders and any provider of credit or liquidity support for these bonds as may be reasonable and proper and not in violation of law, including particularly those provisions as have hereinabove been specifically authorized to be included in any resolution or resolutions of the authority authorizing bonds thereof. Any trust agreement or indenture may set forth the rights and remedies of the bondholders, any provider of credit or liquidity support for these bonds, and of the trustee or trustees, and may restrict the individual right of action of bondholders. In addition to the foregoing, any indenture, trust agreement, or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. (Amended by Stats. 2011, Ch. 330, Sec. 6. (AB 1394) Effective January 1, 2012.)
  90. 15442.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    The authority may put into a bond any provision it could include in a trust agreement, indenture, or resolution under this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15442.1. Any provision that the authority may include in a trust agreement, indenture, or resolution pursuant to this part may alternatively be included in a bond with the same effect. (Added by Stats. 2014, Ch. 261, Sec. 3. (SB 1463) Effective January 1, 2015.)
  91. 15443.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    Revenue bonds issued under this part are not state debt, and the state and political subdivisions are not generally obligated to pay them except from authority revenues.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15443. Revenue bonds issued under the provisions of this part shall not be deemed to constitute a debt or liability of the state or of a political subdivision thereof or a pledge of the faith and credit of the state or of that political subdivision, other than the authority, but shall be payable solely from the funds herein provided. These bonds shall contain a statement to the effect that neither the State of California nor the authority shall be obligated to pay the principal of, or the interest thereon, except from revenues of the authority, and that neither the faith and credit nor the taxing power of the State of California or of a political subdivision thereof is pledged to the payment of the principal of or the interest on these bonds. The issuance of revenue bonds under the provisions of this part shall not directly or indirectly or contingently obligate the state or a political subdivision thereof to levy or to pledge a form of taxation whatever therefor or to make an appropriation for their payment. (Amended by Stats. 2014, Ch. 261, Sec. 4. (SB 1463) Effective January 1, 2015.)
  92. 15444.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    Bondholders, coupon holders, and trustees may use legal proceedings to enforce their rights and compel performance of required duties, unless those rights are restricted by the bond resolution or trust documents.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15444. Any holder of revenue bonds issued under the provisions of this part or any of the coupons appertaining thereto, and the trustee or trustees under any indenture or trust agreement, except to the extent the rights herein given may be restricted by any resolution authorizing the issuance of, or any such indenture or trust agreement securing, such bonds, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the state or granted hereunder or under such resolution or indenture or trust agreement, and may enforce and compel the performance of all duties required by this part or by such resolution, indenture, or trust agreement to be performed by the authority or by any officer, employee or agent thereof. (Added by Stats. 1979, Ch. 1033.)
  93. 15445.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    Money received under this part is treated as trust funds and used only as this part allows.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15445. All moneys received pursuant to this part, whether as proceeds from selling or incurring revenue bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this part. Until the funds are applied as provided in this part, and notwithstanding any other provision of law, the moneys may be invested in any obligations or securities authorized by resolutions of the authority authorizing the issuance of the bonds. Any officer with whom, or any bank or trust company with which, the moneys are deposited shall act as trustee of the moneys and shall hold and apply the moneys for the purposes hereof, subject to any regulations adopted pursuant to this part and the resolution authorizing the issuance of the bonds or the indenture or trust agreement securing the bonds. (Amended by Stats. 2014, Ch. 261, Sec. 5. (SB 1463) Effective January 1, 2015.)
  94. 15446.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    The authority may issue bonds to refund, redeem, or retire outstanding bonds, and may manage the proceeds in escrow and related investments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15446. (a) The authority may provide for the issuance of bonds of the authority for the purpose of redeeming, refunding, or retiring any bonds or any series or issue of bonds then outstanding issued for the benefit of a participating health institution to finance or refinance a project, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption, purchase, or maturity of the bonds. (b) The proceeds of any bonds issued for the purpose of refunding of outstanding bonds may, in the discretion of the authority, be applied to the purchase, redemption prior to maturity, or retirement at maturity of any outstanding bonds on their earliest redemption date or dates, upon their purchase or maturity, or paid to a third person to assume the authority’s obligation or the applicable bond issuer’s obligation to make the payments, and may, pending that application, be placed in escrow to be applied to the purchase, retirement at maturity, or redemption on the date or dates determined by the authority or the participating health institution. (c) Any proceeds placed in escrow may, pending their use, be invested and reinvested in obligations or securities authorized by resolutions of the authority or as determined by the participating health institution, payable or maturing at the time or times as are appropriate to assure the prompt payment of the principal, interest, and redemption premium, if any, of the outstanding bonds to be refunded at maturity or redemption of the bonds to be refunded either at their earliest redemption date or dates or any subsequent redemption date or dates or for payment of interest on the refunding bonds on or prior to the final date of redemption or payment of the bonds to be refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income and profits, if any, earned or realized on the investments thereof may be returned to the authority for use by the authority or the participating health institution. (d) All of the bonds issued pursuant to subdivision (a) are subject to this part in the same manner and to the same extent as other bonds issued pursuant to this part. (Amended by Stats. 2011, Ch. 330, Sec. 7. (AB 1394) Effective January 1, 2012.)
  95. 15447.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    The section says authority-issued bonds may be treated as legal investments for specified banks, insurers, fiduciaries, and other persons authorized to invest in state obligations, and may also be deposited with and received by state or municipal officers or agencies where state-bond deposits are allowed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15447. Bonds issued by the authority under the provisions of this part are hereby made securities in which all banks, bankers, savings banks, trust companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest any funds, including capital belonging to them or within their control; and such bonds, notes or other securities or obligations are hereby made securities which may properly and legally be deposited with and received by any state or municipal officers or agency of the state for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law. (Added by Stats. 1979, Ch. 1033.)
  96. 15448.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    Bonds issued under this part, their transfer, and the income from them are exempt from taxation by the state and its political subdivisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15448. Any bonds issued under the provisions of this part, 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 in the state. (Added by Stats. 1979, Ch. 1033.)
  97. 15449.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    California promises not to impair certain bondholders’ and contract parties’ rights under this part, and the authority may include that pledge in its bonds and contracts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15449. The State of California does pledge to and agree with the holders of the bonds issued pursuant to this part, and with those parties who may enter into contracts with the authority pursuant to the provisions of this part, that the state will not limit, alter or restrict the rights hereby vested in the authority to finance health care facilities and to fulfill the terms of any agreements made with the holders of bonds authorized by this part, and with the parties who may enter into contracts with the authority pursuant to the provisions of this part, or in any way impair the rights or remedies of the holders of such bonds or such parties until the bonds, together with interest thereon, are fully paid and discharged and such contracts are fully performed on the part of the authority. The authority as a public body corporate and politic shall have the right to include the pledge herein made in its bonds and contracts. (Added by Stats. 1979, Ch. 1033.)
  98. 15450.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    A pledge made by or to the authority is valid and binding when made, and the pledged property is immediately subject to the lien.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15450. A pledge by or to the authority of revenues, moneys, accounts, accounts receivable, contract rights and other rights to payment of whatever kind made by or to the authority pursuant to the authority granted in this part shall be valid and binding from the time the pledge is made for the benefit of pledges and successors thereto. The revenues, moneys, accounts, accounts receivable, contract rights and other rights to payment of whatever kind pledged by or to the authority or its assignees shall immediately be subject to the lien of the pledge without physical delivery or further act. The lien of such pledge shall be valid and binding against all parties, irrespective of whether the parties have notice of the claim. The indenture, trust agreement, resolution or another instrument by which such pledge is created need not be recorded. (Amended by Stats. 1986, Ch. 842, Sec. 3. Effective September 17, 1986.)
  99. 15451.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    The authority must set and collect rents for its projects and make sure related leases and instruments require enough payments to cover bond obligations, reserves, and administrative costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15451. The authority shall fix, revise, charge and collect rents for the use of each project owned by the authority and contract with any person, partnership, association or corporation, or other body, public or private, in respect thereof. Each lease entered into by the authority with a participating health institution and each agreement, note, mortgage or other instrument evidencing the obligations of a participating health institution to the authority shall provide that the rents or principal, interest and other charges payable by the participating health institution shall be sufficient at all times, (a) to pay the principal of, sinking fund payments, if any, the premium, if any, and the interest on outstanding bonds of the authority issued in respect of such project as the same shall become due and payable, (b) to create and maintain reserves which may but need not be required or provided for in the resolution relating to such bonds of the authority, and (c) to pay its share of the administrative costs and expenses of the authority. The authority shall pledge the revenues derived and to be derived from a project or other related health facilities or from a participating health institution for the purposes specified in (a), (b), and (c) of the preceding sentence and additional bonds may be issued which may rank on a parity with other bonds relating to the project to the extent and on the terms and conditions provided in the bond resolution. (Added by Stats. 1979, Ch. 1033.)
  100. 15452.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    When the bonds are paid off and the required conditions are met, the authority must promptly execute the documents needed to release its interest in the financed project and related secured property.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15452. When the principal of and interest on bonds issued by the authority to finance the cost of a project or working capital or to refinance outstanding indebtedness of one or more participating health institutions, including any refunding bonds issued to refund and refinance those bonds, have been fully paid and retired or when adequate provision has been made to fully pay and retire those bonds, and all other conditions of the resolution, the lease, the trust indenture and any mortgage or deed of trust, security interest, or any other instrument or instruments authorizing and securing the bonds have been satisfied and the lien of the mortgage, deed of trust or security interest has been released in accordance with the provisions thereof, the authority shall promptly do all things and execute those releases, release deeds, reassignments, deeds, and conveyances necessary and required to convey or release any rights, title, and interest of the authority in the project so financed, and any other health facilities mortgaged or securities or instruments pledged or transferred to secure the bonds, to the participating health institution or institutions. (Amended by Stats. 1985, Ch. 1346, Sec. 4. Effective October 1, 1985.)
  101. 15455.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    This section says bond financing under this part generally follows a special, additional method, but it does not automatically override other laws. For project bonds, the applicant must provide compliance documentation before the authority approves the bonds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15455. (a) This part shall be deemed to provide a complete, additional, and alternative method for doing the things authorized by this part, and shall be regarded as supplemental and additional to powers conferred by other laws. The issuance of bonds and refunding bonds under this part need not comply with any other law applicable to the issuance of bonds, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code. (b) Except as provided in subdivision (a), the financing of a project pursuant to this part shall not exempt a project from any requirement of law that is otherwise applicable to the project, and the applicant shall provide documentation, before the authority approves the issuance of bonds for the project, that the project has complied with Division 13 (commencing with Section 21000) of the Public Resources Code, or is not a project under that division. (Amended by Stats. 2014, Ch. 261, Sec. 6. (SB 1463) Effective January 1, 2015.)
  102. 15456.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    If this part conflicts with another statute or act, this part controls.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15456. To the extent that the provisions of this part are inconsistent with any other provisions of any general statute or special act or parts thereof, the provisions of this part shall be deemed controlling. (Added by Stats. 1979, Ch. 1033.)
  103. 15457.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    The authority’s net earnings, after amounts needed to retire its obligations or carry out the chapter’s purposes, may benefit only the State of California or the authority.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15457. Any net earnings of the authority beyond that necessary for retirement of any obligations issued by the authority or to implement the purposes of this chapter may inure to the benefit only of the State of California or the authority. (Added by Stats. 1979, Ch. 1033.)
  104. 15458.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    When the authority is dissolved, its property title passes to a qualifying successor authority if one exists; otherwise it passes to the State of California.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15458. Upon dissolution of the authority, title to all property owned by the authority shall vest in the successor authority created by the Legislature, if any, if such successor authority qualifies under Section 103 of the federal Internal Revenue Code of 1954, as amended, and the regulations promulgated thereunder, as an authority entitled to issue obligations on behalf of the State of California the interest on which is exempt from federal income taxation. If no such successor authority is so created, title to such property shall vest in the State of California. (Added by Stats. 1979, Ch. 1033.)
  105. 15459.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    A participating health institution must give the authority reasonable assurance that the health facility’s services will be available to people who live or work in the area served, when revenue bonds are issued for specified health facility purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15459. As a condition of the issuance of revenue bonds, whether by the authority or any local agency, to finance the construction, expansion, remodeling, renovation, furnishing, or equipping of a health facility or the acquisition of a health facility, each participating health institution shall give reasonable assurance to the authority that the services of the health facility will be made available to all persons residing or employed in the area served by the facility. For the purposes of this section and Sections 15459.1, 15459.2, 15459.3, and 15459.4, all of the following definitions apply: (a) “Local agency” means any public district, public corporation, authority, agency, board, commission, county, city and county, city, school district, or any other public entity. (b) “Revenue bond” means any bonds, warrants, notes, lease, or installment sale obligations evidenced by certificates of participation, or other evidence of indebtedness issued by the authority or by a local agency payable from funds other than the proceeds of ad valorem taxes or the proceeds of assessments levied without limitation as to rate or amount by the local agency upon property in the local agency. (Amended by Stats. 2011, Ch. 330, Sec. 8. (AB 1394) Effective January 1, 2012.)
  106. 15459.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    A participating health institution must give patients eligibility information, provide physician lists, notify practitioners in writing, post required notices, and give copies for county welfare offices; the authority must adjust requirements when Medi-Cal contracting is unavailable in the listed situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15459.1. As part of its assurance under Section 15459, the participating health institution shall agree to all of the following actions: (a) To advise each person seeking services at the participating health institution’s facility as to the person’s potential eligibility for Medi-Cal and Medicare benefits or benefits from other governmental third-party payers. (b) To make available to the authority and to any interested person a list of physicians with staff privileges at the participating health institution’s facility, which includes all of the following: (1) Name. (2) Specialty. (3) Language spoken. (4) Whether the physician takes Medi-Cal and Medicare patients. (5) Business address and phone number. (c) To inform in writing on a periodic basis all practitioners of the healing arts having staff privileges in the participating health institution’s facility as to the existence of the facility’s community service obligation. The required notice to practitioners shall contain a statement, as follows: “This hospital has agreed to provide a community service and to accept Medi-Cal and Medicare patients. The administration and enforcement of this agreement is the responsibility of the California Health Facilities Financing Authority and this facility.” (d) To post notices in the following form, which shall be multilingual where the participating health institution serves a multilingual community, in appropriate areas within the facility, including, but not limited to, admissions offices, emergency rooms, and business offices: “This facility has agreed to make its services available to all persons residing or employed in this area. This facility is prohibited by law from discriminating against Medi-Cal and Medicare patients. Should you believe you may be eligible for Medi-Cal or Medicare, you should contact our business office (or designated person or office) for assistance in applying. You should also contact our business office (or designated person or office) if you are in need of a physician to provide you with services at this facility. If you believe that you have been refused services at this facility in violation of the community service obligation you should inform (designated person or office) and the California Health Facilities Financing Authority.” The participating health institution shall provide copies of this notice for posting to all welfare offices in the county where the participating health institution’s facility is located. (e) For all facilities in areas, and of a type, not subject to Medi-Cal contracting and for all participating health institution which have negotiated in good faith to obtain a Medi-Cal contract but were not awarded a contract by the California Medi-Cal Assistance Commission, the authority shall make modifications to the requirements contained in this section to reflect the absence of a Medi-Cal contract. Nothing in this section relieves a hospital of its obligations under Section 1317 of the Health and Safety Code. (Amended by Stats. 2011, Ch. 330, Sec. 9. (AB 1394) Effective January 1, 2012.)
  107. 15459.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

