Government Code — Part 17 | GOV — United States — California law | Esheria

Government Code

Part 17 of 107 · provisions 3,201–3,400

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. 15820.910.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. )

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    A participating county may give up a conditional award and reapply for one, if no state money has been encumbered in the county’s 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. ) ## 15820.910. A participating county that has received a conditional award under the financing program, as set forth in Chapter 3.11 (commencing with Section 15820.80), may relinquish its conditional award, provided that no state moneys have been encumbered in contracts let by the county, and may reapply for a conditional award under the financing program set forth in this chapter, as amended by the act adding this section. (Added by Stats. 2011, Ch. 23, Sec. 2. (AB 94) Effective May 10, 2011.)
  2. 15820.911.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. )

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    This section authorizes a county jail facility financing and construction process, requires a construction agreement, and assigns approval/oversight and CEQA lead-agency roles.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. ) ## 15820.911. (a) The Department of Corrections and Rehabilitation, a participating county, and the board are authorized to acquire, design, and construct a local jail facility approved by the Corrections Standards Authority pursuant to Section 15820.916, or a site or sites owned by, or subject to a lease or option to purchase held by, a participating county. The ownership interest of a participating county in the site or sites for a local jail facility must be determined by the board to be adequate for purposes of its financing in order to be eligible under this chapter. (b) Notwithstanding Section 15815, a participating county may acquire, design, or construct the local jail facility in accordance with its local contracting authority. Notwithstanding Section 14951, the participating county may assign an inspector during the construction of the project. (c) The department, a participating county, and the board shall enter into a construction agreement for these projects that shall provide, at a minimum, performance expectations of the parties related to the acquisition, design, construction, or renovation of the local jail facility; guidelines and criteria for use and application of the proceeds of revenue bonds, notes, or bond anticipation notes issued by the board to pay for the cost of the approved local jail facility project; and ongoing maintenance and staffing responsibilities for the term of the financing. (d) The construction agreement shall include a provision that the participating county agrees to indemnify, defend, and save harmless the State of California for any and all claims and losses arising out of the acquisition, design, and construction of the project. The construction agreement may also contain additional terms and conditions that facilitate the financing by the board. (e) The scope and cost of these approved local jail facility projects shall be subject to approval and administrative oversight by the board. (f) For purposes of compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), neither the board nor the department shall be deemed a lead or responsible agency; the participating county is the lead agency. (Amended by Stats. 2010, Ch. 328, Sec. 85. (SB 1330) Effective January 1, 2011.)
  3. 15820.912.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. )

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    After responsive construction bids are received and the project is certified, SPWB and CDCR may borrow project funds; if certain bonds or notes are not sold, CDCR must use enough of its support appropriation to repay the loans.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. ) ## 15820.912. Upon a participating county’s receipt of responsive construction bids, the SPWB and the CDCR may borrow funds for project costs after the project has been certified pursuant to Section 15820.91 from the Pooled Money Investment Account pursuant to Sections 16312 and 16313, or from any other appropriate source. In the event any of the revenue bonds, notes, or bond anticipation notes authorized by this chapter are not sold, the CDCR shall commit a sufficient amount of its support appropriation to repay any loans made for an approved project. (Added by Stats. 2007, Ch. 7, Sec. 5. Effective May 3, 2007.)
  4. 15820.913.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. )

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    The SPWB may issue up to $740,445,397 in revenue bonds, notes, or bond anticipation notes to finance approved local jail facilities, and the proceeds may reimburse participating counties for certain project 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. ) ## 15820.913. (a) The SPWB may issue up to seven hundred forty million four hundred forty-five thousand three hundred ninety-seven dollars ($740,445,397) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 of Part 10b of Division 3 of Title 2 (commencing with Section 15830) to finance the acquisition, design, or construction, and a reasonable construction reserve, of approved local jail facilities described in Section 15820.911, and any additional amount authorized under Section 15849.6 to pay for the cost of financing. (b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be used to reimburse a participating county for the costs of acquisition, preliminary plans, working drawings, and construction for approved projects. (c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.912 are continuously appropriated for purposes of this chapter. (Amended by Stats. 2022, Ch. 59, Sec. 1. (AB 202) Effective June 30, 2022.)
  5. 15820.914.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. )

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    The Legislature states that county jail capacity needs to increase and that expanding capacity supports public safety and this state funding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. ) ## 15820.914. In support of this state funding, the Legislature finds and declares all of the following: (a) The county jail system needs more capacity. (b) Without increased capacity, public safety throughout the state may be jeopardized by offenders who either remain in the community or are released early due to lack of jail capacity. (c) By expanding jail capacity, this funding will serve a critical state purpose by promoting public safety. (d) This purpose represents valuable consideration in exchange for this state action. (Added by Stats. 2009, 3rd Ex. Sess., Ch. 16, Sec. 13. Effective February 20, 2009.)
  6. 15820.915.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. )

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    With consent, the SPWB, CDCR, and a participating county may enter leases, subleases, and related agreements for a local jail facility; the participating county must indemnify, defend, and hold harmless the State for claims and losses tied to its use and occupancy.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. ) ## 15820.915. With the consent of the SPWB, the CDCR, and a participating county are authorized to enter into leases or subleases, as lessor or lessee, for any property or approved project and are further authorized to enter into contracts or other agreements for the use, maintenance, and operation of the local jail facility in order to facilitate the financing authorized by this chapter. In those leases, subleases, or other agreements, the participating county shall agree to indemnify, defend and hold harmless the State of California for any and all claims and losses accruing and resulting from or arising out of the participating county’s use and occupancy of the local jail facility. (Added by Stats. 2007, Ch. 7, Sec. 5. Effective May 3, 2007.)
  7. 15820.916.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. )

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    The CSA must follow its approval rules for local jail facilities, consider cost-effectiveness, and set minimum standards and procedures. Participating counties are responsible for building and running the project, and state funds cannot be encumbered until the required approvals and bidding or contract steps are completed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. ) ## 15820.916. (a) The CSA shall adhere to its duly adopted regulations for the approval or disapproval of local jail facilities. The CSA shall also consider cost-effectiveness in determining approval or disapproval. No state moneys shall be encumbered in contracts let by a participating county until either final architectural plans and specifications have been approved by the CSA, and subsequent construction bids have been received, or documents prepared by a participating county pursuant to paragraph (1) of subdivision (d) of Section 20133 of the Public Contract Code have been approved by the CSA, and a design-build contract has been awarded pursuant to that section. The review and approval of plans, specifications, or other documents by the CSA are for the purpose of ensuring proper administration of moneys and determination of whether the project specifications comply with law and regulation. The CSA may require changes in construction materials to enhance safety and security if materials proposed at the time of final plans and specifications are not essential and customary as used statewide for facilities of the same security level. Participating counties are responsible for the acquisition, design, construction, staffing, operation, repair, and maintenance of the project. (b) The CSA shall establish minimum standards, funding schedules, and procedures, which shall take into consideration, but not be limited to, the following: (1) Certification by a participating county of project site control through either fee simple ownership of the site or comparable long-term possession of the site, and right of access to the projects sufficient to assure undisturbed use and possession. (2) Documentation of need for the project. (3) A written project proposal. (4) Submittal of a staffing plan for the project, including operational cost projections and documentation that the local jail facility will be able to be safety staffed and operated within 90 days of completion. (5) Submittal of architectural drawings, which shall be approved by the CSA for compliance with minimum adult detention facility standards and which shall also be approved by the State Fire Marshal for compliance with fire safety and life safety requirements. (6) Documentation evidencing the filing by a participating county of a final notice of determination on its environmental impact report. (7) Provisions intended to maintain the tax-exempt status of the bonds, notes, or bond anticipation notes issued by the SPWB. (Amended by Stats. 2010, Ch. 729, Sec. 2. (AB 1628) Effective October 19, 2010.)
  8. 15820.917.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. )

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    Participating counties must contribute at least 10% of project costs, and they cannot receive more than $100 million in SPWB proceeds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.12. Financing of County Jail Facilities [15820.91 - 15820.917] ( Chapter 3.12 added by Stats. 2007, Ch. 7, Sec. 5. ) ## 15820.917. (a) Participating county contribution for projects funded under this chapter shall be a minimum of 10 percent of the total project costs. The CSA may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the CSA requesting a lower level of contribution. (b) The CDCR and CSA shall give funding preference to counties that committed the largest percentage of inmates to state custody in relation to the total inmate population of CDCR in 2010. (c) The CDCR and CSA shall give funding preference to counties that relinquish their conditional awards pursuant to Section 15820.910, provided that those counties agree to continue to assist the state in siting reentry facilities pursuant to Chapter 9.8 (commencing with Section 6270) of Title 7 of Part 3 of the Penal Code. (d) A participating county shall not receive more than one hundred million dollars ($100,000,000) in proceeds from an issuance of the SPWB pursuant to subdivision (a) of Section 15820.913. (Amended (as amended by Stats. 2011, Ch. 16) by Stats. 2011, Ch. 23, Sec. 3. (AB 94) Effective May 10, 2011.)
  9. 15820.92.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.13. Financing of Adult Local Criminal Justice Facilities [15820.92 - 15820.926] ( Chapter 3.13 added by Stats. 2012, Ch. 42, Sec. 9. )

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    This section defines a participating county and authorizes specified public entities to acquire, design, and construct certain adult local criminal justice facilities, with county inspector assignment allowed and board oversight required.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.13. Financing of Adult Local Criminal Justice Facilities [15820.92 - 15820.926] ( Chapter 3.13 added by Stats. 2012, Ch. 42, Sec. 9. ) ## 15820.92. For purposes of this chapter, “participating county” means any county, or regional consortium of counties, within the state that has been certified to the State Public Works Board (the board) by the Board of State and Community Corrections (BSCC) as having satisfied all of the requirements set forth in Section 15820.925 for financing an adult local criminal justice facility pursuant to this chapter. For purposes of this chapter, an adult local criminal justice facility may include any custodial housing, reentry, program, mental health, or treatment space necessary to manage the adult offender population consistent with the legislative intent described in Sections 17.5 and 3450 of the Penal Code under the jurisdiction of the sheriff or county department of corrections, as may be applicable, to be further defined by the BSCC in duly adopted regulations. (a) The BSCC or the Department of Corrections and Rehabilitation (CDCR), a participating county, and the board are authorized to acquire, design, and construct an adult local criminal justice facility approved by the BSCC pursuant to Section 15820.925, or to acquire a site or sites owned by, or subject to a lease or option to purchase held by, a participating county. For the purposes of this chapter, acquisition shall include, but is not limited to, acquisition of completed facilities through a build-to-suit purchase. Facilities financed pursuant to this chapter may be delivered through either a design-bid-build or a design-build process. The ownership interest of a participating county in the site or sites for an adult local criminal justice facility shall be determined by the board to be adequate for purposes of its financing in order to be eligible under this chapter. (b) Notwithstanding Section 14951, the participating county may assign an inspector during the construction of the adult local criminal justice facility. (c) The BSCC or the CDCR, a participating county, and the board shall enter into an agreement for each adult local criminal justice facility that shall provide, at a minimum, performance expectations of the parties related to the acquisition, design, and construction, including, without limitation, renovation, of the adult local criminal justice facility; guidelines and criteria for use and application of the proceeds of revenue bonds, notes, or bond anticipation notes issued by the board to pay for the cost of the approved adult local criminal justice facility; and ongoing maintenance and staffing responsibilities for the term of the financing. (d) The agreement shall include a provision that the participating county agrees to indemnify, defend, and hold harmless the State of California for any and all claims and losses arising out of the acquisition, design, and construction of the adult local criminal justice facility. The agreement may also contain additional terms and conditions that facilitate the financing by the board. (e) The scope and cost of the adult local criminal justice facilities shall be subject to approval and administrative oversight by the board. (f) For purposes of compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the board, BSCC and the CDCR, are not a lead or responsible agency, but the participating county is the lead agency. (Amended by Stats. 2014, Ch. 37, Sec. 1. (SB 863) Effective June 20, 2014. Note: Sections 15820.100 et seq. are located in Chapter 3.14, which follows Section 15820.926.)
  10. 15820.921.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.13. Financing of Adult Local Criminal Justice Facilities [15820.92 - 15820.926] ( Chapter 3.13 added by Stats. 2012, Ch. 42, Sec. 9. )

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    After certain project milestones, the board and the BSCC or CDCR may borrow funds for project costs. If certain bonds or notes are not sold, the BSCC or CDCR must use support appropriation money to repay loans.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.13. Financing of Adult Local Criminal Justice Facilities [15820.92 - 15820.926] ( Chapter 3.13 added by Stats. 2012, Ch. 42, Sec. 9. ) ## 15820.921. Upon a participating county’s receipt of responsive construction bids or design-build proposals, or a participating county’s notification to the board of its intent to exercise a purchase option, the board and the BSCC or the CDCR may borrow funds for project costs after the adult local criminal justice facility has been certified pursuant to Section 15820.92 from the Pooled Money Investment Account pursuant to Sections 16312 and 16313, or from any other appropriate source. In the event any of the revenue bonds, notes, or bond anticipation notes authorized by this chapter are not sold, the BSCC or the CDCR shall commit a sufficient amount of its support appropriation to repay any loans made for an approved adult local criminal justice facility. (Amended by Stats. 2014, Ch. 37, Sec. 2. (SB 863) Effective June 20, 2014.)
  11. 15820.922.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.13. Financing of Adult Local Criminal Justice Facilities [15820.92 - 15820.926] ( Chapter 3.13 added by Stats. 2012, Ch. 42, Sec. 9. )

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    The board may issue up to $412,474,000 in revenue bonds, notes, or bond anticipation notes to finance approved adult local criminal justice facilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.13. Financing of Adult Local Criminal Justice Facilities [15820.92 - 15820.926] ( Chapter 3.13 added by Stats. 2012, Ch. 42, Sec. 9. ) ## 15820.922. (a) The board may issue up to four hundred twelve million four hundred seventy-four thousand dollars ($412,474,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 (commencing with Section 15830) to finance the acquisition, design, and construction, including, without limitation, renovation, and a reasonable construction reserve, of approved adult local criminal justice facilities described in Section 15820.92, and any additional amount authorized under Section 15849.6 to pay for the cost of financing. (b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be used to reimburse a participating county for the costs of acquisition, design, and construction, including, without limitation, renovation, for approved adult local criminal justice facilities. (c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.921 are continuously appropriated for purposes of this chapter. (Amended by Stats. 2021, Ch. 72, Sec. 3. (SB 146) Effective July 12, 2021.)
  12. 15820.923.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.13. Financing of Adult Local Criminal Justice Facilities [15820.92 - 15820.926] ( Chapter 3.13 added by Stats. 2012, Ch. 42, Sec. 9. )

    Verify source ↗

    The Legislature states that this state financing supports county adult criminal justice facilities because more housing, program, and treatment space is needed and will improve public 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.13. Financing of Adult Local Criminal Justice Facilities [15820.92 - 15820.926] ( Chapter 3.13 added by Stats. 2012, Ch. 42, Sec. 9. ) ## 15820.923. In support of this state financing, the Legislature finds and declares all of the following: (a) The county adult criminal justice system needs more housing, program, and treatment space to manage the adult offender population under its jurisdiction. (b) Appropriate county adult criminal justice housing, program, and treatment space will enhance public safety throughout the state by providing increased access to appropriate programs or treatment. (c) By expanding county adult criminal justice capacity, this financing will serve a critical state purpose by promoting public safety. (d) This purpose represents valuable consideration in exchange for this state action. (Added by Stats. 2012, Ch. 42, Sec. 9. (SB 1022) Effective June 27, 2012.)
  13. 15820.924.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.13. Financing of Adult Local Criminal Justice Facilities [15820.92 - 15820.926] ( Chapter 3.13 added by Stats. 2012, Ch. 42, Sec. 9. )

    Verify source ↗

    With the board’s consent, the BSCC or the CDCR and a participating county may enter leases, subleases, and related agreements for an adult local criminal justice facility; the participating county must also agree to indemnify 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.13. Financing of Adult Local Criminal Justice Facilities [15820.92 - 15820.926] ( Chapter 3.13 added by Stats. 2012, Ch. 42, Sec. 9. ) ## 15820.924. With the consent of the board, the BSCC or the CDCR and a participating county are authorized to enter into leases or subleases, as lessor or lessee, for any property or approved adult local criminal justice facility and are further authorized to enter into contracts or other agreements for the use, maintenance, and operation of the adult local criminal justice facility in order to facilitate the financing authorized by this chapter. In those leases, subleases, or other agreements, the participating county shall agree to indemnify, defend and hold harmless the State of California for any and all claims and losses accruing and resulting from or arising out of the participating county’s use and occupancy of the adult local criminal justice facility. (Amended by Stats. 2014, Ch. 37, Sec. 3. (SB 863) Effective June 20, 2014.)
  14. 15820.925.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.13. Financing of Adult Local Criminal Justice Facilities [15820.92 - 15820.926] ( Chapter 3.13 added by Stats. 2012, Ch. 42, Sec. 9. )

    Verify source ↗

    The BSCC must follow its regulations, set standards and procedures, and may require material changes; participating counties are responsible for facility delivery and state money cannot be committed until listed approval steps occur.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.13. Financing of Adult Local Criminal Justice Facilities [15820.92 - 15820.926] ( Chapter 3.13 added by Stats. 2012, Ch. 42, Sec. 9. ) ## 15820.925. (a) The BSCC shall adhere to its duly adopted regulations for the approval or disapproval of adult local criminal justice facilities. The BSCC shall also consider cost-effectiveness in determining approval or disapproval. No state moneys shall be encumbered in contracts let by a participating county until one of the following occur: (1) Final architectural plans and specifications have been approved by the BSCC, and subsequent construction bids have been received. (2) Documents prepared by a participating county pursuant to paragraph (1) of subdivision (d) of Section 20133 of the Public Contract Code have been approved by the BSCC, and subsequent design-build proposals have been received pursuant to that section. (3) The participating county has notified the board of its intent to exercise an option to purchase the completed facility pursuant to Section 15820.921. (b) The review and approval of plans, specifications, or other documents by the BSCC are for the purpose of ensuring the proper administration of moneys and the determination of whether the adult local criminal justice facility specifications comply with law and regulation. The BSCC may require changes in construction materials to enhance safety and security if materials proposed at the time of final plans and specifications are not essential and customary as used statewide for facilities of the same security level. Participating counties are responsible for the acquisition, design, construction, staffing, operation, repair, and maintenance of the adult local criminal justice facility. (c) The BSCC shall establish minimum standards, funding schedules, and procedures, which shall take into consideration, but not be limited to, the following: (1) Certification by a participating county of control of the adult local criminal justice facility site through either fee simple ownership of the site or comparable long-term possession of the site, and right of access to the adult local criminal justice facility sufficient to ensure undisturbed use and possession. (2) Documentation of the need for the adult local criminal justice facility. (3) A written adult local criminal justice facility proposal. (4) Submittal of a staffing plan for the adult local criminal justice facility, including operational cost projections and documentation that the adult local criminal justice facility will be able to be safely staffed and operated within 90 days of completion, as may be applicable. (5) Submittal of architectural drawings, which shall be approved by the BSCC for compliance with minimum adult detention facility standards and that shall also be approved by the State Fire Marshal for compliance with fire safety and life safety requirements. (6) Documentation evidencing compliance with the California Environmental Quality Act. (7) Provisions intended to maintain the tax-exempt status of the bonds, notes, or bond anticipation notes issued by the board. (Added by Stats. 2012, Ch. 42, Sec. 9. (SB 1022) Effective June 27, 2012.)
  15. 15820.926.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.13. Financing of Adult Local Criminal Justice Facilities [15820.92 - 15820.926] ( Chapter 3.13 added by Stats. 2012, Ch. 42, Sec. 9. )

    Verify source ↗

    Counties financing adult local criminal justice facilities must contribute at least 10% of project costs, and counties seeking added housing capacity must document a capacity deficiency and avoid leasing that capacity for 10 years, except to 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.13. Financing of Adult Local Criminal Justice Facilities [15820.92 - 15820.926] ( Chapter 3.13 added by Stats. 2012, Ch. 42, Sec. 9. ) ## 15820.926. (a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution. (b) The BSCC shall determine the funding criteria. Funding consideration shall be given to counties that are seeking to replace existing compacted, outdated, or unsafe housing capacity or are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. Funding preference shall be given to counties that are most prepared to proceed successfully with this financing in a timely manner. The determination of preparedness to proceed shall include, but not be limited to, counties providing documentation of adequate, available matching funds authorized by the county board of supervisors from a source or sources compatible with this financing authority as determined by the State Public Works Board in its sole discretion. A participating county may only add housing capacity using this financing authority if the requesting county clearly documents an existing housing capacity deficiency. Any county requesting to add housing capacity using this financing authority shall be required to certify and covenant in writing that the county is not and will not be leasing housing capacity to any other public or private entity, with the exception of state agencies, for a period of 10 years beyond the completion date of the adult local criminal justice facility. If a county that adds housing capacity using this financing authority enters into a leasing housing capacity agreement that includes any state agency other than the State Department of State Hospitals, the Department of Finance shall report this fact to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the respective fiscal committees of each house of the Legislature at least 30 days prior to the board providing consent to that agreement. (Amended by Stats. 2020, Ch. 370, Sec. 146. (SB 1371) Effective January 1, 2021.)
  16. 15820.93.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. )

    Verify source ↗

    This section defines “participating county” and says an adult local criminal justice facility may include certain housing and program/treatment spaces.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. ) ## 15820.93. (a) For purposes of this chapter, “participating county” means a county, city and county, or regional consortium of counties, within the state that has been certified to the State Public Works Board (board) by the Board of State and Community Corrections (BSCC) as having satisfied all of the requirements set forth in Section 15820.935 for financing an adult local criminal justice facility pursuant to this chapter. (b) (1) For purposes of this chapter, an adult local criminal justice facility may include improved housing with an emphasis on expanding program and treatment space as necessary to manage the adult offender population consistent with the legislative intent described in Sections 17.5 and 3450 of the Penal Code under the jurisdiction of the sheriff or county department of corrections, as may be applicable, to be further defined by the BSCC in duly adopted regulations. (2) For purposes of this chapter, an adult local criminal justice facility may also include custodial housing, reentry, program, mental health, or treatment space necessary to manage the adult offender population, consistent with the legislative intent described in Sections 17.5 and 3450 of the Penal Code, under the jurisdiction of the sheriff or county department of corrections, as may be applicable, to be further defined by the BSCC in duly adopted regulations. (Added by Stats. 2014, Ch. 37, Sec. 4. (SB 863) Effective June 20, 2014.)
  17. 15820.930.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. )

    Verify source ↗

    This section lets the BSCC, CDCR, a participating county, and the board work together to acquire, design, and construct approved adult local criminal justice facilities, and sets rules for agreements, financing, and oversight.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. ) ## 15820.930. (a) The BSCC or the Department of Corrections and Rehabilitation (CDCR), a participating county, and the board are authorized to acquire, design, and construct an adult local criminal justice facility approved by the BSCC pursuant to Section 15820.935, or to acquire a site or sites owned by, or subject to a lease or option to purchase held by, a participating county. For the purposes of this chapter, acquisition shall include, but is not limited to, acquisition of completed facilities through a build-to-suit purchase. Facilities financed pursuant to this chapter may be delivered through either a design-bid-build or a design-build process. The ownership interest of a participating county in the site or sites for an adult local criminal justice facility shall be determined by the board to be adequate for purposes of its financing in order to be eligible under this chapter. (b) Notwithstanding Section 14951, the participating county may assign an inspector during the construction of the adult local criminal justice facility. (c) The BSCC or the CDCR, a participating county, and the board shall enter into an agreement for each adult local criminal justice facility that shall provide, at a minimum, performance expectations of the parties related to the acquisition, design, and construction, including, without limitation, renovation, of the adult local criminal justice facility; guidelines and criteria for use and application of the proceeds of revenue bonds, notes, or bond anticipation notes issued by the board to pay for the cost of the approved adult local criminal justice facility; and ongoing maintenance and staffing responsibilities for the term of the financing. (d) The agreement shall include a provision that the participating county agrees to indemnify, defend, and hold harmless the State of California for any and all claims and losses arising out of the acquisition, design, and construction of the adult local criminal justice facility. The agreement may also contain additional terms and conditions that facilitate the financing by the board. (e) The scope and cost of the adult local criminal justice facilities shall be subject to approval and administrative oversight by the board. (f) For purposes of compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the board, BSCC, and the CDCR are not a lead or responsible agency, the participating county is the lead agency. (Added by Stats. 2014, Ch. 37, Sec. 4. (SB 863) Effective June 20, 2014.)
  18. 15820.931.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. )

    Verify source ↗

    If the facility has been certified and the county has received bids or given notice of a purchase option, the board and the BSCC or CDCR may borrow project funds; if the authorized bonds or notes are not sold, the BSCC or CDCR must use enough support appropriation to repay loans.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. ) ## 15820.931. Upon a participating county’s receipt of responsive construction bids or design-build proposals, or a participating county’s notification to the board of its intent to exercise a purchase option, and after the adult local criminal justice facility has been certified pursuant to Section 15820.93, the board and the BSCC or the CDCR may borrow funds for project costs from the Pooled Money Investment Account pursuant to Sections 16312 and 16313, or from any other appropriate source. In the event any of the revenue bonds, notes, or bond anticipation notes authorized by this chapter are not sold, the BSCC or the CDCR shall commit a sufficient amount of its support appropriation to repay any loans made for an approved adult local criminal justice facility. (Added by Stats. 2014, Ch. 37, Sec. 4. (SB 863) Effective June 20, 2014.)
  19. 15820.932.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. )

    Verify source ↗

    The board may issue up to $420 million in revenue bonds, notes, or bond anticipation notes to finance approved adult local criminal justice facilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. ) ## 15820.932. (a) The board may issue up to four hundred twenty million dollars ($420,000,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 (commencing with Section 15830) to finance the acquisition, design, and construction, including, without limitation, renovation, and a reasonable construction reserve, of approved adult local criminal justice facilities described in Section 15820.930, and any additional amount authorized under Section 15849.6 to pay for the cost of financing. (b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be used to reimburse a participating county for the costs of acquisition, design, and construction, including, without limitation, renovation, for approved adult local criminal justice facilities. (c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.931 are continuously appropriated for purposes of this chapter. (Amended by Stats. 2021, Ch. 72, Sec. 4. (SB 146) Effective July 12, 2021.)
  20. 15820.933.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. )

    Verify source ↗

    The Legislature declares findings supporting state financing for improving county jail and adult criminal justice housing, with emphasis on planning, efficiency, treatment space, and public 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. ) ## 15820.933. In support of this state financing, the Legislature finds and declares all of the following: (a) California’s current challenges in managing jail populations follow decades of overcrowded and aging jails, and piecemeal, erratic, and incomplete responses to dealing with these problems. Reversing course will require sustainable solutions that must include sound planning and implementation, and must be grounded in the principle that jail resources must be well-planned and employed efficiently and effectively to prevent overcrowding and promote public safety through the broader use of evidence-based practices and policies in the criminal justice system. (b) California needs a long-term, statewide strategy to effectively manage its jail population and jail resources. Without an ongoing analytical framework for taking into account factors such as population growth, criminogenic needs of the current and future jail populations, crime rates, custodial housing needs, and additional changes to realignment or sentencing laws and practices, California will continue to resort to reactive, fragmentary fixes to its jail condition and capacity problems instead of being fully prepared to develop an effective and sustainable system of local custodial facilities. (c) The county adult criminal justice system needs improved housing with an emphasis on expanding program and treatment space to manage the adult offender population under its jurisdiction. (d) Improved county adult criminal justice housing with an emphasis on expanding program and treatment space will enhance public safety throughout the state by providing increased access to appropriate programs or treatment. (e) By improving county adult criminal justice housing with an emphasis on expanding program and treatment space, this financing will serve a critical state purpose by promoting public safety. (f) This purpose represents valuable consideration in exchange for this state action. (Added by Stats. 2014, Ch. 37, Sec. 4. (SB 863) Effective June 20, 2014.)
  21. 15820.934.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. )

    Verify source ↗

    With the board’s consent, the BSCC or CDCR and a participating county may enter leases, subleases, and related agreements for an adult local criminal justice facility. The participating county must also indemnify, defend, and hold harmless the State of California for claims and losses tied to its use and occupancy of the facility.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. ) ## 15820.934. With the consent of the board, the BSCC or the CDCR and a participating county are authorized to enter into leases or subleases, as lessor or lessee, for any property or approved adult local criminal justice facility and are further authorized to enter into contracts or other agreements for the use, maintenance, and operation of the adult local criminal justice facility in order to facilitate the financing authorized by this chapter. In those leases, subleases, or other agreements, the participating county shall agree to indemnify, defend, and hold harmless the State of California for any and all claims and losses accruing and resulting from or arising out of the participating county’s use and occupancy of the adult local criminal justice facility. (Added by Stats. 2014, Ch. 37, Sec. 4. (SB 863) Effective June 20, 2014.)
  22. 15820.935.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. )

    Verify source ↗

    The BSCC must follow its regulations, consider cost-effectiveness, and establish minimum standards, funding schedules, and procedures for adult local criminal justice facilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. ) ## 15820.935. (a) The BSCC shall adhere to its duly adopted regulations for the approval or disapproval of adult local criminal justice facilities. The BSCC shall also consider cost-effectiveness in determining approval or disapproval. No state moneys shall be encumbered in contracts let by a participating county until one of the following occur: (1) Final architectural plans and specifications have been approved by the BSCC, and subsequent construction bids have been received. (2) Documents prepared by a participating county pursuant to paragraph (1) of subdivision (d) of Section 20133 of the Public Contract Code have been approved by the BSCC, and subsequent design-build proposals have been received pursuant to that section. (3) The participating county has notified the board of its intent to exercise an option to purchase the completed facility pursuant to Section 15820.931. (b) The review and approval of plans, specifications, or other documents by the BSCC are for the purpose of ensuring the proper administration of moneys and the determination of whether the adult local criminal justice facility specifications comply with law and regulation. The BSCC may require changes in construction materials to enhance safety and security if materials proposed at the time of final plans and specifications are not essential and customary as used statewide for facilities of the same security level. Participating counties are responsible for the acquisition, design, construction, staffing, operation, repair, and maintenance of the adult local criminal justice facility. (c) The BSCC shall establish minimum standards, funding schedules, and procedures, which shall take into consideration, but not be limited to, the following: (1) Certification by a participating county of control of the adult local criminal justice facility site through either fee simple ownership of the site or comparable long-term possession of the site, and right of access to the adult local criminal justice facility sufficient to ensure undisturbed use and possession. (2) Documentation of the need for improved adult local criminal justice facility housing with an emphasis on expanded program and treatment space. (3) A written adult local criminal justice facility proposal. (4) Submission of a staffing plan for the adult local criminal justice facility, including operational cost projections and documentation that the adult local criminal justice facility will be able to be safely staffed and operated within 90 days of completion, as may be applicable. (5) Submission of architectural drawings, which shall be approved by the BSCC for compliance with minimum adult detention facility standards and which shall also be approved by the State Fire Marshal for compliance with fire safety and life safety requirements. (6) Documentation evidencing compliance with the California Environmental Quality Act (CEQA). (7) Provisions intended to maintain the tax-exempt status of the bonds, notes, or bond anticipation notes issued by the board. (Added by Stats. 2014, Ch. 37, Sec. 4. (SB 863) Effective June 20, 2014.)
  23. 15820.936.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. )

    Verify source ↗

    Participating counties must contribute at least 10% of total project costs for covered facilities, and the BSCC sets funding and scoring criteria.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.131. Financing of Local Criminal Justice Facilities [15820.93 - 15820.936] ( Chapter 3.131 added by Stats. 2014, Ch. 37, Sec. 4. ) ## 15820.936. (a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution. (b) The BSCC shall determine the funding and scoring criteria. The BSCC may consider award history in Chapters 3.11 to 3.13, inclusive, in its scoring of adult local criminal justice facilities applications. The funding criteria shall include, as a mandatory criterion, documentation of the percentage of pretrial inmates in the county jail from January 1, 2013, to December 31, 2013, inclusive, and a description of the county’s current risk-assessment-based pretrial release program. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. The determination of preparedness to proceed shall include the following: (1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ contribution and approving the forms of the project documents deemed necessary, as identified by the board to the BSCC, to effectuate the financing authorized by this chapter, and authorizing the appropriate signatory or signatories to execute those documents at the appropriate times. The identified matching funds in the resolution shall be compatible with the state’s lease revenue bond financing. (2) Counties providing documentation evidencing CEQA compliance has been completed. Documentation of CEQA compliance shall be either a final Notice of Determination or a final Notice of Exemption, as appropriate, and a letter from county counsel certifying the associated statute of limitations has expired and either no challenges were filed or identifying any challenges filed and explaining how they have been resolved in a manner that allows the project to proceed as proposed. (c) Funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity or are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. (d) A participating county may replace existing housing capacity, realizing only a minimal increase of capacity, using this financing authority if the requesting county clearly documents an existing housing capacity deficiency. (Added by Stats. 2014, Ch. 37, Sec. 4. (SB 863) Effective June 20, 2014.)
  24. 15820.94.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. )

    Verify source ↗

    This section defines “participating county” and describes what an adult local criminal justice facility may include.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. ) ## 15820.94. (a) For purposes of this chapter, “participating county” means a county, city and county, or regional consortium of counties, within the state that has been certified to the State Public Works Board (board) by the Board of State and Community Corrections (BSCC) as having satisfied all of the requirements set forth in this chapter for financing an adult local criminal justice facility pursuant to this chapter. (b) (1) For purposes of this chapter, an adult local criminal justice facility may include improved housing with an emphasis on expanding program and treatment space as necessary to manage the adult offender population under the jurisdiction of the sheriff or county department of corrections, as may be applicable, consistent with the legislative intent described in Sections 17.5 and 3450 of the Penal Code, to be further defined by the BSCC in duly adopted regulations. (2) For purposes of this chapter, an adult local criminal justice facility may also include custodial housing, reentry, program, mental health, or treatment space necessary to manage the adult offender population under the jurisdiction of the sheriff or county department of corrections, as may be applicable, consistent with the legislative intent described in Sections 17.5 and 3450 of the Penal Code, to be further defined by the BSCC in duly adopted regulations. (Added by Stats. 2016, Ch. 34, Sec. 1. (SB 844) Effective June 27, 2016.)
  25. 15820.940.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. )

    Verify source ↗

    This section lets the BSCC, CDCR, a participating county, and the board work together to acquire, design, and construct certain adult local criminal justice facilities, and requires agreements and county indemnification terms.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. ) ## 15820.940. (a) The BSCC or the Department of Corrections and Rehabilitation (CDCR), a participating county, and the board are authorized to acquire, design, and construct an adult local criminal justice facility approved by the BSCC pursuant to Section 15820.945, or to acquire a site or sites owned by, or subject to a lease or option to purchase held by, a participating county. For the purposes of this chapter, acquisition shall include, but is not limited to, acquisition of completed facilities through a build-to-suit purchase. Facilities financed pursuant to this chapter may be delivered through either a design-bid-build or a design-build process. The ownership interest of a participating county in the site or sites for an adult local criminal justice facility shall be determined by the board to be adequate for purposes of its financing in order to be eligible under this chapter. (b) Notwithstanding Section 14951, the participating county may assign an inspector during the construction of the adult local criminal justice facility. (c) The BSCC or the CDCR, a participating county, and the board shall enter into an agreement for each adult local criminal justice facility that shall provide, at a minimum, performance expectations of the parties related to the acquisition, design, and construction, including, without limitation, renovation, of the adult local criminal justice facility; guidelines and criteria for use and application of the proceeds of revenue bonds, notes, or bond anticipation notes issued by the board to pay for the cost of the approved adult local criminal justice facility; and ongoing maintenance and staffing responsibilities for the term of the financing. (d) The agreement shall include a provision that the participating county agrees to indemnify, defend, and hold harmless the State of California for any and all claims and losses arising out of the acquisition, design, and construction of the adult local criminal justice facility. The agreement may also contain additional terms and conditions that facilitate the financing by the board. (e) The scope and cost of the adult local criminal justice facilities shall be subject to approval and administrative oversight by the board. (f) For purposes of compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the board, BSCC, and the CDCR are not a lead or responsible agency; the participating county is the lead agency. (Added by Stats. 2016, Ch. 34, Sec. 1. (SB 844) Effective June 27, 2016.)
  26. 15820.941.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. )

    Verify source ↗

    After certain bid or purchase-option events and certification, the board, BSCC, or CDCR may borrow project funds; if authorized bonds or notes are not sold, BSCC or CDCR must use support appropriation to repay loans.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. ) ## 15820.941. Upon a participating county’s receipt of responsive construction bids or design-build proposals, or a participating county’s notification to the board of its intent to exercise a purchase option, and after the adult local criminal justice facility has been certified pursuant to Section 15820.94, the board and the BSCC or the CDCR may borrow funds for project costs from the Pooled Money Investment Account pursuant to Sections 16312 and 16313, or from any other appropriate source. In the event any of the revenue bonds, notes, or bond anticipation notes authorized by this chapter are not sold, the BSCC or the CDCR shall commit a sufficient amount of its support appropriation to repay any loans made for an approved adult local criminal justice facility. (Added by Stats. 2016, Ch. 34, Sec. 1. (SB 844) Effective June 27, 2016.)
  27. 15820.942.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. )

    Verify source ↗

    The board may issue up to $244,516,000 in revenue bonds, notes, or bond anticipation notes for approved adult local criminal justice facilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. ) ## 15820.942. (a) The board may issue up to two hundred forty-four million five hundred sixteen thousand dollars ($244,516,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 (commencing with Section 15830), to finance the acquisition, design, and construction, including, without limitation, renovation, and a reasonable construction reserve, of approved adult local criminal justice facilities described in Section 15820.940, and any additional amount authorized under Section 15849.6 to pay for the cost of financing. (b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be used to reimburse a participating county for the costs of acquisition, design, and construction, including, without limitation, renovation, for approved adult local criminal justice facilities. (c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.941 are continuously appropriated for purposes of this chapter. (Amended by Stats. 2021, Ch. 72, Sec. 5. (SB 146) Effective July 12, 2021.)
  28. 15820.943.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. )

    Verify source ↗

    The Legislature declares findings supporting state financing for county adult criminal justice facilities and jail population management.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. ) ## 15820.943. In support of this state financing, the Legislature finds and declares all of the following: (a) California’s current challenges in managing jail populations follow decades of overcrowded and aging jails, and piecemeal, erratic, and incomplete responses to dealing with these problems. Reversing course will require sustainable solutions that must include sound planning and implementation, and must be grounded in the principle that jail resources must be well-planned and employed efficiently and effectively to prevent overcrowding and promote public safety through the broader use of evidence-based practices and policies in the criminal justice system. (b) California needs a long-term, statewide strategy to effectively manage its jail population and jail resources. Without an ongoing analytical framework for taking into account factors such as population growth, criminogenic needs of the current and future jail populations, crime rates, custodial housing needs, and additional changes to realignment or sentencing laws and practices, California will continue to resort to reactive, fragmentary fixes to its jail condition and capacity problems instead of being fully prepared to develop an effective and sustainable system of local custodial facilities. (c) The county adult criminal justice system needs improved housing with an emphasis on expanding program and treatment space to manage the adult offender population under its jurisdiction. (d) Improved county adult criminal justice housing with an emphasis on expanding program and treatment space will enhance public safety throughout the state by providing increased access to appropriate programs or treatment. (e) By improving county adult criminal justice housing with an emphasis on expanding program and treatment space, this financing will serve a critical state purpose by promoting public safety. (f) This purpose represents valuable consideration in exchange for this state action. (Added by Stats. 2016, Ch. 34, Sec. 1. (SB 844) Effective June 27, 2016.)
  29. 15820.944.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. )

    Verify source ↗

    With board consent, the BSCC or CDCR and a participating county may enter leases, subleases, and related agreements for certain facilities, and the county must indemnify and hold harmless 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. ) ## 15820.944. With the consent of the board, the BSCC or the CDCR and a participating county are authorized to enter into leases or subleases, as lessor or lessee, for any property or approved adult local criminal justice facility and are further authorized to enter into contracts or other agreements for the use, maintenance, and operation of the adult local criminal justice facility in order to facilitate the financing authorized by this chapter. In those leases, subleases, or other agreements, the participating county shall agree to indemnify, defend, and hold harmless the State of California for any and all claims and losses accruing and resulting from or arising out of the participating county’s use and occupancy of the adult local criminal justice facility. (Added by Stats. 2016, Ch. 34, Sec. 1. (SB 844) Effective June 27, 2016.)
  30. 15820.945.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. )

    Verify source ↗

    BSCC must follow its regulations when approving or disapproving adult local criminal justice facilities, consider cost effectiveness, and establish minimum standards and procedures. Participating counties are responsible for the facility, and state funds cannot be encumbered until specified approval or notice steps occur.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. ) ## 15820.945. (a) The BSCC shall adhere to its duly adopted regulations for the approval or disapproval of adult local criminal justice facilities. The BSCC shall also consider cost effectiveness in determining approval or disapproval. No state moneys shall be encumbered in contracts let by a participating county until one of the following occurs: (1) Final architectural plans and specifications have been approved by the BSCC, and subsequent construction bids have been received. (2) Documents prepared by a participating county pursuant to paragraph (1) of subdivision (a) of Section 22164 of the Public Contract Code have been approved by the BSCC, and subsequent design-build proposals have been received pursuant to that section. (3) The participating county has notified the board of its intent to exercise an option to purchase the completed facility pursuant to Section 15820.941. (b) The review and approval of plans, specifications, or other documents by the BSCC are for the purpose of ensuring the proper administration of moneys and the determination of whether the adult local criminal justice facility specifications comply with law and regulation. The BSCC may require changes in construction materials to enhance safety and security if materials proposed at the time of final plans and specifications are not essential and customary as used statewide for facilities of the same security level. Participating counties are responsible for the acquisition, design, construction, staffing, operation, repair, and maintenance of the adult local criminal justice facility. (c) The BSCC shall establish minimum standards, funding schedules, and procedures, which shall take into consideration, but not be limited to, the following: (1) Certification by a participating county of control of the adult local criminal justice facility site through either fee simple ownership of the site or comparable long-term possession of the site, and right of access to the adult local criminal justice facility sufficient to ensure undisturbed use and possession. (2) Documentation of the need for improved adult local criminal justice facility housing with an emphasis on expanded program and treatment space. A county shall not be required to submit a new needs assessment if the county previously submitted a needs assessment for a request under the financing program described in Chapter 3.131 (commencing with Section 15820.93). (3) A written adult local criminal justice facility proposal. (4) Submission of a staffing plan for the adult local criminal justice facility, including operational cost projections and documentation that the adult local criminal justice facility will be able to be safely staffed and operated within 90 days of completion, as may be applicable. (5) Submission of architectural drawings, which shall be approved by the BSCC for compliance with minimum adult detention facility standards and which shall also be approved by the State Fire Marshal for compliance with fire safety and life safety requirements. (6) Documentation evidencing compliance with the California Environmental Quality Act (CEQA). (7) Provisions intended to maintain the tax-exempt status of the bonds, notes, or bond anticipation notes issued by the board. (Added by Stats. 2016, Ch. 34, Sec. 1. (SB 844) Effective June 27, 2016.)
  31. 15820.946.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. )

    Verify source ↗

    This section sets financing rules for adult local criminal justice facilities, including a minimum county contribution, BSCC scoring authority, and several county documentation and use restrictions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. ) ## 15820.946. (a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution. (b) The BSCC shall determine the funding and scoring criteria consistent with the requirements of this chapter. Financing shall be awarded only to those counties that have previously received only a partial award or have never received an award from the state within the financing programs authorized in Chapters 3.11 (commencing with Section 15820.90) to 3.131 (commencing with Section 15820.93), inclusive. The funding criteria shall include, as a mandatory criterion, documentation of the percentage of pretrial inmates in the county jail from January 1, 2015, to December 31, 2015, inclusive, and a description of the county’s current risk assessment based pretrial release program. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. The determination of preparedness to proceed shall include the following: (1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ contribution and approving the forms of the project documents deemed necessary, as identified by the board to the BSCC, to effectuate the financing authorized by this chapter, and authorizing the appropriate signatory or signatories to execute those documents at the appropriate times. The identified matching funds in the resolution shall be compatible with the state’s lease-revenue bond financing. (2) Counties providing documentation evidencing CEQA compliance has been completed. Documentation of CEQA compliance shall be either a final Notice of Determination or a final Notice of Exemption, as appropriate, and a letter from county counsel certifying the associated statute of limitations has expired and either no challenges were filed or identifying any challenges filed and explaining how they have been resolved in a manner that allows the project to proceed as proposed. (c) Funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity that will also add treatment space or counties that are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. (d) A participating county may replace existing housing capacity, realizing only a minimal increase of capacity, using this financing authority if the requesting county clearly documents an existing housing capacity deficiency. (e) A participating county with a request resulting in any increase in capacity using this financing authority shall be required to certify and covenant in writing that the county is not, and will not be, leasing housing capacity to any other public or private entity, with the exception of state agencies, for a period of 10 years beyond the completion date of the adult local criminal justice facility. If a county that increases housing capacity using this financing authority enters into a leasing housing capacity agreement that includes any state agency other than the State Department of State Hospitals, the Department of Finance shall report this fact to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the respective fiscal committees of each house of the Legislature at least 30 days prior to the board providing consent to that agreement. (f) Any locked facility constructed or renovated with state funding awarded under this program shall include space to provide onsite, in-person visitation capable of meeting or surpassing the minimum number of weekly visits required by state regulations for persons detained in the facility. (g) Any county applying for financing authority under this program shall include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter. (Amended by Stats. 2020, Ch. 370, Sec. 147. (SB 1371) Effective January 1, 2021.)
  32. 15820.947.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. )

    Verify source ↗

    $20 million of the authorized amount must be set aside and awarded to the County of Napa, overriding a cited award restriction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. ) ## 15820.947. Notwithstanding the award restriction in subdivision (b) of Section 15820.946, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to the County of Napa without the submission of any further adult local criminal justice facility proposal. This amount may be utilized in conjunction with a partial award made to the County of Napa pursuant to Chapter 3.131 (commencing with Section 15820.93). These awards represent the maximum state contribution for the adult local criminal justice facility in the County of Napa. (Added by Stats. 2016, Ch. 344, Sec. 4. (SB 835) Effective September 13, 2016.)
  33. 15820.948.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. )

    Verify source ↗

    Certain state jail-construction funding must be used for facilities with in-person visitation space, and prior video-visitation-only proposals must be revised to add in-person visitation before 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities—2016 [15820.94 - 15820.948] ( Chapter 3.132 added by Stats. 2016, Ch. 34, Sec. 1. ) ## 15820.948. (a) Notwithstanding any other law, any funding conditionally awarded after the effective date of the legislation that added this section by the Board of State and Community Corrections pursuant to Chapter 3.11 (commencing with Section 15820.90), Chapter 3.12 (commencing with Section 15820.91), Chapter 3.13 (commencing with Section 15820.92), or Chapter 3.131 (commencing with Section 15820.93), to a participating county for the construction or renovation of a local jail facility or adult local criminal justice facility shall be used to construct or renovate a facility that meets or surpasses the minimum number of weekly visits as specified by Section 1062 of Title 15 of the California Code of Regulations through the use of in-person visitation space. (b) For any proposals previously submitted to the board pursuant to the funding authority referenced in subdivision (a) that only provided for video visitation, the board shall require the participating county to submit a scope change to include in-person visitation prior to the board’s approval of the conditional award. (c) For purposes of this section, the following definitions shall apply: (1) “In-person visit” means an on-site visit that may include barriers. In-person visits include interactions in which an inmate has physical contact with a visitor, the inmate is able to see a visitor through a barrier, or the inmate is otherwise in a room with a visitor without physical contact. “In-person visit” does not include an interaction between an inmate and a visitor through the use of an on-site, two-way, audio-video terminal. (2) “Video visitation” means interaction between an inmate and a member of the public through the means of an audio-visual communication device when the member of the public is located at a local detention facility or at a remote location. (Amended by Stats. 2017, Ch. 363, Sec. 5. (SB 112) Effective September 28, 2017.)
  34. 15821.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    Certificates issued under this part are negotiable instruments and may be transferred between certain state agencies or between those agencies and other persons at a mutually agreed price.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. ) ## 15821. Certificates issued pursuant to this part are negotiable instruments and are transferable between state agencies having jurisdiction over special or trust funds or between such state agencies and other persons at a price mutually agreed upon by such state agencies or by such state agencies and other persons. (Amended by Stats. 1976, Ch. 391.)
  35. 15822.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    State certificates must be issued under board resolutions and include specified terms, signatures, and the Great Seal.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. ) ## 15822. The certificates shall be authorized by resolutions of the board, and shall bear such dates, mature at such time or times not exceeding 25 years from their respective dates, bear interest at such rate or rates agreed upon between the board and the investing agency with the approval of the Department of Finance, not exceeding 5 percent per year, payable semiannually, be in such denominations and in such form, be payable in such medium of payment and at such place or places, and subject to such terms of redemption at such prices not exceeding 105 percent of the principal amount as the resolutions provide. The certificates shall bear the facsimile signature of the Governor and the facsimile countersignature of the Controller and shall be endorsed by the State Treasurer either by original signature or by a signature stamp, and the certificates shall be signed, countersigned, and endorsed by the officers who shall be in office on the date of issuance thereof, and each of said certificates shall bear an impress of the Great Seal of the State of California. (Amended by Stats. 1957, Ch. 1072.)
  36. 15823.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. )

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    The board must sell the certificates at face value to state agencies that oversee special or trust funds, without advertising or competitive bidding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. ) ## 15823. The certificates shall be sold by the board at their face value to state agencies having jurisdiction over special or trust funds, without advertisement or competitive bidding. Such certificates are a legal investment for any state special or trust fund notwithstanding any provision of law limiting the investment which may be made by such special or trust fund. Payment of the purchase price may be made in accordance with mutual agreement between the state agency and the board, which agreement may provide for such payment in installments as work upon the public building or buildings progresses and funds necessary therefor are required. (Added by Stats. 1955, Ch. 1686.)
  37. 15824.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    Resolutions authorizing certificates may include contract provisions with the state agency on specified financing and board-related matters.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. ) ## 15824. Any resolutions authorizing any certificates may contain provisions which are part of the contract with the state agency as to: (a) Pledging all or any of the revenues, rentals, or receipts of the authority from specific properties. (b) The construction or acquisition of any public building and the duties of the board with reference thereto. (c) The terms and provisions of the certificates. (d) Limitations on the purposes to which the proceeds of the certificates, then or thereafter to be issued may be applied. (e) The rate of rentals and other charges for use of the public buildings of, or for the services rendered by, the board, including limitations upon the power of the board to modify any leases or other agreements pursuant to which any rentals or other charges are payable. (f) The setting aside of reserves or sinking funds and the regulation and disposition of them. (g) Limitations on the issuance of additional certificates or revenue bonds. (h) Any other agreements with the certificate holders. (Added by Stats. 1955, Ch. 1686.)
  38. 15825.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. )

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    The board may, by resolution, issue refunding certificates to refund its outstanding certificates.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. ) ## 15825. The board may provide, by resolution, for the issuance of refunding certificates for the purpose of refunding any certificates of the board issued pursuant to this part and then outstanding, either by voluntary exchange with the holders of the outstanding certificates, or to provide funds to redeem and retire the outstanding certificates, with accrued interest and any redemption value payable on any call date. The issuance of the refunding certificates, the maturities and other details of the certificates, the rights of the certificate holders, and the duties of the board in respect to the certificates, are governed by the provisions of this part insofar as they are applicable. Refunding certificates may be issued by the board to refund certificates originally issued or to refund certificates of the board previously issued for refunding purposes. (Added by Stats. 1955, Ch. 1686.)
  39. 15826.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. )

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    The State Treasurer must act as trustee for the board and certificate holders, and the board may set the trustee’s duties and 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. ) ## 15826. The State Treasurer shall act as trustee for the board and the holders of the certificates issued under this part, and the board may authorize the trustee to act on behalf of the holders of the certificates, or any stated percentage thereof, and to exercise and prosecute on behalf of the holders of the certificates such rights and remedies as may be available to the holders. The board shall, by resolution, prescribe the duties and powers of such trustee with respect to the issuance, authentication, sale, and delivery of the certificates, and the payment of principal and interest thereof, the redemption of the certificates, and the management, exclusive of the investment or reinvestment thereof, of any sinking fund or other funds provided as security for the certificates. (Added by Stats. 1955, Ch. 1686.)
  40. 15827.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    Certificate holders get additional remedies, and qualifying holders may appoint a trustee if the board defaults and the default continues for 60 days or if the board fails to comply with the part or an agreement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. ) ## 15827. (a) The rights and remedies conferred by this part upon or granted to certificate holders are in addition to and not in limitation of any rights and remedies lawfully granted to these certificate holders by the resolutions providing for the issuance of certificates. (b) If the board defaults in the payment of principal or interest on any of the certificates after the principal or interest becomes due, whether at maturity or upon call for redemption, and if that default continues for a period of 60 days, or if the board fails or refuses to comply with the provisions of this part or defaults in any agreement made with the certificate holders, the holders of 25 percent in aggregate principal amount of the certificates then outstanding by instruments filed in the Office of the County Recorder of the County of Sacramento, and acknowledged in the same manner as a deed to be recorded except as this right is limited under the provisions of any deed of trust, indenture, or other agreement, may appoint a trustee to represent the certificate holders for the purposes provided in this part. The trustee or any trustee under any deed of trust, indenture, or other agreement may, and upon written request of the holders of 25 percent in principal amount of the certificates then outstanding, or any other percentage as is specified in the deed of trust, indenture or other agreement, shall in his or her name: (1) By proper proceedings and actions enforce all rights of the certificate holders, including the right to require the board to collect rates, rentals and other charges adequate to carry out any agreement as to the revenues, or the pledge of revenues or receipts of the board, to lease public buildings to state agencies or otherwise and require the board to carry out any other agreements with or for the benefit of the certificate holders, and to perform its duties under this part. (2) Bring suit upon the certificates. (3) By an action require the board to account as if it were the trustee of an express trust for the certificate holders. (4) By an action enjoin any acts or things that may be unlawful or in violation of the certificate holders’ rights. (5) By notice in writing to the board declare certificates due and payable, and if all defaults are made good then with the consent of the holders of 25 percent of the principal amount of the certificates then outstanding or such other percentage as is specified in any deed of trust, indenture, or other agreement, annul the declaration that certificates are due and payable. (Amended by Stats. 2018, Ch. 92, Sec. 100. (SB 1289) Effective January 1, 2019.)
  41. 15828.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    A trustee may seek appointment of a receiver, and the receiver may take control of specified public buildings and related revenues. The receiver must keep the money in a separate account and use it as the court directs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. ) ## 15828. A trustee, appointed pursuant to Section 15827, or acting under a deed of trust, indenture, or other agreement, whether or not all certificates have been declared due and payable, may have a receiver appointed. The receiver may, to the same extent that the board itself could do, enter and take possession of the public buildings of the board, or any parts thereof, the revenues, rentals, or receipts from which are applicable to the payment of the certificates in default, and operate and maintain the public buildings and collect and receive all rentals and revenues thereof arising therefrom in the same manner as the board might do. The receiver shall deposit money in a separate account and apply it in such manner as the court directs. In any action or proceeding by the trustees, the fees, counsel fees, and expenses of the trustees, and of the receiver, and all costs and disbursements allowed by the court, are a first charge on any revenues and receipts derived from the public buildings of the board, the revenues or receipts from which are or may be applicable to the payment of the certificates in default. The trustee shall have and possess all the powers necessary or appropriate for the exercise of any functions specifically set forth in this part or incident to the general representation of the certificate holders in the protection and enforcement of their rights; provided, however, that nothing in this section or any other section in this part shall authorize any trustee appointed pursuant to Section 15827, for the purpose of operating and maintaining any public buildings of the board, to sell, assign, mortgage, or otherwise dispose of, any of the assets of whatever kind and character belonging to the board. (Added by Stats. 1955, Ch. 1686.)
  42. 15829.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    A holder of board certificates may sue to enforce rights against the 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. ) ## 15829. In addition to all other rights and all other remedies the holder of certificates of the board may by an action at law enforce his rights against the board, including the right to require the board to collect fees, rentals, and other charges adequate to carry out any agreement as to fees, rentals, or other charges or income, revenue and receipts and require the board to carry out any of its covenants and agreements with the certificate holders and perform its duties under this part. (Added by Stats. 1955, Ch. 1686.)
  43. 15829.5.

    ## 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. )

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    This chapter does not apply to the Unemployment Compensation Disability 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 4. Certificates [15821 - 15829.5] ( Chapter 4 added by Stats. 1955, Ch. 1686. ) ## 15829.5. This chapter shall not apply to the Unemployment Compensation Disability Fund. (Added by Stats. 1955, Ch. 1686.)
  44. 15830.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    Bonds issued under this part must include a recital saying they are not a state debt or general obligation, and the board cannot pledge the state’s credit or taxing power except 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15830. (a) The bonds issued to finance the construction of a public building or buildings pursuant to this part shall be special obligations of this state secured solely by the revenues, rentals, or receipts received from the operation of the public building or buildings financed by these bonds. (b) A bond issued or sold pursuant to this part shall not be or become a lien, charge, or liability against the State of California or against its property or funds except to the extent of the pledges expressly made by this part. Every bond issued pursuant to this part shall contain a recital on the face thereof stating that neither the payment of the principal nor any part thereof, nor any interest thereon, constitutes a debt, liability, or general obligation of the State of California other than as provided in this part. The board has no power at any time or in any manner to pledge the credit or taxing power of the state, other than as provided in this part. (Amended by Stats. 2018, Ch. 92, Sec. 101. (SB 1289) Effective January 1, 2019.)
  45. 15831.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    Bonds issued under this part must be signed, countersigned, endorsed, and sealed as specified, and certain bonds must state if they can be called or redeemed before maturity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15831. (a) All bonds issued under this part shall bear the facsimile signature of the Governor and the facsimile countersignature of the Controller and the Treasurer, and the bonds shall be signed, countersigned, and endorsed by the officers who shall be in office on the date of issuance thereof, and each of the bonds shall bear an impress of the Great Seal of the State of California. The bonds so signed, countersigned, endorsed, and sealed, when sold, are valid although the sale thereof be made at a date or dates upon which the officers having signed, countersigned, and endorsed the bonds, or any or either of the officers, shall have ceased to be the incumbents of the offices held by them at the time of signing, countersigning, or endorsing the bonds. Each bond issued under this part, if subject to call or redemption before maturity, shall contain a recital to that effect. (b) The rate of interest to be borne by the bonds need not be uniform for all bonds of the same issue or series or maturity and a “not to exceed” interest rate may be determined and fixed by the board by resolution adopted before or after the sale of the bonds. The Treasurer, when authorized by resolution of the board, may sell bonds above, below, or at their par or face value. (Amended by Stats. 2018, Ch. 92, Sec. 102. (SB 1289) Effective January 1, 2019.)
  46. 15832.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    The Treasurer must prepare and sell authorized bonds as directed by the board, and may issue temporary or interim bond instruments until definitive bonds are ready.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15832. (a) Upon receipt of a resolution of the board authorizing the issuance of bonds, the Treasurer shall provide for their preparation in accordance with the resolution. The bonds authorized to be issued shall be sold by the Treasurer, at public sale or at private sale, as directed by the board. In the case of public sale, both of the following apply: (1) The bonds shall be sold by the Treasurer, at such time as may be fixed by him or her, and upon such notice as he or she may deem advisable, upon bids submitted to the Treasurer in the form and by the means specified by the Treasurer, to the bidder whose bid will result in the lowest interest cost on account of such bonds. (2) If no bids are received, or if the Treasurer determines that the bids are not satisfactory, the Treasurer may reject all bids received, if any, and either readvertise or sell the bonds at private sale. (b) For purposes of this chapter, the method for determining the lowest interest cost bid shall be determined by the Treasurer and shall be limited to either the net interest cost method or the true interest cost method determined by the bids as submitted in accordance with the notice of sale. The net interest cost of each bid shall be determined by ascertaining the total amount of interest that the state would be required to pay under that bid, from the date of the bonds to the respective maturity dates of the bonds then offered for sale, at the interest rate or rates specified in the bid, less the total amount of the premium, if any, or plus the total amount of the discount, if any, offered by the bid. The bid under which the amount ascertained is the least shall be deemed to be the bid resulting in the lowest net interest cost. Under the true interest cost method, the bonds shall be awarded to the bidder submitting the lowest interest rate bid determined by the nominal interest rate that, when compounded semiannually and used to discount the debt service payments on the bonds to the date of the bonds, results in an amount equal to the price bid for the bonds, excluding interest accrued to the date of delivery. (c) Temporary or interim bonds, certificates, or receipts of any denomination whatever, to be signed by the Treasurer, may be issued and delivered until the definitive bonds are executed and available for delivery. Signature of the Treasurer may be by signature stamp. (Amended by Stats. 2018, Ch. 92, Sec. 103. (SB 1289) Effective January 1, 2019.)
  47. 15832.5.