    Verify source ↗

    A participating health institution may qualify for financing through revenue bonds even if it cannot show compliance with Sections 15459 and 15459.1, but only if it submits a plan satisfactory to the authority.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15459.2. If the participating health institution cannot demonstrate that it meets the requirements of Sections 15459 and 15459.1, it may nonetheless be eligible for financing through the issuance of revenue bonds if it presents a plan that is satisfactory to the authority which details the reasonable steps and timetables that the borrower agrees to take to bring the facility into compliance with these sections. (Amended by Stats. 2011, Ch. 330, Sec. 10. (AB 1394) Effective January 1, 2012.)
  108. 15459.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    Each participating health institution must provide an annual compliance report to the authority and the public on request.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15459.3. Each participating health institution shall make available to the authority and to the public upon request an annual report substantiating compliance with the requirements of Section 15459. The annual report shall set forth sufficient information and verification therefor to indicate the participating health institution’s compliance. The report shall include at least the following: (a) By category for inpatient admissions, emergency admission, and where the facility has a separate identifiable outpatient service: (1) The total number of patients receiving services. (2) The total number of Medi-Cal patients served. (3) The total number of Medicare patients served. (4) The total number of patients who had no financial sponsor at the time of service. (5) The dollar volume of services provided to each patient category listed in paragraphs (1), (2), and (3). (b) Where appropriate, the actions taken pursuant to Section 15459.2 and the effect the actions have had on the data specified in subdivision (a). (c) Any other information which the authority may reasonably require. (Amended by Stats. 2011, Ch. 330, Sec. 11. (AB 1394) Effective January 1, 2012.)
  109. 15459.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    If a participating health institution fails to follow its assurance under Section 15459, the authority may impose listed remedies and sanctions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15459.4. The remedies and sanctions available to the authority against the participating health institution for failure to adhere to the assurance given to the authority under Section 15459 shall include all of the following: (a) Rendering the participating health institution ineligible for federal and state financial assistance under the Hill-Burton Program. (b) Requiring a participating health institution that had originally met the conditions of community service to submit a plan that is satisfactory to the authority which details the reasonable steps and timetables that the participating health institution agrees to take to bring the facility back into compliance with the assurances given to the authority. (c) Referring the violation to the office of the Attorney General of California for legal action authorized under existing law or other remedy at law or equity, when a facility fails to carry out the actions agreed to in a plan approved by the authority pursuant to subdivision (b) of this section. However, the remedies obtainable by the legal action shall not include withdrawal or cancellation of the project or projects financed or to be financed through the issuance of revenue bonds. (Amended by Stats. 2011, Ch. 330, Sec. 12. (AB 1394) Effective January 1, 2012.)
  110. 15460.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    When setting Medi-Cal reimbursement for financed facilities, the State Department of Health Services must reflect allocable interest savings to the extent feasible and consistent with federal law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15460. The State Department of Health Services, in establishing reimbursement for services rendered under the Medi-Cal program by facilities financed under this part, shall reflect those interest savings allocable to Medi-Cal services to the extent feasible and in a manner consistent with federal law. (Added by Stats. 1979, Ch. 1033.)
  111. 15462.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    Certain cities, counties, city and counties, and local hospital districts may issue bonds to the authority, borrow money from the authority, and enter related financing agreements for this section’s purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15462. Exclusively for the purpose of securing the financing of projects or working capital pursuant to this part through the issuance of revenue bonds, certificates of participation, or other means, and notwithstanding any other provision of law, any city, city and county, county, or local hospital district may issue bonds to the authority or borrow money from the authority at the interest rate or rates, with the maturity date or dates, payment, security, default, remedy, and other terms as specified in the bonds of the city, city and county, county, or local hospital district or a loan, loan purchase, or other agreement between the authority and the city, city and county, county, or hospital district, and the city, city and county, county or hospital district may enter into any agreement for liquidity or credit enhancement or any other agreement or instrument that may be necessary or appropriate in connection with any of the foregoing. This section provides a complete, additional, and alternative method for performing the acts authorized by this section, and the borrowing of money from the authority, and any provisions for payment or security or any agreement for liquidity or credit enhancement in connection with the borrowing of money pursuant to this section need not comply with the requirements of any other law applicable to borrowing by a city, county, city and county, or hospital district. (Amended by Stats. 1987, Ch. 1426, Sec. 9. Effective September 30, 1987.)
  112. 15462.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    Certain local public entities may buy, lease, sell, or lease health facilities in financing transactions, and those transactions are exempt from other applicable sale, purchase, lease, pledge, encumbrance, or credit laws under this section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15462.5. Exclusively for the purpose of securing the financing of projects pursuant to this part or through the issuance of revenue bonds, certificates of participation, or other means, and notwithstanding any other law, any city, city and county, county, or hospital district may buy or lease health facilities from the authority, and in connection therewith, sell or lease health facilities to the authority, in each case with the installment payment or rental provisions, term, payment, security, default, remedy, and other terms or provisions as may be specified in the installment sale, lease, or other agreement or agreements, between the authority and the city, city and county, county, or hospital district, and the city, city and county, county, or hospital district may enter into any agreement for liquidity or credit enhancement it may deem necessary or appropriate in connection therewith. This section provides a complete, additional, and alternative method for performing the acts authorized by this section, and any sale or lease of health facilities to the authority, any purchase or lease of health facilities from the authority, and any provisions for payment and security or any agreement for liquidity or credit enhancement in connection therewith, pursuant to this section, need not comply with the requirements of any other law applicable to sale, purchase, lease, pledge, encumbrance, or credit, as the case may be, by a city, city and county, county, or hospital district. (Amended by Stats. 1987, Ch. 1426, Sec. 10. Effective September 30, 1987.)
  113. 15463.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. )

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    The authority may issue revenue bonds and make related loans for permanent supportive housing under the No Place Like Home Program, subject to stated limits and related financing uses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.2. HEALTH FACILITIES FINANCING AUTHORITY ACT [15430 - 15463] ( Heading of Part 7.2 amended by Stats. 1985, Ch. 349, Sec. 1. ) ## 15463. (a) For purposes of this section, the following definitions shall apply: (1) “No Place Like Home Program” has the same meaning as “program” as defined in Section 5849.2 of the Welfare and Institutions Code. (2) “No Place Like Home Fund” means the No Place Like Home Fund established pursuant to Section 5849.4 of the Welfare and Institutions Code. (3) “Permanent supportive housing” has the same meaning as “supportive housing” as defined in Section 50675.14 of the Health and Safety Code, except that “permanent supportive housing” shall include associated facilities if used to provide services to housing residents. (b) The authority may issue taxable or tax-exempt revenue bonds in an amount not to exceed two billion dollars ($2,000,000,000), exclusive of refunding bonds but including any net premium derived from the sale of the bonds, pursuant to Sections 15441 to 15450, inclusive, for the purpose of financing permanent supportive housing pursuant to the No Place Like Home Program and through loans under subdivision (d). The authority may also utilize bond proceeds to fund necessary reserves for principal and interest, capitalized interest, credit enhancement or liquidity costs, costs of issuance, administrative expenses under Section 5849.4 of the Welfare and Institutions Code, and to reimburse loans under Section 5849.14 of the Welfare and Institutions Code. (c) The authority may provide for the issuance of bonds of the authority for the purpose of redeeming, refunding, or retiring any bonds or any series or issue of bonds then outstanding issued under subdivision (b), including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption, purchase, or maturity of the bonds. Subdivisions (b) and (c) of Section 15446 apply to, and in connection with, bonds issued under this subdivision. Sections 15441 to 15445, inclusive, and Sections 15447 to 15450, inclusive, apply to, and in connection with, bonds issued under this subdivision in the same manner and to the same extent as bonds issued under subdivision (b). (d) The authority may make secured or unsecured loans to the Department of Housing and Community Development in connection with financing permanent supportive housing pursuant to the No Place Like Home Program or to refund bonds previously issued pursuant to this section, in accordance with an agreement between the authority and the Department of Housing and Community Development. Loan proceeds may also be used to fund reserves for principal and interest, capitalized interest, credit enhancement and liquidity costs, expenses of funding, financing, and refinancing, administrative expenses under Section 5849.4 of the Welfare and Institutions Code, and to reimburse loans under Section 5849.14 of the Welfare and Institutions Code. (e) Each of the authority and the Department of Housing and Community Development may enter into any agreement for credit enhancement or liquidity, execute any instruments, and do any other acts it deems necessary, convenient, or desirable in connection with revenue bonds issued pursuant to this section or carry out any power expressly granted pursuant to this section. (f) (1) This section provides a complete, additional, and alternative method for performing the acts authorized by this section and shall be construed as supplemental and additional to powers conferred by other laws; provided, however, that the issuance of the bonds and refunding bonds and the execution of any agreements under this section are not subject to, and need not comply with, the requirements of any other law applicable to the issuance of those bonds or refunding bonds and the execution of those agreements, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (2) Except as provided in paragraph (1), funding or financing under this section shall not exempt the permanent supportive housing from the requirements of any other law otherwise applicable to the permanent supportive housing. (Added by Stats. 2016, Ch. 322, Sec. 1. (AB 1628) Effective September 13, 2016.)
  114. 15470.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. )

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    This section states the policy and purpose of the part: to create the Office of Energy Infrastructure Safety, coordinate state functions, and allow needed actions to carry out the part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. ) ## 15470. (a) The state has long recognized the critical nature of its energy and communication infrastructure, in its importance in driving the engine of the state’s prosperity, in the hardships placed on the state’s residents in the absence of the services the infrastructure provides, and in the devastation that can occur when the operators of the infrastructure lose operational control of the infrastructure. To ensure that the operations of energy and communication infrastructure within the state will be managed adequately, the Legislature finds and declares all of the following are necessary: (1) To provide for a state office to be known and referred to as the Office of Energy Infrastructure Safety, within the Natural Resources Agency, and to prescribe the powers and duties of the director of that office. (2) To provide for the coordination of functions among state entities with jurisdiction over other functions of the state’s energy and communication service providers. (3) To authorize the establishment of organizations and the taking of actions necessary and proper to carry out the provisions of this part. (b) It is further declared to be the purpose of this part and the policy of this state that all environmental, health, and safety functions of this state shall be coordinated as far as possible with the comparable functions of its political subdivisions, of the federal government, including its various departments and agencies, of other states, and of private agencies of every type, to the end that the most effective use may be made of all manpower, resources, and facilities in managing the environmental, health, and safety of energy and communication infrastructure in the state. (Amended by Stats. 2019, Ch. 396, Sec. 3. (AB 1513) Effective January 1, 2020.)
  115. 15471.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. )