    ## 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    The board may issue and renew negotiable short-term notes, including bond anticipation notes, and may authorize, sell, execute, and deliver them like 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15832.5. The board is authorized from time to time to issue its negotiable notes, including commercial paper notes or other forms of negotiable short-term indebtedness, or may in anticipation of the sale of bonds issue its negotiable bond anticipation notes and may renew the same from time to time. The board may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for any other purpose. Any notes may be authorized, sold, executed and delivered in the same manner as bonds. Any resolution or resolutions authorizing notes of the board or any issue thereof may contain any provisions that the board is authorized to include in any resolution or resolutions authorizing bonds of the board, and the board may include in any notes any terms, covenants, or conditions that it is authorized to include in any bonds. All of these notes shall be paid from any revenues of the board or other moneys available therefor and not otherwise pledged, or from the proceeds of the sale of the bonds of the board in anticipation of which they were issued, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding. (Amended by Stats. 1996, Ch. 23, Sec. 7. Effective April 8, 1996.)
  48. 15834.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    Before appropriating money for the listed chapters, the Legislature intends that funding be considered from general obligation bond proceeds or the Capital Outlay Fund for Public Higher Education.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15834. It is the intent of the Legislature that, prior to the appropriation of any moneys for purposes of Chapter 3.5 (commencing with Section 15820), Chapter 3.6 (commencing with Section 15820.15), Chapter 3.7 (commencing with Section 15820.30), or Chapter 3.8 (commencing with Section 15820.50), consideration be given to funding those purposes from general obligation bond proceeds or from the Capital Outlay Fund for Public Higher Education. (Added by Stats. 1987, Ch. 1457, Sec. 3.)
  49. 15835.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    A bond or interim receipt is treated as a negotiable instrument unless it has an express recital on its face saying it is nonnegotiable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15835. The bond or interim receipt is a negotiable instrument unless there is an express recital on its face that the bond or interim receipt in nonnegotiable. (Added by Stats. 1955, Ch. 1686.)
  50. 15836.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    This section says certain state bonds and related notes are legal investments and may be used as security or deposited for public funds in specified settings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15836. Bonds, negotiable notes, and negotiable bond anticipation notes issued pursuant to this part are a legal investment for any state special or trust fund notwithstanding any provision of law limiting the investments which may be made by such special or trust fund. The bonds, negotiable notes, and negotiable bond anticipation notes of the board shall be legal investments in which all public officers and public bodies of the state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking institutions, including savings and loan associations, building and loan associations, trust companies, savings banks and savings associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons authorized to invest in bonds or in other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The bonds, negotiable notes, and negotiable bond anticipation notes may be used by any such private financial institution, person, or association as security for public deposits. The bonds, negotiable notes, and negotiable bond anticipation notes are also hereby made securities which may properly and legally be deposited with and received by all public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is authorized by law, including deposits to secure public funds. (Amended by Stats. 1984, Ch. 108, Sec. 7. Effective May 3, 1984.)
  51. 15837.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    The board may authorize the Treasurer, the Department of Finance, or both to get a legal opinion other than the Attorney General’s if it thinks that will improve the sale or price of the bonds or notes. The legal service must be paid from sale proceeds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15837. Whenever the board deems that it will increase the salability or the price of the bonds, negotiable notes, or negotiable bond anticipation notes to obtain, prior to or after sale, a legal opinion, other than that of the Attorney General, as to the validity of the bonds, negotiable notes, or negotiable bond anticipation notes, the board may authorize the Treasurer, or the Department of Finance, or both, to obtain such a legal opinion. Payment for such legal services shall be made out of the proceeds of the sale of the bonds, negotiable notes, or negotiable bond anticipation notes. (Amended by Stats. 1984, Ch. 108, Sec. 8. Effective May 3, 1984.)
  52. 15837.5.

    ## 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    The board may hire financial consultants, advisers, and accountants when it thinks they are needed for issuing and selling its bonds or other obligations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15837.5. The board is authorized and empowered to employ financial consultants, advisers, and accountants as may be necessary in its judgment in connection with the issuance and sale of any bonds or other obligations of the board. Payment for these services may be made out of the proceeds of the sale of the bonds or other obligations. (Added by Stats. 1982, Ch. 1523, Sec. 10. Effective September 30, 1982.)
  53. 15837.6.

    ## 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    Certain Public Contract Code provisions do not apply to agreements made by the board or Treasurer for financing 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15837.6. The provisions of Section 10295 and Sections 10335 to 10382, inclusive, of the Public Contract Code shall not apply to agreements entered into by the board or Treasurer in connection with the obtaining of financing. (Added by Stats. 1985, Ch. 932, Sec. 3. Effective September 25, 1985.)
  54. 15838.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    Bond-authorizing resolutions may include contract terms with bondholders on specified financing and management matters.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15838. Any resolutions authorizing any bonds may contain provisions which are part of the contract with the bondholders as to: (a) Pledging all or any of the revenues, rentals or receipts of the board from all or any public buildings. (b) The acquisition, construction, improvement, operation, extension, enlargement, maintenance, and repair of any public buildings and the duties of the board with reference thereto. (c) The terms and provisions of the bonds. (d) Limitations on the purposes to which the proceeds of the bonds, then or thereafter to be issued, or of any loan or grant by the United States, may be applied. (e) The rate of rentals and other charges for use of the public buildings of, or for the services rendered by, the board, including limitations upon the power of the board to modify any leases or other agreement pursuant to which any rentals or other charges are payable. (f) The setting aside of reserves or sinking funds and the regulation and disposition of them. (g) Limitations on the issuance of additional bonds or certificates. (h) The terms and provisions of any deed of trust or indenture securing the bonds, or under which the bonds are issued. (i) Any other agreements with the bondholders. (Added by Stats. 1955, Ch. 1686.)
  55. 15838.5.

    ## 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    The Treasurer and the board may be given trustee-related powers for the bonds, and resolutions must set the Treasurer’s duties for bond administration.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15838.5. (a) The Treasurer may be appointed to act as trustee for the board and the holders of its bonds. Any resolution authorizing any bonds or issue thereof shall prescribe the duties of the Treasurer with respect to the issuance, authentication, sale, and delivery of the bonds, the payment of principal and interest thereon, and the redemption of the bonds. (b) The board may provide by resolution for the deposit of all revenue pledged for the security of such bonds in one or more separate accounts in the Public Buildings Construction Fund under the control of the Treasurer as trustee. The money in the accounts shall be disbursed only as provided in the resolution. (c) The board may authorize the Treasurer to act as trustee on behalf of the holders of its bonds, or any stated percentage thereof, for the purpose of exercising and prosecuting on behalf of the holders of the bonds the rights and remedies as may be available to the holders. (Added by Stats. 1982, Ch. 1523, Sec. 11. Effective September 30, 1982.)
  56. 15839.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    The board may make trust deeds, indentures, or other agreements to secure bonds, and may pledge or assign its revenues, rentals, or receipts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15839. The board may enter into any deeds of trust, indentures, or other agreements with any bank or trust company, or other person in the United States having power to enter into such agreements, including any federal agency, as security for such bonds, and may assign and pledge the revenues, rentals, or receipts of the board thereunder. The deeds of trust, indentures, or other agreements may contain such provisions as are customary in the instruments, or as the board authorizes, including but without limiting provisions as to: (a) The acquisition, construction, improvement, operation, maintenance and repair of any public buildings, and the duties of the board with reference thereto. (b) The application of funds and the safeguarding of funds on hand or on deposit. (c) The rights and remedies of the trustee and the holders of the bonds, which may include restrictions upon the individual right of action of the bondholders. (d) The terms and provisions of the bonds, or the resolutions authorizing the issuance of the bonds. (Added by Stats. 1955, Ch. 1686.)
  57. 15840.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    The board may authorize and issue refunding bonds by resolution for specified refunding 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15840. The board may provide, by resolution, for the issuance of refunding bonds for the purpose of refunding any bonds of the board issued pursuant to this part and then outstanding, either by voluntary exchange with the holders of the outstanding bonds, or to provide funds to redeem and retire the outstanding bonds, with accrued interest, and any premium payable on the bond at maturity or at any call date. The issuance of the refunding bonds, the maturities and other details of the bonds, the rights of the bondholders, and the duties of the board in respect to the bonds, are governed by the foregoing provisions of this part insofar as they are applicable. Refunding bonds may be issued by the board to refund bonds originally issued, or to refund bonds of the board previously issued for refunding purposes. (Added by Stats. 1955, Ch. 1686.)
  58. 15841.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    Bondholders get additional rights and remedies, and after certain defaults the holders of 25% of the bonds may appoint a trustee to act for 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15841. (a) The rights and remedies conferred by this part upon or granted to bondholders are in addition to and not in limitation of any rights and remedies lawfully granted to those bondholders by the resolutions providing for the issuance of bonds, or by any deed of trust, indenture, or other agreement under which the bonds are issued. (b) If the board defaults in the payment of principal or interest on any of the bonds after the principal or interest becomes due, whether at maturity or upon call for redemption, and if that default continues for a period of 60 days, or if the board fails or refuses to comply with the provisions of this part or defaults in any agreement made with the bondholders, the holders of 25 percent in aggregate principal amount of the bonds then outstanding by instruments filed in the Office of the County Recorder of the County of Sacramento, and acknowledged in the same manner as a deed to be recorded except as this right is limited under the provisions of any deed of trust, indenture, or other agreement, may appoint a trustee to represent the bondholders for the purposes provided in this part. The trustee or any trustee under any deed of trust, indenture, or other agreement may, and upon written request of the holders of 25 percent in principal amount of the bonds then outstanding, or any other percentage as is specified in the deed of trust, indenture or other agreement, shall in his name: (1) By proper proceedings and actions enforce all rights of the bondholders, including the right to require the board to collect rates, rentals, and other charges adequate to carry out any agreement as to the revenues, or the pledge of the revenues or receipts of the board, to lease public buildings to state agencies or otherwise, and require the board to carry out any other agreements with or for the benefit of the bondholders, and to perform its duties under this part. (2) Bring suit upon the bonds. (3) By an action require the board to account as if it were the trustee of an express trust for the bondholders. (4) By an action enjoin any acts or things which may be unlawful or in violation of the bondholders’ rights. (5) By notice in writing to the board declare bonds due and payable, and if all defaults are made good then with the consent of the holders of 25 percent of the principal amount of the bonds then outstanding, or any other percentage as is specified in any deed of trust, indenture, or other agreement, annul the declaration that bonds are due and payable. (Amended by Stats. 2018, Ch. 92, Sec. 104. (SB 1289) Effective January 1, 2019.)
  59. 15842.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

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    A trustee may get a receiver appointed, and the receiver may manage the relevant public buildings and related income, but must keep money in a separate account and follow the court’s directions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15842. A trustee, appointed pursuant to Section 15841, or acting under a deed of trust, indenture, or other agreement, whether or not all bonds have been declared due and payable, may have a receiver appointed. The receiver may, to the same extent that the board itself could do, enter and take possession of the public buildings of the board, or any parts thereof, the revenues, rentals, or receipts from which are applicable to the payment of the bonds in default, and operate and maintain the public buildings and collect and receive all rentals and revenues thereof arising therefrom in the same manner as the board might do. The receiver shall deposit money in a separate account and apply it in such manner as the court directs. In any action or proceeding by the trustees, the fees, counsel fees, and expenses of the trustees, and of the receiver, and all costs and disbursements allowed by the court, are a first charge on any revenues and receipts derived from the public buildings of the board, the revenues or receipts from which are or may be applicable to the payment of the bonds in default. The trustee shall have and possess all the powers necessary or appropriate for the exercise of any functions specifically set forth in this part or incident to the general representation of the bondholders in the protection and enforcement of their rights; provided, however, that nothing in this section or any other section in this part shall authorize any trustee appointed pursuant to Section 15841, for the purpose of operating and maintaining any public buildings of the board, to sell, assign, mortgage, or otherwise dispose of, any of the assets of whatever kind and character belonging to the board. (Added by Stats. 1955, Ch. 1686.)
  60. 15843.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    Bondholders may sue the board to enforce their rights, including requiring the board to collect enough fees and charges and to carry out its agreements and 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 5. Revenue Bonds [15830 - 15843] ( Chapter 5 added by Stats. 1955, Ch. 1686. ) ## 15843. In addition to all other rights and all other remedies the holder of bonds of the board may by an action at law enforce his rights against the board, including the right to require the board to collect fees, rentals, and other charges adequate to carry out any agreement as to fees, rentals, or other charges or income, revenue and receipts and require the board to carry out any of its convenants and agreements with the bondholders and perform its duties under this part. (Added by Stats. 1955, Ch. 1686.)
  61. 15845.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    The board must deposit its money and bond proceeds into the State Treasury fund and use them for authorized public-building purposes and debt 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. ) ## 15845. (a) All money received by the board from whatever source derived shall be deposited in the State Treasury to the credit of the Public Buildings Construction Fund, which is hereby created and appropriated for the purposes hereinafter provided. There shall be maintained, within the fund, subfunds, accounts, and subaccounts, as necessary, for the operation of the board and the performance of its obligations as provided in the applicable resolution, indenture, or other agreement. (b) There shall be deposited in the fund to the credit of the respective series of certificates or revenue bonds authorized under the provisions of this part, the proceeds from the sale thereof. The money so deposited shall be expended, for the purposes authorized by this part, or as provided in the applicable resolution, indenture, or other agreement, for the cost of public buildings, and all additional amounts authorized by the board in accordance with Section 15849.6. (c) All revenues, rentals, or receipts received by the board, except those deposited in the Expense Account established by Section 15845.2, shall be set aside at regular intervals as provided in the applicable resolution, indenture, or other agreement for each series of certificates or revenue bonds for the payment of interest and principal upon those certificates or revenue bonds as they fall due, or may be applied to an early redemption of those certificates or revenue bonds. Any revenues, rentals, or receipts remaining after the scheduled payment of principal and interest on a series in a year may be applied to any lawful purpose as determined by the board to the extent permitted in the applicable resolution, indenture, or other agreement for that series. (Repealed and added by Stats. 2017, Ch. 21, Sec. 8. (AB 119) Effective June 27, 2017.)
  62. 15845.2.

    ## 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    This section creates an Expense Account in the Public Buildings Construction Fund and allows the board to direct certain money 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. ) ## 15845.2. (a) There is hereby created within the Public Buildings Construction Fund an Expense Account into which will be deposited amounts received by the board as additional rental under any of its leases and any other money received by the board, other than proceeds of certificates or revenue bonds, as directed by the board. (b) Notwithstanding Section 13340, there is hereby continuously appropriated, without regard to fiscal years, from the Expense Account to the board the amount necessary to pay for the administrative expenses and costs associated with the implementation of this part. (Added by Stats. 2017, Ch. 21, Sec. 9. (AB 119) Effective June 27, 2017.)
  63. 15845.5.

    ## 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    Payments to the board must go into a separate revenue account, and excess funds may be used or transferred for specified energy and conservation projects. The board must also give special consideration to project benefits when making an augmentation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. ) ## 15845.5. Payments to the board pursuant to Chapter 2.7 (commencing with Section 15814.10) shall be deposited in a separate revenue account in the Public Buildings Construction Fund for disposition as may be provided by the board pursuant to Section 15845. All moneys in the revenue account in excess of the amounts required by law or by any resolution authorizing the issuance of revenue bonds to be maintained therein may be expended for the acquisition or construction of cogeneration and alternative energy equipment and conservation measures constituting the public buildings authorized by Chapter 2.7 (commencing with Section 15814.10) or may be transferred on order of the board to any state agency involved with the board in a conservation, cogeneration or alternate energy project, in augmentation of any appropriation available to the state agency, until the board determines that the moneys are no longer required to enable the board to properly perform the duties authorized by Chapter 2.7 (commencing with Section 15814.10), whereupon those moneys shall be transferred to the appropriate state fund. In making an augmentation under this section, the board shall give special consideration to the benefits resulting from the project in which the agency is involved. (Added by Stats. 1982, Ch. 1523, Sec. 12. Effective September 30, 1982.)
  64. 15846.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    The board may include in a resolution how its financial and administrative costs are allocated between construction and revenue accounts during construction, and for a further period set in the resolution, up to two years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. ) ## 15846. The board may provide in the resolution for the allocation of financial and administrative costs of the board during the period of actual construction, and for such further period as may be specified in the resolution for the issuance of the certificates or revenue bonds, not exceeding two years, between the money in each construction account and the money in each revenue account. (Added by Stats. 1955, Ch. 1686.)
  65. 15847.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    The Treasurer may invest Public Buildings Construction Fund money, and the board may direct deposits or transfers, subject to the board’s obligations to bondholders.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. ) ## 15847. Subject to the obligations of the board to its certificate holders or bondholders, the Treasurer is authorized to invest and reinvest moneys in any of the accounts in the Public Buildings Construction Fund, in such eligible securities specified in Section 16430 as the board shall designate. The board may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or in state or federal savings and loan associations having principal offices in this state. All such deposits in banks and savings and loan associations shall be secured at all times, in the same manner as state moneys are by law required to be secured. The board may alternatively require the transfer of moneys in the accounts 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 of Title 2. All securities or other investments made under the provisions of this part shall be held by the Treasurer as custodian thereof. All interest received or other earnings derived from such investments shall be collected by the Treasurer, and shall be deposited in the State Treasury to the credit of the account in the fund from which such interest or other earnings were derived. Expenses incurred by the Treasurer in taking and making delivery of bonds or other securities purchased as investments from such money in the fund may be paid from the fund. (Amended by Stats. 1982, Ch. 1523, Sec. 13. Effective September 30, 1982.)
  66. 15848.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    The section appropriates money each fiscal year to pay rent for certain state agencies in covered facilities, but only under specified funding and certification 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. ) ## 15848. Notwithstanding Section 13340 or any other provision of law, the amount as may be necessary to pay the rent of any agency occupying space in a facility authorized to be acquired or constructed under the State Building Construction Act of 1955 or a facility leased by a state agency pursuant to a joint powers agreement in accordance with Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 is hereby appropriated each fiscal year payable from the fund in the State Treasury from which that agency derives its appropriation for support and shall become available only if the rental payments are due during a period that the state is operating without funds appropriated by the Budget Act for that fiscal year or if the amount required to pay the rental payments has not been included in the Budget Act for that fiscal year and the Department of Finance certifies to the Controller that sufficient funds are available for the support of the agency for that portion of the facility that has been provided for its use and the facility or portion thereof is available for the use and occupancy of the agency. This appropriation shall be inoperative as to any facility for which jurisdiction has been transferred pursuant to Section 15816. (Amended by Stats. 2015, Ch. 14, Sec. 10. (AB 114) Effective June 24, 2015.)
  67. 15849.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    This section appropriates money each fiscal year to pay monthly rent for the authorized California State Fair and Exposition buildings and facilities, subject to specified funding and certification 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. ) ## 15849. Such amount as may be necessary to pay monthly the amount required to pay rent for the buildings and facilities authorized to be constructed on the new site of the California State Fair and Exposition under the provisions of the State Building Construction Act of 1955 (commencing at Section 15800) is hereby appropriated each fiscal year, payable first from the State Fair Fund in the State Treasury, to become available only if the Department of Finance certifies to the State Controller that the amount required to pay such rent has not been included in the Budget Act for such fiscal year. If there is insufficient money in the State Fair Fund to pay such rent, the appropriation shall be payable from all the license fees for conducting horse racing meetings not payable into the Fairs and Exposition Fund, or into the Wildlife Restoration Fund, pursuant to Section 19627 of the Business and Professions Code. Any amount paid from such license fees shall be reimbursed from the State Fair Fund when the Department of Finance certifies to the State Controller that sufficient money is in the State Fair Fund to make such reimbursement. The appropriation herein made shall become inoperative when the buildings or facilities constructed by the State Public Works Board on the new site have been transferred to the jurisdiction of the California State Fair and Exposition. (Added by Stats. 1957, Ch. 1072.)
  68. 15849.1.

    ## 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    Money may be appropriated from the General Fund to the Director of Finance for public building construction, and the board must repay amounts used, with interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. ) ## 15849.1. An amount not to exceed the amount of unsold bonds that the board has, by resolution, authorized to be sold for the purposes of carrying out this part is hereby appropriated from the General Fund to the Director of Finance, who may direct that any portion of that amount shall be deposited into a special account in the Public Buildings Construction Fund, to be used for the construction of public buildings to be financed pursuant to this part, as authorized by the Legislature. Any amounts made available from the General Fund under this section to the board shall be repaid by the board to the General Fund from the proceeds received from the sale of bonds sold for the purpose of financing the public buildings or any other lawfully available source of funds. These amounts shall be repaid to the General Fund with interest at the rate that the Treasurer certifies would have been earned on those amounts if invested in the Surplus Money Investment Fund. (Amended by Stats. 2022, Ch. 569, Sec. 33. (AB 156) Effective September 27, 2022.)
  69. 15849.2.

    ## 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    When a state agency with a qualifying public-building lease or contract receives an appropriation in a fiscal year, it must use the first lawfully available appropriated funds to pay amounts expected to come due that year under the lease or contract.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. ) ## 15849.2. In order to more fully secure the bonds authorized to be issued pursuant to this part, when during any fiscal year any appropriation is made to a state agency which has leased or otherwise contracted with the board for a public building pursuant to this part, the state agency shall allocate from the first lawfully available funds so appropriated that amount necessary to pay in full all amounts which are anticipated to become due and payable during the fiscal year under the lease or contract. (Amended by Stats. 2010, Ch. 726, Sec. 11. (AB 1620) Effective October 19, 2010.)
  70. 15849.3.

    ## 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    The board may issue bonds, notes, or other obligations, and may do so through an indenture with authorized terms and 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. ) ## 15849.3. Notwithstanding any provision of this part to the contrary, the board may from time to time issue its bonds, notes, or other obligations pursuant to an indenture which may contain terms and conditions authorized by this part for resolutions of the board authorizing the issuance of its bonds, notes, or other obligations. (Added by Stats. 1986, Ch. 1388, Sec. 1.6. Effective September 30, 1986.)
  71. 15849.5.

    ## 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    These education-related public institutions may be reimbursed for preliminary planning and working drawing costs for a project if the project was previously authorized, the Legislature has appropriated reimbursement funds, and required procedures were followed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. ) ## 15849.5. The California State University, any community college district, the California Maritime Academy, and the University of California may be reimbursed for expenditures for preliminary plans and working drawings for a project if all of the following conditions are met: (a) The project was authorized in a budget act or other statute before the preliminary plans and working drawings were prepared. (b) Funds for the reimbursement are appropriated by the Legislature. (c) All other applicable procedures were followed by the California State University, the community college district, the California Maritime Academy, or the University of California in expending the funds. The advance of funds by the California State University, a community college district, the California Maritime Academy, or the University of California for preliminary plans and working drawings shall be made to promote early completion of a project authorized by the Legislature. (Added by Stats. 1986, Ch. 1224, Sec. 6.)
  72. 15849.6.

    ## 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    The board may issue bonds, notes, or other obligations to finance a public building, within Legislature-authorized limits and any board-authorized additional financing amount.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. ) ## 15849.6. Notwithstanding any provision of this part to the contrary, the board may issue bonds, notes, or other obligations to finance the acquisition, design, or construction of a public building as authorized by the Legislature, in the total amount authorized by the Legislature, and any additional amount authorized by the board to pay the cost of financing. This additional amount may include interest during acquisition or interest prior to, during, and for a period of six months after construction of the public building, interest payable on any interim loan or interim financing for the public building, a reasonably required reserve fund, and the costs of issuance of any interim financing and permanent financing. This section shall be applicable to, but not limited to, bonds, notes, or obligations of the board that were authorized by appropriations of the Legislature made prior to the effective date of this section. (Amended (as added by Stats. 2010, Ch. 727, Sec. 2) by Stats. 2012, Ch. 32, Sec. 16. (SB 1006) Effective June 27, 2012.)
  73. 15849.7.

    ## 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. )

    Verify source ↗

    The State Public Works Board may issue bonds, notes, or bond anticipation notes for capital outlay projects financed under Chapter 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 10b. STATE BUILDING CONSTRUCTION [15800 - 15849.7] ( Part 10b added by Stats. 1955, Ch. 1686. ) ## CHAPTER 6. Fiscal Provisions [15845 - 15849.7] ( Chapter 6 added by Stats. 1955, Ch. 1686. ) ## 15849.7. Notwithstanding any other provision of law, including, but not limited to, any specific grant of authority on or after June 30, 2001, the State Public Works Board may issue bonds, notes, or bond anticipation notes for any and all phases of any capital outlay project authorized to be financed pursuant to Chapter 5 (commencing with Section 15830). (Added by Stats. 2005, Ch. 74, Sec. 38. Effective July 19, 2005.)
  74. 15850.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

    Verify source ↗

    This section says Part 11 may be cited as the Property Acquisition 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 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15850. This part may be cited as the Property Acquisition Law. (Added by Stats. 1953, Ch. 180.)
  75. 15851.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

    Verify source ↗

    In this part, “board” means the State Public Works 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 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15851. As used in this part, “board” means the State Public Works Board. (Added by Stats. 1953, Ch. 180.)
  76. 15852.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    The State Public Works Board takes over the Property Acquisition Board’s duties, powers, purposes, responsibilities, and 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 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15852. The State Public Works Board has all the duties, powers, purposes, responsibilities, and jurisdiction of the Property Acquisition Board and whenever by law a duty or jurisdiction is imposed or authority conferred upon the Property Acquisition Board or upon any of its officers or employees such duty, jurisdiction, and authority are vested in the State Public Works Board with the same force and effect as if the title of the State Public Works Board had been specifically set forth therein. (Added by Stats. 1953, Ch. 180.)
  77. 15853.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    The board may acquire certain real property for state purposes, and the Department of Parks and Recreation must give notice if an acquisition stalls.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15853. (a) The board may select and acquire, in the name of and on behalf of the state, with the consent of the state agency concerned, the fee or any lesser right or interest in any real property necessary for any state purpose or function. (b) If moneys are appropriated by the Legislature in the annual Budget Act for any fiscal year or by any other act for the acquisition of land or other real property, either (1) subject to this part or (2) for any state agency for whom property is acquired by the board, the moneys and acquisitions are subject to this part and the moneys shall be expended in accordance with this part, notwithstanding any other law. (c) Notwithstanding any other law, all land and other real property to be acquired by or for any state agency, other than the Department of Transportation, the High-Speed Rail Authority, the Department of Water Resources, the Central Valley Flood Protection Board, the Department of Fish and Wildlife, the Wildlife Conservation Board, the Department of Parks and Recreation, until January 1, 2033, with respect to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks pursuant to Section 15853.1, and with respect to acquisitions set forth in paragraph (8) of subdivision (b) of Section 11005, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Department of Housing and Community Development, the State Lands Commission, except for property to be acquired for the State Lands Commission pursuant to an appropriation from the General Fund, and the State Coastal Conservancy with respect to acceptance of offers to dedicate public accessways made pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)) of, and for the purposes of Chapter 10 (commencing with Section 31411) of Division 21 of, the Public Resources Code, shall be acquired by the State Public Works Board in accordance with this part. (d) (1) Notwithstanding subdivision (a), and except as provided in subdivision (c), the board shall acquire, on behalf of and for the Department of Parks and Recreation, in accordance with this part, any interests in real property, including options to purchase, which have been appraised, selected, and settled through purchase negotiations by the Department of Parks and Recreation pursuant to subdivision (b) of Section 5006 of the Public Resources Code. Out of moneys appropriated for the acquisition of options to purchase, no more than ten thousand dollars ($10,000) may be expended for the acquisition of any single option unless otherwise provided by the Legislature. (2) Notwithstanding Section 15854, purchase negotiations for interests in real property for the state park system pursuant to subdivision (d) of Section 5006 of the Public Resources Code shall be initiated within six months of the effective date of the act that appropriates funds for the acquisition. Purchase negotiations on all projects not proposed pursuant to subdivision (d) of Section 5006 of the Public Resources Code shall be initiated within 12 months of the effective date of the act appropriating funds for the acquisition. Either title shall be conveyed or a written agreement to transfer title shall be executed within the appropriate authorization period unless the Department of Parks and Recreation formally abandons the acquisition before the conclusion of the appropriate authorization period. For purposes of this section, in order for the Department of Parks and Recreation to “formally abandon” an acquisition, it shall transmit written notification to the board of its intent not to proceed with the acquisition. (3) The board, at any time during the periods specified in paragraph (2), may commence condemnation proceedings if it finds it to be appropriate. However, if during the appropriate authorization period title is not conveyed or a written agreement to transfer title is not signed, the acquisition has not been formally abandoned, or condemnation proceedings have not been commenced, the Department of Parks and Recreation shall notify, by letter, the chair of the committee in each house of the Legislature that considers appropriations, the Chair of the Joint Legislative Budget Committee, and the Members of the Legislature within whose district any part of the land or other real property is located of the status of the acquisition. For the purpose of this paragraph, condemnation proceedings shall be deemed to be commenced as of the date the board authorizes acquisition by condemnation. (4) The board may schedule special meetings as are necessary to expedite the acquisition of options to purchase real property for the state park system. (e) The board may acquire furnishings that the owner of the furnishings agrees to sell and that are contained within improvements acquired by the board. The cost of acquisition of furnishings shall be charged to the appropriation available for acquisition of the real property. (f) This section does not apply to the acquisition of conservation easements made pursuant to the California Forest Legacy Program Act of 2007 (Division 10.5 (commencing with Section 12200) of the Public Resources Code). (Amended by Stats. 2025, Ch. 775, Sec. 4.5. (SB 630) Effective January 1, 2026.)
  78. 15853.1.

    ## 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 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    For certain park-property acquisitions, the Department of Parks and Recreation must keep the purchase price at or below fair market value, use approved appraisals, complete appraisal review before negotiations, obtain General Services review/approval of related contracts, and give public notice and hold a public meeting.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15853.1. (a) For the acquisition of fee title or any lesser right or interest in real property by the Department of Parks and Recreation with respect to property acquired for Big Basin Redwoods, Año Nuevo, and Butano State Parks pursuant to subdivision (c) of Section 15853, all of the following apply: (1) The purchase price for the land and other real property acquired by the Department of Parks and Recreation pursuant to subdivision (c) of Section 15853 shall not exceed the fair market value of the property, as defined in Section 1263.320 of the Code of Civil Procedure. (2) The fair market value of the property acquired pursuant to paragraph (1) shall be set forth in an appraisal that is prepared by a licensed real estate appraiser and approved by the Department of General Services pursuant to subdivision (g) of Section 5006 of the Public Resources Code. (3) The real property shall be appraised and an appraisal review completed before commencement of any purchasing negotiations. (4) All contracts related to the acquisition of real property shall be reviewed and approved by the Department of General Services pursuant to Section 11005. (5) Public notice shall be given, and a public meeting shall be held, pursuant to subdivision (c) of Section 5006.1 of the Public Resources Code. (b) This section does not exempt the Department of Parks and Recreation from complying with all other applicable laws and regulations. (c) This section shall remain in effect only until January 1, 2033, and as of that date is repealed. (Added by Stats. 2025, Ch. 275, Sec. 3. (AB 679) Effective January 1, 2026. Repealed as of January 1, 2033, by its own provisions.)
  79. 15854.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    Property may be acquired under this part by condemnation using the procedure in Title 7 of Part 3 of the Code of Civil Procedure.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15854. Property may be acquired pursuant to this part by condemnation in the manner provided for in Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure. (Amended by Stats. 1981, Ch. 164, Sec. 1.)
  80. 15854.1.

    ## 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 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    If the owner asks, the board may make an agreement about how compensation will be paid after an acquisition.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15854.1. At the request of the owner of property acquired pursuant to this part, the board may enter into an agreement with the owner specifying the manner of payment of compensation to which the owner is entitled as the result of the acquisition. The agreement may provide that the compensation shall be paid by the board to the owner over a period not to exceed 10 years from the date the owner’s right to compensation accrues. The agreement may also provide for the payment of interest by the board; however, the rate of interest agreed upon may not exceed the maximum rate authorized by Section 16731 or 53531 of the Government Code, as applicable, in connection with the issuance of bonds. (Added by Stats. 1982, Ch. 1368, Sec. 2.)
  81. 15854.5.

    ## 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 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    Before title to certain property near an airport may be acquired for a state university site, the trustees must notify the Department of Aeronautics, the department must investigate and report, and the board must wait for the trustees’ report.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15854.5. To promote the safety of students, comprehensive community planning, and greater educational usefulness of state university sites, the Trustees of the California State University, before the board acquires title to property for any site, shall undertake the following action: Immediately after receiving notice of the proposed acquisition of property which is within two miles, measured by air line, of that point on an airport boundary which is nearest the site, the Trustees of the California State University shall notify the Department of Aeronautics, in writing, of the proposed acquisition. The Department of Aeronautics shall make an investigation and report to the trustees within 25 days after receipt of the notice. If the Department of Aeronautics is no longer in operation, the trustees shall, in lieu of notifying the commission, notify the Federal Aviation Agency or any other appropriate agency, in writing, of the proposed acquisition for the purpose of obtaining from the authority or other agency any information or assistance it may desire to give. The Trustees of the California State University shall investigate the proposed site and within 30 days after receipt of the notice shall submit to the board a written report and its recommendations concerning acquisition of the site. The board shall not acquire title to the property until the report of the trustees has been received. If the report does not favor the acquisition of the property for a state university site or an addition to a state university site, the board shall not acquire title to the property until 30 days after the trustees’ report is received and until the trustees’ report has been read at a public hearing duly called after 10 days’ notice published once in a newspaper of general circulation within the county in which the property is located. (Amended by Stats. 1983, Ch. 143, Sec. 189.)
  82. 15855.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    The State Public Works Board is generally the only state agency that may use eminent domain to acquire property for state purposes, but several named agencies keep their eminent-domain rights. In certain high-speed rail cases, the High-Speed Rail Authority replaces the Board, and the Board must file and serve a notice of that substitution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15855. (a) Notwithstanding any other law, except as provided in subdivision (b), the State Public Works Board is the only state agency that may exercise the power of eminent domain to acquire property needed by any state agency for any state purpose or function. (b) Subdivision (a) does not affect or limit the right of the Department of Transportation, High-Speed Rail Authority, Department of Water Resources, State Lands Commission, Central Valley Flood Protection Board, the college named in Section 92200 of the Education Code, or the Regents of the University of California to exercise the power of eminent domain. Subdivision (a) does not affect or limit the exercise of the power of eminent domain by the Department of Fish and Wildlife pursuant to Section 1348 of the Fish and Game Code. (c) (1) Any eminent domain proceeding commenced by the State Public Works Board for an acquisition for high-speed train system purposes before, and pending after, January 1, 2019, shall be deemed to have been commenced by the High-Speed Rail Authority, and the High-Speed Rail Authority shall be automatically substituted for the State Public Works Board as a party in any such action. All subsequent proceedings shall be in the name of the High-Speed Rail Authority. However, any misnomer not affecting the parties’ substantial rights shall be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution. (2) The State Public Works Board shall file with the court and serve on all parties to an action described in paragraph (1) a notice that the High-Speed Rail Authority is automatically substituted in place of the State Public Works Board and is the agency exercising the power of eminent domain on behalf of the state in the action. (Amended by Stats. 2022, Ch. 478, Sec. 61. (AB 1936) Effective January 1, 2023.)
  83. 15857.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    The board may agree with the property owner on compensation for condemned property and may put that agreement into a stipulation filed in the condemnation proceeding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15857. The board may agree with the owner of part or all of the property to be condemned as to the compensation to be paid, and may incorporate such agreement in a stipulation to be filed in the condemnation proceeding. (Amended by Stats. 1959, Ch. 989.)
  84. 15860.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    Certain real property acquisition costs may be paid from the appropriation, and claims must be presented by the specified director and paid by the Controller.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15860. (a) Any appropriation for the acquisition of real property pursuant to this part may be expended for the payment of all costs and expenses, including the cost of investigation and surveys, the fees and expenses of appraisers and expert witnesses, and the cost of title searches necessarily incurred in the examination, and the determination of the suitability of any real property to be acquired or under consideration for acquisition, or necessarily incurred in the course of acquisition of any such real property. Claims for costs and expenses shall be presented by the Director of General Services and shall be paid by the Controller. (b) Notwithstanding subdivision (a), claims for those costs and expenses related to real property acquisitions by the Department of Parks and Recreation, shall be presented by the Director of Parks and Recreation, and shall be paid by the Controller. (Amended by Stats. 1998, Ch. 344, Sec. 2. Effective January 1, 1999.)
  85. 15861.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    The board may let a university site used for student housing be used for another university purpose if it believes housing there would interfere with proper campus development and the Trustees of the California State University designate another housing site.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15861. Whenever it appears to the satisfaction of the board that any part of the campus of a state university acquired as a site for student housing will, if used for such purpose, interfere with the proper and orderly development of the campus, the board may authorize the use of such site for any other purpose of the state university upon the Trustees of the California State University designating some other part of the campus as a site for the student housing affected. (Amended by Stats. 1983, Ch. 143, Sec. 190.)
  86. 15862.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    This section assigns jurisdiction over certain state-acquired real property to the Judicial Council, with an exception for property acquired under subdivision (b).

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15862. (a) Except as specified in subdivision (b), all real property or interest in real property acquired by the state or the Judicial Council pursuant to the Trial Court Facilities Act of 2002 (Chapter 5.7 (commencing with Section 70301) of Title 8), or pursuant to Sections 69202 to 69206, inclusive, shall be under the jurisdiction of the Judicial Council immediately upon transfer of the title to the state. (b) When real property is acquired by the state pursuant to this part, jurisdiction over the property shall remain in the Department of General Services until the property is needed for the purpose for which it was acquired. The Director of General Services may transfer jurisdiction of the property to the agency for whose use it was acquired before it is needed for the purpose for which acquired if in his opinion the transfer is in the best interests of the state. The department may lease all or any portion of the property which is not presently needed on terms and conditions as the director may fix and may maintain, improve, and care for the property in order to secure rent therefrom. The department may remove or demolish buildings or other structures on the property when it is desirable to do so. It may sell or dispose of the improvements or any materials available upon the demolishing of any building or structure on the property. (Amended by Stats. 2003, Ch. 592, Sec. 5. Effective January 1, 2004.)
  87. 15862.5.

    ## 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 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    Property acquired by the Department of Parks and Recreation is under that department’s jurisdiction immediately when title transfers to the state, and the department must try to make the property accessible and usable by the public as soon as possible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15862.5. Notwithstanding Section 15862, all real property or interest in real property acquired by the Department of Parks and Recreation pursuant to subdivision (d) of Section 15853 of the Government Code and Section 5006 of the Public Resources Code shall be under the jurisdiction of the Department of Parks and Recreation, immediately upon transfer of the title to the state. The Department of Parks and Recreation shall attempt to make the real property accessible and usable by the general public at the earliest possible time. (Amended by Stats. 1998, Ch. 344, Sec. 3. Effective January 1, 1999.)
  88. 15863.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    Rents received by the Department of General Services under Section 15862 must be deposited into the Property Acquisition Law Money Account, and may be spent only upon appropriation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15863. (a) The net proceeds of any sale made pursuant to Section 15862 shall be deposited in the Deficit Recovery Bond Retirement Sinking Fund Subaccount established pursuant to subdivision (f) of Section 20 of Article XVI of the California Constitution, until the time that the bonds issued pursuant to the Economic Recovery Bond Act (Title 18 (commencing with Section 99050)), approved by the voters at the March 2, 2004, statewide primary election, are retired. At that time, the net proceeds, as defined in subdivision (g) of Section 11011, received pursuant to this section shall be deposited in the Special Fund for Economic Uncertainties. (b) All rents received by the Department of General Services pursuant to Section 15862 shall be deposited in the Property Acquisition Law Money Account and shall be available for expenditure by the Department of General Services upon appropriation. (Amended by Stats. 2005, Ch. 74, Sec. 39. Effective July 19, 2005.)
  89. 15864.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    The Director of General Services, and for state park system acquisitions the Director of Parks and Recreation, must file claims for qualifying real property acquisition खर्चitures, and the Controller must draw a warrant for 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 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15864. (a) On behalf of the board, the Director of General Services shall file against any appropriation made for expenditure under this part all claims covering expenditures incurred in acquiring real property pursuant to the act by which the appropriation is made, and the Controller shall draw a warrant therefor. (b) Notwithstanding subdivision (a), the Director of Parks and Recreation, on behalf of the board, shall file against any appropriation for expenditure under this part all claims covering expenditures incurred by the Department of Parks and Recreation in the acquisition of real property for the state park system pursuant to the act by which the appropriation is made, and the Controller shall draw a warrant therefor. (Amended by Stats. 1998, Ch. 344, Sec. 4. Effective January 1, 1999.)
  90. 15865.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

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    The Director of Finance may transfer unneeded real-property acquisition funds to another appropriation under this part, if the board recommends it, but not for transfers between state departments for certain site-acquisition appropriations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15865. Whenever the board finds that any portion of the funds in any appropriation for the acquisition of real property under this part is unneeded for the acquisition of the site for which the appropriation was made, the Director of Finance may, upon the recommendation of the board, authorize the transfer of the unneeded funds to any other appropriation for the acquisition of real property made for expenditure under this part and in augmentation of the other appropriation. However, no part of any appropriation made for expenditure pursuant to this part for the acquisition of a site for the use of an institution, college, school, or other agency within a state department shall be transferred to an appropriation for the acquisition of a site for the use of an institution, college, school, or other agency within another state department. For the purposes of this section appropriations for sites for state office buildings, state garages, state warehouses, and official residences are for the use of the Department of General Services. (Amended by Stats. 1996, Ch. 320, Sec. 21. Effective January 1, 1997.)
  91. 15866.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. )

    Verify source ↗

    The board may withdraw money from an appropriation under this part for a revolving fund, but only without furnishing vouchers and itemized statements and only if the Director of Finance approves the sum and compensation or cash advances are 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 11. PROPERTY ACQUISITION LAW [15850 - 15866] ( Part 11 added by Stats. 1953, Ch. 180. ) ## 15866. Without at the time furnishing vouchers and itemized statements, the board may withdraw from any appropriation made for expenditure under this part a sum that may be approved by the Director of Finance for use as a revolving fund where payment of compensation or cash advances are necessary. (Amended by Stats. 1996, Ch. 320, Sec. 22. Effective January 1, 1997.)
  92. 15900.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 12. STATE ECONOMIC POLICY [15900 - 15902] ( Part 12 added by Stats. 1963, Ch. 588. ) ## CHAPTER 1. Policy for Promoting Employment Growth [15900 - 15902] ( Heading of Chapter 1 amended by Stats. 1969, Ch. 1323. )

    Verify source ↗

    The state must use practical means and cooperate with others to promote employment growth and better job opportunities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 12. STATE ECONOMIC POLICY [15900 - 15902] ( Part 12 added by Stats. 1963, Ch. 588. ) ## CHAPTER 1. Policy for Promoting Employment Growth [15900 - 15902] ( Heading of Chapter 1 amended by Stats. 1969, Ch. 1323. ) ## 15900. The Legislature declares that it is the continuing policy and responsibility of the state to foster and promote growth in employment, productivity, income, and purchasing power. The Legislature further declares that in attaining these goals, the state shall: (1) Use all practical means within its power consistent with its needs and obligations and other essential considerations of state policy; (2) Seek the assistance and cooperation of industry, labor, the federal government and local government; for the purpose of creating and maintaining the general conditions under which there will be afforded useful employment opportunities, including self-employment, for all those qualified persons, willing and seeking work. (Amended by Stats. 1969, Ch. 1323.)
  93. 15901.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 12. STATE ECONOMIC POLICY [15900 - 15902] ( Part 12 added by Stats. 1963, Ch. 588. ) ## CHAPTER 1. Policy for Promoting Employment Growth [15900 - 15902] ( Heading of Chapter 1 amended by Stats. 1969, Ch. 1323. )

    Verify source ↗

    The Governor must send the Legislature an annual economic report by April 15 and present an economic message with it; the Governor may also send supplementary economic reports.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 12. STATE ECONOMIC POLICY [15900 - 15902] ( Part 12 added by Stats. 1963, Ch. 588. ) ## CHAPTER 1. Policy for Promoting Employment Growth [15900 - 15902] ( Heading of Chapter 1 amended by Stats. 1969, Ch. 1323. ) ## 15901. (a) The Governor, utilizing his staff and the resources of state agencies, shall transmit to the Legislature, not later than April 15 of each year, an economic report to be designated as the “Economic Report of the Governor” setting forth all of the following: (1) A review of economic developments during the preceding calendar year, including trends in employment, unemployment, income, construction, and major economic sectors providing a measure of economic growth. (2) Forecasts of trends in employment, income, and investment for the coming year and trends in such major economic sectors as it is feasible to project. (3) Additional material on the California economy that is pertinent and of general interest, with historical analysis and projections of use in economic planning whenever possible. (4) Insofar as possible, summaries of state policies and actions that relate to the economic development of the state pursuant to Section 15900. (b) In conjunction with the economic report, the Governor shall present an economic message reviewing significant economic achievements of the past year, outlining problem areas, and defining economic policy, and shall make recommendations as may be appropriate for programs to further economic development to increase employment, income, and investment in the state. (c) The Governor may transmit from time to time to the Legislature, reports supplementary to the economic report, providing information on the current status of the California economy and any new or revised recommendations as he deems necessary or desirable to achieve the policy declared in Section 15900. (Repealed and added by Stats. 1983, Ch. 540, Sec. 2.)
  94. 15902.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 12. STATE ECONOMIC POLICY [15900 - 15902] ( Part 12 added by Stats. 1963, Ch. 588. ) ## CHAPTER 1. Policy for Promoting Employment Growth [15900 - 15902] ( Heading of Chapter 1 amended by Stats. 1969, Ch. 1323. )

    Verify source ↗

    The Governor may use all or part of other economic development programs if he thinks it advisable, and any such programs must be prepared to match this chapter’s intent and 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 12. STATE ECONOMIC POLICY [15900 - 15902] ( Part 12 added by Stats. 1963, Ch. 588. ) ## CHAPTER 1. Policy for Promoting Employment Growth [15900 - 15902] ( Heading of Chapter 1 amended by Stats. 1969, Ch. 1323. ) ## 15902. The Governor may utilize all or part of other programs prepared in furtherance of the State’s economic development as he deems advisable, but all such programs shall be designed and prepared so as to be consistent and in conformity with the intent of this chapter and with the policy and program established pursuant to the provisions of this chapter. (Added by Stats. 1963, Ch. 588.)
  95. 15925.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 12.3. Underground Economic Activities [15925 - 15926] ( Part 12.3 added by Stats. 2019, Ch. 626, Sec. 1. )

    Verify source ↗

    Certain agencies may request and receive specified information for underground economy tax or fee cases, and recipients must keep confidential information confidential.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 12.3. Underground Economic Activities [15925 - 15926] ( Part 12.3 added by Stats. 2019, Ch. 626, Sec. 1. ) ## 15925. (a) For a case, including, but not limited to, a Joint Enforcement Strike Force on the Underground Economy case, that involves tax or fee administration associated with underground economic activities, including known or suspected felony violations involving tax-related or fee-related crimes, an agency listed in subdivision (a) of Section 329 of the Unemployment Insurance Code may request information pursuant to subdivision (b) from the Employment Development Department, the California Department of Tax and Fee Administration, and the Franchise Tax Board. (b) Upon request of an agency listed in subdivision (a) of Section 329 of the Unemployment Insurance Code, the Employment Development Department, the California Department of Tax and Fee Administration, and the Franchise Tax Board shall fully and timely provide the requesting agency with intelligence, data, including confidential tax and fee information, documents, information, complaints, reports, analysis, findings, or lead referrals for the following purposes: (1) To assess leads or referrals in order to determine if an investigation is warranted. (2) To conduct investigations. (3) To determine restitution owed to the state. (4) To prosecute violations. (5) To conduct data analytics associated with assessing a lead or referral or conducting an investigation pursuant to the Joint Enforcement Strike Force on the Underground Economy. (c) (1) Any person from an agency listed in subdivision (a) of Section 329 of the Unemployment Insurance Code who received confidential information obtained pursuant to this section shall not divulge, or make known in any manner not provided by law, any of the confidential information received by or reported to the agency. Confidential information authorized to be provided pursuant to this section shall retain its confidential status and shall otherwise remain subject to the confidentiality provisions contained in, but not limited to, all of the following provisions: (A) Section 11183 as that section pertains to the Department of Justice. (B) Sections 1094, 1095, and 2111 of the Unemployment Insurance Code as those sections pertain to the Employment Development Department. Part 603 of Title 20 of the Code of Federal Regulations as those provisions pertain to the disclosure of confidential unemployment compensation information. (C) Sections 19542, 19542.1, and 19542.3 of the Revenue and Taxation Code as those sections pertain to the Franchise Tax Board. (D) Section 15619 of this code, Section 42464.8 of the Public Resources Code, and Sections 7056, 7056.5, 8255, 9255, 9255.1, 30455, 32455, 32457, 38705, 38706, 43651, 45981, 45982, 45983, 45984, 46751, 50159, 50160, 50161, 55381, 60608, and 60609 of the Revenue and Taxation Code, as those sections pertain to the California Department of Tax and Fee Administration. (E) Any other information confidentiality provisions in federal and state law. (2) Except for restrictions imposed by federal law, nothing in this subdivision shall be construed to prohibit the sharing of confidential information authorized pursuant to subdivision (b). (d) Information requested pursuant to this section shall not include federal tax data without authorization from the Internal Revenue Service. (Added by Stats. 2019, Ch. 626, Sec. 1. (AB 1296) Effective January 1, 2020.)
  96. 15926.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 12.3. Underground Economic Activities [15925 - 15926] ( Part 12.3 added by Stats. 2019, Ch. 626, Sec. 1. )

    Verify source ↗

    The Department of Justice must maintain two investigative teams, and the listed agencies must keep collaborating to investigate and prosecute underground-economy crimes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 12.3. Underground Economic Activities [15925 - 15926] ( Part 12.3 added by Stats. 2019, Ch. 626, Sec. 1. ) ## 15926. (a) The Department of Justice, at a minimum, shall maintain the two multiagency Tax Recovery in the Underground Economy Criminal Enforcement Program investigative teams, formerly known as the Tax Recovery and Criminal Enforcement Task Force, in Sacramento and Los Angeles. These investigative teams, including the Department of Justice, the Employment Development Department, the California Department of Tax and Fee Administration, and the Franchise Tax Board shall continue their collaboration for the recovery of lost revenues to the state by investigating and prosecuting criminal offenses in the state’s underground economy, including, but not limited to, tax-related and fee-related crimes such as tax evasion or tax fraud. (b) For the purpose of this section, “collaboration” means the following: (1) Each agency works with the investigative teams to assess leads. (2) When a case may involve the jurisdiction of an agency, the agency assists the investigative team with the investigation and prosecution of the case. (Added by Stats. 2019, Ch. 626, Sec. 1. (AB 1296) Effective January 1, 2020.)
  97. 15950.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 1. Title of Act and Policy [15950 - 15952] ( Chapter 1 added by Stats. 1979, Ch. 1120. )

    Verify source ↗

    This part is known and cited as the Social Service Transportation Improvement 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 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 1. Title of Act and Policy [15950 - 15952] ( Chapter 1 added by Stats. 1979, Ch. 1120. ) ## 15950. This part shall be known and cited as the “Social Service Transportation Improvement Act.” (Added by Stats. 1979, Ch. 1120.)
  98. 15951.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 1. Title of Act and Policy [15950 - 15952] ( Chapter 1 added by Stats. 1979, Ch. 1120. )

    Verify source ↗

    The Legislature states that this part is intended to improve transportation service for social service recipients by promoting consolidation of social service transportation 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 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 1. Title of Act and Policy [15950 - 15952] ( Chapter 1 added by Stats. 1979, Ch. 1120. ) ## 15951. It is the intent of the Legislature, through the enactment of this part, to improve transportation service required by social service recipients by promoting the consolidation of social service transportation services so that the following benefits may accrue: (a) Combined purchasing of necessary equipment so that some cost savings through larger number of unit purchases can be realized. (b) Adequate training of vehicle drivers to insure the safe operation of vehicles. Proper driver training should promote lower insurance costs and encourage use of the service. (c) Centralized dispatching of vehicles so that efficient use of vehicles results. (d) Centralized maintenance of vehicles so that adequate and routine vehicle maintenance scheduling is possible. (e) Centralized administration of various social service transportation programs so that elimination of numerous duplicative and costly administrative organizations can occur. Centralized administration of social service transportation services can provide more efficient and cost effective transportation services permitting social service agencies to respond to specific social needs. (f) Identification and consolidation of all existing sources of funding for social service transportation services can provide more effective and cost efficient use of scarce resource dollars. Consolidation of categorical program funds can foster eventual elimination of unnecessary and unwarranted program constraints. (Added by Stats. 1979, Ch. 1120.)
  99. 15952.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 1. Title of Act and Policy [15950 - 15952] ( Chapter 1 added by Stats. 1979, Ch. 1120. )

    Verify source ↗

    This section says consolidated social service transportation should use existing administrative resources as much as possible, keep funding going where possible, and involve local elected 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 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 1. Title of Act and Policy [15950 - 15952] ( Chapter 1 added by Stats. 1979, Ch. 1120. ) ## 15952. (a) Centralized administration of consolidated social service transportation services shall utilize, to the maximum extent possible, existing public and private administrative capabilities and expertise. Utilization of existing administrative capabilities and expertise shall not require employment of those public and private administrative personnel nor shall it preclude any consolidated agency from developing a necessary administrative organization. (b) Efficient and continual use of all existing sources of funding, utilized prior to the enactment of this part for social service transportation services, shall, to the maximum extent possible, be continued. Social service agencies participating in consolidation or coordination shall continue to maintain funding levels for consolidated services necessary to meet the transportation needs of their social service consumers. Rescinding or eliminating funding for consolidated services by any participating agency shall require cancellation of service to the agency’s consumers by the consolidated agency. Cancellation of the service shall not be required if rescission or elimination of funding occurs because of a program change with respect to the source of funding. (c) Consolidation of social service transportation services shall, to the maximum extent possible, utilize existing agency operating and maintenance personnel and expertise. Effective use of employees of participating agencies shall be achieved without mandating that the employees become directly employed by the designated consolidated agency. (d) Consolidation of existing social service transportation services shall more appropriately be achieved if local elected officials are involved in the process. Local elected officials shall, to the maximum extent possible, be involved in the development of the action plans and other local actions necessary for the successful implementation of this part. (Amended by Stats. 2006, Ch. 538, Sec. 268. Effective January 1, 2007.)
  100. 15955.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 2. Definitions [15955 - 15958] ( Chapter 2 added by Stats. 1979, Ch. 1120. )

    Verify source ↗

    This chapter governs how this part is to be construed, 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 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 2. Definitions [15955 - 15958] ( Chapter 2 added by Stats. 1979, Ch. 1120. ) ## 15955. Unless the context otherwise requires, the provisions of this chapter govern the construction of this part. (Added by Stats. 1979, Ch. 1120.)
  101. 15956.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 2. Definitions [15955 - 15958] ( Chapter 2 added by Stats. 1979, Ch. 1120. )

    Verify source ↗

    This section defines “county transportation commission” as a commission created under Division 12 of the Public Utilities 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 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 2. Definitions [15955 - 15958] ( Chapter 2 added by Stats. 1979, Ch. 1120. ) ## 15956. “County transportation commission” means such a commission created pursuant to Division 12 (commencing with Section 130000) of the Public Utilities Code. (Added by Stats. 1979, Ch. 1120.)
  102. 15957.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 2. Definitions [15955 - 15958] ( Chapter 2 added by Stats. 1979, Ch. 1120. )

    Verify source ↗

    “Secretary” means the Secretary of Transportation, and authority vested in the secretary by this part is transferred to the Director of Transportation on and after January 1, 1985.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 2. Definitions [15955 - 15958] ( Chapter 2 added by Stats. 1979, Ch. 1120. ) ## 15957. “Secretary” means the Secretary of Transportation. On and after January 1, 1985, any duty, power, purpose, responsibility, or jurisdiction which is vested by this part in the secretary is hereby transferred to the Director of Transportation. Whenever any reference is made in this part to the secretary, it shall be deemed to be a reference to, and to mean, the Director of Transportation. (Amended by Stats. 2013, Ch. 352, Sec. 299. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  103. 15958.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 2. Definitions [15955 - 15958] ( Chapter 2 added by Stats. 1979, Ch. 1120. )

    Verify source ↗

    This section defines “transportation planning agency” and identifies which entities serve that role for specified areas.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 2. Definitions [15955 - 15958] ( Chapter 2 added by Stats. 1979, Ch. 1120. ) ## 15958. “Transportation planning agency” means an entity designated by the secretary pursuant to Section 29532. For purposes of this part, the Counties of Imperial and Ventura shall serve as the transportation planning agency for their respective jurisdictions. The San Diego Metropolitan Transit Development Board shall serve as the transportation planning agency for its area of jurisdiction. (Added by Stats. 1979, Ch. 1120.)
  104. 15960.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 3. Exemptions [15960- 15960.] ( Chapter 3 added by Stats. 1979, Ch. 1120. )

    Verify source ↗

    This section exempts listed school-district vehicles, school-district employees, and certain transportation allowance programs and recipients from 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 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 3. Exemptions [15960- 15960.] ( Chapter 3 added by Stats. 1979, Ch. 1120. ) ## 15960. For the purposes of this part, the following agencies, organizations, and programs enumerated in this chapter shall be exempt from consolidation required by this part; (a) Vehicles owned and operated by school districts shall be exempt from this part. (b) Employees of school districts shall be exempt from this part. (c) Individual transportation allowances and recipients of such allowances, as defined in Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, shall be exempt from this part. (d) Individual transportation allowances and recipients of such allowances, as defined in Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code, shall be exempt from this part. (e) Individual transportation allowances and recipients of such allowances, as defined in Article 3 (commencing with Section 12550) of Chapter 4 of Part 3 of the Welfare and Institutions Code, shall be exempt from this part. (f) Individual transportation allowances and recipients of such allowances, as provided under Title XX of the Social Security Act shall be exempt from this part. (Added by Stats. 1979, Ch. 1120.)
  105. 15970.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 4. Reports [15970 - 15971] ( Chapter 4 added by Stats. 1979, Ch. 1120. )