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    This part may be cited as the “California Energy Infrastructure Safety Act.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. ) ## 15471. This part shall be known and may be cited as the “California Energy Infrastructure Safety Act.” (Amended by Stats. 2019, Ch. 396, Sec. 4. (AB 1513) Effective January 1, 2020.)
  116. 15472.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. )

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    This section defines key terms used in this part of the code.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. ) ## 15472. For purposes of this part, all of the following definitions apply: (a) “Commission” means the Public Utilities Commission. (b) “Director” means the Director of the Office of Energy Infrastructure Safety. (c) “Electrical corporation” has the same meaning as set forth in Section 218 of the Public Utilities Code. (d) “Office” means Office of Energy Infrastructure Safety. (Amended by Stats. 2025, Ch. 119, Sec. 7. (SB 254) Effective September 19, 2025.)
  117. 15473.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. )

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    This section creates the Office of Energy Infrastructure Safety and gives its director broad administrative and regulatory powers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. ) ## 15473. (a) There is in state government, within the Natural Resources Agency, the Office of Energy Infrastructure Safety. The office shall be under the supervision of the Director of the Office of Energy Infrastructure Safety, who shall have all rights and powers of a head of an office as provided by this code. (b) The director shall be appointed by, and hold office at the pleasure of, the Governor. The appointment of the director is subject to confirmation by the Senate. (1) The director shall receive an annual salary as set forth in Section 11552. (2) The Governor may appoint a deputy director of the office. The deputy director shall hold office at the pleasure of the Governor. (c) In carrying out the provisions of this part, the director may: (1) Cooperate and contract with public and private agencies for the performance of acts, the rendition of services, and the affording of facilities as may be necessary and proper. (2) Do other acts and things as may be necessary and incidental to the exercise of powers and the discharge of duties conferred or imposed by the provisions of this part, including, but not limited to, all of the following: (A) Employ and prescribe duties of staff members as necessary to carry out the duties of the office. (B) Conduct investigations in any part of the state, compel information, and hold hearings, public meetings, or workshops as necessary to carry out the powers, duties, and responsibilities of the office, consistent with the exercise of its authority pursuant to this part and Chapter 6 (commencing with Section 8385) of Division 4.1 of the Public Utilities Code, or other statutes pertaining to the office. (C) Adopt, amend, and repeal regulations as necessary to carry out the powers, duties, and responsibilities of the office, consistent with Section 15475. The adoption, amendment, or repeal of regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (D) Require a regulated entity under the office’s jurisdiction to file an incident report with the office concerning any matter regulated by the office concerning a regulated entity’s infrastructure. (d) The director and deputy director may administer oaths, certify to all official acts, serve warrants, and issue subpoenas for the attendance of witnesses and the production of papers, including computer modeling, programs, maps, geographic information systems data, and other digital records, waybills, books, accounts, documents, and testimony in any inquiry, investigation, or hearing in any part of the state. (e) The director has the power of a head of a department pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1. (Amended by Stats. 2025, Ch. 119, Sec. 8. (SB 254) Effective September 19, 2025.)
  118. 15474.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. )

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    The office is not prevented from formally recognizing certain committees or boards connected to energy or communication infrastructure.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. ) ## 15474. Nothing in this part shall operate to prevent the office from formally recognizing committees or boards established by, or with segments of, the private sector, public agencies, or both the private sector and public agencies, that control facilities, resources, or the provision of services essential to the operation of energy or communication infrastructure. (Amended by Stats. 2019, Ch. 396, Sec. 6. (AB 1513) Effective January 1, 2020.)
  119. 15475.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. )

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    The office can investigate, inspect, and require information from regulated entities, and regulated entities must cooperate and provide reports and answers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. ) ## 15475. (a) The office may compel information and conduct investigations. In carrying out its duties, powers, and responsibilities pursuant to this part and Chapter 6 (commencing with Section 8385) of Division 4.1 of the Public Utilities Code, or other statutes pertaining to the office, the following powers, duties, and responsibilities vested in the office are acknowledged and confirmed: (1) The office shall adopt, amend, or repeal emergency regulations to implement this part in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1). The adoption, amendment, or repeal of these regulations shall be deemed to be an emergency for the purpose of Section 11342.545 and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, or general welfare. (2) The office may require information and data, including monitoring, verification of every regulated entity under the office’s jurisdiction and any business that is a subsidiary or affiliate of a regulated entity with respect to or that may influence any matter concerning wildfire safety, or that is necessary or useful for the office to perform and exercise its duties, powers, and responsibilities. (3) The office shall provide for the confidentiality of records, the protection of proprietary information, and the protection of the reasonable expectation of customers of public utilities in the privacy of customer-specific records maintained by the regulated entity under the office’s jurisdiction. As the successor entity to the former Wildfire Safety Division, the office shall continue to have access to and transfer any confidential information received by the former Wildfire Safety Division under the authority of the Public Utilities Commission to the office consistent with appropriate protections to maintain the confidentiality of that information. The office and the Public Utilities Commission shall agree upon provisions for the transfer of that information. (4) The office may require the production, within this state, at a time and place as it designates, of any books, accounts, papers, records, including computer modeling, programs, and other digital records, kept by a regulated entity under the office’s jurisdiction in any office or place within this state, or, at its option, verified copies in lieu thereof, so that an examination thereof may be made by the office or under its direction to the extent the production of the records relates to an investigation that falls within the duties, powers, and responsibilities of the office. (5) The office and persons employed by the office, may, at any time, inspect the accounts, books, papers, and documents, including any digital information, of any regulated entity under the office’s jurisdiction. The office and any of its designees or employees authorized to administer oaths may examine under oath any officer, agent, or employee of a regulated entity under the office’s jurisdiction in relation to its business and affairs concerning matters within the duties, powers, and responsibilities of the office. This subdivision also applies to inspections of the accounts, books, papers, and documents of any business that is a subsidiary or affiliate, or a corporation that holds a controlling interest in a regulated entity under the office’s jurisdiction. (6) Each regulated entity under the office’s jurisdiction shall cooperate fully with the office in any investigation conducted consistent with this section, regardless of pending litigation or other investigations, including, but not limited to, those that may be related to investigations conducted by the Public Utilities Commission, or the Department of Forestry and Fire Protection. The office and the Public Utilities Commission will cooperate and coordinate consistent with the memorandum of understanding required by Section 15476. (7) Every regulated entity under the office’s jurisdiction shall furnish to the office, in the form and detail as the office prescribes, all tabulations, computations, and other information required for the office to perform its duties, powers, and responsibilities, and shall make specific answers to all questions submitted by the office. Every regulated entity under the office’s jurisdiction receiving from the office any blanks with directions to fill them shall answer fully and correctly each question propounded to it, and if it is unable to answer any question, it shall give a good and sufficient reason for that failure. (8) Every regulated entity under the office’s jurisdiction shall furnish those reports to the office at the time and in the form as the office may require in which the regulated entity shall specifically answer all questions propounded by the office. The office may require any entity under the office’s jurisdiction to file reports or periodic special reports, or both, concerning any matter about which the office is authorized by any law to inquire or to keep itself informed, or that it is required to enforce. All reports shall be under oath when required by the office. (9) The office and persons employed by or acting on behalf of the office may enter and inspect the property, records, and equipment of any regulated entity under the office’s jurisdiction at any time and anywhere within the state. Any member of the inspection party may use whatever measurement and evaluation devices, including, but not limited to, photographic equipment and temperature measurement devices, that are determined to be necessary. Documentation of the inspection shall be the property of the office. This paragraph is not a limitation upon the authority of any agency to inspect pursuant to any other law. (10) The office and persons employed by or acting on behalf of the office may inspect at any time and anywhere within the state, all regulated entities’ properties and equipment for purposes of carrying out the duties, powers, and responsibilities of the former Wildfire Safety Division as set forth in this part or Chapter 6 (commencing with Section 8385) of Division 4.1 of the Public Utilities Code, which are vested in the office as the division’s successor, or other statute pertaining to the office. (b) The office shall do all of the following: (1) Oversee electrical corporations’ performance with wildfire safety pursuant to Chapter 6 (commencing with Section 8385) of Division 4.1 of the Public Utilities Code. (2) Develop performance metrics to achieve maximum feasible risk reduction to be used to develop the wildfire mitigation plan and evaluate an electrical corporation’s performance relative to the implementation of that plan. For this purpose, “maximum feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. (3) Develop a field audit and performance oversight program to assess wildfire mitigation plan implementation by each electrical corporation. (4) Support efforts to assess and analyze fire weather data and other atmospheric conditions that could lead to catastrophic wildfires and to reduce the likelihood and severity of wildfire incidents that could endanger the safety of persons, properties, and the environment within the state. (5) Retain appropriate staff that includes experts in wildfire, weather, climate change, emergency response, and other relevant subject matters. (6) Review, as necessary, in coordination with the California Wildfire Safety Advisory Board and necessary commission staff, safety requirements for electrical transmission and distribution infrastructure and infrastructure and equipment attached to that electrical infrastructure, and provide recommendations to the commission to address the dynamic risk of climate change and to mitigate wildfire risk. (Amended by Stats. 2025, Ch. 119, Sec. 9. (SB 254) Effective September 19, 2025.)
  120. 15475.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. )

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    The office must assess and evaluate electrical corporations’ wildfire mitigation performance and check whether they are following their wildfire mitigation plans.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. ) ## 15475.1. (a) The office’s primary objective is to ensure that regulated entities under the office’s jurisdiction are reducing wildfire risk and adhering to their approved wildfire mitigation plans. (b) The office shall assess and evaluate electrical corporations’ performance of the mitigation activities and strategies outlined in the wildfire mitigation plans. The office shall assess whether electrical corporations deviate from their plans and evaluate the strength and quality of their performance relative to the plan. (Amended by Stats. 2025, Ch. 119, Sec. 10. (SB 254) Effective September 19, 2025.)
  121. 15475.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. )

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    The office may issue a notice directing an electrical corporation to fix nonperformance under an approved wildfire mitigation plan, and must adopt guidelines for administering this section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. ) ## 15475.2. (a) (1) The office may issue a notice of nonperformance to direct an electrical corporation to correct any nonperformance with the approved wildfire mitigation plan. (2) The notice of nonperformance shall identify deficiencies and may prescribe corrective actions and timelines. (3) The notice of nonperformance shall be posted on the office’s internet website and shall be served electronically on the electrical corporation. (b) The office shall adopt guidelines pursuant to Section 15475.6 setting forth the policies and procedures for administering the duties of this section. (Amended by Stats. 2025, Ch. 119, Sec. 11. (SB 254) Effective September 19, 2025.)
  122. 15475.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. )

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    The office must adopt guidelines, hold a public meeting or workshop before adoption, give notice and comment opportunities, and allow extra public comment for certain substantive changes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. ) ## 15475.6. (a) (1) The office shall adopt guidelines setting forth the requirements, format, timing, and any other matters required to exercise its powers, perform its duties, and meet its responsibilities described in this part and Sections 326.1 and 326.2 of, and Chapter 6 (commencing with Section 8385) of Division 4.1 of, the Public Utilities Code. (2) Before adopting guidelines, the office shall hold at least one public meeting or workshop and allow all interested stakeholders and members of the public an opportunity to comment. Not less than 10 days’ public notice shall be given of any meetings or workshops required by this section. (b) Substantive changes to the guidelines shall not be adopted without at least 30 days’ written notice to the public and opportunity to comment. This notice period may run concurrently with the meeting notice requirements in subdivision (a). If a substantive change is made after the 30-day public comment period and before the adoption of the guidelines, the full text of the resulting guidelines, with the change clearly indicated, shall be made available to the public for comments for at least 10 days before the office adopts the guidelines. (c) The Any guidelines adopted pursuant to this section are exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Any duly adopted rules or guidelines in effect and used by the former Wildfire Safety Division as of July 1, 2021, shall remain valid and in effect as to the office pending the adoption of new or amended guidelines by the office pursuant to this section. (Amended by Stats. 2025, Ch. 119, Sec. 14. (SB 254) Effective September 19, 2025.)
  123. 15476.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. )

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    The Public Utilities Commission and the office must enter a memorandum of understanding and share information about electric infrastructure safety.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.3. California Energy Infrastructure Safety Act [15470 - 15476] ( Part 7.3 added by Stats. 2019, Ch. 81, Sec. 3. ) ## 15476. The Public Utilities Commission and the office shall enter into a memorandum of understanding to cooperatively develop consistent approaches and share data related to electric infrastructure safety. The commission and the office shall share results from various safety activities, including relevant inspections and regulatory development. (Added by Stats. 2019, Ch. 81, Sec. 3. (AB 111) Effective July 12, 2019.)
  124. 15490.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.5. STATE ALLOCATION BOARD [15490 - 15492] ( Part 7.5 added by Stats. 1959, Ch. 591. )

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    The State Allocation Board is established, its membership is set, and the Director of General Services must assist it. Board members and legislative members meeting with the board receive no compensation, but are reimbursed for actual and necessary expenses. The board may appoint and manage an assistant executive officer and related support staff by majority vote.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.5. STATE ALLOCATION BOARD [15490 - 15492] ( Part 7.5 added by Stats. 1959, Ch. 591. ) ## 15490. (a) There is in the state government the State Allocation Board, consisting of the Director of Finance, the Director of General Services, a person appointed by Governor, and the Superintendent of Public Instruction. The board shall also include three Members of the Senate appointed by the President pro Tempore of the Senate, two of whom shall belong to the majority party and one of whom shall belong to the minority party, and three Members of the Assembly appointed by the Speaker of the Assembly, two of whom shall belong to the majority party and one of whom shall belong to the minority party. (b) The members of the board and the Members of the Legislature meeting with the board shall receive no compensation for their services but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties. (c) The Director of General Services shall provide assistance to the board as the board requires. The board may, by a majority vote of all members, do one or more of the following: (1) Appoint an employee to report directly to the board as assistant executive officer. (2) Fix the salary and other compensation of the assistant executive officer. (3) Employ additional staff members, and secure office space and furnishings, as necessary to support the assistant executive officer in the performance of their duties. (Amended by Stats. 2023, Ch. 196, Sec. 7. (SB 143) Effective September 13, 2023.)
  125. 15491.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.5. STATE ALLOCATION BOARD [15490 - 15492] ( Part 7.5 added by Stats. 1959, Ch. 591. )

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    The State Allocation Board must provide live video and audio transmission for open board meetings and hearings, using accessible technology.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.5. STATE ALLOCATION BOARD [15490 - 15492] ( Part 7.5 added by Stats. 1959, Ch. 591. ) ## 15491. (a) The State Allocation Board shall provide for live video and audio transmission of all board meetings and hearings that are open to the public through a technology that is accessible to as large a segment of the public as possible, including, but not limited to, the use of any of the following technologies: (1) Cable, satellite, over-the-air, or any other type of transmission that can be accessed through a television. (2) Web cast. (b) The board shall ensure that any Web cast transmission implemented pursuant to subdivision (a) may be transmitted over and accessed through the K–12 High-Speed Network established pursuant to paragraph (2) of subdivision (b) of Section 11800 of the Education Code. (c) The board shall consult with the State Chief Information Officer for the purposes of implementing this section pursuant to the duties that the State Chief Information Officer is required to perform, as described in Section 11545. (Amended by Stats. 2010, Ch. 328, Sec. 84. (SB 1330) Effective January 1, 2011.)
  126. 15492.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.5. STATE ALLOCATION BOARD [15490 - 15492] ( Part 7.5 added by Stats. 1959, Ch. 591. )

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    The Department of General Services must assign one full-time position in the Office of Public School Construction to provide assistance, make recommendations, and help respond to funding-status inquiries.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 7.5. STATE ALLOCATION BOARD [15490 - 15492] ( Part 7.5 added by Stats. 1959, Ch. 591. ) ## 15492. (a) The Department of General Services shall assign one full-time position within the Office of Public School Construction to the performance of the following functions: (1) Providing advisory assistance to school districts regarding the process of site acquisition for projects for which the State Allocation Board has approved funding under Chapter 1 (commencing with Section 17210) of Part 10.5 of the Education Code. (2) Formulating recommendations for administrative or statutory revision to the manner in which school sites are acquired under Chapter 1 (commencing with Section 17210) of Part 10.5 of the Education Code, and submitting those recommendations to the State Allocation Board. (b) The Department of General Services shall establish a screening unit or other mechanism within the Office of Public School Construction to ensure that the office responds in a timely manner to any inquiry regarding the status of an application for project funding under Chapter 1 (commencing with Section 17210) of Part 10.5 of the Education Code. (c) The requirements set forth in this section shall not increase the staffing level of the Office of Public School Construction, as that staffing level existed on the operative date of this section. (Amended by Stats. 2006, Ch. 538, Sec. 266. Effective January 1, 2007.)
  127. 15500.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8. LOCAL AGENCY ALLOCATION LAW [15500 - 15506] ( Part 8 added by Stats. 1953, Ch. 170. )

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    This part may be cited as the Local Agency Allocation Law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8. LOCAL AGENCY ALLOCATION LAW [15500 - 15506] ( Part 8 added by Stats. 1953, Ch. 170. ) ## 15500. This part may be cited as the Local Agency Allocation Law. (Added by Stats. 1953, Ch. 170.)
  128. 15501.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8. LOCAL AGENCY ALLOCATION LAW [15500 - 15506] ( Part 8 added by Stats. 1953, Ch. 170. )

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    This section defines “local agencies,” “public works projects,” and “Board” for this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8. LOCAL AGENCY ALLOCATION LAW [15500 - 15506] ( Part 8 added by Stats. 1953, Ch. 170. ) ## 15501. As used in this part: (a) “Local agencies” means cities, counties, housing authorities, districts, and any other local public agencies. (b) “Public works projects” means acquisition and improvement of sites, construction, modification, and alteration of public buildings, airports, water supply systems (including when incidental to a public works project (1) highways, streets, bridges, and other street and highway structures, and (2) plan preparation and equipment), and publicly owned and operated facilities, including but not limited to sewage treatment and disposal plants and sanitary facilities. (c) “Board” means State Allocation Board. (Added by Stats. 1953, Ch. 170.)
  129. 15502.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8. LOCAL AGENCY ALLOCATION LAW [15500 - 15506] ( Part 8 added by Stats. 1953, Ch. 170. )

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    When the section’s conditions are met, allocations or apportionments must be made solely by the State Allocation Board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8. LOCAL AGENCY ALLOCATION LAW [15500 - 15506] ( Part 8 added by Stats. 1953, Ch. 170. ) ## 15502. Whenever the Legislature makes an appropriation of state or federal funds for apportionment or allocation to any class or classes of local agencies for public works projects, or whenever any state officer or agency is authorized by law to receive or accept any money from the Federal Government or from other sources for the purpose of making such apportionments or allocations, and if no state officer or agency, other than the State Allocation Board, is authorized and empowered by law to make the allocations or apportionments, they shall be made solely by the board. (Added by Stats. 1953, Ch. 170.)
  130. 15503.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8. LOCAL AGENCY ALLOCATION LAW [15500 - 15506] ( Part 8 added by Stats. 1953, Ch. 170. )

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    When the board makes allocations or apportionments under this part, it must set rules, required forms, and needed information procedures, and it may require applications to be submitted for approval unless the appropriation act says otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8. LOCAL AGENCY ALLOCATION LAW [15500 - 15506] ( Part 8 added by Stats. 1953, Ch. 170. ) ## 15503. Whenever the board is required to make allocations or apportionments under this part, it shall prescribe rules and regulations for the administration of, and not inconsistent with, the act making the appropriation of funds to be allocated or apportioned. The board shall require the procedure, forms, and the submission of any information it may deem necessary or appropriate. Unless otherwise provided in the appropriation act, the board may require that applications for allocations or apportionments be submitted to it for approval. (Added by Stats. 1953, Ch. 170.)
  131. 15504.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8. LOCAL AGENCY ALLOCATION LAW [15500 - 15506] ( Part 8 added by Stats. 1953, Ch. 170. )

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    The Director of General Services must provide the board whatever assistance it requires to carry out this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8. LOCAL AGENCY ALLOCATION LAW [15500 - 15506] ( Part 8 added by Stats. 1953, Ch. 170. ) ## 15504. The Director of General Services shall provide the board with the assistance it may require in order to carry out the provisions of this part. (Amended by Stats. 1965, Ch. 371.)
  132. 15505.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8. LOCAL AGENCY ALLOCATION LAW [15500 - 15506] ( Part 8 added by Stats. 1953, Ch. 170. )

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    Money appropriated for allocations or apportionments is exempt from this part when the amount or terms are set by a fixed formula or do not require judgment or discretion, unless the Legislature says otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8. LOCAL AGENCY ALLOCATION LAW [15500 - 15506] ( Part 8 added by Stats. 1953, Ch. 170. ) ## 15505. Any money appropriated for allocation or apportionment upon a fixed formula basis or upon a basis not requiring the exercise of judgment or discretion as to the amount of or the terms and conditions under which allocations and apportionments are to be made is exempt from this part unless the Legislature expressly provides otherwise. (Added by Stats. 1953, Ch. 170.)
  133. 15506.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8. LOCAL AGENCY ALLOCATION LAW [15500 - 15506] ( Part 8 added by Stats. 1953, Ch. 170. )

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    This section says the part must not be read as changing any preexisting authority or practice from May 24, 1949 for state officers or agencies allocating money to local agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8. LOCAL AGENCY ALLOCATION LAW [15500 - 15506] ( Part 8 added by Stats. 1953, Ch. 170. ) ## 15506. This part shall not be construed as affecting or changing any authority or practice existing on May 24, 1949 whereby any state officer or agency is allocating or apportioning money to local agencies. (Added by Stats. 1953, Ch. 170.)
  134. 15550.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 1. General Provisions [15550 - 15553] ( Chapter 1 added by Stats. 2002, Ch. 859, Sec. 8. )

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    This section defines “agency” and “secretary” for this part as the Labor and Workforce Development Agency and the Secretary of Labor and Workforce Development, unless the context requires otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 1. General Provisions [15550 - 15553] ( Chapter 1 added by Stats. 2002, Ch. 859, Sec. 8. ) ## 15550. As used in this part, “agency” and “secretary” refer to the Labor and Workforce Development Agency and the Secretary of Labor and Workforce Development, respectively, unless the context otherwise requires. (Added by Stats. 2002, Ch. 859, Sec. 8. Effective January 1, 2003.)
  135. 15551.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 1. General Provisions [15550 - 15553] ( Chapter 1 added by Stats. 2002, Ch. 859, Sec. 8. )

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    The Secretary of Labor and Workforce Development is the executive officer supervising the Labor and Workforce Development Agency, and the Secretary is appointed by the Governor with Senate confirmation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 1. General Provisions [15550 - 15553] ( Chapter 1 added by Stats. 2002, Ch. 859, Sec. 8. ) ## 15551. The Labor and Workforce Development Agency in state government is under the supervision of an executive officer known as the Secretary of Labor and Workforce Development. The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall hold office at the pleasure of the Governor. (Added by Stats. 2002, Ch. 859, Sec. 8. Effective January 1, 2003.)
  136. 15552.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 1. General Provisions [15550 - 15553] ( Chapter 1 added by Stats. 2002, Ch. 859, Sec. 8. )

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    The Governor may appoint two deputies, but the Senate must confirm them, and they serve at the secretary’s pleasure.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 1. General Provisions [15550 - 15553] ( Chapter 1 added by Stats. 2002, Ch. 859, Sec. 8. ) ## 15552. The Governor may appoint two deputies, subject to confirmation by the Senate, to assist the secretary. These officers shall serve at the pleasure of the secretary. (Added by Stats. 2002, Ch. 859, Sec. 8. Effective January 1, 2003.)
  137. 15553.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 1. General Provisions [15550 - 15553] ( Chapter 1 added by Stats. 2002, Ch. 859, Sec. 8. )

    Verify source ↗

    Entities within the Labor and Workforce Development Agency may share information for research, enforcement, or training with other agency entities without a confidentiality agreement, unless the secretary requires one.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 1. General Provisions [15550 - 15553] ( Chapter 1 added by Stats. 2002, Ch. 859, Sec. 8. ) ## 15553. Any entity within the Labor and Workforce Development Agency may share information for research, enforcement, or training with any other entity in the agency without a confidentiality agreement, except as the secretary may require. (Added by Stats. 2002, Ch. 859, Sec. 8. Effective January 1, 2003.)
  138. 15554.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. )