    Verify source ↗

    This section sets deadlines for completing the chapter’s requirements, with a later deadline for Section 15972.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 4. Reports [15970 - 15971] ( Chapter 4 added by Stats. 1979, Ch. 1120. ) ## 15970. The requirements of this chapter shall be completed by December 31, 1980, except for the requirements of Section 15972, which shall be completed not later than September 1, 1981. (Amended by Stats. 1980, Ch. 787.)
  106. 15971.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 4. Reports [15970 - 15971] ( Chapter 4 added by Stats. 1979, Ch. 1120. )

    Verify source ↗

    The Director of Finance must identify certain state and federal funds for social service transportation in the proposed budget and ask relevant governments and agencies about funding limits and service notifications.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 4. Reports [15970 - 15971] ( Chapter 4 added by Stats. 1979, Ch. 1120. ) ## 15971. (a) The Director of Finance shall identify in the proposed budget all state funds that are available for the support of social service transportation services. The director shall also identify, to the maximum extent possible, all federal funds that are available for funding social service transportation services. (b) The Director of Finance shall request the federal government and appropriate state agencies to ascertain which, if any, categorical funding constraints exist regarding the eventual use of federal or state funds for consolidated social service transportation services. (c) The Director of Finance shall request all federal and state agencies providing funds for social service transportation services to notify the county transportation commissions and transportation planning agencies of the transportation services provided from funding by the agency. (d) Funding for these responsibilities of the Director of Finance shall be included in the proposed budget. (Added by Stats. 1979, Ch. 1120.)
  107. 15975.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 5. Plans [15975- 15975.] ( Chapter 5 added by Stats. 1979, Ch. 1120. )

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    Transportation planning agencies and county transportation commissions must prepare an action plan for consolidating social service transportation 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 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 5. Plans [15975- 15975.] ( Chapter 5 added by Stats. 1979, Ch. 1120. ) ## 15975. (a) The transportation planning agencies and the county transportation commissions shall prepare and adopt an action plan that describes in detail the steps required to accomplish the consolidation of social service transportation services. Funding for the action plan shall be provided from local transportation funds made available under Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code. The action plan shall substantiate that one or more of the benefits indicated in Sections 15951 and 15952 are feasible for the services in a given geographic area. The action plan shall include, but not be limited to, the following: (1) The designation of consolidated transportation service agencies within the geographic area of jurisdiction of the transportation planning agency or county transportation commission. The action plan may designate more than a single agency or multiple agencies as consolidated transportation service agencies, if improved coordination of all services is demonstrated within the geographic area. In Ventura County, the county transportation commission is the consolidated transportation service agency. The action plan may also specify that the consolidation of some services and the coordination of other services is the most feasible approach, at the time the action plan is submitted, which will provide improved efficiency and effectiveness of those services. (2) The identification of the social service recipients to be served, of funds available for use by the consolidated or coordinated services, and of an orderly strategy and schedule detailing the steps required to develop the financial program and management structure necessary to implement consolidated or coordinated services. (3) Measures to coordinate the services provided under paragraph (1) with existing fixed route service provided by public and private transportation providers. (4) Measures for the effective coordination of specialized transportation service from one provider service area to another. (5) Measures to ensure that the objectives of the action plan are consistent with the legislative intent declared in Section 15951. (b) An entity formed by the regional transportation planning authority as a nonprofit public benefit corporation, designated as a consolidated transportation services agency under this section and charged with administering a countywide coordinated paratransit plan adopted pursuant to Section 37.141 of Chapter 49 of the Code of Federal Regulations shall, for the purposes of paragraph (2) of subdivision (e) of Section 14055 and Part 1 (commencing with Section 810) and Part 2 (commencing with Section 814) of Division 3.6, be deemed a “public agency” within the meaning of “public entity,” as defined in Section 811.2. (Amended by Stats. 2013, Ch. 458, Sec. 1. (AB 971) Effective January 1, 2014.)
  108. 15980.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 6. State Review [15980 - 15984] ( Chapter 6 added by Stats. 1979, Ch. 1120. )

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    The Director of Transportation must generally monitor implementation of 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 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 6. State Review [15980 - 15984] ( Chapter 6 added by Stats. 1979, Ch. 1120. ) ## 15980. The Director of Transportation shall be responsible for generally monitoring the implementation of this part . The funds for administration and monitoring of this program by the Director of Transportation shall be funded by funds made available for that purpose from federal funds. (Amended by Stats. 1990, Ch. 1455, Sec. 10.)
  109. 15982.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 6. State Review [15980 - 15984] ( Chapter 6 added by Stats. 1979, Ch. 1120. )

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    A social service transportation provider may seek an exemption from coordination or consolidation, and the transportation authorities must decide the request within set deadlines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 6. State Review [15980 - 15984] ( Chapter 6 added by Stats. 1979, Ch. 1120. ) ## 15982. (a) Any social service transportation provider may request an exemption from coordination or consolidation as required under the action plan. The request for exemption shall be submitted to the Director of Transportation, who shall render a decision within 60 days after receiving the request. If the Director of Transportation denies the request, it shall be forwarded to the California Transportation Commission, which shall render a decision within 60 days after receiving it. The request for exemption shall be granted if, on the basis of information submitted with the request, the Director of Transportation or the commission, as the case may be, finds that the effectiveness of the social transportation service provided the recipients would be impaired by consolidation or coordination. (b) The Director of Transportation shall adequately inform social service program managers about these requirements well in advance of the deadlines outlined in this section. (c) The commission shall periodically review, as it deems necessary, the performance of the designated agencies to determine compliance with the action plans and conditions for approval. (Amended by Stats. 1990, Ch. 1455, Sec. 11.)
  110. 15984.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 6. State Review [15980 - 15984] ( Chapter 6 added by Stats. 1979, Ch. 1120. )

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    The Department of Transportation must provide technical assistance to paratransit providers in the stated circumstances.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 6. State Review [15980 - 15984] ( Chapter 6 added by Stats. 1979, Ch. 1120. ) ## 15984. The Department of Transportation shall provide technical assistance to paratransit providers who may wish to explore coordination strategies but lack the capability to develop and implement those strategies. (Added by Stats. 1988, Ch. 962, Sec. 4.)
  111. 15985.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 7. Implementation [15985 - 15986] ( Chapter 7 added by Stats. 1982, Ch. 1390, Sec. 1. )

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    Some social service transportation providers are exempt from certain Public Utilities Code and Public Utilities Commission rules for common carriers of passengers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 7. Implementation [15985 - 15986] ( Chapter 7 added by Stats. 1982, Ch. 1390, Sec. 1. ) ## 15985. Provisions of the Public Utilities Code and orders and regulations of the Public Utilities Commission relating to common carriers of passengers shall not apply to social service transportation delivered by a nonprofit social service transportation provider or to a locally licensed or franchised for-profit transportation provider which operates, in dedicated vehicles, social service transportation pursuant to contract with a nonprofit social service transportation provider organization. This section does not apply to a nonprofit social service transportation provider that uses one or more vehicles which are designed for carrying more than 16 persons including the driver or that operates vehicles which offer transportation services over regularly scheduled or fixed routes and allows any person to use those transportation services for a fee. (Added by Stats. 1982, Ch. 1390, Sec. 1.)
  112. 15986.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 7. Implementation [15985 - 15986] ( Chapter 7 added by Stats. 1982, Ch. 1390, Sec. 1. )

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    Counties, cities, and districts may not impose a special license or fee on certain social service transportation providers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 13. SOCIAL SERVICE TRANSPORTATION [15950 - 15986] ( Part 13 added by Stats. 1979, Ch. 1120. ) ## CHAPTER 7. Implementation [15985 - 15986] ( Chapter 7 added by Stats. 1982, Ch. 1390, Sec. 1. ) ## 15986. No county, city, or district may impose a special license or fee for social service transportation provided by a nonprofit social service transportation provider organization or by a for-profit transportation provider, operating under local license or franchise, which provides social service transportation pursuant to contract with a nonprofit social service transportation provider organization. (Added by Stats. 1982, Ch. 1390, Sec. 1.)
  113. 15990.1.

    ## 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 14. Tribal Housing Grant Program Fund Advisory Committee [15990 - 15990.3] ( Part 14 added by Stats. 2024, Ch. 266, Sec. 1. )

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    The committee must report issues, inconsistencies, and barriers to the Department of Housing and Community Development and provide guidance, recommendations, and bylaws for the Tribal Housing Grant Program Fund Advisory 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 14. Tribal Housing Grant Program Fund Advisory Committee [15990 - 15990.3] ( Part 14 added by Stats. 2024, Ch. 266, Sec. 1. ) ## 15990.1. The committee shall do all of the following: (a) Identify and report annually to the Department of Housing and Community Development all of the following: (1) Issues within the Tribal Housing Grant Program Trust Fund that require waivers to receive state financing, as described in subdivision (p) of Section 50406 of the Health and Safety Code. (2) Inconsistencies that impact the Tribal Housing Grant Program Trust Fund within state housing program streamlined regulations. (3) Barriers that exist for tribes when applying for funds from the Tribal Housing Grant Program Trust Fund. (b) Provide input and guidance to the Department of Housing and Community Development on guidelines to implement the Tribal Housing Grant Program Trust Fund, including, but not limited to, determining allocation methodologies to ensure the Tribal Housing Grant Program is implemented to provide the most benefit to tribes. (c) Provide input and guidance to assist in the creation of a standard grant agreement to be used by the Department of Housing and Community Development for the Tribal Housing Grant Program. (d) (1) Create and adopt bylaws to govern committee meetings, determine attendance policies, and establish any other provision necessary to effectuate the committee’s responsibilities. (2) Bylaws adopted pursuant to this subdivision shall be adopted upon a majority vote of the committee’s voting members. (e) Provide recommendations to the Department of Housing and Community Development for minimum job requirements of advisors and attorneys providing technical assistance as part of the G. David Singleton California Indian Assistance Program (Section 50513 of the Health and Safety Code). (Added by Stats. 2024, Ch. 266, Sec. 1. (AB 1878) Effective January 1, 2025. Conditionally operative pursuant to Section 15990.3.)
  114. 15990.3.

    ## 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 14. Tribal Housing Grant Program Fund Advisory Committee [15990 - 15990.3] ( Part 14 added by Stats. 2024, Ch. 266, Sec. 1. )

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    This part takes effect only if the Legislature appropriates enough funds to implement it through the Tribal Housing Grant Program Trust 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 14. Tribal Housing Grant Program Fund Advisory Committee [15990 - 15990.3] ( Part 14 added by Stats. 2024, Ch. 266, Sec. 1. ) ## 15990.3. This part shall only take effect upon sufficient funds appropriated by the Legislature to implement this part through funding made available to the Tribal Housing Grant Program Trust Fund established pursuant to Section 50651.1 of the Health and Safety Code. (Added by Stats. 2024, Ch. 266, Sec. 1. (AB 1878) Effective January 1, 2025.)
  115. 16.

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

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    A mark can count as a signature or subscription if the person cannot write, with a witness writing the person’s name near the mark. A mark can also be acknowledged or used for a sworn statement only if two witnesses sign their own names.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 16. “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. (Enacted by Stats. 1943, Ch. 134.)
  116. 16.5.

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

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    This section lets parties use digital signatures in written communications with a public entity, and sets conditions for when a public entity’s digital signature has the same effect as a manual signature.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 16.5. (a) In any written communication with a public entity, as defined in Section 811.2, in which a signature is required or used, any party to the communication may affix a signature by use of a digital signature that complies with the requirements of this section. If a public entity elects to use a digital signature, that digital signature shall have the same force and effect as the use of a manual signature if and only if it embodies all of the following attributes: (1) It is unique to the person using it. (2) It is capable of verification. (3) It is under the sole control of the person using it. (4) It is linked to data in such a manner that if the data are changed, the digital signature is invalidated. (5) It conforms to regulations adopted by the Secretary of State. Initial regulations shall be adopted no later than January 1, 1997. In developing these regulations, the secretary shall seek the advice of public and private entities, including, but not limited to, the Department of Information Technology, the California Environmental Protection Agency, and the Department of General Services. Before the secretary adopts the regulations, he or she shall hold at least one public hearing to receive comments. (b) The use or acceptance of a digital signature shall be at the option of the parties. Nothing in this section shall require a public entity to use or permit the use of a digital signature. (c) Digital signatures employed pursuant to Section 71066 of the Public Resources Code are exempted from this section. (d) “Digital signature” means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code. (e) Nothing in this section shall limit the right of a public entity or government agency to use and accept an “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code. (f) Regulations adopted by the Secretary of State to implement this section apply only to a public entity’s use of a “digital signature” and not to use of any other type of “electronic signature” authorized in the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code). (Amended by Stats. 2016, Ch. 144, Sec. 3. (AB 2296) Effective January 1, 2017.)
  117. 160.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. State Boundaries [160 - 172] ( Article 3 enacted by Stats. 1943, Ch. 134. )

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    This section defines California’s legal eastern boundary line and says state courts must treat it that way.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. State Boundaries [160 - 172] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 160. The line run and marked by the United States Government under the Act of June 10, 1872, 17 Stat. 358 (1872) from the southern boundary of the State of Oregon to the 39th degree of north latitude and the line established and marked by the United States coast and geodetic survey, as completed in 1900, extending southeastward from the intersection of the 39th degree of north latitude with the 120th degree of longitude west from Greenwich to the Colorado River comprise the legal eastern boundary line of the state from the Oregon boundary to the Colorado River, and shall be so considered by the courts of the state. (Amended by Stats. 1978, Ch. 369.)
  118. 16100.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1. Appropriation [16100 - 16101.5] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1406. )

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    Funds are continuously appropriated from the State General Fund to the Controller in an amount enough to pay the subventions required by this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1. Appropriation [16100 - 16101.5] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1406. ) ## 16100. There is hereby continuously appropriated from the State General Fund to the Controller an amount sufficient to pay the subventions required by this part. (Repealed and added by Stats. 1972, Ch. 1406.)
  119. 16100.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1. Appropriation [16100 - 16101.5] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1406. )

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    The Controller must pay local governments each year for the increased cost caused by Elections Code Section 8106, and may reduce or audit claims in some cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1. Appropriation [16100 - 16101.5] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1406. ) ## 16100.6. Out of the amount appropriated to the Controller by Section 16100, the Controller shall pay each year to each local government on claims submitted 45 days after the effective date of the addition of this section to the code and on September 1 of each year thereafter the actual increased cost to that local government caused by Section 8106 of the Elections Code. The Controller may reduce any claim that appears to be excessive or unreasonable and shall adjust the payment for the current fiscal year for any underpayment or overpayment in a prior fiscal year. The Controller may audit the records of any local public agency to verify actual cost. (Amended by Stats. 1994, Ch. 923, Sec. 39. Effective January 1, 1995.)
  120. 16101.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1. Appropriation [16100 - 16101.5] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1406. )

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    This section states that the part’s purpose is to provide property tax relief to citizens of the state.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1. Appropriation [16100 - 16101.5] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1406. ) ## 16101. It is the purpose of this part to provide property tax relief to the citizens of this state, as undue reliance on the property tax to finance various functions of government has resulted in serious detriment to one segment of the taxpaying public. The subventions from the State General Fund required under this part will serve to partially equalize tax burdens among all citizens, and the state as a whole will benefit. (Repealed and added by Stats. 1972, Ch. 1406.)
  121. 16101.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1. Appropriation [16100 - 16101.5] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1406. )

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    This section defines “assessed value” for this part and sets how tax rates must be stated and converted across fiscal years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1. Appropriation [16100 - 16101.5] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1406. ) ## 16101.5. (a) For purposes of this part, “assessed value” means 25 percent of full value to, and including, the 1980–81 fiscal year, and 100 percent of full value for the 1981–82 fiscal year and fiscal years thereafter; and, tax rates shall be expressed in dollars, or fractions thereof, on each one hundred dollars ($100) of assessed value to and including the 1980–81 fiscal year and as a percentage of full value for the 1981–82 fiscal year and fiscal years thereafter; (b) Whenever this code requires comparison of assessed values, tax rates or property tax revenues for different years, the assessment ratios and tax rates shall be adjusted as necessary so that the comparisons are made on the same basis, and the same amount of tax revenues would be produced, or the same relative value of an exemption or subvention will be realized regardless of the methods of expressing tax rates or the assessment ratio utilized. (c) For purposes of expressing tax rates on the same basis, a tax rate based on a 25 percent assessment ratio and expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value may be multiplied by a conversion factor of twenty-five hundredths of 1 percent to determine a rate comparable to a rate expressed as a percentage of full value; and, a rate expressed as a percentage of full value may be multiplied by a factor of 400 to determine a rate comparable to a rate expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value and based on a 25 percent assessment ratio. (Added by Stats. 1978, Ch. 1207.)
  122. 16110.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1.5. Special Supplemental Subventions [16110 - 16113] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 447, Sec. 3. )

    Verify source ↗

    This section states that the chapter’s purpose is to provide special supplemental subventions to certain cities, multicounty special districts, and redevelopment agencies that would otherwise lose substantial revenue because former personal property tax subvention programs were repealed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1.5. Special Supplemental Subventions [16110 - 16113] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 447, Sec. 3. ) ## 16110. It is the purpose of this chapter to provide special supplemental subventions to certain cities, multicounty special districts, and redevelopment agencies which, without these subventions, would lose substantial revenue because of the repeal of the former personal property tax subvention programs. (Repealed and added by Stats. 1984, Ch. 447, Sec. 3. Effective July 16, 1984.)
  123. 16111.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1.5. Special Supplemental Subventions [16110 - 16113] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 447, Sec. 3. )

    Verify source ↗

    The Controller must allocate specified subvention funds under this section and, for certain years and applicants, determine and adjust the amounts using the formula in the section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1.5. Special Supplemental Subventions [16110 - 16113] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 447, Sec. 3. ) ## 16111. (a) Out of the amount appropriated to the Controller from the General Fund, the Controller shall allocate to each city, multicounty special district, and redevelopment agency an amount in accordance with the terms and conditions set forth in this section. (b) For each city the Controller shall determine the amount of personal property tax subvention payments which would have been received by the city in the 1983–84 fiscal year, but for the operation of Section 100.7 of the Revenue and Taxation Code. (1) For the 1984–85 fiscal year, the Controller shall allocate to each city an amount which is 50 percent of the amount determined pursuant to this subdivision. (2) For the 1985–86 fiscal year, the Controller shall allocate to each city an amount which is 40 percent of the amount determined pursuant to this subdivision. (3) For the 1986–87 fiscal year, the Controller shall allocate to each city an amount which is 30 percent of the amount determined pursuant to this subdivision. (4) For the 1987–88 fiscal year, the Controller shall allocate to each city an amount which is 20 percent of the amount determined pursuant to this subdivision. (5) For the 1988–89 fiscal year, the Controller shall allocate to each city an amount which is 10 percent of the amount determined pursuant to this subdivision. (6) For the 1989–90 fiscal year, and each fiscal year thereafter, the Controller shall not allocate any funds to a city pursuant to this subdivision. (c) Upon, and only upon, application by a multicounty special district or redevelopment agency, the Controller shall determine the loss occasioned by the repeal of the former personal property tax subvention program, as follows: (1) The Controller shall determine the amount of personal property tax subventions which would have been received by the district or redevelopment agency in the 1983–84 fiscal year, but for the operation of Section 100.7 of the Revenue and Taxation Code. (2) The Controller shall determine the amount of revenue received by the district or redevelopment agency pursuant to Section 75.70 of the Revenue and Taxation Code for the current fiscal year. (3) If the amount determined pursuant to paragraph (2) is less than the amount determined pursuant to paragraph (1), then the Controller shall allocate to the district or redevelopment agency an amount equal to the difference between the amounts determined pursuant to paragraphs (1) and (2). (4) The Controller shall make no allocation to a district for that fiscal year in which the amount determined pursuant to paragraph (2) is greater than or equal to the amount determined pursuant to paragraph (1). (5) The Controller shall make no allocation to a redevelopment agency for that fiscal year in which the amount determined pursuant to paragraph (2) is greater than or equal to the amount determined pursuant to paragraph (1) or for any fiscal year thereafter, except as provided in this paragraph. In any fiscal year after a fiscal year in which the amount determined pursuant to paragraph (2) is greater than or equal to the amount determined pursuant to paragraph (1), the Controller shall allocate to the redevelopment agency the amount determined pursuant to paragraph (3) less any amount by which the amount determined pursuant to paragraph (2) is greater than the amount determined pursuant to paragraph (1) in any previous fiscal year. (Amended by Stats. 1984, Ch. 1325, Sec. 1. Effective September 25, 1984.)
  124. 16111.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1.5. Special Supplemental Subventions [16110 - 16113] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 447, Sec. 3. )

    Verify source ↗

    The Controller must allocate funds to eligible nonenterprise special districts for the 1984–85 fiscal year, but only after an application and only under the section’s calculation rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1.5. Special Supplemental Subventions [16110 - 16113] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 447, Sec. 3. ) ## 16111.5. (a) From the amount appropriated specifically for the purposes of this section, for the 1984–85 fiscal year only, the Controller shall allocate to each nonenterprise special district an amount in accordance with the terms and conditions set forth in this section. (b) Upon, and only upon, application by a nonenterprise special district, the Controller shall determine the loss occasioned by the repeal of the former personal property tax subvention program, as follows: (1) The Controller shall determine the amount of personal property tax subventions which would have been received by the nonenterprise special district in the 1983–84 fiscal year, but for the operation of Section 100.7 of the Revenue and Taxation Code. (2) The Controller shall determine the amount of revenue received by the nonenterprise special district pursuant to Section 75.70 of the Revenue and Taxation Code for the 1984–85 fiscal year. (3) If the amount determined pursuant to paragraph (2) is less than the amount determined pursuant to paragraph (1), then the Controller shall allocate to the nonenterprise special district an amount equal to the difference between the amounts determined pursuant to paragraphs (1) and (2). (4) The Controller shall make no allocation to a nonenterprise special district if the amount determined pursuant to paragraph (2) is greater than or equal to the amount determined pursuant to paragraph (1). (c) If the amount appropriated specifically for the purpose of this section is not sufficient to pay all the claims made pursuant to this section, the Controller shall reduce the allocations on a pro rata basis. (d) As used in this section, “nonenterprise special district” means a special district which is not engaged in an enterprise activity, as reported in the most recent Controller’s Annual Report on Financial Transactions of Special Districts. “Nonenterprise special district” may include the nonenterprise activities of a special district which is also engaged in enterprise activities. “Nonenterprise special district” does not include a multicounty special district as defined pursuant to Section 16113. (Amended by Stats. 1984, Ch. 1325, Sec. 2. Effective September 25, 1984.)
  125. 16112.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1.5. Special Supplemental Subventions [16110 - 16113] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 447, Sec. 3. )

    Verify source ↗

    Applications must follow the Controller’s prescribed time, format, and manner, and the Controller must make scheduled payments under this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1.5. Special Supplemental Subventions [16110 - 16113] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 447, Sec. 3. ) ## 16112. (a) Applications to the Controller pursuant to this chapter shall be made in the time, format, and manner prescribed by the Controller. Any rules or regulations adopted pursuant to this subdivision shall not be subject to review and approval by the Office of Administrative Law pursuant to the provisions of the Administrative Procedure Act provided for in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3. (b) The Controller shall make payments to each nonenterprise special district, multicounty special district, or redevelopment agency in three installments each year. The Controller shall make one payment on or before October 31, the second payment on or before February 28, and the third payment on or before June 30. The Controller shall make these payments based on claims which are based on revenues actually received. The Controller shall pay to each city on or before November 15 of each year the amount determined pursuant to subdivision (b) of Section 16111. (c) All officers and employees of any county, city, special district, or redevelopment agency and any state agency, board, or commission shall furnish the Controller with any records or information in their possession which may be necessary to assist the Controller in carrying out the purposes and requirements of this chapter. (Amended by Stats. 1984, Ch. 1325, Sec. 3. Effective September 25, 1984.)
  126. 16112.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1.5. Special Supplemental Subventions [16110 - 16113] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 447, Sec. 3. )

    Verify source ↗

    The Controller must pay each redevelopment agency in two installments, with the first payment due on or before December 31 and the second on July 1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1.5. Special Supplemental Subventions [16110 - 16113] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 447, Sec. 3. ) ## 16112.5. Notwithstanding Section 16112, the Controller shall make payments to each redevelopment agency for the 1990–91 fiscal year and all subsequent fiscal years thereafter, pursuant to Sections 16111 and 16112.7, in two installments. The Controller shall make the first payment on or before December 31 and the second payment on July 1. (Added by Stats. 1990, Ch. 449, Sec. 2. Effective July 31, 1990.)
  127. 16112.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1.5. Special Supplemental Subventions [16110 - 16113] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 447, Sec. 3. )

    Verify source ↗

    This section sets 1990–91 subvention payment procedures for redevelopment agencies and generally bars them from pledging Section 16111 funds as bond security, with limited exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1.5. Special Supplemental Subventions [16110 - 16113] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 447, Sec. 3. ) ## 16112.7. Notwithstanding Sections 16111 and 16112, redevelopment agencies shall receive state subventions for the 1990–91 fiscal year in accordance with the following procedures: (a) The Department of Finance shall calculate an amount equal to 25 percent of the total amount all redevelopment agencies would otherwise be entitled to receive in the 1990–91 fiscal year pursuant to paragraph (3) of subdivision (c) of Section 16111. (b) On or before December 31, 1990, for the 1990–91 fiscal year, the Controller shall allocate the amount calculated pursuant to subdivision (a) to each redevelopment agency in accordance with the percentage entitlement of the total amount that would otherwise be allocated to that agency pursuant to paragraph (3) of subdivision (c) of Section 16111. (c) The Department of Finance shall calculate an amount equal to 50 percent of the total amount all redevelopment agencies would otherwise be entitled to receive in the 1990–91 fiscal year pursuant to paragraph (3) of subdivision (c) of Section 16111. (d) On July 1, 1991, the Controller shall allocate the amount calculated pursuant to subdivision (c) to each redevelopment agency in accordance with the percentage entitlement of the total amount that would otherwise be allocated to that agency pursuant to paragraph (3) of subdivision (c) of Section 16111. (e) Subdivisions (a) to (d), inclusive, shall not apply to any redevelopment agency which has stated in bond instruments and supporting documents that the amounts received pursuant to Section 16111 are pledged as security for payment of the principal and interest of those bonds and that the bond reserve account is insufficient to cover the bond payments. Any redevelopment agency within this subdivision shall, for the 1990–91 fiscal year, instead receive two payments allocated by the Controller, with each payment equal to 50 percent of the amount that would otherwise be allocated to that agency pursuant to paragraph (3) of subdivision (c) of Section 16111. The first payment pursuant to this subdivision shall be made on or before December 31, 1990, and the second payment shall be made on July 1, 1991. No redevelopment agency shall, on or after the effective date of this section, pledge the amounts received pursuant to Section 16111 as security for payment of the principal and interest of bonds, provided, however, that the amounts received pursuant to Section 16111 may be pledged as security for the payment of principal of, and interest on, bonds issued to refund all or a portion of the bonds described in the first sentence of this subdivision if (1) the total debt service on the refunding bonds, as calculated by an accounting firm or other verification agent selected by the redevelopment agency, is not greater than the total debt service on the bonds to be refunded, (2) the term of the refunding bonds is not greater than the term of the bonds to be refunded, and (3) the maximum amount of debt service will in no year be greater than the maximum annual debt service on the bonds to be refunded. (f) Notwithstanding the prohibition contained in subdivision (e), relating to the pledge of amounts received pursuant to Section 16111 as security for the payment of bonds, a redevelopment agency within a city with a population of less than 20,000 which receives amounts pursuant to Section 16111 in the 1989–90 fiscal year in excess of one million five hundred thousand dollars ($1,500,000) but less than two million five hundred thousand dollars ($2,500,000), may pledge amounts received pursuant to Section 16111, which amounts shall not be less than the amounts allocated to the agency for the 1984–85 fiscal year, as security for the payment of the principal and interest on bonds issued prior to January 1, 1992. (Amended by Stats. 1994, Ch. 852, Sec. 3. Effective January 1, 1995.)
  128. 16113.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1.5. Special Supplemental Subventions [16110 - 16113] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 447, Sec. 3. )

    Verify source ↗

    This section defines “multicounty special district” for this chapter by pointing to the meaning given in Section 16271(c) and (d).