    Verify source ↗

    The secretary has general supervision over agency departments and may issue orders to carry out agency powers and responsibilities, but there are express limits on that authority.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. ) ## 15554. The secretary has the power of general supervision over, and is directly responsible to the Governor for, the operations of each department, office, and unit within the agency. The secretary may issue those orders as the secretary deems appropriate to exercise any power or jurisdiction, or to assume or discharge any responsibility, or to carry out or effect any of the purposes vested by law in any department in the agency. However, except with respect to the Workforce Investment Board, nothing in this part authorizes the secretary to exercise any power or jurisdiction, or assume or discharge any responsibility related to the administration of the state Compensation Insurance Fund, or to investigation, adjudication, rulemaking, or legal representation that is vested by other provisions of law exclusively in any board, commission, council, or other appointive multimember body that is organizationally located within the Labor and Workforce Development Agency or within any of its departments. (Added by Stats. 2002, Ch. 859, Sec. 8. Effective January 1, 2003.)
  139. 15555.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. )

    Verify source ↗

    The secretary must advise and assist the Governor on major policy and program matters and act as the main communication link between the Governor and agency departments, offices, or other units.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. ) ## 15555. The secretary shall advise the Governor on, and assist the Governor in, establishing major policy and program matters affecting each department, office, or other unit within the agency, and shall serve as the principal communication link for the effective transmission of policy problems and decisions between the Governor and each department, office, or other unit. (Added by Stats. 2002, Ch. 859, Sec. 8. Effective January 1, 2003.)
  140. 15556.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. )

    Verify source ↗

    The secretary must exercise the Governor’s authority for agency functions and represent the Governor in coordinating agency activities, including resolving conflicts within the agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. ) ## 15556. The secretary shall exercise the authority vested in the Governor in respect to the functions of each department, office, or other unit within the agency, including the adjudication of conflicts between or among the departments, offices, or other units, and shall represent the Governor in coordinating the activities of each department, office, or other unit within the agency with those of other agencies, whether federal, state, or local. (Added by Stats. 2002, Ch. 859, Sec. 8. Effective January 1, 2003.)
  141. 15557.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. )

    Verify source ↗

    The secretary must manage fiscal oversight for each unit in the agency, review and approve proposed budgets, hold unit heads responsible for management control, and regularly review operations and performance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. ) ## 15557. The secretary shall be generally responsible for the sound fiscal management of each department, office, or other unit within the agency. The secretary shall review and approve the proposed budget of each department, office, or other unit. The secretary shall hold the head of each department, office, or other unit responsible for management control over the administrative, fiscal, and program performance of his or her department, office, or other unit. The secretary shall review the operations and evaluate the performance at appropriate intervals of each department, office, or other unit, and shall seek continually to improve the organizational structure, the operating policies, and the management information systems of each department, office, or other unit. (Added by Stats. 2002, Ch. 859, Sec. 8. Effective January 1, 2003.)
  142. 15558.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. )

    Verify source ↗

    The secretary has additional duties that include reviewing personnel management, providing public information, overseeing workforce investment implementation, and consolidating service points and taxpayer service centers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. ) ## 15558. Other duties of the secretary include, but are not limited to, reviewing personnel management, acting as public advisor and providing public information in connection with all functions of the agency, overseeing the implementation of the workforce investment system to ensure that it better responds to the employment, training, and education needs of its customers, and consolidating service points and One-Stop Taxpayer Service Centers for employers and workers by adding services that are within the agency’s authority. (Added by Stats. 2002, Ch. 859, Sec. 8. Effective January 1, 2003.)
  143. 15559.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. )

    Verify source ↗

    The secretary must report planning and program information to the Governor and may use hearings, staff, consultants, other agencies, and committees to do the work.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. ) ## 15559. The secretary shall develop and report to the Governor on legislative, budgetary, and administrative programs to accomplish comprehensive, long-range, coordinated planning and policy formulation in the matters of public interest related to the agency. To accomplish this end, the secretary may hold public hearings, consult with and use the services and cooperation of other state agencies, employ staff and consultants, and appoint advisory and technical committees to assist in the work. (Added by Stats. 2002, Ch. 859, Sec. 8. Effective January 1, 2003.)
  144. 15560.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. )

    Verify source ↗

    The secretary must organize the agency with the Governor’s approval, and may require departments, offices, or units to help enforce laws within the agency’s jurisdiction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. ) ## 15560. For the purpose of administration, the secretary shall organize the agency, subject to the approval of the Governor, in the manner he or she deems necessary to segregate and conduct the work of the agency. The secretary may require any department, office, or unit to assist in enforcing any law within the jurisdiction of the agency, except as provided in Section 15554. (Added by Stats. 2002, Ch. 859, Sec. 8. Effective January 1, 2003.)
  145. 15561.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. )

    Verify source ↗

    The secretary, and any agency officer or employee designated in writing by the secretary, has the power of a head of a department.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. ) ## 15561. The secretary and any other officer or employee within the agency designated in writing by the secretary shall have the power of a head of a department pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1. (Added by Stats. 2002, Ch. 859, Sec. 8. Effective January 1, 2003.)
  146. 15562.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. )

    Verify source ↗

    An agency officer or employee may exercise a power granted to the secretary if the secretary designates that person in writing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 2. Powers and Duties [15554 - 15562.5] ( Chapter 2 added by Stats. 2002, Ch. 859, Sec. 8. ) ## 15562. Whenever a power is granted to the secretary, the power may be exercised by an officer or employee within the agency as designated in writing by the secretary. (Added by Stats. 2002, Ch. 859, Sec. 8. Effective January 1, 2003.)
  147. 15563.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 3. Deputy Secretary for Climate [15563 - 15563.6] ( Chapter 3 added by Stats. 2022, Ch. 348, Sec. 2. )

    Verify source ↗

    This section defines terms used in the chapter, including “Agency,” “Clean energy,” “Deputy secretary,” and “Energy Commission.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 3. Deputy Secretary for Climate [15563 - 15563.6] ( Chapter 3 added by Stats. 2022, Ch. 348, Sec. 2. ) ## 15563. For purposes of this chapter, the following definitions apply: (a) “Agency” means the Labor and Workforce Development Agency. (b) “Clean energy” means renewable energy resources and zero-carbon resources as described by Section 454.53 of the Public Utilities Code. (c) “Deputy secretary” means the Deputy Secretary for Climate appointed pursuant to Section 15563.2. (d) “Energy Commission” means the State Energy Resources Conservation and Development Commission. (Added by Stats. 2022, Ch. 348, Sec. 2. (AB 2204) Effective January 1, 2023. Conditionally operative pursuant to Sec. 15563.6. Repealed as of January 1, 2046, pursuant to Sec. 15563.6.)
  148. 15563.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 3. Deputy Secretary for Climate [15563 - 15563.6] ( Chapter 3 added by Stats. 2022, Ch. 348, Sec. 2. )

    Verify source ↗

    The Legislature may fund the Deputy Secretary for Climate position, and the Governor appoints the deputy secretary with Senate confirmation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 3. Deputy Secretary for Climate [15563 - 15563.6] ( Chapter 3 added by Stats. 2022, Ch. 348, Sec. 2. ) ## 15563.2. Upon appropriation by the Legislature, the position of Deputy Secretary for Climate is hereby established within the Labor and Workforce Development Agency for the purpose of assisting in the oversight of California’s workforce transition to a sustainable and equitable carbon neutral economy. The deputy secretary shall be appointed by the Governor, subject to confirmation by the Senate. (Added by Stats. 2022, Ch. 348, Sec. 2. (AB 2204) Effective January 1, 2023. Conditionally operative pursuant to Sec. 15563.6. Repealed as of January 1, 2046, pursuant to Sec. 15563.6.)
  149. 15563.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 3. Deputy Secretary for Climate [15563 - 15563.6] ( Chapter 3 added by Stats. 2022, Ch. 348, Sec. 2. )

    Verify source ↗

    The deputy secretary must coordinate clean-energy workforce work, create or coordinate retraining programs, and report to the Legislature each year starting by January 1, 2025.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 3. Deputy Secretary for Climate [15563 - 15563.6] ( Chapter 3 added by Stats. 2022, Ch. 348, Sec. 2. ) ## 15563.4. The deputy secretary shall do all of the following: (a) Coordinate with relevant state agencies, including, but not limited to, the Labor and Workforce Development Agency, the Energy Commission, the Office of Planning and Research, the California Environmental Protection Agency, the Natural Resources Agency, the State Lands Commission, the California Geological Survey, the Public Utilities Commission, and the State Air Resources Board, to track the progress of the state moving toward 100 percent clean energy, including by doing all of the following: (1) To the extent possible, identifying the timing and location of fossil fuel facility closures and short-term and long-term workforce transition needs, including projected impacts on workers, businesses, and communities related to workforce development, training, job loss, and job creation. (2) In coordination with the relevant state agencies, establishing recommended strategies and timelines for workers to transition from fossil fuel-based jobs to clean energy jobs and jobs in related fields. (3) Tracking clean energy jobs and the transition of workers from fossil fuel-based jobs to clean energy jobs and jobs in related fields to increase access to training and employment opportunities. (b) Create or coordinate programs with other state agencies to retrain and upskill workers for clean energy jobs and jobs in related fields, including, but not limited to, by doing all of the following: (1) Identifying training needs and gaps in current state programs. (2) Determining what skills will likely be needed in the state’s clean energy workforce over the next 25 years. (3) Prioritizing workforce development funding and programming in communities experiencing growing income disparities due to the transition to a carbon neutral economy. (c) On or before January 1, 2025, and annually thereafter, submit a report to the Legislature on key findings and recommendations regarding the development and implementation of the workforce transition to a sustainable and equitable clean energy economy, including challenges, achievements, and measurable progress toward creating clean energy jobs. The deputy secretary shall submit the report to the Legislature required by this subdivision in compliance with Section 9795. (Added by Stats. 2022, Ch. 348, Sec. 2. (AB 2204) Effective January 1, 2023. Conditionally operative pursuant to Sec. 15563.6. Repealed as of January 1, 2046, pursuant to Sec. 15563.6.)
  150. 15563.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 3. Deputy Secretary for Climate [15563 - 15563.6] ( Chapter 3 added by Stats. 2022, Ch. 348, Sec. 2. )

    Verify source ↗

    This chapter only takes effect if the Legislature provides an appropriation for implementation, and it is set to be repealed on January 1, 2046 unless that date is changed by a later statute enacted before then.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.5. LABOR AND WORKFORCE DEVELOPMENT AGENCY [15550 - 15563.6] ( Part 8.5 added by Stats. 2002, Ch. 859, Sec. 8. ) ## CHAPTER 3. Deputy Secretary for Climate [15563 - 15563.6] ( Chapter 3 added by Stats. 2022, Ch. 348, Sec. 2. ) ## 15563.6. (a) This chapter shall become operative only upon an appropriation by the Legislature in the annual Budget Act or another statute for the purposes of implementing this chapter. (b) This chapter shall remain in effect only until January 1, 2046, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2046, deletes or extends that date. (Added by Stats. 2022, Ch. 348, Sec. 2. (AB 2204) Effective January 1, 2023. Repealed as of January 1, 2046, by its own provisions. Note: Repeal affects Ch. 3, commencing with Sec. 15563.)
  151. 15570.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 1. Administration [15570 - 15570.4] ( Chapter 1 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    This section establishes the California Department of Tax and Fee Administration, places it under a director, and gives the Governor appointment authority over key officials.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 1. Administration [15570 - 15570.4] ( Chapter 1 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570. (a) There shall be established within state government, in the Government Operations Agency, the California Department of Tax and Fee Administration. The department’s headquarters shall be in Sacramento. (b) The department is under the control of a director. The Governor shall appoint the director, a chief deputy director, and a chief counsel, and these appointees shall hold office at the pleasure of the Governor. The appointment of the director shall be subject to confirmation by the Senate. (c) The director shall be solely responsible for selecting persons for career executive assignment positions and other noncivil service managers for the department. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
  152. 15570.100.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 7. Operative Date [15570.100- 15570.100.] ( Chapter 7 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    This part becomes operative on July 1, 2017.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 7. Operative Date [15570.100- 15570.100.] ( Chapter 7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.100. This part shall become operative on July 1, 2017. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Note: Operative date provision applies to Part 8.7, commencing with Section 15570.)
  153. 15570.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 1. Administration [15570 - 15570.4] ( Chapter 1 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    The department and the director have the same duties, powers, and responsibilities as state departments and department heads under Chapter 2, unless another law or this part says otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 1. Administration [15570 - 15570.4] ( Chapter 1 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.2. Except as otherwise provided by this part or any other law, the department and the director shall have all of the duties, powers, and responsibilities applicable to state departments and heads of departments under Chapter 2 (commencing with Section 11150) of Part 1. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
  154. 15570.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 2. Definitions [15570.20- 15570.20.] ( Chapter 2 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    This section defines “Board” and “Department” for this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 2. Definitions [15570.20- 15570.20.] ( Chapter 2 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.20. For the purposes of this part, the following terms shall have the following meanings: (a) “Board” means the State Board of Equalization. (b) “Department” means the California Department of Tax and Fee Administration. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
  155. 15570.22.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 3. Transfer of Duties, Powers, and Responsibilities [15570.22 - 15570.31] ( Chapter 3 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    The department succeeds to the board’s duties, powers, and responsibilities, except where specified exceptions apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 3. Transfer of Duties, Powers, and Responsibilities [15570.22 - 15570.31] ( Chapter 3 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.22. Except as provided in subdivision (b) or (c) of Section 15600 and Part 9.5 (commencing with Section 15670), the department is the successor to, and is vested with, all of the duties, powers, and responsibilities of the board. All laws prescribing the duties, powers, and responsibilities of the board to which the department succeeds, together with all lawful rules and regulations established under those laws, are expressly continued in force, including, but not limited to, existing processes and remedies available to a taxpayer or feepayer such as settlement options and appeals processes. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
  156. 15570.24.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 3. Transfer of Duties, Powers, and Responsibilities [15570.22 - 15570.31] ( Chapter 3 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    This section says references to the board are generally treated as references to the department for transferred functions, pending actions continue in the department’s name, and certain board-issued permits or registrations are treated as department authorizations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 3. Transfer of Duties, Powers, and Responsibilities [15570.22 - 15570.31] ( Chapter 3 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.24. (a) Except as specified in Part 9.5 (commencing with Section 15670), and unless the context clearly requires otherwise, whenever any reference to the board appears in any statute, regulation, or contract, or in any other code, with respect to any of the functions transferred to the department pursuant to Section 15570.22, it shall be deemed to refer to the department. (b) Consistent with Section 15570.22, an action to which the board is a party shall not abate by reason of this part but shall continue in the name of the department, and the department shall be substituted for the State Board of Equalization by the court wherein the action is pending. The substitution shall in no way affect the rights of the parties to the action. (c) Consistent with Section 15570.22, any permit, registration, or other authorization issued by the board and in effect on June 30, 2017, shall be deemed on and after July 1, 2017, to be a permit, registration, or other authorization of the department. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
  157. 15570.26.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 3. Transfer of Duties, Powers, and Responsibilities [15570.22 - 15570.31] ( Chapter 3 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    Employees tied to transferred functions move to the department, and related rights, property, funds, and liabilities are reassigned as stated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 3. Transfer of Duties, Powers, and Responsibilities [15570.22 - 15570.31] ( Chapter 3 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.26. (a) All employees serving in state civil service, including temporary employees, who are engaged in the performance of functions transferred to the department pursuant to Section 15570.22 are transferred to the department. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions the duties of which are vested in a position exempt from civil service. The personnel records of all transferred employees shall be transferred to the department. (b) Consistent with Section 15570.22, the department shall succeed to all of the rights and property of the board. The property of any office, agency, or other entity of state government related to functions transferred to the department is transferred to the department. If any doubt arises as to where that property is transferred, the Department of General Services shall determine where the property is transferred. (c) All unexpended balances of appropriations and other funds available for use in connection with any function or the administration of any law transferred to the department shall be transferred to the department for the use and for the purpose for which the appropriation was originally made or the funds were originally available. If there is any doubt as to where those balances and funds are transferred, the Department of Finance shall determine where the balances and funds are transferred. (d) The department is subject to all the debts and liabilities of the board, other than those retained by the board in connection with its duties, powers, and responsibilities under subdivision (b) or (c) of Section 15600, as if the department had incurred them. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
  158. 15570.28.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 3. Transfer of Duties, Powers, and Responsibilities [15570.22 - 15570.31] ( Chapter 3 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    The department must provide the board with administrative and personnel services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 3. Transfer of Duties, Powers, and Responsibilities [15570.22 - 15570.31] ( Chapter 3 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.28. The department shall provide the board with administrative and personnel services. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
  159. 15570.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 3. Transfer of Duties, Powers, and Responsibilities [15570.22 - 15570.31] ( Chapter 3 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    The Department of Finance must make the final determination on budgetary and accounting transactions and treatments for this transfer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 3. Transfer of Duties, Powers, and Responsibilities [15570.22 - 15570.31] ( Chapter 3 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.30. The Department of Finance shall make the final determination of the budgetary and accounting transactions and treatments to ensure the proper implementation of the transfer of duties, powers, and responsibilities from the board to the department pursuant to this part. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
  160. 15570.31.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 3. Transfer of Duties, Powers, and Responsibilities [15570.22 - 15570.31] ( Chapter 3 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    The department and the board may, by agreement, delegate, share, assist with, or transfer administrative responsibilities for tax and fee programs within their respective powers, but they may not transfer jurisdiction over those programs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 3. Transfer of Duties, Powers, and Responsibilities [15570.22 - 15570.31] ( Chapter 3 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.31. Notwithstanding any other law, this part shall not limit the authority of, and expressly authorizes, the department and the board to delegate, share, provide assistance for, or transfer between themselves administrative responsibilities for tax and fee programs within the department’s and the board’s respective duties, powers, and responsibilities pursuant to an agreement. However, the agreement between the department and the board shall not transfer jurisdiction over any of the tax and fee programs that are the subject of the agreement. (Added by Stats. 2018, Ch. 37, Sec. 26. (AB 1817) Effective June 27, 2018.)
  161. 15570.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 1. Administration [15570 - 15570.4] ( Chapter 1 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    The director may confer with government officers or employees, or other people who can assist the department, either in California or elsewhere, personally or through department staff.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 1. Administration [15570 - 15570.4] ( Chapter 1 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.4. The director may confer, in this state or elsewhere, either personally or through the department’s staff, with officers or employees of this state, its political subdivisions, other states, their political subdivisions, or the United States, or those other persons as may be of assistance to the department in its work. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
  162. 15570.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 4. Regulations [15570.40 - 15570.42] ( Chapter 4 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    The department may adopt regulations needed to carry out this part, and certain pre-2022 department-issued standards and regulations are exempt from Chapter 3.5. It also gets a temporary exemption, until January 1, 2019, for emergency regulations tied to this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 4. Regulations [15570.40 - 15570.42] ( Chapter 4 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.40. (a) The department may adopt regulations as necessary or appropriate to carry out the purposes of this part. (b) Chapter 3.5 (commencing with Section 11340) of Part 1 shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the department before January 1, 2022, including, but not limited to, any regulation adopted, amended, or repealed by the department and filed with the Office of Administrative Law before January 1, 2022. (c) Until January 1, 2019, the adoption and readoption of emergency regulations to carry out the department’s duties, powers, and responsibilities pursuant to this part shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law. (Amended by Stats. 2021, Ch. 432, Sec. 6. (SB 824) Effective January 1, 2022.)
  163. 15570.42.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 4. Regulations [15570.40 - 15570.42] ( Chapter 4 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    The department must adopt regulations for access to public records and make them support maximum public accessibility.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 4. Regulations [15570.40 - 15570.42] ( Chapter 4 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.42. Pursuant to Article 1 (commencing with Section 7922.630) of Chapter 2 of Part 3 of Division 10 of Title 1, the department shall adopt regulations to establish procedures and guidelines to access public records. These regulations shall facilitate maximum public accessibility to the department’s public records. These regulations shall specifically identify and describe the types of public records pertaining to the tax and the fee programs administered by the department. (Amended by Stats. 2021, Ch. 615, Sec. 181. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  164. 15570.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 4.5. Appeals Conferences [15570.50 - 15570.54] ( Chapter 4.5 added by Stats. 2017, Ch. 252, Sec. 3. )

    Verify source ↗

    Appeals conferences must continue to be conducted in the same manner as before the transfer of duties, powers, and responsibilities to the department.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 4.5. Appeals Conferences [15570.50 - 15570.54] ( Chapter 4.5 added by Stats. 2017, Ch. 252, Sec. 3. ) ## 15570.50. Appeals conferences shall continue to be conducted in the same manner as before the duties, powers, and responsibilities were transferred to the department pursuant to Section 15570.22. (Added by Stats. 2017, Ch. 252, Sec. 3. (AB 131) Effective September 16, 2017.)
  165. 15570.52.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 4.5. Appeals Conferences [15570.50 - 15570.54] ( Chapter 4.5 added by Stats. 2017, Ch. 252, Sec. 3. )

    Verify source ↗

    Certain regulations continue to apply to appeals conferences, and the department may change regulations as needed to carry out the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 4.5. Appeals Conferences [15570.50 - 15570.54] ( Chapter 4.5 added by Stats. 2017, Ch. 252, Sec. 3. ) ## 15570.52. Consistent with Section 15570.22, the regulations contained in Article 6 (commencing with Section 5260) of Chapter 2 of Division 2.1 of Title 18 of the California Code of Regulations shall continue in force and shall apply to appeals conferences within the department’s jurisdiction. However, pursuant to Chapter 4 (commencing with Section 15570.40), the department may amend, repeal, or add regulations as necessary or appropriate to carry out this chapter. (Added by Stats. 2017, Ch. 252, Sec. 3. (AB 131) Effective September 16, 2017.)
  166. 15570.54.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 4.5. Appeals Conferences [15570.50 - 15570.54] ( Chapter 4.5 added by Stats. 2017, Ch. 252, Sec. 3. )

    Verify source ↗

    If the department denies relief in an appeals conference, the person who requested relief may then request a hearing before a tax appeals panel in the Office of Tax Appeals.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 4.5. Appeals Conferences [15570.50 - 15570.54] ( Chapter 4.5 added by Stats. 2017, Ch. 252, Sec. 3. ) ## 15570.54. A person requesting relief in an appeals conference may thereafter request a hearing before a tax appeals panel in the Office of Tax Appeals if the department denies the request for relief. (Added by Stats. 2017, Ch. 252, Sec. 3. (AB 131) Effective September 16, 2017.)
  167. 15570.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 5. Procedures [15570.60 - 15570.66] ( Chapter 5 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    The department may, for good cause, extend a required report filing deadline by up to 30 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 5. Procedures [15570.60 - 15570.66] ( Chapter 5 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.60. For good cause shown, the department may extend for not more than 30 days the time fixed for filing any report required by it. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
  168. 15570.62.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 5. Procedures [15570.60 - 15570.66] ( Chapter 5 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    The department may set a uniform policy for accepting late-postmarked mail submissions, but only when needed to support voluntary compliance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 5. Procedures [15570.60 - 15570.66] ( Chapter 5 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.62. The department, whenever it deems it necessary to ensure voluntary compliance with the due dates prescribed by law for submission of any remittance, claim for credit or refund, document, return, or other information delivered to the department through the United States mail or through a bona fide commercial delivery service, may establish a uniform policy for the acceptance of the remittance, claim for credit or refund, document, return, or other information in cases where the cancellation mark stamped upon the envelope containing the remittance, claim for credit or refund, document, return, or other information shows a date after the date specified in law. This policy shall not be construed as an extension of the prescribed time limits for remitting payments, filing claims for refund or credit, submitting documents, returns, or other information. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
  169. 15570.64.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 5. Procedures [15570.60 - 15570.66] ( Chapter 5 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    The department may sell copies of certain tax-and-fee-law compilations, maps, and other documents.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 5. Procedures [15570.60 - 15570.66] ( Chapter 5 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.64. The department may sell copies of compilations of the tax and fee laws of the state, maps, and other documents. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
  170. 15570.66.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 5. Procedures [15570.60 - 15570.66] ( Chapter 5 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    The department may obtain copies of licensees’ fullface engraved pictures or photographs from the Department of Motor Vehicles.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 5. Procedures [15570.60 - 15570.66] ( Chapter 5 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.66. Notwithstanding Section 1808.5 of the Vehicle Code, the department may obtain copies of fullface engraved pictures or photographs of licensees directly from the Department of Motor Vehicles for the purposes of enforcing its duties, powers, and responsibilities described in Section 15570.22. (Added by Stats. 2017, Ch. 252, Sec. 4. (AB 131) Effective September 16, 2017.)
  171. 15570.80.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 6. Inspections and Examinations [15570.80 - 15570.84] ( Chapter 6 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    The department may require certain knowledgeable people to appear, bring relevant books or records, and testify under oath.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 6. Inspections and Examinations [15570.80 - 15570.84] ( Chapter 6 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.80. The department may require anybody having knowledge of the business of any person who is subject to its jurisdiction, or having the custody of the books, accounts, and papers of that person, to attend before it and bring with him or her for inspection any books, accounts, or papers of that person in his or her possession and under his or her control, and to testify under oath touching any matter relating to the organization or business of that person. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
  172. 15570.82.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 6. Inspections and Examinations [15570.80 - 15570.84] ( Chapter 6 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    The director may examine books, accounts, and papers of certain reporting persons and people who know about their affairs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 6. Inspections and Examinations [15570.80 - 15570.84] ( Chapter 6 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.82. The director may examine the books, accounts, and papers of all persons required to report to him or her, or having knowledge of the affairs of those required to report. (Added by Stats. 2017, Ch. 16, Sec. 5. (AB 102) Effective June 27, 2017. Operative July 1, 2017, pursuant to Section 15570.100.)
  173. 15570.84.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 6. Inspections and Examinations [15570.80 - 15570.84] ( Chapter 6 added by Stats. 2017, Ch. 16, Sec. 5. )