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 1.5. Special Supplemental Subventions [16110 - 16113] ( Chapter 1.5 repealed and added by Stats. 1984, Ch. 447, Sec. 3. ) ## 16113. As used in this chapter, “multicounty special district” has the same meaning as that term is defined in subdivisions (c) and (d) of Section 16271. (Repealed and added by Stats. 1984, Ch. 447, Sec. 3. Effective July 16, 1984.)
  129. 16120.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 2. Homeowners’ Property Tax Exemption [16120 - 16122] ( Chapter 2 added by Stats. 1971, Ch. 51. )

    Verify source ↗

    The Controller must make scheduled payments to city and county auditors, who then apportion the reimbursement proceeds to local entities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 2. Homeowners’ Property Tax Exemption [16120 - 16122] ( Chapter 2 added by Stats. 1971, Ch. 51. ) ## 16120. On or before November 30, 1973, and the last day of November of each year thereafter, the Controller shall pay from the amount appropriated from the State General Fund to each city and county auditor 15 percent of the amounts claimed on the preceding October 31 pursuant to Sections 29100.6 and 29100.7 to reimburse local governmental agencies for the tax loss attributable to the homeowners’ property tax exemption. On or before December 31, 1973, and the last day of December of each year thereafter, the Controller shall pay from the amount appropriated from the State General Fund by Section 16100 to each city and county auditor 35 percent of the amounts claimed on the preceding October 31 pursuant to Sections 29100.6 and 29100.7 to reimburse local governmental agencies for the tax loss attributable to the homeowners’ property tax exemption. On or before April 30, 1974, and on or before the last day of April of each calendar year thereafter, the Controller shall pay 35 percent of the amounts claimed by the respective auditors. On or before May 31, 1974, and on or before the last day of May of each calendar year thereafter, the Controller shall pay the remaining 15 percent of the amounts claimed to the respective auditors. Upon receipt of the payments the respective auditors shall apportion the reimbursement proceeds to the local entities in accordance with the claims previously made. (Repealed and added by Stats. 1972, Ch. 1406.)
  130. 16121.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 2. Homeowners’ Property Tax Exemption [16120 - 16122] ( Chapter 2 added by Stats. 1971, Ch. 51. )

    Verify source ↗

    Recipients of revenues paid under this chapter may use those revenues for county, city, district, or other municipal purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 2. Homeowners’ Property Tax Exemption [16120 - 16122] ( Chapter 2 added by Stats. 1971, Ch. 51. ) ## 16121. Revenues paid pursuant to this chapter may be used for county, city, district or other municipal purposes and may, but need not necessarily, be used for purposes of general interest and benefit to the state. It is the purpose of this section to carry out the mandate of subdivision (k) of Section 3 and Section 25 of Article XIII of the Constitution and permit recipients of revenues paid pursuant to this chapter to use such revenues for any purpose for which the recipient could use its property tax revenues. (Amended by Stats. 1977, Ch. 309.)
  131. 16122.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 2. Homeowners’ Property Tax Exemption [16120 - 16122] ( Chapter 2 added by Stats. 1971, Ch. 51. )

    Verify source ↗

    Every taxing agency and revenue district must compute ad valorem tax rates by including exempt homeowners’ property tax values in the tax base.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 2. Homeowners’ Property Tax Exemption [16120 - 16122] ( Chapter 2 added by Stats. 1971, Ch. 51. ) ## 16122. For the purpose of fixing tax rates for ad valorem taxes every taxing agency and revenue district shall compute the rates by including in the base the exempt values for which the homeowners’ property tax exemption is granted under subdivision (k) of Section 3 of Article XIII of the Constitution, together with the values of taxable property against which the taxes are levied. (Amended by Stats. 1977, Ch. 309.)
  132. 16131.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 2.5. Transfers to the State School Fund [16131- 16131.] ( Chapter 2.5 added by Stats. 1972, Ch. 1406. )

    Verify source ↗

    Money appropriated under Section 16100 must be used for advances authorized by Education Code Section 17401.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 2.5. Transfers to the State School Fund [16131- 16131.] ( Chapter 2.5 added by Stats. 1972, Ch. 1406. ) ## 16131. The funds appropriated by Section 16100 shall be used for any advances authorized by Section 17401.5 of the Education Code. (Added by Stats. 1972, Ch. 1406.)
  133. 16140.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. )

    Verify source ↗

    The chapter is funded by a continuous General Fund appropriation to the Controller, but payments are made only when the assessed value condition for each parcel is met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. ) ## 16140. There is hereby continuously appropriated to the Controller from the General Fund a sum sufficient to make the payments required by this chapter. The payments provided by this chapter shall be made only when the value of each parcel of open-space land assessed under Sections 423, 423.3, 423.4, and 423.5 of the Revenue and Taxation Code is less than the value that would have resulted if the valuation of the property was made pursuant to Section 110.1 of the Revenue and Taxation Code, as though the property were not subject to an enforceable restriction in the base year. (Amended by Stats. 1998, Ch. 353, Sec. 1. Effective August 24, 1998.)
  134. 16141.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. )

    Verify source ↗

    This section says the chapter’s purpose is to replace lost property-tax revenue for local governments, and it bars subvention payments for land restricted under the Open-Space Easement Act of 1974.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. ) ## 16141. It is the purpose of this chapter to provide replacement revenues to local government by reason of the reduction of the property tax on open-space lands assessed under Sections 423, 423.3, 423.4, and 423.5 of the Revenue and Taxation Code. Notwithstanding any other provisions of this chapter, no subvention payments to a county, city, city and county, or school district shall be made pursuant to this chapter for land enforceably restricted pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Part 1 of Division 1 of Title 5). (Amended by Stats. 1998, Ch. 353, Sec. 2. Effective August 24, 1998.)
  135. 16142.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. )

    Verify source ↗

    The Secretary must direct annual payments to eligible local governments, and the Controller must reduce those payments by 10 percent starting in fiscal year 2008–09. A county may also choose to implement certain related sections if the prior-year payment falls below one-half of its foregone general fund property tax revenue.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. ) ## 16142. (a) The Secretary of the Natural Resources Agency shall direct the Controller to pay annually out of the funds appropriated by Section 16140, to each eligible county, city, or city and county, the following amounts for each acre of land within its regulatory jurisdiction that is assessed pursuant to Section 423, 423.3, 423.4, or 423.5, or Section 426 if it was previously assessed under Section 423.4, of the Revenue and Taxation Code: (1) Five dollars ($5) for prime agricultural land, as defined in Section 51201. (2) One dollar ($1) for all land, other than prime agricultural land, which is devoted to open-space uses of statewide significance, as defined in Section 16143. (b) The amount per acre in paragraph (1) of subdivision (a) may be increased by the Secretary of the Natural Resources Agency to a figure which would offset any savings due to a more restrictive determination by the secretary as to what land is devoted to open-space use of statewide significance. (c) The amount per acre in subdivision (a) shall only be paid for 10 years from the date that the land was first assessed pursuant to Section 426 of the Revenue and Taxation Code, if it was previously assessed under Section 423.4 of that code. (d) Notwithstanding any other provision of law, for the 2008–09 fiscal year and each fiscal year thereafter, the Controller shall reduce, by 10 percent, any payment made pursuant to this section. (e) Effective January 1, 2011, if the payment pursuant to this section for the previous fiscal year is less than one-half of the participating county’s actual foregone general fund property tax revenue, the county may make a determination to implement subdivision (b) of Section 51244 and Section 51244.3. The implementation of these sections shall be suspended for any subsequent fiscal year in which the payment for the previous fiscal year exceeds one-half of the foregone general fund property tax revenue. For purposes of this subdivision, a county’s actual foregone property tax revenue shall be based on the county’s respective share of the general property tax dollars as reflected in the most recent annual report issued by the State Board of Equalization or 20 percent, whichever is higher. (Amended (as amended by Stats. 2011, Ch. 90, Sec. 1) by Stats. 2014, Ch. 322, Sec. 1. (SB 1353) Effective January 1, 2015.)
  136. 16142.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. )

    Verify source ↗

    This section sets annual per-acre payments for eligible local governments in certain farmland security zones and requires a 10% reduction in those payments for later fiscal years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. ) ## 16142.1. (a) In lieu of the payments made pursuant to Section 16142, in a county that has adopted farmland security zones pursuant to Section 51296, the Secretary of the Natural Resources Agency shall direct the Controller to pay annually out of the funds appropriated by Section 16140, to each eligible county, city, or city and county, the following amount for each acre of land within its regulatory jurisdiction that is assessed pursuant to Section 423.4 or 426 of the Revenue and Taxation Code, if it was previously assessed under Section 423.4 of that code: Eight dollars ($8) for land that is within, or within three miles of the boundaries of the sphere of influence of, each incorporated city. (b) The amount per acre in subdivision (a) shall only be paid for 10 years from the date that the land was first assessed pursuant to Section 426 of the Revenue and Taxation Code, if it was previously assessed under Section 423.4 of that code. The appropriation authorized by this subdivision shall not exceed one hundred thousand dollars ($100,000) per year until 2005. (c) Notwithstanding any other provision of law, for the 2008–09 fiscal year and each fiscal year thereafter, the Controller shall reduce, by 10 percent, any payments made pursuant to this section. (d) Effective January 1, 2011, if the payment pursuant to this section for the previous fiscal year is less than one-half of the participating county’s actual foregone general fund property tax revenue, the county may make a determination to implement subdivision (b) of Section 51244 and Section 51244.3. The implementation of these sections shall be suspended for any subsequent fiscal year in which the payment for the previous fiscal year exceeds one-half of the foregone general fund property tax revenue. For purposes of this subdivision, a county’s actual foregone property tax revenue shall be based on the county’s respective share of the general property tax dollars as reflected in the most recent annual report issued by the State Board of Equalization or 20 percent, whichever is higher. (Amended (as amended by Stats. 2011, Ch. 90, Sec. 3) by Stats. 2014, Ch. 322, Sec. 3. (SB 1353) Effective January 1, 2015.)
  137. 16142.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. )

    Verify source ↗

    This section caps certain payments to cities or counties at an amount tied to a 3-cent property tax levy per $100 of assessed value, subject to stated acreage-assessment exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. ) ## 16142.5. (a) For the fiscal year 1977–78, no payment to a city or county shall increase or reduce the amount which would have been paid to the city or county under the provisions of Section 16142 as it existed on March 1, 1976, as applied to land assessed pursuant to Section 423 or 423.5 of the Revenue and Taxation Code for the fiscal year 1977–78, in excess of an amount which is equal to the property tax derived from a levy at the rate of three cents ($0.03) per hundred dollars of assessed value. (b) For fiscal years subsequent to the 1977–78 fiscal year, no payment to a city or county shall increase or reduce the amount which was paid in the prior fiscal year in excess of an amount which is equal to the property tax derived from a levy at the rate of three cents ($0.03) per hundred dollars of assessed value for the fiscal year, except as affected by an increase or a reduction in the acreage assessed under Section 423, 423.3, or 423.5 of the Revenue and Taxation Code. (Amended by Stats. 1981, Ch. 998, Sec. 4. Effective September 29, 1981.)
  138. 16143.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. )

    Verify source ↗

    Land is treated as devoted to open-space uses of statewide significance if it meets either stated condition, and the Secretary of the Resources Agency makes the final determination.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. ) ## 16143. Land shall be deemed to be devoted to open-space uses of statewide significance if it: (a) Could be developed as prime agricultural land, or (b) Is open-space land as defined in Section 65560 which constitutes a resource whose preservation is of more than local importance for ecological, economic, educational, or other purposes. The Secretary of the Resources Agency shall be the final judge of whether the land is in fact devoted to open-space use of statewide significance. (Added by renumbering Section 16108 by Stats. 1972, Ch. 1066.)
  139. 16144.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. )

    Verify source ↗

    County, city, and city and county governing bodies must file an annual report by October 31; the secretary certifies the payment amount to the Controller, and the Controller must pay by June 30 (not before April 20).

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. ) ## 16144. On or before October 31 each year, the governing body of each county, city, or city and county shall report to the Secretary of the Resources Agency the number of acres of land under its regulatory jurisdiction which qualify for state payments pursuant to the various categories enumerated in Section 16142, together with supporting documentation as the secretary by regulation may require. The secretary, after reviewing the report and determining the eligibility of the local government to receive payment and the actual amount to which it is entitled, shall certify that amount to the Controller for payment, and the Controller shall make the payment on or before June 30, but no earlier than April 20, of each year. The secretary may make supplemental reports to the Controller as he or she deems necessary throughout the year to give effect to new or additional information received from local governing bodies, correct errors, and dispose of contested or conditional situations. Upon receiving the reports, the Controller shall pay any amount certified therein, and may withhold and deduct any certified overpayment from the amount that would otherwise be paid to the local government in the next succeeding year, including any cancellation fees that have not been collected and transmitted pursuant to Section 51283. (Amended by Stats. 2008, Ch. 751, Sec. 42. Effective September 30, 2008.)
  140. 16145.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. )

    Verify source ↗

    Local governments may use open-space subvention funds for specified local and state-benefit purposes, and their governing boards may set allocation standards and phase out payments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. ) ## 16145. Funds received by local governments pursuant to the provisions of this chapter may be used for county, city, or city and county purposes, as the case may be, or may, but need not necessarily, be used for purposes of general interest and benefit to the state. The use of the funds shall include administration, supervision, and enforcement of any open-space program under which a local government receives the funds. The funds may also include an allocation of all or part of them to any special district or school district existing within boundaries of a local government in which land is assessed pursuant to Section 423, 423.3, or 423.5 of the Revenue and Taxation Code, and which has thereby suffered a reduction in its assessed valuation, when the local governing body determines: (a) That the loss of assessed value is substantial and will have an adverse effect upon programs of public importance carried on by the district. (b) The benefits flowing from the restrictions on the use of land within the district do not accrue solely or primarily to landowners or residents within the district. (c) That the taxes collected by the district are not devoted to expenditures primarily of benefit to land or landowners within the district. Any special district or school district may make application for an allocation of the funds from the local government in the form and with such supporting evidence as the governing board of the local government may require. The governing board may also adopt such uniform standards as it believes necessary to determine the amount and method of payment of such assistance, and may provide for such payments to be reduced annually, according to a schedule, so as to cease financial assistance over a specified period of years. However, nothing herein shall be construed as requiring the governing board of the local government to make any allocation to any special district or school district, and the governing board of the local government shall be the sole judge of the entitlement of any special district or school district to any allocation and to the amount of the allocation if granted. (Amended by Stats. 1981, Ch. 998, Sec. 5. Effective September 29, 1981.)
  141. 16146.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. )

    Verify source ↗

    The Secretary of the Resources Agency may, after notice and hearing, decide that a local government is ineligible for state payments if it failed to comply with specified open-space and land-assessment-related requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. ) ## 16146. The Secretary of the Resources Agency may determine, after notice and hearing, that a local government is ineligible to receive state payments pursuant to this article by reason of its failure to comply with the provision of Article 10.5 (commencing with Section 65560) of Chapter 3 of Title 7, or with the provisions of any program which establishes an enforceable restriction upon which the assessment of land within its jurisdiction pursuant to Section 423, 423.3, 423.4, or 423.5 of the Revenue and Taxation Code is based. The fact that a local government has not complied with the requirements of Article 10.5 (commencing with Section 65560) of Chapter 3 of Title 7 by the dates set forth in that article shall not be reason to determine that the local government is ineligible to receive state payments, if the local government has complied by July 1 of the year in which application is made. This section shall not be construed to require the disqualification of any land from assessment pursuant to Section 423, 423.3, 423.4, or 423.5 of the Revenue and Taxation Code as a consequence of any determination of ineligibility by the secretary. (Amended by Stats. 1998, Ch. 353, Sec. 4. Effective August 24, 1998.)
  142. 16147.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. )

    Verify source ↗

    The Secretary of the Resources Agency may ask the Attorney General to sue to enforce certain restrictions on land tied to state-funded payments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. ) ## 16147. The Secretary of the Resources Agency may request the Attorney General to bring any action in court necessary to enforce any enforceable restriction as defined in Section 422 of the Revenue and Taxation Code, upon land for which the secretary has certified payment of state funds to the local governing body during the current or any preceding fiscal year. Such action may include, but is not limited to, an action to enforce the contract by specific performance or injunction. (Added by renumbering Section 16112 by Stats. 1972, Ch. 1066.)
  143. 16148.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. )

    Verify source ↗

    This section appropriates $0 from the General Fund to the Controller for 2010–11 subvention payments to counties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. ) ## 16148. Zero dollars ($0) is appropriated for the 2010–11 fiscal year from the General Fund to the Controller to make subvention payments to counties pursuant to Section 16140 in proportion to the losses incurred by those counties by reason of the reduction of assessed property taxes. (Amended by Stats. 2011, Ch. 11, Sec. 10. (SB 80) Effective March 24, 2011.)
  144. 16154.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. )

    Verify source ↗

    The Secretary of the Resources Agency must obtain needed information from local government agencies and provide collected information on request to the Legislature and other state agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 3. Open-Space Subventions [16140 - 16154] ( Chapter 3 added by Stats. 1972, Ch. 1066. ) ## 16154. In addition to the report required by Section 16144, the Secretary of the Resources Agency shall require from local government agencies such other information relative to lands valued pursuant to Section 8 of Article XIII of the California Constitution as is necessary for the proper administration of the provisions of Sections 16142 through 16153 and for periodic review of the policies established therein. Information collected pursuant to this section shall be transmitted on request to the Legislature and to other state agencies, including, but not limited to, the State Board of Equalization, the Superintendent of Public Instruction, and the Department of Food and Agriculture. (Amended by Stats. 1984, Ch. 193, Sec. 41.)
  145. 16160.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 4. In-Lieu Property Tax Relief for Recipients of Public Assistance [16160- 16160.] ( Chapter 4 added by Stats. 1972, Ch. 1406. )

    Verify source ↗

    The Controller must spend the amounts required by Welfare and Institutions Code Section 15204.1 from the money appropriated under Section 16100.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 4. In-Lieu Property Tax Relief for Recipients of Public Assistance [16160- 16160.] ( Chapter 4 added by Stats. 1972, Ch. 1406. ) ## 16160. Out of the amount appropriated to the Controller by Section 16100, he shall expend the sums required by Section 15204.1 of the Welfare and Institutions Code. (Added by Stats. 1972, Ch. 1406.)
  146. 16180.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    The Controller must move excess money from the fund to the General Fund on set dates, and some of the fund may be made available for manufactured homes starting July 1, 2019.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. ) ## 16180. (a) There is hereby created in the State Treasury a Senior Citizens and Disabled Citizens Property Tax Postponement Fund. The fund shall be an interest-bearing fund. Subject to subdivision (b) and notwithstanding Section 13340, the fund is continuously appropriated to the Controller, commencing January 1, 2015, for purposes of administering this chapter, including, but not limited to, necessary administrative costs and disbursements relating to the postponement of property taxes pursuant to Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), and Chapter 3.5 (commencing with Section 20640) of Part 10.5 of Division 2 of the Revenue and Taxation Code. (b) The Controller shall do all of the following: (1) On June 30, 2017, transfer any moneys in the fund in excess of twenty million dollars ($20,000,000) to the General Fund. (2) On June 30, 2018, and on June 30 each year thereafter, transfer any moneys in the fund in excess of fifteen million dollars ($15,000,000) to the General Fund. (3) On July 1, 2019, and on July 1 each year thereafter, up to 1 percent of the amount available in the fund for disbursements relating to the postponement of property taxes shall be available for residential dwellings that are manufactured homes pursuant to Chapter 3.3 (commencing with Section 20639). (c) On or after January 1, 2015, any loan repayments relating to the Senior Citizens and Disabled Citizens Property Tax Postponement Law shall be deposited into the Senior Citizens and Disabled Citizens Property Tax Postponement Fund. (Amended by Stats. 2018, Ch. 896, Sec. 1. (SB 1130) Effective January 1, 2019.)
  147. 16181.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    The Controller must keep records about certain postponed-property-tax liens and related property records, must issue a written lien-status statement within 10 working days after a written request from an interested person, and may set a reasonable fee for that statement up to $30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. ) ## 16181. (a) The Controller shall maintain a record of all properties against which a notice of lien for postponed property taxes has been recorded. The record shall include, but not be limited to, the names of each claimant, a description of the real property against which the lien is recorded, the identification number of the notice of lien assigned by the Controller, and the amount of the lien. (b) The Controller shall maintain a record of all properties against which the Department of Housing and Community Development has been notified to withhold the transfer of title or permit for transport. The record shall include, but not be limited to, the name of each claimant, a description of the manufactured home against which a security agreement is charged, and the amount secured by the agreement. (c) Upon written request of any person or entity, or the agent of either, having a legal or equitable interest in real property or a manufactured home that is subject to a lien or security agreement for postponed taxes, the Controller shall within 10 working days following receipt of the request issue a written statement showing the amount of the obligation secured by the lien as of the date of the statement and any other information as will reasonably enable the person or entity, or the agent of either, to determine the amount to be paid the Controller in order to obtain a certificate of release or discharge of the lien for postponed taxes. (d) The Controller shall adopt regulations necessary to implement the provisions of this chapter and may establish a reasonable fee, not to exceed thirty dollars ($30), for the provision of the statement of lien status provided for herein. (Amended by Stats. 2018, Ch. 896, Sec. 2. (SB 1130) Effective January 1, 2019.)
  148. 16181.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    For this chapter, “real property” includes certain possessory interests in real property tied to postponed property taxes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. ) ## 16181.5. For purposes of this chapter, “real property” shall include possessory interests in real property for which property taxes have been postponed pursuant to the provisions of Chapter 3.5 (commencing with Section 20640) of Part 10.5 of Division 2 of the Revenue and Taxation Code. (Added by Stats. 1978, Ch. 576.)
  149. 16182.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    The Controller’s payments for postponed property taxes are secured by a state lien or, in one case, a security agreement, and related notices must be recorded or transmitted to the proper agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. ) ## 16182. (a) All sums paid by the Controller under the provisions of this chapter, together with interest thereon, shall be secured by a lien in favor of the State of California when funds are transferred to the county by the Controller upon the real property or a manufactured home situated on real property owned by the claimant for which property taxes have been postponed. In the case of a residential dwelling which is part of a larger parcel taxed as a unit, such as a duplex, farm, or multipurpose or multidwelling building, the lien shall be against the entire tax parcel. In the case of a manufactured home situated on real property not owned by the claimant, the state’s interests shall be secured by a security agreement in favor of the State of California. (b) In the case of real property and a manufactured home situated on real property owned by the claimant: (1) The lien shall be evidenced by a notice of lien for postponed property taxes executed by the Controller, or the authorized delegate of the Controller, and shall secure all sums paid or owing pursuant to this chapter, including amounts paid subsequent to the initial payment of postponed taxes on the real property described in the notice of lien. (2) The notice of lien may bear the facsimile signature of the Controller. Each signature shall be that of the person who shall be in the office at the time of execution of the notice of lien; provided, however, that such notice of lien shall be valid and binding notwithstanding any such person having ceased to hold the office of Controller before the date of recordation. (3) The form and contents of the notice of lien for postponed property taxes shall be prescribed by the Controller and shall include, but not be limited to, the following: (A) The names of all record owners of the real property for which the Controller has advanced funds for the payment of real property taxes. (B) A description of the real property for which real property taxes have been paid. (C) The identification number of the notice of lien which has been assigned the lien by the Controller. (4) Within 14 business days of the transfer of funds and the notice of lien to the county by the Controller, the notice of lien shall be recorded in the office of the county recorder for the county in which the real property subject to the lien is located. (5) The recorded notice of lien shall be indexed in the Grantor Index to the names of all record owners of the real property and in the Grantee Index to the Controller of the State of California. (6) After the notice of lien has been duly recorded and indexed, it shall be returned by the county recorder to the office of the Controller. The Controller shall provide the county tax collector and the county assessor with a copy of the notice of lien which has been executed. (7) From the time of recordation of a notice of lien for postponed property taxes, a lien shall attach to the real property described therein and shall have the priority of a judgment lien for all amounts secured thereby, except that the lien shall remain in effect until either of the following occurs: (A) It is released by the Controller in the manner prescribed by Section 16186. (B) The foreclosure or sale of an obligation secured by a lien which is senior in recording priority to the lien of the State of California. (c) In the case of a manufactured home situated on real property not owned by the claimant, all of the following shall apply: (1) The state’s interest shall be evidenced by a security agreement for postponed property taxes executed by the Controller, or the authorized delegate of the Controller, and shall secure all sums paid owing pursuant to this chapter. (2) The security agreement may bear the facsimile signature of the Controller. The signature shall be that of the person who is in the office at the time of execution of the security agreement. However, the security agreement shall be valid and binding notwithstanding any such person having ceased to hold the office of Controller before the date of filing. (3) The form and contents of the security agreement for postponed property taxes shall be prescribed by the Controller and shall include, but not be limited to, the following: (A) The names of all registered owners of the manufactured home for which the Controller has advanced funds for the payment of real property taxes. (B) A description of the manufactured home for which real property taxes have been paid. (C) The identification number of the security agreement which has been assigned by the Controller. (4) The security agreement shall be transmitted to the Department of Housing and Community Development. (5) Upon receipt of the security agreement for postponed property taxes from the Controller, the Department of Housing and Community Development shall amend the permanent title record of the manufactured home to reflect that the property taxes on the manufactured home are subject to postponement. (6) The Department of Housing and Community Development shall provide the Controller with an acknowledgment of receipt and amendment of the permanent title record. (7) From the time that the Department of Housing and Community Development receives the security agreement from the Controller, the department shall impose a moratorium on any other amendments to the permanent title record of the manufactured home unit until released by the Controller in the manner prescribed by Section 16186, or an authorization for the amendments is given by the Controller in writing. (8) From the time of filing, a security agreement shall attach to the manufactured home for which eligibility for the postponement of property taxes has been granted. (Amended by Stats. 2018, Ch. 896, Sec. 3. (SB 1130) Effective January 1, 2019.)
  150. 16183.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    This section sets the interest rate on postponed property tax payments and requires the Controller to update and publish the rate when specified conditions are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. ) ## 16183. (a) From the time a payment is made pursuant to Section 16180, the amount of that payment shall bear interest at a rate (not compounded), determined as follows: (1) Beginning July 1, 2020, the rate of interest shall be 5 percent per annum. (2) Beginning July 1, 2016, until June 30, 2020, the rate of interest shall be 7 percent per annum. (3) The Controller shall establish an adjusted rate of interest for the purpose of this subdivision not later than July 15th of any year if the effective annual yield of the Pooled Money Investment Account for the prior fiscal year is at least a full percentage point more or less than the interest rate which is then in effect. The adjusted rate of interest shall be equal per annum to the effective annual yield earned in the prior fiscal year by the Pooled Money Investment Account rounded to the nearest full percent, and shall become effective for new deferrals, beginning on July 1, 1984, and on July 1 of each immediately succeeding year, until June 30, 2016. (4) For loans made prior to June 30, 2016, the rate of interest provided pursuant to this subdivision for the first fiscal year commencing after payment is made pursuant to Section 16180 shall apply for that fiscal year and each fiscal year thereafter until these postponed property taxes are repaid. (b) The interest provided for in subdivision (a) shall be applied beginning the first day of the month following the month in which that payment is made and continuing on the first day of each month thereafter until that amount is paid. In the event that any payments are applied, in any month, to reduce the amount paid pursuant to Section 16180, the interest provided for herein shall be applied to the balance of that amount beginning on the first day of the following month. (c) In computing interest in accordance with this section, fractions of a cent shall be disregarded. (d) For the purpose of this section, the time a payment is made shall be deemed to be the time a payment is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later. (e) The Controller shall include on forms supplied to claimants pursuant to Sections 20621, 20630.5, 20639.9, 20640.9, and 20641 of the Revenue and Taxation Code, a statement of the interest rate which shall apply to amounts postponed for the fiscal year to which the form applies. (Amended by Stats. 2019, Ch. 794, Sec. 1. (AB 133) Effective January 1, 2020.)
  151. 16184.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    The Controller must adjust the lien or security agreement amount up or down as payments and related interest are received, and record those changes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. ) ## 16184. (a) The Controller shall reduce the amount of the obligation secured by the lien or security agreement against the real property or manufactured home by the amount of any payments received for that purpose and by notification of any amounts paid by the Franchise Tax Board pursuant to Section 20564 of the Revenue and Taxation Code or by any amounts authorized pursuant to subdivision (f) of Section 20621 of the Revenue and Taxation Code. Any payment received for that purpose shall be applied in the following order: (1) To any interest due on the loan. (2) To the principal property tax amount. (3) The remaining balance, if any, to administrative fees. (b) The Controller shall also increase the amount of the obligation secured by the lien or security agreement by the amount of any subsequent payments made pursuant to Section 16180 with respect to the real property or manufactured home and to reflect the accumulation of interest. All such increases and decreases shall be entered in the record described in Section 16181. (Amended by Stats. 2018, Ch. 896, Sec. 5. (SB 1130) Effective January 1, 2019.)
  152. 16186.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    When the postponed-property-tax obligation is paid off or otherwise discharged, the Controller must release the lien and direct related record removals; for certain manufactured homes, the Controller must also send a release and a $6 fee to Housing and Community Development.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. ) ## 16186. (a) If at any time the amount of the obligation secured by the lien for postponed property taxes is paid in full or otherwise discharged, the Controller, or the authorized delegate of the Controller, shall in the case of real property and a manufactured home situated on real property owned by the claimant: (1) Execute and cause to be recorded in the office of the county recorder of the county wherein the real property described in the lien is located, a release of the lien conclusively evidencing the satisfaction of all amounts secured by the lien. The cost of recording the release of the lien shall be added to and become part of the obligation secured by the lien being released. (2) Direct the tax collector to remove from the secured roll, the information required to be entered thereon by paragraph (1) of subdivision (a) of Section 2514 of the Revenue and Taxation Code with respect to the property described in the lien. (3) Direct the assessor to remove from the assessment records applicable to the property described in the lien, the information required to be entered on such records by Section 2515 of the Revenue and Taxation Code. (b) If at any time the amount of the obligation secured by the security agreement for postponed property taxes is paid in full or otherwise discharged, the Controller, or the authorized delegate of the Controller, shall, in the case of a manufactured home situated on real property not owned by the claimant: (1) Direct the tax collector to remove from the secured roll the information required to be entered thereon by paragraph (1) of subdivision (a) of Section 2514 of the Revenue and Taxation Code. (2) Transmit a Release of Lien and a fee of six dollars ($6), to the Department of Housing and Community Development. The cost of recording the release of the lien shall be added to and become part of the obligation secured by the lien being released. Upon receipt of the Release of Lien and the fee, the department shall terminate the restriction on the permanent title record as provided in Section 16182. (Amended by Stats. 2019, Ch. 329, Sec. 6. (SB 780) Effective January 1, 2020.)
  153. 16186.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    If a payment for postponed property taxes is more than what the state is owed, the Controller may refund the overpayment and must pay refunds from the Section 16180 appropriation or a substitute appropriation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. ) ## 16186.5. In the event that a payment which is made to satisfy an obligation secured by a lien for postponed property taxes exceeds the amount owing to the state, the Controller may refund the overpayment to the party entitled thereto. The Controller shall pay those refunds out of the amount appropriated by Section 16180, or any appropriation in lieu thereof. (Amended by Stats. 2017, Ch. 387, Sec. 6. (SB 205) Effective January 1, 2018.)
  154. 16187.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    When a senior lien is being foreclosed, notice must be given to the Controller, with a 60-day notice rule for judicial foreclosure and a special 25-day sale-notice rule in certain nonjudicial foreclosure cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 1. Payments and Liens [16180 - 16187] ( Article 1 added by Stats. 1977, Ch. 1242. ) ## 16187. (a) In the event of a judicial foreclosure of any lien senior in priority to the lien provided by Section 16182, notice shall be given the Controller, in such manner as the Controller may prescribe, not less than 60 days prior to the sale upon judicial foreclosure of any lien senior in priority to the lien provided by Section 16182, unless the Controller is named and served as a defendant in a judicial proceeding for foreclosure. (b) In the event of a nonjudicial foreclosure of any lien senior in priority to the lien provided by Section 16182, notice shall be given to the Controller, pursuant to Section 2924b of the Civil Code. However, when the notice of lien for postponed property taxes is recorded subsequent to the recordation of a notice of default, the Controller shall be given notice of sale not less than 25 days prior to such sale provided that the lien for postponed property taxes is recorded more than 30 days before such sale. In the event of a failure to give the notice required by this section, the lien established by Section 16182 shall not be affected by the foreclosure or sale of any such senior lien. (Amended by Stats. 1978, Ch. 43.)
  155. 16190.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 2. Delinquency [16190 - 16192] ( Article 2 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    Amounts owed under Article 1 become due when specified events happen, such as the claimant moving out, dying, selling the property, delinquent taxes, failed secured obligations, erroneous postponement, refinancing, or election to use a reverse mortgage program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 2. Delinquency [16190 - 16192] ( Article 2 added by Stats. 1977, Ch. 1242. ) ## 16190. All amounts owing pursuant to Article 1 (commencing with Section 16180) of this chapter shall become due if any of the following occurs: (a) The claimant, who is either the sole owner or sole possessory interestholder of the residential dwelling, as defined in Section 20583 or Section 20640 of the Revenue and Taxation Code, or a coowner or copossessory interestholder with a person other than a spouse or other individual eligible to postpone property taxes pursuant to Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640) of Part 10.5 of Division 2 of that code, ceases to occupy the premises as his residential dwelling, dies, or sells, conveys, or disposes of the property, or allows any tax or special assessment on the premises described in Section 20583 of such code to become delinquent. If the sole owner or possessory interestholder claimant dies and his or her surviving spouse inherits the premises and continues to own and occupy it as his or her principal place of residence, then the lien amount does not become due and payable unless taxes or special assessments described in the preceding sentence become delinquent, or such surviving spouse dies, or sells, conveys, or disposes of the interest in the property. (b) The claimant, who is a coowner or copossessory interestholder of the residential dwelling, as defined in Section 20583 or Section 20640.2 of the Revenue and Taxation Code, with a spouse or another individual eligible to postpone property taxes pursuant to Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640) of Part 10.5 of Division 2 of that code, dies, and the surviving spouse or other surviving eligible individual allows any tax or special assessment on the premises described in Section 20583 of such code to become delinquent or such surviving spouse or other individual ceases to occupy the premises as a residential dwelling, dies, or conveys, or disposes of the interest in the property. (c) The failure of the claimant to perform those acts the claimant is required to perform where such performance is secured, or will be secured in the event of nonperformance, by a lien which is senior to that of the lien provided by Section 16182. (d) Postponement was erroneously allowed because eligibility requirements were not met. (e) The claimant is refinancing the residential dwelling. (f) The claimant has elected to participate in a reverse mortgage program for the residential dwelling. (Amended by Stats. 2015, Ch. 391, Sec. 4. (SB 801) Effective January 1, 2016.)
  156. 16191.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 2. Delinquency [16190 - 16192] ( Article 2 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    Amounts paid under Section 16180 keep accruing interest, and related amounts do not become due and payable if one of the listed conditions is met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 2. Delinquency [16190 - 16192] ( Article 2 added by Stats. 1977, Ch. 1242. ) ## 16191. The amounts paid pursuant to Section 16180 shall continue to draw interest but amounts owing pursuant to Article 1 (commencing with Section 16180) of this chapter shall not become due and payable if any of the following occurs: (a) The claimant continues to own and occupy or hold the possessory interest and occupy the premises as a residential dwelling, but ceases to postpone property taxes pursuant to Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640) of Part 10.5 of Division 2 of the Revenue and Taxation Code, and does not allow any tax or assessment against the premises, as described in Section 20583 of such code, to become delinquent. (b) The surviving spouse of a claimant continues to own and occupy or hold the possessory interest and occupy the premises as a residential dwelling, but is ineligible to postpone property taxes pursuant to Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640) of Part 10.5 of Division 2 of the Revenue and Taxation Code, or elects not to postpone such taxes, and does not allow any tax or assessment against the premises, as described in Section 20583 of such code, to become delinquent. (c) The surviving individual otherwise eligible to postpone property taxes pursuant to Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640) of Part 10.5 of Division 2 of the Revenue and Taxation Code continues to own and occupy or hold the possessory interest and occupy the premises as a residential dwelling, but elects not to postpone the property taxes pursuant to such chapter, and does not allow any tax or assessment against the premises, as described in Section 20583 of such code, to become delinquent. (Amended by Stats. 2015, Ch. 391, Sec. 5. (SB 801) Effective January 1, 2016.)
  157. 16192.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 2. Delinquency [16190 - 16192] ( Article 2 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    If certain eligible people postpone property taxes, payments made under Section 16180 are added to the lien on the residential dwelling.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 2. Delinquency [16190 - 16192] ( Article 2 added by Stats. 1977, Ch. 1242. ) ## 16192. If, at any time, a person meeting the requirements of subdivision (a) or (c) of Section 16191 elects, or any surviving spouse described in subdivision (b) of such section becomes eligible, or otherwise elects, to postpone property taxes pursuant to Chapter 2 (commencing with Section 20581), Chapter 3 (commencing with Section 20625), Chapter 3.3 (commencing with Section 20639), or Chapter 3.5 (commencing with Section 20640) of Part 10.5 of Division 2 of the Revenue and Taxation Code, payments made pursuant to Section 16180 shall be added to the amount of the lien existing against the residential dwelling. (Amended by Stats. 2018, Ch. 896, Sec. 7. (SB 1130) Effective January 1, 2019.)
  158. 16200.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 3. Enforcement and Foreclosure [16200 - 16202] ( Article 3 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    When the Controller receives certain notices, the Controller may notify the tax collector or other party, bid at auction with specified funds, or acknowledge receipt by mail.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 3. Enforcement and Foreclosure [16200 - 16202] ( Article 3 added by Stats. 1977, Ch. 1242. ) ## 16200. In the event that the Controller receives the notice described in Section 16187 of this code or Section 3375 of the Revenue and Taxation Code, the Controller may take any of the following actions which will best serve the interests of the state: (a) Notify, by United States mail, the tax collector or other party that such notice has been received and that the Controller must be given at least 20 days prior notice of the date that the property will be sold at auction. If the Controller elects to proceed under this subdivision, the Controller may use funds appropriated by Section 16180 to bid on the property at the auction up to the amount secured by the state’s lien on the property and any lien on such property having priority over the state’s lien. All additional amounts paid pursuant to this subdivision shall be added to the amount secured by the lien on such property provided for in Article 1 (commencing with Section 16180) of this chapter. (b) Acknowledge by United States mail that the notice required by Section 16187 of this code or Section 3375 of the Revenue and Taxation Code has been received. (Amended by Stats. 2017, Ch. 387, Sec. 7. (SB 205) Effective January 1, 2018.)
  159. 16201.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 3. Enforcement and Foreclosure [16200 - 16202] ( Article 3 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    If the Controller determines the taxes are due and payable, the Controller may demand payment, file a claim against a decedent’s estate, ask the Attorney General to sue, or direct General Services to sell the property.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 3. Enforcement and Foreclosure [16200 - 16202] ( Article 3 added by Stats. 1977, Ch. 1242. ) ## 16201. If the Controller, by reason of the notice described in Section 3375 of the Revenue and Taxation Code or by reason of information from any other source, determines that all amounts owing under Article 1 (commencing with Section 16180) of this chapter have become due and payable pursuant to Section 16190, the Controller may, in addition to the options provided in Section 16200, take any of the following actions which will best serve the interest of the state: (a) The Controller may demand payment of such amount from any person liable therefor. (b) If the Controller has reasonable cause to believe that sale of the property will not satisfy the amount secured by the state’s lien, the Controller may file a claim against the estate of any decedent whose property is liable for such amount or the Controller may request the Attorney General to bring an action under Section 2931c of the Civil Code to recover the amount of the state’s lien. (c) The Controller may direct the Department of General Services to sell such property pursuant to Chapter 4.5 (commencing with Section 14735) of Part 5.5 of Division 3 of this title or, if applicable, Division 9 (commencing with Section 9101) of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 46.1. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  160. 16202.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 3. Enforcement and Foreclosure [16200 - 16202] ( Article 3 added by Stats. 1977, Ch. 1242. )