    Verify source ↗

    Certain tax department officials and anyone who learned the information from them must not disclose specified confidential business information, except where this section allows it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 8.7. California Department of Tax and Fee Administration [15570 - 15570.100] ( Part 8.7 added by Stats. 2017, Ch. 16, Sec. 5. ) ## CHAPTER 6. Inspections and Examinations [15570.80 - 15570.84] ( Chapter 6 added by Stats. 2017, Ch. 16, Sec. 5. ) ## 15570.84. (a) The director, chief deputy director, or any person who has at any time obtained any knowledge described below from any of the foregoing officers shall not divulge or make known in any manner not provided by law, any of the following items of information concerning the business affairs of companies reporting to the department: (1) Any information concerning the business affairs of any company that is gained during an examination of its books and accounts or in any other manner, and is not required by law to be reported to the department. (2) Any information, other than the assessment and the amount of taxes or fees levied, obtained by the department in accordance with law from any company other than one for which that information is required by law to be made public. (3) Any particular item of information relating to the disposition of its earnings contained in the report of a quasi-public corporation that the corporation, by written communication specifying the items and presented at the time when it files its report, requests to be treated as confidential. (b) Nothing in this section shall be construed as preventing examination of these records and reports by law enforcement agencies, grand juries, boards of supervisors, or their duly authorized agents, and other duly authorized legislative or administrative bodies of the state pursuant to their authorization to examine these records and reports. (c) The Governor may authorize examination of these records and reports by other state officers. In that event, the information obtained by these persons shall not be made public. The Governor, however, may direct that any of the information referred to in this section shall be made public. (d) Successors, receivers, trustees, executors, administrators, assignees, and guarantors, if directly interested, may be given information as to the items described in this section and any unpaid tax or fee amount or any tax or fee amounts required to be collected, interest, and penalties. (e) Any violation of this section is a misdemeanor and punishable by a fine not to exceed one thousand dollars ($1,000), or by imprisonment not to exceed six months, or both, at the discretion of the court. (f) The department may disclose to persons described in paragraphs (1) to (4), inclusive, the information set forth in paragraphs (1) to (3), inclusive, of subdivision (a) solely for use in an action or proceeding affecting the personnel rights of an employee or former employee, or in preparation of the action or proceeding, but only to the extent the department determines that the information is, or may be, relevant and material to the action or proceeding. The information set forth in paragraphs (1) to (3), inclusive, of subdivision (a) may be disclosed pursuant to this section to any of the following persons: (1) An employee or former employee of the department who is, or may be, a party to an administrative action or proceeding affecting the personnel rights of that employee or former employee. (2) Upon written request by the employee or former employee of the department, to the employee’s or former employee’s duly authorized legal representative. (3) Officers and employees of the department for use in any action or proceeding affecting the rights of an employee or former employee, to the extent necessary to advance or protect the interests of the State of California. (4) An administrative law judge, administrative board member, judge, or justice, or authorized officer or employee thereof, in connection with an administrative hearing, adjudication, or appeal thereof, related to an action or proceeding affecting the personnel rights of an employee or former employee of the department. (g) For the purposes of this section, “an action or proceeding affecting the personnel rights of an employee or former employee of the department” means an action or proceeding arising under either of the following: (1) The State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5). (2) The Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1). (h) Any unauthorized disclosure by a person described in paragraphs (1) to (4), inclusive, of subdivision (f) of any information set forth in paragraphs (1) to (3), inclusive, of subdivision (a) disclosed to that person pursuant to this section shall be subject to criminal penalty and civil liability for that unauthorized disclosure. (Amended by Stats. 2017, Ch. 252, Sec. 5. (AB 131) Effective September 16, 2017.)
  174. 15600.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    The State Board of Equalization keeps only the duties and powers listed here, including limited tax functions, some transition appeal authority, employee retention rules, and restrictions on board members.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15600. (a) There is in state government the State Board of Equalization. (b) The board shall continue to only have the following duties, powers, and responsibilities: (1) The review, equalization, or adjustment of a property tax assessment pursuant to Section 11 of Article XIII of the California Constitution, and any duty, power, or responsibility conferred by statute on the board in connection with that review, equalization, or adjustment. (2) The measurement of county assessment levels and adjustment of secured local assessment rolls pursuant to Section 18 of Article XIII of the California Constitution, and any duty, power, or responsibility conferred by statute on the board in connection with that measurement and adjustment. (3) The assessment of pipelines, flumes, canals, ditches, and aqueducts lying within two or more counties and property, except franchises, owned or used by regulated railway, telegraph, or telephone companies, car companies operating on railways in the state, and companies transmitting or selling gas or electricity pursuant to Section 19 of Article XIII of the California Constitution, as well as the equalization of that assessment, and any duty, power, or responsibility conferred by statute on the board in connection with that assessment. (4) The assessment of taxes on insurers pursuant to Section 28 of Article XIII of the California Constitution and any duty, power, or responsibility conferred by statute on the board in connection with that assessment and equalization. (5) The assessment and collection of excise taxes on the manufacture, importation, and sale of alcoholic beverages in this state pursuant to Section 22 of Article XX of the California Constitution, and any duty, power, or responsibility conferred by statute on the board in connection with that assessment and collection. (6) The administration of the welfare exemption provided by Section 214 of the Revenue and Taxation Code and the veterans’ organization exemption provided by Section 215.1 of the Revenue and Taxation Code, including issuing an organizational clearance certificate and reviewing assessors’ administration of those exemptions as required pursuant to Sections 254.5 and 254.6 of the Revenue and Taxation Code. (7) The responsibility for receiving a change in ownership statement required to be filed due to a change in control or a change in ownership of a corporation, partnership, limited liability company, or other legal entity pursuant to Sections 480.1 and 480.2, respectively, of the Revenue and Taxation Code. (8) The administration of Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, commonly known as the Tax-Rate Area System. (c) The board shall retain the duty to adjust the rate of the motor vehicle fuel tax pursuant to subdivision (b) of Section 7360 of the Revenue and Taxation Code for the 2018–19 fiscal year. (d) (1) In order to ensure a seamless transition from the State Board of Equalization to the Office of Tax Appeals in the conduct of appeals hearings on and after January 1, 2018, pursuant to Part 9.5 (commencing with Section 15670), the State Board of Equalization, consistent with subdivision (b) of Section 15674, shall continue to have the legal authority to hear, determine, decide, or take any other action with respect to an appeal, as defined in subdivision (a) of Section 15671, regarding matters for which the duties, powers, and responsibilities are transferred to the Office of Tax Appeals pursuant to Section 15672, only if both of the following are satisfied: (A) The hearing, determination, decision, or any other action with respect to an appeal is placed on the calendar of a meeting of the State Board of Equalization to be held before January 1, 2018. (B) The appeal is heard, determined, decided, or is otherwise final before January 1, 2018. (2) On and after January 1, 2018, the State Board of Equalization shall have no legal authority to, and shall not, regarding matters for which the duties, powers, and responsibilities are transferred to the Office of Tax Appeals pursuant to Section 15672, conduct an appeals hearing, make a determination, issue or publish a decision on an appeal, or take any other action with respect to an appeal heard at a meeting of the State Board of Equalization before January 1, 2018, for which the State Board of Equalization’s hearing, determination, decision, or any other action is, for any reason, not final before January 1, 2018. (e) (1) (A) The board shall retain all employees serving in state civil service, including temporary employees, who are engaged in the performance of functions described in subdivision (b). The status, positions, and rights of those persons shall not be affected by their retention and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions the duties of which are vested in a position exempt from civil service. (B) Notwithstanding subparagraph (A), all employees serving in state civil service, including temporary employees, who are engaged in the performance of functions described in paragraph (6), (7), or (8) of subdivision (b) that were transferred to the California Department of Tax and Fee Administration pursuant to Section 15570.26 shall be transferred back to the board. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions the duties of which are vested in a position exempt from civil service. The personnel records of all employees transferred pursuant to this subparagraph shall be transferred to the board. (C) The board shall succeed to all the rights and property of the California Department of Tax and Fee Administration that relate to the performance of functions described in paragraphs (6), (7), and (8) of subdivision (b) and all those related rights and property shall be transferred back to the board. The Department of General Services shall determine where the property is transferred, if necessary. (2) The board also may employ civil service staff persons to carry out the duties, powers, and responsibilities described in subdivision (b) as approved by the Legislature through the budget. (3) The board shall retain the authority to appoint an executive director and prescribe and enforce the executive director’s duties pursuant to Section 15604. (f) Each member of the board elected by the voters of an equalization district shall have only one office in Sacramento and one district office. (g) Each board member elected by the voters of an equalization district shall have a staff consisting of two staff persons who are exempt from civil service pursuant to Section 4 of Article VII of the California Constitution and any other civil service positions approved by the Legislature through the budget. (h) (1) A board member does not have authority to appoint, remove, discipline, assign, reassign, promote, demote, or issue orders to any employee of the board, including, but not limited to, the career executive assignment positions and other noncivil service managers. (2) The executive director is solely responsible for selecting persons for career executive assignment positions and other noncivil service managers for the board. (i) A board member shall not modify or approve a budget change proposal for the board or the California Department of Tax and Fee Administration. The executive director shall modify or approve all budget change proposals for the board. (j) A board member shall not interfere with or influence the process of the board’s or the California Department of Tax and Fee Administration’s legislative analyses, revenue analyses, or any other form of technical assistance requested by the Governor or the Legislature. (k) All board member procurements shall be processed through the Department of General Services. (l) (1) A member of the board shall not represent a person in a hearing before the board before one year after the expiration of the member’s term on the board or one year after separation from the board. (2) The staff of a member of the board shall not represent a person in a hearing before the board before one year after separation from employment with that member. (m) This section shall become operative on July 1, 2017. (Amended by Stats. 2020, Ch. 370, Sec. 145. (SB 1371) Effective January 1, 2021.)
  175. 15601.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    For this part, “secretary” means “executive director.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15601. For purposes of this part, the term “secretary” means “executive director.” (Added by Stats. 2017, Ch. 16, Sec. 7. (AB 102) Effective June 27, 2017.)
  176. 15602.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    A Board of Equalization member must remain an inhabitant of the district for which they were chosen, unless they were duly qualified when elected or appointed and the district boundaries later change.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15602. If a person who is chosen as a member of the State Board of Equalization is not an inhabitant of the district for which he is chosen, or if a member of that board ceases to be an inhabitant of the district for which he is chosen, a vacancy occurs in the board, but a member duly qualified at the time of his election or appointment shall not during his term of office become disqualified because of any change which the Legislature makes in the boundaries of the equalization districts. (Added by Stats. 1951, Ch. 655.)
  177. 15603.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

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    State Board of Equalization members must devote their entire time to state service while carrying out duties imposed by the Constitution and state statutes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15603. The annual salary of each member of the State Board of Equalization representing one of the equalization districts of the state is provided for by Chapter 6 (commencing with Section 11550) of Part 1. The member shall devote his or her entire time to the services of the state in performing the duties imposed upon the board and its members by the Constitution and statutes of this state. (Amended by Stats. 1982, Ch. 454, Sec. 60.)
  178. 15604.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