    Verify source ↗

    If the state acquires a real property interest under Section 16200(b), the Controller may take additional actions, including selling, leasing, or retaining the interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1. FUNDS FOR SUBVENTIONS [16100 - 16202] ( Part 1 added by Stats. 1969, Ch. 1526. ) ## CHAPTER 5. Payment of Postponed Property Taxes [16180 - 16202] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1982, Ch. 454, Sec. 61. ) ## ARTICLE 3. Enforcement and Foreclosure [16200 - 16202] ( Article 3 added by Stats. 1977, Ch. 1242. ) ## 16202. Notwithstanding any other provision of law, in the event that the state acquires an interest in real property pursuant to subdivision (b) of Section 16200, the Controller may, in addition to the options provided in Section 16201, take any other action with respect to that real property interest as will best serve the interest of the state. These actions may include, but shall not be limited to, the sale, lease, or retention of any interest so acquired. The Controller may contract with licensed real estate brokers, maintenance and repair contractors, security contractors, appraisers, property managers, insurance brokers, and any other experts or specialists as may be necessary to protect or preserve the state’s interest in that property. The Controller may pay the costs incurred pursuant to those contracts out of the amount appropriated by Section 16180, or from any appropriation in lieu thereof. The sale of those interests may be made on the basis of conventional financing arrangements including the securing of payment through the use of promissory notes, deeds of trust, and other accepted methods of deferred payment. (Amended by Stats. 2017, Ch. 387, Sec. 8. (SB 205) Effective January 1, 2018.)
  161. 16250.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 1. Cities [16250 - 16251] ( Chapter 1 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    This section directs the Controller to allocate and distribute funds to cities for fiscal year 1978–79 using the stated formula and schedule, with special rules for police and fire protection funding and for cities formed during or after fiscal year 1977–78.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 1. Cities [16250 - 16251] ( Chapter 1 added by Stats. 1978, Ch. 292. ) ## 16250. (a) Out of the amount appropriated by Section 16100, there shall be allocated to the cities in this state, for the 1978–79 fiscal year only, two hundred fifty million dollars ($250,000,000) to be distributed as provided in subdivisions (b), (c), and (d) of this section. (b) (1) For each city the amount of property taxes collected plus the amount of homeowners’ and business inventory exemption reimbursement in 1977–78 shall be determined by the Controller. (2) From the amount determined pursuant to paragraph (1), there shall be subtracted the amount determined for each city in 1978–79 pursuant to Section 26912.1. (3) The remainder determined pursuant to paragraph (2) shall be aggregated for all cities in the state. (4) The Controller shall then determine what the percentage of the amount computed for each city pursuant to paragraph (2) is of the total statewide amount computed pursuant to paragraph (3). (5) The percentage determined pursuant to paragraph (4) shall be applied to the two hundred fifty million dollars ($250,000,000) to determine each city’s dollar share of the surplus allocation. (c) From each city’s dollar share of the total allocation, there shall be subtracted an amount equal to one-third of the amount by which the city’s general fund reserve balance on July 1, 1978, as defined in subdivision (e), exceeds 5 percent of the city’s 1977–78 total revenues. However, this subdivision shall not apply to a city formed during or after fiscal year 1977–78. (d) The amount determined in paragraph (5) of subdivision (b) minus the amount determined in subdivision (c) shall be distributed to each city by the Controller in accordance with the following schedule: 33 percent—on August 31, 1978, or a subsequent date if the information needed by the Controller is not available by this date. 33 percent—on December 10, 1978. 34 percent—on May 10, 1979. (e) For the purposes of this section, “General Fund reserve” includes the unappropriated fund balance as of June 30, 1978 of the General Fund. “General Fund reserves” shall not include: (1) Noncash assets such as stores, inventory, property and buildings, or other investments purchased prior to June 6, 1978. (2) Any amounts for self-insurance, for contractual obligations, or for reserves established by law or a governing board policy adopted prior to June 6, 1978. (3) Any amounts restricted by law or court order. (4) Any amounts committed to a capital outlay project approved prior to June 6, 1978, by the city council. (f) For the purpose of this section, the amount of property tax collected pursuant to existing law for the purpose of making annual payments for the interest and principal on outstanding general obligation bonds or other indebtedness approved by the voters prior to July 1, 1978, shall be excluded from all calculations. (g) Funds distributed under this section shall be distributed first for police and fire protection programs in order not to jeopardize the health and safety of the community. The legislative body shall ensure that the level of police and fire protection programs actually provided in the 1977–78 fiscal year shall be continued in the 1978–79 fiscal year. However, this subdivision shall not apply to a city formed during or after fiscal year 1977–78. Nothing in this section shall prevent the legislative body from reviewing and establishing its police and fire protection program in the 1978–79 fiscal year in a manner which will make such program more efficient and effective. Any determination by a city council implementing this section is hereby declared to be a legislative act. (h) The Controller shall make any necessary reconciliation no later than August 30, 1979. (i) Notwithstanding any other provision of law, out of the amount appropriated by Section 16100, there shall be allocated to cities formed during or after fiscal year 1977–78, the sum of two hundred twenty-one thousand dollars ($221,000) to be distributed by the Controller on May 10, 1979, as follows: (1) The sum of seventy-seven thousand dollars ($77,000) to the City of La Habra Heights. (2) The sum of one hundred forty-four thousand dollars ($144,000) to the City of Grand Terrace. (Amended by Stats. 1979, Ch. 282.)
  162. 16251.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 1. Cities [16250 - 16251] ( Chapter 1 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    A challenge to a governing body determination under this chapter must be filed within 90 days after the determination.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 1. Cities [16250 - 16251] ( Chapter 1 added by Stats. 1978, Ch. 292. ) ## 16251. No action or proceeding shall be commenced to contest any determination of the governing body pursuant to this chapter, unless such action or proceeding shall have been brought within 90 days after the governing body’s determination. (Added by Stats. 1978, Ch. 332.)
  163. 16260.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2. Counties [16260 - 16262.5] ( Chapter 2 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    This section allocates $436 million for counties and cities and counties for 1978–79, directs the Controller to calculate and distribute the shares, and requires local legislative bodies to keep police, sheriff, and fire protection at 1977–78 levels.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2. Counties [16260 - 16262.5] ( Chapter 2 added by Stats. 1978, Ch. 292. ) ## 16260. (a) Except as provided in subdivision (x), out of the amount appropriated by Section 16100, there shall be allocated for counties and cities and counties, for the 1978–79 fiscal year only four hundred thirty-six million dollars ($436,000,000) to be distributed as provided in subdivisions (b), (c), (d), and (e). (b) (1) For each county and city and county, the amount of property taxes collected, plus the amount of homeowners’ and business inventory exemption reimbursements, for the 1977–78 fiscal year shall be computed by the Controller. (2) From the amount determined pursuant to paragraph (1), there shall be subtracted the amount determined for each county and city and county in 1978–79 pursuant to Section 26912.1. (3) From the remainder determined pursuant to paragraph (2), there shall be subtracted the dollar amount of a county’s obligation in 1978–79 relieved by Sections 33 and 34 of Chapter 292 of the Statutes of 1978. (4) The amount determined pursuant to paragraph (3) shall be aggregated for counties and cities and counties in the state. (5) The Controller shall then determine what the percentage of the amount computed for each county and city and county pursuant to paragraph (3) is of the total statewide amount computed pursuant to paragraph (4). (6) The percentage determined pursuant to paragraph (5) shall be applied to the amount described in subdivision (a), modified by subdivision (x) if applicable, to determine the dollar share of the surplus allocation for each county and city and county. (c) From each county’s or city and county’s surplus allocation, there shall be subtracted an amount equal to one-third of the amount by which the county’s or city and county’s general fund reserve balance on July 1, 1978, as defined in subdivision (e), exceeds 5 percent of the county’s or city and county’s total 1977–78 revenues. (d) The remainder determined in subdivision (b) minus the amount determined in subdivision (c), if positive, shall be distributed to each county and city and county by the Controller in accordance with the following schedule: Thirty-three percent—on August 31, 1978, or a subsequent date if the information needed by the Controller is not available by this date. Thirty-three percent—on December 10, 1978. Thirty-four percent—on May 10, 1979. (e) As used in this section, “general fund reserves” includes the fund balance available as of June 30, 1978, of the general fund. “General fund reserves” shall not include: (1) Noncash assets such as stores, inventory, property and buildings, or other investments purchased prior to June 6, 1978. (2) Any amounts for self-insurance, for contractual obligations, or for reserves established by law or a governing board policy adopted prior to June 6, 1978. (3) Any amounts restricted by law or court order. (4) Any amounts committed to a capital outlay project approved prior to June 6, 1978, by the board of supervisors. (f) For the purpose of this section, the amount of property tax collections pursuant to existing law for the purpose of making annual payments for the interest and principal on outstanding general obligation bonds or other indebtedness approved by the voters prior to July 1, 1978, shall be excluded from all calculations. (g) Funds distributed pursuant to this section shall be given first for police, sheriff, and fire protection programs in order not to jeopardize the health and safety of the community. The legislative body shall ensure that the level of police, sheriff, and fire protection programs actually provided in the 1977–78 fiscal year shall be continued in 1978–79. Nothing in this section shall prevent the legislative body from reviewing and establishing its police, sheriff, and fire protection program in the 1978–79 fiscal year in a manner which will make such program more efficient and effective. Any determination by the legislative body implementing this section is hereby declared to be a legislative act. (h) The Controller shall estimate the amounts required to be determined pursuant to paragraph (3) of subdivision (b). The Controller shall make any necessary reconciliation no later than August 30, 1979. (x) The amount allocated in subdivision (a) shall be reduced by an amount equal to the county share of any cost-of-living increase in aid payments under the Aid to Families With Dependent Children program, as provided in Section 35 of Chapter 292 of the Statutes of 1978. (Amended by Stats. 1980, Ch. 676.)
  164. 16261.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2. Counties [16260 - 16262.5] ( Chapter 2 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    A challenge to a governing body determination under this chapter must be filed within 90 days of that determination.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2. Counties [16260 - 16262.5] ( Chapter 2 added by Stats. 1978, Ch. 292. ) ## 16261. No action or proceeding shall be commenced to contest any determination of the governing body pursuant to this chapter, unless such action or proceeding shall have been brought within 90 days after the governing body’s determination. (Added by Stats. 1978, Ch. 332.)
  165. 16262.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2. Counties [16260 - 16262.5] ( Chapter 2 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    This section limits certain county administrative funding reductions and requires county supervisors to certify that reductions are made proportionately.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2. Counties [16260 - 16262.5] ( Chapter 2 added by Stats. 1978, Ch. 292. ) ## 16262. (a) Notwithstanding any other provision of law, until June 30, 1996, if county-imposed funding reductions prevent a county from fully funding the county share of the nonfederal administrative costs of the Aid to Families with Dependent Children, Food Stamps, and In-Home Supportive Services programs, the reimbursements to counties for the state share of nonfederal costs shall not be reduced. (b) Subdivision (a) shall be subject to the following restrictions: (1) The reduction imposed upon departments within a county responsible for administering the programs referred to in subdivision (a) shall be proportionate to the average reduction in county funds for administrative activities imposed on all other departments within a county, except departments funded with revenue from Section 35 of Article XIII of the California Constitution and the county departments of health services. The county board of supervisors shall certify that the reductions are imposed proportionately. (2) If a county reduces the department responsible for administering the programs referred to in subdivision (a), and makes reductions that exceed the average reduction of any other county departments, with the exception of departments funded with revenue from Section 35 of Article XIII of the California Constitution, and the county departments of health services, then the state allocation for these programs shall be reduced by the same percentage. (3) The state share of nonfederal costs for county administration allocated to a county for the administration of the programs referred to in subdivision (a) shall be limited to the 1995–96 fiscal year allocations as determined by the State Department of Social Services in compliance with current allocation formulas as adjusted pursuant to paragraph (2). (4) No reduction in county administrative costs authorized by this section shall result in any increased cost to the state General Fund. (5) No reduction in county administrative costs authorized by this section shall result in any decrease in county assistance payments in the programs referred to in subdivision (a). (c) Subdivisions (a) and (b) shall become operative on the date the Budget Act of 1995 is enacted. (Added by Stats. 1995, Ch. 312, Sec. 1. Effective August 3, 1995. Note: The 1995 Budget Act (Ch. 303) was enacted on Aug. 3, 1995.)
  166. 16262.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2. Counties [16260 - 16262.5] ( Chapter 2 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    Counties seeking relief under this section must apply to the State Department of Social Services by October 31 of the fiscal year, and the county board of supervisors must certify proportional reductions where required.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2. Counties [16260 - 16262.5] ( Chapter 2 added by Stats. 1978, Ch. 292. ) ## 16262.5. (a) Notwithstanding any other provision of law, until June 30, 2001, the reimbursement of counties meeting one of the following conditions shall not be reduced for the state share of the nonfederal costs for the administration of the In-Home Supportive Services program. (1) County-imposed funding reductions in the 1999–2000 or 2000–01 fiscal year prevent a county from fully funding the county share of the nonfederal administrative costs of the programs identified in subdivision (a). (2) Application for relief under Section 16262 and this section was approved in a prior fiscal year for which relief is sought pursuant to these sections and the level of county match available is at least the amount specified in the application for that same fiscal year subject to the restrictions contained in subdivision (b). (b) Subdivision (a) shall be subject to the following restrictions: (1) The reduction imposed upon departments within a county responsible for administering the program referred to in subdivision (a) shall be proportionate to the average reduction in county funds for administrative activities imposed on all other departments within a county, except departments funded with revenue from Section 35 of Article XIII of the California Constitution and the county departments of health services. The county board of supervisors shall certify that the reductions are imposed proportionately. (2) If a county reduces the department responsible for administering the program referred to in subdivision (a), and makes reductions that exceed the average reduction of any other county departments, with the exception of departments funded with revenue from Section 35 of Article XIII of the California Constitution, and the county departments of health services, then the state allocation for that program shall be reduced by the same percentage. (3) The state share of nonfederal costs for county administration allocated to a county for the administration of the programs referred to in subdivision (a) shall be limited to the 1999–2000 or 2000–01 fiscal year allocations as determined by the State Department of Social Services in compliance with current allocation formulas as adjusted pursuant to paragraph (2). (4) No reduction in county administrative costs authorized by this section shall result in any increased cost to the state General Fund. (5) No reduction in county administrative costs authorized by this section shall result in any decrease in county assistance payments in the program referred to in subdivision (a). (6) The maximum rate reduction shall not exceed 15 percent of the required county match. For counties that received fiscal relief in either the 1995–96 or 1996–97 fiscal year, the county match shall be the greater of 50 percent of the required county match for the year relief is being requested, or alternatively, the county match approved in either the 1995–96 or 1996–97 fiscal year. (c) Counties requesting relief under this section shall apply to the State Department of Social Services on or before October 31 of the fiscal year for which relief is sought pursuant to this section. (Amended by Stats. 1999, Ch. 90, Sec. 1. Effective July 12, 1999.)
  167. 16265.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2.5. County Revenue Stabilization [16265 - 16265.7] ( Chapter 2.5 added by Stats. 1987, Ch. 1286, Sec. 3. )

    Verify source ↗

    This section says the chapter is named the “Bergeson-Costa-Nielsen County Revenue Stabilization Act of 1987” 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 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2.5. County Revenue Stabilization [16265 - 16265.7] ( Chapter 2.5 added by Stats. 1987, Ch. 1286, Sec. 3. ) ## 16265. This chapter shall be known and may be cited as the “Bergeson-Costa-Nielsen County Revenue Stabilization Act of 1987.” (Amended by Stats. 2000, Ch. 375, Sec. 9. Effective January 1, 2001.)
  168. 16265.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2.5. County Revenue Stabilization [16265 - 16265.7] ( Chapter 2.5 added by Stats. 1987, Ch. 1286, Sec. 3. )

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    This provision states legislative findings and intent about county social welfare and public health programs and the goal of stabilizing county revenues.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2.5. County Revenue Stabilization [16265 - 16265.7] ( Chapter 2.5 added by Stats. 1987, Ch. 1286, Sec. 3. ) ## 16265.1. The Legislature finds and declares all of the following: (a) The provision of basic social welfare and public health programs by counties is a matter of statewide interest. (b) In some cases, the costs of these programs have grown more quickly than the counties’ own general purpose revenues. (c) A county should not be required to drastically divert its own general purpose revenues from other public programs in order to pay for basic social welfare and public health programs. (d) California residents should not be denied the benefits of these programs because counties are hampered by a severe lack of funds for these purposes. (e) Accordingly, it is the intent of the Legislature in enacting this chapter to protect the public peace, health, and safety by stabilizing counties’ revenues. (Amended by Stats. 2008, Ch. 56, Sec. 3. Effective January 1, 2009.)
  169. 16265.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2.5. County Revenue Stabilization [16265 - 16265.7] ( Chapter 2.5 added by Stats. 1987, Ch. 1286, Sec. 3. )

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    This section defines key terms used in the chapter, including “County,” “County costs of eligible programs,” and “General purpose revenues.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2.5. County Revenue Stabilization [16265 - 16265.7] ( Chapter 2.5 added by Stats. 1987, Ch. 1286, Sec. 3. ) ## 16265.2. As used in this chapter: (a) “County” means a county and a city and county. (b) “County costs of eligible programs” means the amount of money other than federal and state funds, as reported by the State Department of Social Services to the Department of Finance or as derived from the Controller’s “Annual Report of Financial Transactions Concerning Counties of California,” that each county spends for each of the following: (1) The Aid to Families with Dependent Children for Family Group and Unemployed Parents programs plus county administrative costs for each program minus the county’s share of child support collections for each program, as described in Sections 10100, 10101, and 11250 of, and subdivisions (a) and (b) of Section 15200 of, the Welfare and Institutions Code. (2) The county share of the cost of service provided for the In-Home Supportive Services Program, as described in Sections 10100, 10101, and 12306 of the Welfare and Institutions Code. (3) The community mental health program, as described in Section 5705 of the Welfare and Institutions Code. (4) The county share of CalFresh, as described in Section 18906.5 of the Welfare and Institutions Code. (c) “General purpose revenues” means revenues received by a county whose purpose is not restricted by state law to a particular purpose or program, as reported in the Controller’s “Annual Report of Financial Transactions Concerning Counties of California.” “General purpose revenues” are limited to all of the following: (1) Property tax revenues, exclusive of those revenues dedicated to repay voter-approved indebtedness, received pursuant to Part 0.5 (commencing with Section 50) of Division 1 of the Revenue and Taxation Code, or received pursuant to Section 33401 of the Health and Safety Code. (2) Sales tax revenues received pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code. (3) Any other taxes levied by a county. (4) Fines and forfeitures. (5) Licenses, permits, and franchises. (6) Revenue derived from the use of money and property. (7) Vehicle license fees received pursuant to Section 11005 of the Revenue and Taxation Code. (8) Revenues from cigarette taxes received pursuant to Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code. (9) Revenue received as open-space subventions pursuant to Chapter 3 (commencing with Section 16140) of Part 1. (10) Revenue received as homeowners’ property tax exemption subventions pursuant to Chapter 2 (commencing with Section 16120) of Part 1. (11) General revenue sharing funds received from the federal government. “General purpose revenues” does not include revenues received by a county pursuant to Chapter 3 (commencing with Section 15200) of Part 6 of Division 3. (Amended by Stats. 2011, Ch. 227, Sec. 9. (AB 1400) Effective January 1, 2012.)
  170. 16265.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2.5. County Revenue Stabilization [16265 - 16265.7] ( Chapter 2.5 added by Stats. 1987, Ch. 1286, Sec. 3. )

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    The Director of Finance must make annual county revenue calculations by October 31 and certify the resulting amounts to the Controller, who must issue county warrants by November 30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2.5. County Revenue Stabilization [16265 - 16265.7] ( Chapter 2.5 added by Stats. 1987, Ch. 1286, Sec. 3. ) ## 16265.4. (a) On or before October 31 of each year, the Director of Finance shall do all of the following: (1) Determine for each county the county costs of eligible programs and each county’s general purpose revenues for the 1981−82 fiscal year. (2) Determine a percentage for each county by dividing the county costs of eligible programs by the general purpose revenues for the 1981−82 fiscal year. (3) Make the determination as prescribed by paragraphs (1) and (2) for each county for each fiscal year. (4) Compare the percentage determined pursuant to paragraph (3) with the percentage determined pursuant to paragraph (2). (5) For any fiscal year in which the percentage determined pursuant to paragraph (3) is greater than the percentage determined pursuant to paragraph (2), determine an amount necessary to offset the difference. (6) Determine an amount that is the sum of the amounts for all counties determined pursuant to paragraph (5). (b) On or before October 31 of each year, the Director of Finance shall determine an amount for each county as prescribed by paragraph (5) of subdivision (a) for the applicable fiscal year. (c) On or before October 31 of each year, the Director of Finance shall certify the amount determined for each county pursuant to subdivision (b) to the Controller. (d) On or before November 30 of each year, the Controller shall issue a warrant to each county, as applicable, in the amount certified by the Director of Finance under subdivision (c). (Amended by Stats. 2008, Ch. 56, Sec. 6. Effective January 1, 2009.)
  171. 16265.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2.5. County Revenue Stabilization [16265 - 16265.7] ( Chapter 2.5 added by Stats. 1987, Ch. 1286, Sec. 3. )