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    The board may appoint its secretary, set and enforce the secretary’s duties, and hire expert and clerical assistants if needed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15604. The board may appoint its secretary and prescribe and enforce his duties. The secretary shall hold office during the pleasure of the board and shall receive such compensation as the board prescribes. It may employ such expert and clerical assistants as it deems necessary in the performance of its powers and duties. (Added by Stats. 1951, Ch. 655.)
  179. 15605.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    The secretary must keep the board’s records, do certain county review and reporting tasks when required, prepare an annual report to the Governor, and may administer and certify oaths anywhere in the state.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15605. The secretary shall keep an accurate record of the proceedings of the board in a book specially provided for such purpose. When required by the board or the chairman he shall visit the several counties, collect data and information relative to the assessment of property or railway property in the county, consult and advise with all officers charged with enforcement of the revenue laws, and report such data and information to the board. Annually he shall prepare the report of the board to the Governor, and when printed shall distribute the report as required by law and as directed by the board. He shall do and perform all other acts and things enjoined by law or required by the board. The secretary is a civil executive officer and is authorized to administer and certify oaths in any county in the State. (Added by Stats. 1951, Ch. 655.)
  180. 15606.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    The State Board of Equalization must make rules, keep records, issue forms and instructions, and may sue to enforce compliance with property tax assessment laws; the Attorney General must represent the board in that action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15606. The State Board of Equalization shall do all of the following: (a) Prescribe rules for its own government and for the transaction of its business. (b) Keep a record of all its proceedings. (c) Prescribe rules and regulations to govern local boards of equalization when equalizing, and assessors when assessing, including uniform procedures for the consideration and adoption of written findings of fact by local boards of equalization as required by Section 1611.5 of the Revenue and Taxation Code. (d) Prescribe and enforce the use of all forms for the assessment of property for taxation, including forms to be used for the application for reduction in assessment. (e) Prepare and issue instructions to assessors designed to promote uniformity throughout the state and its local taxing jurisdictions in the assessment of property for the purposes of taxation. It may adapt the instructions to varying local circumstances and to differences in the character and conditions of property subject to taxation as in its judgment is necessary to attain this uniformity. (f) Subdivisions (c), (d) and (e) shall include, but are not limited to, rules, regulations, instructions, and forms relating to classifications of kinds of property and evaluation procedures. (g) Prescribe rules and regulations to govern local boards of equalization when equalizing and assessors when assessing with respect to the assessment and equalization of possessory interests. (h) Bring an action in a court of competent jurisdiction to compel an assessor or any city or county tax official to comply with any provision of law, or any rule or regulation of the board adopted in accordance with subdivision (c), governing the assessment or taxation of property. The Attorney General shall represent the board in the action. This section is mandatory. (Amended by Stats. 1985, Ch. 106, Sec. 52.)
  181. 15606.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    Section 15606.1 says the Section 15606 duties, rules, regulations, and instructions must include provisions for mobilehomes and floating homes that are subject to local property taxation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15606.1. The duties, rules, regulations, and instructions as specified in Section 15606 shall include provisions for mobilehomes and floating homes which are subject to local property taxation. (Amended by Stats. 2016, Ch. 366, Sec. 9. (SB 974) Effective January 1, 2017.)
  182. 15606.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    A regulation prescribed by the board becomes operative only if the board approves its adoption.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15606.5. Notwithstanding any other provision of law, any regulation to be prescribed by the board shall become operative only if the board itself approves adoption of the regulation. (Added by Stats. 1990, Ch. 987, Sec. 1.)
  183. 15606.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    The board must provide training for assessors and their staffs under Sections 15606 and 15608, and the training is nonreimbursable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15606.7. Training of assessors and their staffs under Sections 15606 and 15608 shall be provided by the board on a nonreimbursable basis. (Added by renumbering Section 15606.5 (as added by Stats. 1967, Ch. 1167) by Stats. 2013, Ch. 76, Sec. 89. (AB 383) Effective January 1, 2014.)
  184. 15607.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    The board must summon assessors to meet with it or its authorized representatives at least once each year, at places in the state it designates.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15607. The board shall summon assessors to meet with it or its duly authorized representatives at least once annually, at places within the state it designates, to study or discuss problems of administration of assessment and taxation laws and to promote uniformity of procedure in tax matters throughout the state. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 147.)
  185. 15608.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    The board must instruct, advise, and direct assessors about their duties under the laws, and it may seek the Attorney General’s opinion on related legal questions when it considers it necessary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15608. The board shall instruct, advise, and direct assessors as to their duties under the laws. It may obtain the opinion of the Attorney General upon any questions of law relating to such duties in such cases as it deems necessary. (Amended by Stats. 1967, Ch. 1369.)
  186. 15609.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    The board must hold monthly regular meetings within the state, with at least one regular meeting in Sacramento each quarter. It may also hold special meetings, and the chairperson sets the times and places.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15609. The board shall hold regular meetings each month at times and places within the state as the chairperson directs. At least one regular meeting shall be held in Sacramento each quarter. The board may hold special meetings at such times and places as the chairperson directs. At any meeting the board may transact any and all business and perform all duties imposed upon it and give and enter any and all orders and decrees within its jurisdiction. (Amended by Stats. 2009, Ch. 67, Sec. 1. (SB 824) Effective January 1, 2010.)
  187. 15609.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    Most of Chapters 4.5 and 5 of Part 1 do not apply to the board, but ex parte communications must still be restricted under Article 7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15609.5. (a) Notwithstanding Section 11425.10 and except as specified in subdivision (b), Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 do not apply to the board. (b) Ex parte communications shall be restricted as provided in Article 7 (commencing with Section 11430.10) of Chapter 4.5 of Part 1. (c) This section shall become operative on July 1, 2017. (Repealed (in Sec. 9) and added by Stats. 2017, Ch. 16, Sec. 10. (AB 102) Effective June 27, 2017. Section operative July 1, 2017, by its own provisions.)
  188. 15610.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    The board may confer with government officers, employees, and other helpful persons, either in California or elsewhere, and may do so as a board, individually, or through its staff.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15610. The board may confer, in this State or elsewhere, either as a board, individually, or through its staff, with officers or employees of this State, its political subdivisions, other states, their political subdivisions, or the United States, or such other persons as may be of assistance to the board in its work. (Added by Stats. 1951, Ch. 655.)
  189. 15611.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    The board may visit counties and cities, or send its secretary or a representative, when it thinks necessary, to inspect property, learn its value, and gather information for equalizing assessments and levying taxes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15611. Whenever the board deems it necessary, it may visit as a board or by its individual members, or may send its secretary or duly appointed representative to, the several counties and cities to inspect property, learn its value, and collect information to enable it to equalize assessments and levy the taxes as required by law. (Added by Stats. 1951, Ch. 655.)
  190. 15612.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    The board may inspect local officers’ work on property assessment and tax collection, and may require those officers to produce records and give testimony.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15612. The board may inspect, either as a board, individually, or by its duly appointed representative, the work of any local officers whose duties relate to the assessment of property for taxation and the collection of taxes. It may require such officers to produce any records in their custody, including, but not limited to, records relating to the assessment of specific properties and give testimony with reference to such matters of assessment and tax collecting as it deems useful to it in its investigations. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 147.)
  191. 15613.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    The board may issue subpoenas for witnesses and records, and a board member or the secretary must sign them; any person may serve them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15613. The board may issue subpenas for the attendance of witnesses or the production of books, records, accounts, and papers before it, its secretary, any of its members, or any representative designated by it. Such subpenas shall be signed by a member of the board or its secretary, and may be served by any person. (Added by Stats. 1951, Ch. 655.)
  192. 15614.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    A duly subpoenaed person must attend, produce requested records, and answer pertinent questions; refusing or neglecting to do so is contempt and can be punished with a fine, jail, or both.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15614. Any person duly subpoenaed who refuses or neglects to attend as a witness, or to produce any books, records, accounts, or papers in that person’s possession, custody, or control, in response to the subpoena or who refuses to answer any question pertinent to the matter under investigation by the board put to the person by any member of the board, its secretary, or designated representative, is guilty of contempt, and may be punished by a court of competent jurisdiction by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding five days, or by both such fine and imprisonment. (Amended by Stats. 2021, Ch. 50, Sec. 120. (AB 378) Effective January 1, 2022.)
  193. 15615.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    A person served with a subpoena who ignores it without just excuse, or an officer who disobeys board rules or assigned duties, forfeits $500 to the State.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15615. Every person served with a subpena who fails or neglects without just excuse to obey it, and every officer who refuses to obey the rules prescribed by the board or to perform the duties prescribed in the rules, forfeits to the State five hundred dollars ($500), to be recovered by action in the name of the board. Such action may be commenced and tried in any county of the State. (Added by Stats. 1951, Ch. 655.)
  194. 15616.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    The board must submit an annual report to the Governor, and the report must be printed at state expense.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15616. The board shall report annually to the Governor, the report to be printed at state expense. The report shall show: (a) The assessed value of state-assessed and locally assessed real and personal property in each county and the assessed value of state-assessed and locally assessed property in each incorporated city or town. (b) Information concerning other taxes which it administers. (c) Such further information and suggestions as it shall deem proper. (Amended by Stats. 1982, Ch. 327, Sec. 45. Effective June 30, 1982.)
  195. 15617.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    The board may require certain people to appear, bring records, and testify under oath about a person’s business or organization.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15617. The board may require anybody having knowledge of the business of any person who is or whose property is subject to assessment by it, or having the custody of the books, accounts, and papers of that person, to attend before it, or any of its members, and bring for inspection any books, accounts, or papers, of that person in that person’s possession and under that person’s control, and to testify under oath touching any matter relating to the organization or business of that person. (Amended by Stats. 2021, Ch. 50, Sec. 121. (AB 378) Effective January 1, 2022.)
  196. 15618.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

    Verify source ↗

    The board may examine books, accounts, and papers of people who must report to it, or of people who know about those reporters’ affairs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15618. The board may examine, as a board, individually, or through its staff, the books, accounts, and papers of all persons required to report to it, or having knowledge of the affairs of those required so to report. (Added by Stats. 1951, Ch. 655.)
  197. 15618.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

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    The board may obtain copies of licensees’ fullface engraved pictures or photographs from the Department of Motor Vehicles.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15618.5. Notwithstanding Section 1808.5 of the Vehicle Code, the board, as a board, individually, or through its staff, may obtain copies of fullface engraved pictures or photographs of licensees directly from the Department of Motor Vehicles for the purposes of enforcing the duties, powers, and responsibilities described in Section 15600. (Added by Stats. 2017, Ch. 252, Sec. 7. (AB 131) Effective September 16, 2017.)
  198. 15619.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

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    Certain current and former state board, controller, and related persons must not disclose covered company information except as allowed by law; the Governor may authorize examination or make the information public.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15619. Any member or ex-member of the State Board of Equalization, or any agent employed by it, or the Controller, or ex-Controller, or any person employed by the Controller or ex-Controller, or any person who has at any time obtained knowledge from any of the foregoing officers or persons shall not divulge or make known in any manner not provided by law, any of the following items of information concerning the business affairs of companies reporting to the board: (a) Any information concerning the business affairs of any company that is gained during an examination of its books and accounts or in any other manner, and is not required by law to be reported to the State Board of Equalization. (b) Any information, other than the assessment and the amount of taxes levied, obtained by the State Board of Equalization in accordance with law from any company other than one concerning which that information is required by law to be made public. (c) Any particular item of information relating to the disposition of its earnings contained in the report of a quasi-public corporation that the corporation, by written communication specifying the items and presented at the time when it files its report, requests shall be treated as confidential. Nothing in this section shall be construed as preventing examination of these records and reports by law enforcement agencies, grand juries, boards of supervisors, or their duly authorized agents, employees or representatives conducting an investigation of an assessor’s office pursuant to Section 25303, and other duly authorized legislative or administrative bodies of the state pursuant to their authorization to examine these records. Successors, receivers, trustees, executors, administrators, assignees, and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest, and penalties. The Governor may authorize examination of these reports by other state officers. In that event the information obtained by these persons shall not be made public. The Governor, however, may direct that any of the information referred to in this section shall be made public. Any violation of this section is a misdemeanor and punishable by a fine not to exceed one thousand dollars ($1,000), or by imprisonment not to exceed six months, or both, at the discretion of the court. (Amended by Stats. 2021, Ch. 50, Sec. 122. (AB 378) Effective January 1, 2022.)
  199. 15620.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

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    The board may extend, for up to 30 days, the time for filing a required report if it enters an order on its minutes and good cause is shown.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15620. By order entered upon its minutes and for good cause shown, the board may extend for not exceeding 30 days the time fixed for filing any report required by it. (Added by Stats. 1951, Ch. 655.)
  200. 15620.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. )

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    The board may set a uniform policy for accepting late-mailed remittances and related filings when the envelope cancellation mark is after the legal due date, but this policy cannot be treated as extending the legal deadline.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 9. STATE BOARD OF EQUALIZATION [15600 - 15653] ( Part 9 added by Stats. 1951, Ch. 655. ) ## CHAPTER 1. General [15600 - 15626] ( Chapter 1 added by Stats. 1951, Ch. 655. ) ## 15620.5. The board, whenever it deems it necessary to ensure voluntary compliance with the due dates prescribed by law for submission of any remittance, claim for credit or refund, document, return, or other information delivered to the board through the United States mail or through a bona fide commercial delivery service, may establish a uniform policy for the acceptance of the remittance, claim for credit or refund, document, return, or other information in cases where the cancellation mark stamped upon the envelope containing the remittance, claim for credit or refund, document, return, or other information shows a date after the date specified in law. This policy shall not be construed as an extension of the prescribed time limits for remitting payments, filing claims for refund or credit, submitting documents, returns, or other information. (Added by Stats. 1999, Ch. 929, Sec. 1. Effective January 1, 2000.)

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