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    If a statute appropriates more than $15 million for this chapter in a fiscal year, Section 16265.4 does not apply to the portion above $15 million.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2.5. County Revenue Stabilization [16265 - 16265.7] ( Chapter 2.5 added by Stats. 1987, Ch. 1286, Sec. 3. ) ## 16265.5. If a statute appropriates more than fifteen million dollars ($15,000,000) for the purposes of this chapter in a fiscal year, then Section 16265.4 shall not apply to the allocation of that amount of money which is greater than fifteen million dollars ($15,000,000). It is the intent of the Legislature to allocate any amount of money greater than fifteen million dollars ($15,000,000) based on criteria which shall consider the costs to counties of welfare and indigent health care. (Amended by Stats. 2008, Ch. 56, Sec. 7. Effective January 1, 2009.)
  172. 16265.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2.5. County Revenue Stabilization [16265 - 16265.7] ( Chapter 2.5 added by Stats. 1987, Ch. 1286, Sec. 3. )

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    The state’s liability under this chapter is limited to amounts appropriated for the purpose. Money distributed to counties under this chapter may be used for any lawful purpose and cannot be counted when determining eligible counties in later years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 2.5. County Revenue Stabilization [16265 - 16265.7] ( Chapter 2.5 added by Stats. 1987, Ch. 1286, Sec. 3. ) ## 16265.7. (a) The state’s liability under this chapter shall be limited to the amounts appropriated for this purpose. (b) Moneys distributed to counties pursuant to this chapter may be used for any lawful purposes, and shall not be considered in the determination of eligible counties in succeeding years. (Added by Stats. 1987, Ch. 1286, Sec. 3. Effective September 28, 1987.)
  173. 16270.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 1. General Provisions and Definitions [16270 - 16271] ( Article 1 added by Stats. 1978, Ch. 292. )

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    The Legislature states that special districts should rely on user fees and charges because their direct property tax revenue for district operations has been eliminated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 1. General Provisions and Definitions [16270 - 16271] ( Article 1 added by Stats. 1978, Ch. 292. ) ## 16270. The Legislature finds and declares that many special districts have the ability to raise revenue through user charges and fees and that their ability to raise revenue directly from the property tax for district operations has been eliminated by Article XIII A of the California Constitution. It is the intent of the Legislature that such districts rely on user fees and charges for raising revenue due to the lack of the availability of property tax revenues after the 1978–79 fiscal year. Such districts are encouraged to begin the transition to user fees and charges during the 1978–79 fiscal year. (Added by Stats. 1978, Ch. 292.)
  174. 16271.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 1. General Provisions and Definitions [16270 - 16271] ( Article 1 added by Stats. 1978, Ch. 292. )

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    This section defines key terms used in the chapter on special districts and local fund distribution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 1. General Provisions and Definitions [16270 - 16271] ( Article 1 added by Stats. 1978, Ch. 292. ) ## 16271. As used in this chapter: (a) “Governing body” means the board of supervisors except that in the case of a subsidiary district “governing body” means the city council, and in the case of a multi-county district “governing body” means the governing body of the multi-county district itself. (b) “Local fiscal officer” means the county auditor for all special districts within the county, except that in the case of a subsidiary district “local fiscal officer” means the city treasurer; and in the case of a multi-county district “local fiscal officer” means the treasurer of the district. (c) “Multi-county district” means any special district which includes territory in more than one county. (d) “Special district” means any agency of the state for the local performance of governmental or proprietary functions within limited boundaries. “Special district” includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area. County free libraries established pursuant to Chapter 2 (commencing with Section 27151) of Division 20 of the Education Code; areas receiving county fire protection services pursuant to Section 25643 of the Government Code; and county road districts established pursuant to Chapter 7 (commencing with Section 1550) of Division 2 of the Streets and Highways Code, shall be considered “special districts” for all purposes of this chapter. “Special district” does not include a city, a county, a school district or a community college district. “Special district” does not include any agency which is not authorized to levy a property tax rate, except the Bay Area Pollution Control District. (e) “Subsidiary district” means a special district in which the city council of a city has been empowered to act as ex officio members of the board of directors of such district and either: (1) The entire territory of such district is included within the boundaries of a city, or (2) A portion or portions of the territory of such district is included within the boundaries of a city and such portion or portions: (i) Represent 70 percent or more of the area of taxable or assessable land within such district, as shown on the last equalized assessment roll; and (ii) Contains 70 percent or more of the number of registered voters who reside within the district as shown on the voters’ registrar in the office of the county clerk or registrar of voters. (f) “General fund reserves” means the general fund reserve balance as of July 1, 1978, that is not legally obligated. General fund reserves shall not include: (1) Noncash assets such as stores, inventory, property and buildings, or other investments purchased prior to June 6, 1978. (2) Any amounts for self-insurance, for contractual obligations, or for reserves established by law or a legislative body of the county, city, or special district, as the case may be. (3) Any amounts restricted by law or court order. (4) Any amounts committed to a capital outlay project approved prior to June 6, 1978, by the governing body. (g) For the purpose of this chapter, the amount of property tax levied pursuant to existing law, for the purpose of making annual payments for the interest and principal on outstanding general obligation bonds or other indebtedness approved by the voters prior to July 1, 1978, shall be excluded from all calculations. (Amended by Stats. 2006, Ch. 643, Sec. 3. Effective January 1, 2007.)
  175. 16272.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 2. State Allocation [16272 - 16272.7] ( Article 2 added by Stats. 1978, Ch. 292. )

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    A specified $125 million is to be allocated among governing bodies for the 1978–79 fiscal year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 2. State Allocation [16272 - 16272.7] ( Article 2 added by Stats. 1978, Ch. 292. ) ## 16272. Out of the amount appropriated by Section 16100, there shall be allocated among the governing bodies, for the 1978–79 fiscal year only, one hundred and twenty-five million dollars ($125,000,000) to be distributed as provided in this article. (Amended by Stats. 1978, Ch. 332.)
  176. 16272.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 2. State Allocation [16272 - 16272.7] ( Article 2 added by Stats. 1978, Ch. 292. )

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    The State Controller must total the specified amounts, calculate each governing body’s share of the property tax total, apply that percentage to $125,000,000, and notify each fiscal officer in writing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 2. State Allocation [16272 - 16272.7] ( Article 2 added by Stats. 1978, Ch. 292. ) ## 16272.5. The State Controller, shall total the amounts determined pursuant to former Section 16272.3, as amended by Chapter 332 of the Statutes of 1978, and shall determine the proportion which the amounts submitted by each governing body bears to the total amount of the property taxes reported by all such governing bodies. The percentage determined for each governing body shall be applied to the one hundred twenty-five million dollars ($125,000,000) to determine the dollar share of the surplus allocation for each governing body. The Controller shall then notify in writing each fiscal officer of the allocation which will be made for the 1978–79 fiscal year, on or before July 20, 1978. (Amended by Stats. 2004, Ch. 193, Sec. 51. Effective January 1, 2005.)
  177. 16272.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 2. State Allocation [16272 - 16272.7] ( Article 2 added by Stats. 1978, Ch. 292. )

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    The State Controller must distribute allocated funds to each governing body in staged payments, and may pay some funds earlier if the governing body certifies an urgent service need.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 2. State Allocation [16272 - 16272.7] ( Article 2 added by Stats. 1978, Ch. 292. ) ## 16272.7. (a) The allocation for each governing body as determined in Section 16272.5 shall be distributed to each governing body by the State Controller as follows: 33 percent—on August 31, 1978, or a subsequent date if the information needed by the State Controller is not available by this date. 33 percent—on December 10, 1978. 34 percent—on May 10, 1979, or at an earlier time as may be requested by the governing body if a determination is made pursuant to subdivision (b) of this section. (b) If a governing body certifies that any district which was allocated funds pursuant to Section 16275 needs such funds earlier than May 10, 1979, and that such need is based on a determination by the governing body that such funds are needed in order to continue providing necessary services, the governing body may request that the Controller provide such funds prior to May 10, 1979. Upon such request the Controller shall disburse such funds. When received, the board shall immediately deposit such funds with such district. (c) Where funds are disbursed earlier than May 10, 1979, any reconciliation and audit as may otherwise be required shall be made no later than July 1, 1979. (Amended by Stats. 1979, Ch. 7.)
  178. 16274.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. )

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    The governing body must hold a public hearing within seven days after notice from the State Controller, send written notice to affected special districts, and publish the notice in a county newspaper at least three days before the hearing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. ) ## 16274. Not later than seven days after the notice from the State Controller, the governing body shall hold a public hearing for the purpose of determining the distribution of funds received pursuant to Section 16272.5. The governing body shall send written notice to the legislative body of each special district which is not governed by the board of supervisors or the city council and shall publish such notice in a newspaper of general circulation in the county not less than three days prior to the hearing. The notice shall include the following: (1) the amount of funds available to special districts, (2) the statutory criteria for the distribution of such funds, and (3) the time and place of the hearing. (Added by Stats. 1978, Ch. 292.)
  179. 16275.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. )

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    After a public hearing, the governing body must distribute funds using the listed priority criteria.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. ) ## 16275. Following the close of the public hearing, the governing body shall distribute the funds in accordance with the following criteria: (a) Public Safety Services: (1) In distributing funds to districts which provide fire protection services, and any police protection district, county service area, or community services district which provides police protection services, exclusively, the governing body shall provide an amount sufficient to ensure that each district maintains the same level of protection as was actually provided during 1977–78. (b) Other special district services: (1) Districts with general fund reserves, as defined in Section 16271, of 5 percent or less of their total 1977–78 revenues shall be given priority over districts with general fund reserves in excess of 5 percent of their total 1977–78 revenues. (2) Districts which have relied most heavily upon revenues derived from property taxation to finance the provision of a service shall be given priority over those districts which are less dependent upon revenues derived from property taxation. (3) Districts which are not authorized to utilize nonproperty tax revenue sources, including but not limited to fees, rates and tolls to finance the provision of a service shall be given priority over districts which are authorized to utilize such nonproperty tax sources. (4) In distributing funds to districts which provide more than one service, exclusive of fire and police protection services which are funded under the public safety services category, the board shall apply the criteria of paragraphs (1), (2), and (3) of this subdivision to each such service and shall make a distribution of funds to the district for each such service. (5) Any distribution made pursuant to this section shall be reduced by one-third of the amount by which the district’s general fund reserves exceeds 5 percent of the district’s total 1977–78 revenues. (Amended by Stats. 1978, Ch. 332.)
  180. 16276.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    The governing body must decide how much money goes to each special district within 30 days after the notice of allocation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. ) ## 16276. Within 30 days of the notice of allocation received pursuant to Section 16272.5, the governing body shall determine the amount of funds to be disbursed to each special district. The funds provided for by this chapter shall be used exclusively for special districts and shall not be used for any general county or municipal expenses. (Added by Stats. 1978, Ch. 292.)
  181. 16276.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    The governing body must publish a newspaper notice within 5 days after its determination under Section 16276.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. ) ## 16276.3. Within five days of the determination by the governing body pursuant to Section 16276, the governing body shall publish a notice in a newspaper of general circulation which includes: (1) the districts which received funds, (2) the amount of funds received, and (3) the purpose for which such funds shall be used. (Added by Stats. 1978, Ch. 292.)
  182. 16276.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    The county auditor must disburse funds to the special district in the same manner as county treasurer property tax trust fund disbursements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. ) ## 16276.5. The county auditor shall disburse funds to the special district in the same manner as disbursements which are made from the county treasurer’s property tax trust fund. (Amended by Stats. 1982, Ch. 454, Sec. 66.)
  183. 16277.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    This section says the governing body is not authorized to control how a district spends funds when that district has its own legislative body.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. ) ## 16277. Nothing in this chapter shall be construed to authorize the governing body to specify the manner in which such funds are to be expended by any district where such district has a legislative body other than the governing body. (Added by Stats. 1978, Ch. 292.)
  184. 16278.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    A governing body’s fund-distribution decision for a special district is final unless there is fraud or prejudicial abuse of discretion.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. ) ## 16278. The determination of the governing body in distributing funds to a special district pursuant to this chapter shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion. In any action or proceeding to review any determination of the governing body, such inquiry shall be limited to whether there was fraud or prejudicial abuse of discretion. Prejudicial abuse of discretion shall be established if the court finds that the determination of the governing body was not supported by substantial evidence in light of the whole record. (Added by Stats. 1978, Ch. 292.)
  185. 16279.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    A challenge to a governing body’s determination under this chapter must be filed within 90 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 3. Distribution Process [16274 - 16279] ( Article 3 added by Stats. 1978, Ch. 292. ) ## 16279. No action or proceeding shall be commenced to contest any determination of the governing body pursuant to this chapter, unless such action or proceeding shall have been brought within 90 days after the governing body’s determination. (Added by Stats. 1978, Ch. 332.)
  186. 16279.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 4. Additional Assistance [16279.1 - 16279.5] ( Article 4 added by Stats. 1979, Ch. 12. )

    Verify source ↗

    This section explains why additional financial assistance is being provided to certain special districts facing reduced property tax revenue.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 4. Additional Assistance [16279.1 - 16279.5] ( Article 4 added by Stats. 1979, Ch. 12. ) ## 16279.1. The Legislature finds and declares that Article XIII A of the Constitution, as added by the adoption of Proposition 13 on the ballot at the Direct Primary Election held on June 6, 1978, has substantially reduced the property tax revenues of many special districts, and that the remaining revenues, together with state assistance made available for special districts for the 1978–79 fiscal year, will not, in some instances, be sufficient to adequately finance the operation of special districts for the remainder of the 1978–79 fiscal year. The Legislature further recognizes that there is a need to reduce the cost of local government and to provide local services in the most cost efficient manner possible. The Legislature urges all special districts to examine the services which they provide, to determine if such services duplicate those services provided by another public agency within the same service area, to determine which services could be eliminated or reduced, and to determine what steps can be taken, including, but not limited to, the consolidation of such districts or the realignment of their boundaries, so as to reduce the cost of providing services. The purpose of this article is to provide financial assistance to those special districts which will be without sufficient funds to adequately provide services during the remainder of the 1978–79 fiscal year. The Legislature intends that only those special districts which have made a concerted effort to reduce their costs during the 1978–79 fiscal year shall be considered eligible to receive additional financial assistance for the remainder of such fiscal year. It is the intent of the Legislature that boards of supervisors, in distributing funds among eligible special districts, shall make such distribution to districts in such a manner that each district receives an amount commensurate with its 1978–79 revenue loss relative to the similar losses of other eligible districts within the county. (Added by Stats. 1979, Ch. 12.)
  187. 16279.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 4. Additional Assistance [16279.1 - 16279.5] ( Article 4 added by Stats. 1979, Ch. 12. )

    Verify source ↗

    The section appropriates $35,710,000 for allocation to special districts and requires the State Controller and boards of supervisors to distribute the money under set percentages and conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 4. Additional Assistance [16279.1 - 16279.5] ( Article 4 added by Stats. 1979, Ch. 12. ) ## 16279.2. (a) The sum of thirty-five million seven hundred ten thousand dollars ($35,710,000) is hereby appropriated from the Local Agency Emergency Loan Fund to the State Controller for allocation to special districts as provided in this article. (b) The State Controller shall apply the percentages stated in the schedule set forth in subdivision (c) to the sum of thirty-five million seven hundred ten thousand dollars ($35,710,000) and allocate the amount determined thereby to the respective governing bodies. (c) The following schedule contains the percentages to be applied as provided by subdivision (b): County Percent Alameda ........................ 8.794 Butte ........................ 1.061 Calaveras ........................ .012 Colusa ........................ .040 Contra Costa ........................ 1.957 El Dorado ........................ .153 Fresno ........................ 3.130 Humboldt ........................ .235 Imperial ........................ .070 Inyo ........................ .022 Kern ........................ .454 Kings ........................ .401 Lake ........................ .077 Los Angeles ........................ 32.682 Marin ........................ .867 Mendocino ........................ .156 Merced ........................ .057 Modoc ........................ .031 Monterey ........................ .184 Napa ........................ .272 Nevada ........................ .166 Orange ........................ 18.454 Placer ........................ .187 Riverside ........................ 1.848 Sacramento ........................ 2.812 San Benito ........................ .031 San Bernardino ........................ 5.256 San Joaquin ........................ 1.520 San Mateo ........................ 2.051 Santa Barbara ........................ .793 Santa Clara ........................ 1.225 Santa Cruz ........................ 1.013 Shasta ........................ .031 Solano ........................ 1.438 Sonoma ........................ 1.081 Sutter ........................ .313 Tehama ........................ .075 Tulare ........................ .393 Ventura ........................ 1.876 Yolo ........................ .160 Yuba ........................ .140 Multi-County District Percent Coachella Valley Water District ........................ .080 Deer Creek Storm Water District ........................ .019 Dixon Resource Conservation District ........................ .002 Dos Palos Drainage District ........................ .011 Flood Control Maintenance District #7 ........................ .010 Flood Control Maintenance District #15 ........................ .021 Kaweah Water Conservation District ........................ .240 Lower San Joaquin Levee District ........................ .016 Reclamation District #777 ........................ .006 Reclamation District #1000 ........................ .120 Reclamation District #2054 ........................ .005 Reclamation District #2056 ........................ .006 Reclamation District #2063 ........................ .008 Colusa Mosquito Abatement District ........................ .013 Delano Mosquito Abatement District ........................ .079 Kings Mosquito Abatement District ........................ .168 Marin-Sonoma Mosquito Abatement District ........................ .076 Sacramento-Yolo Mosquito Abatement District ........................ .479 Sutter-Yuba Mosquito Abatement District ........................ .091 Pajaro Valley Cemetery District ........................ .078 Manton Cemetery District ........................ .004 Upham Cemetery District ........................ .001 Dos Palos Cemetery District ........................ .009 East Bay Regional Park District ........................ 5.250 Mid Peninsula Regional Open Space District ........................ 1.690 (d) The State Controller shall distribute the amounts allocated pursuant to subdivision (b) to each governing body not later than March 20, 1979. (e) Each board of supervisors shall distribute the funds allocated to it pursuant to subdivision (b) to eligible special districts, including subsidiary districts, which the board of supervisors finds have a critical unmet need. The criteria contained in Section 16275 shall not apply to such distribution. (f) In the event that a governing body made funds available to any eligible special district for the 1978–79 fiscal year from its own sources, such governing body may reimburse itself for any or all of such amount from the amount allocated to it pursuant to subdivision (b) or, in the case of a subsidiary district, for the amount allocated to such district pursuant to subdivision (e). (Added by Stats. 1979, Ch. 12.)
  188. 16279.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 4. Additional Assistance [16279.1 - 16279.5] ( Article 4 added by Stats. 1979, Ch. 12. )

    Verify source ↗

    This section defines an “eligible special district” as certain special districts that received more than half of their total revenue from property tax over the three years before the 1978-79 fiscal year and perform specified public services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 4. Additional Assistance [16279.1 - 16279.5] ( Article 4 added by Stats. 1979, Ch. 12. ) ## 16279.3. As used in this article, “eligible special district” means a special district, subsidiary district, or multicounty special district which, during the three fiscal years prior to the 1978–79 fiscal year, received, on the average, more than 50 percent of its total revenue directly or indirectly from property tax and performs any of the following activities: cemetery, flood control, library, pest abatement, park and recreation, or garbage disposal pursuant to Chapter 1 (commencing with Section 4100) of Part 2 of Division 5 of the Health and Safety Code. Total revenue shall not include state or federal funds received in the three fiscal years prior to the 1978–79 fiscal year for any purpose, except capital outlay. (Added by Stats. 1979, Ch. 12.)
  189. 16279.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 4. Additional Assistance [16279.1 - 16279.5] ( Article 4 added by Stats. 1979, Ch. 12. )

    Verify source ↗

    A county or city may distribute funds to special districts if its governing board adopts a resolution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 4. Additional Assistance [16279.1 - 16279.5] ( Article 4 added by Stats. 1979, Ch. 12. ) ## 16279.4. Pursuant to a resolution adopted by its governing board, a county or city may distribute funds to any special district from any available county or city sources, including funds allocated to the county or city pursuant to Section 16272 of the Government Code or Section 35.5 of Chapter 332 of the Statutes of 1978. Notwithstanding any provision of Section 16272 of the Government Code, or Section 35.5 of Chapter 332 of the Statutes of 1978, a city or county may distribute funds allocated to the county or city pursuant to such sections to any community services district formed on March 1, 1979, which includes territory within its jurisdiction declared by the Governor to be a disaster area due to flooding in 1978. (Amended by Stats. 1979, Ch. 157.)
  190. 16279.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 4. Additional Assistance [16279.1 - 16279.5] ( Article 4 added by Stats. 1979, Ch. 12. )

    Verify source ↗

    A county or city may lend available funds to a qualifying special district, and the loan must be repaid when state funds are received.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 3. Special Districts [16270 - 16279.5] ( Chapter 3 added by Stats. 1978, Ch. 292. ) ## ARTICLE 4. Additional Assistance [16279.1 - 16279.5] ( Article 4 added by Stats. 1979, Ch. 12. ) ## 16279.5. Pursuant to a resolution adopted by its governing board, a county or city may lend any of its available funds to any special district which will receive state funds pursuant to Section 16272.7 of the Government Code or Section 35.5 of Chapter 332 of the Statutes of 1978. Such loan shall be repaid upon the receipt of such state funds and prior to any other obligation of the district. (Added by Stats. 1979, Ch. 12.)
  191. 16280.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 4. Cost of Living Increases [16280 - 16282] ( Chapter 4 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    Local public agencies can lose access to certain state funds if they give cost-of-living wage or salary increases above the state employee increase.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 4. Cost of Living Increases [16280 - 16282] ( Chapter 4 added by Stats. 1978, Ch. 292. ) ## 16280. No state funds from the state surplus or state loan funds shall be available to any local public agency which provides a cost-of-living wage or salary increase in the 1978–79 fiscal year for local public agency employees or cost-of-living increases for any other individuals, including AFDC and other welfare recipients, if such increase is in excess of the cost-of-living salary increase provided for state employees. The cost-of-living salary increase provided for state employees shall be determined by dividing the total amount made available by the Legislature for salary increases to state employees by the total salaries paid to state employees. If the Legislature limits the cost-of-living salary increase for state employees on the basis of salary range, the local public agency shall likewise limit any cost-of-living increase for local public agency employees and other individuals on the same basis. Any provision of a contract, agreement, or memorandum of understanding between a local public agency and an employee organization or an individual employee which provides for a cost-of-living wage or salary increase to local public agency employees in excess of such increase provided for state employees is null and void to the extent of such excess. This section shall not preclude regular merit increases, established prior to June 6, 1978, longevity or educational increments, promotions, or transfers, but shall preclude the transfer of employees to new positions created with higher pay schedules for the purpose of circumventing this chapter. As used in this section, the terms “salary” and “wage or salary” shall not include any compensation other than wages or salaries, such as health benefits, retirement benefits, life insurance, vacation time, sick leave, perquisites of all kinds, and reimbursement of expenses. The amendment of this section made by Chapter 332 of the Statutes of 1978 does not constitute a change in, but is declaratory of, the existing law. (Amended by Stats. 1979, Ch. 373.)
  192. 16280.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 4. Cost of Living Increases [16280 - 16282] ( Chapter 4 added by Stats. 1978, Ch. 292. )

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    State surplus or state loan funds are not available to a local public agency that gives a salary increase in the 1978–79 fiscal year to an elected or appointed noncivil service officer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 4. Cost of Living Increases [16280 - 16282] ( Chapter 4 added by Stats. 1978, Ch. 292. ) ## 16280.5. No state funds from the state surplus or state loan funds shall be available to any local public agency which provides an increase in salary in the 1978–79 fiscal year to any elected or appointed noncivil service officer of the local public agency. Any provision of a contract or agreement between a local public agency and an elected or appointed noncivil service officer of the local public agency which provides for an increase in salary is null and void. As used in this section, “salary” does not include any compensation other than wages or salaries, such as health benefits, retirement benefits, life insurance, vacation time, sick leave, perquisites of all kind, and reimbursement of expenses. (Amended by Stats. 1982, Ch. 454, Sec. 67.)
  193. 16281.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 4. Cost of Living Increases [16280 - 16282] ( Chapter 4 added by Stats. 1978, Ch. 292. )

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    The Legislature states that this chapter is meant to ease the fiscal crisis, keep essential services going, and apply to charter counties and charter cities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 4. Cost of Living Increases [16280 - 16282] ( Chapter 4 added by Stats. 1978, Ch. 292. ) ## 16281. It is the intent of the Legislature in enacting this chapter to alleviate the current fiscal crisis created by the passage of Proposition 13 (Article XIII A of the California Constitution), and to provide for maintaining essential services which would otherwise be lost. The Legislature finds and declares that limiting increases in wages or salaries for local public agency officers and employees and cost of living increases for other individuals will allow essential local government services to be maintained at a higher level than would otherwise be the case, and will promote full employment and prevent layoffs. The Legislature further finds and declares that this chapter constitutes a matter of statewide concern, and shall apply to charter counties and charter cities. The provisions of this chapter shall supersede any inconsistent provisions in the charter of any county or city. (Amended by Stats. 1978, Ch. 332.)
  194. 16282.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 4. Cost of Living Increases [16280 - 16282] ( Chapter 4 added by Stats. 1978, Ch. 292. )

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    This section defines “local public agency” 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 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 1.5. DISTRIBUTION OF FUNDS TO LOCAL AGENCIES [16250 - 16282] ( Part 1.5 added by Stats. 1978, Ch. 292. ) ## CHAPTER 4. Cost of Living Increases [16280 - 16282] ( Chapter 4 added by Stats. 1978, Ch. 292. ) ## 16282. For the purpose of this chapter “local public agency” means a city, county, city and county, special district, school district, county board of education, or community college district. (Added by Stats. 1978, Ch. 332.)
  195. 16300.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    The General Fund is made up of money received into the treasury that is not legally required to be credited to another fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16300. The General Fund consists of money received into the treasury and not required by law to be credited to any other fund. (Added by Stats. 1945, Ch. 120.)
  196. 16301.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    State agencies must report money belonging to the state to the Controller each month, or more often if required, and must follow the Controller’s prescribed form. The money is then paid into the Treasury and credited to the General Fund, except reimbursement amounts for services, which go to the applicable appropriation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16301. Except as otherwise provided by law, all money belonging to the State received from any source whatever by any state agency shall be accounted for to the Controller at the close of each month, or more frequently if required by the Controller or the Department of Finance, in such form as he prescribes, and on the order of the Controller be paid into the Treasury and credited to the General Fund, provided that amounts received as partial or full reimbursement for services furnished shall be credited to the applicable appropriation. (Amended by Stats. 1953, Ch. 175.)
  197. 16301.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    State agencies, departments, and entities must give their employer identification numbers to the Treasurer, and banks or financial institutions must provide specified account information on request.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16301.3. (a) Each state agency, department, and entity shall provide its employer identification number to the Treasurer. The Treasurer is authorized to use these employer identification numbers to monitor state money deposited outside of the centralized State Treasury System. (b) Notwithstanding any other provision of law, a bank or financial institution shall, upon request from the Treasurer, provide to the Treasurer the account number, account balance, account owner of record, account type, account opening date, account closing date, and account purpose, if known, associated with the employer identification numbers described in subdivision (a), to assist the Treasurer in monitoring accounts and state money deposited outside of the centralized State Treasury System. (Added by Stats. 2014, Ch. 393, Sec. 1. (SB 898) Effective January 1, 2015.)
  198. 16301.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    The Controller must deposit certain restitution money into the General Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16301.5. Any money collected or received after September 18, 1947, by the Controller as restitutions from former recipients of relief under the California Unemployment Relief Act of 1935 or any other act relating to unemployment relief shall be deposited in the General Fund. (Added by Stats. 1953, Ch. 170.)
  199. 16302.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    The Treasurer must receive money donated to the State once a certificate from the Controller is received. If the donor files a written designation with the Controller when making the donation, the donation must be credited to the chosen fund or appropriation; otherwise it is credited to the State School Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16302. Whenever any person donates any money to the State, the Treasurer shall receive it, upon the receipt of a certificate from the Controller. If the donor, at the time of making the donation, files with the Controller a written designation of the fund or appropriation he desires to benefit thereby, his donation shall be credited accordingly. If such a designation is not made, the donation shall be credited to the State School Fund. The acceptance of any such donation shall be subject to the provisions of Section 11005 of this code. (Amended by Stats. 1949, Ch. 1023.)
  200. 16302.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    Rules for handling small state overpayments: an agency may apply an overpayment of $10 or less to other amounts owed, and the Controller may order it deposited to the Treasury fund on request. The Department of General Services may also adopt rules allowing agencies to retain unclaimed refunds after six months.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16302.1. (a) Whenever any person pays to any state agency pursuant to law an amount covering taxes, penalties, interest, license, or other fees, or any other payment, and it is subsequently determined by the state agency responsible for the collection thereof that this amount includes an overpayment of ten dollars ($10) or less of the amount due the state pursuant to the assessment, levy, or charge to which the payment is applicable, the amount of the overpayment may be disposed of in either of the following ways: (1) The state agency responsible for the collection to which the overpayment relates may apply the amount of the overpayment as a payment by the person on any other taxes, penalties, interest, license, or other fees, or any other amount due the state from that person if the state agency is responsible by law for the collection to which the overpayment is to be applied as a payment. (2) Upon written request of the state agency responsible for the collection to which the overpayment relates, the amount of the overpayment shall, on order of the Controller, be deposited as revenue in the fund in the State Treasury into which the collection, exclusive of overpayments, is required by law to be deposited. (b) The Department of General Services may adopt rules and regulations to permit state agencies to retain these overpayments where a demand for refund permitted by law is not made within six months after the refund becomes due, and the retained overpayments shall belong to the state. (c) Except as provided in subdivision (b), this section shall not affect the right of any person making overpayment of any amount to the state to make a claim for refund of the overpayment, nor the authority of any state agency or official to make payment of any amount so claimed, if otherwise authorized by law. (Amended by Stats. 2016, Ch. 31, Sec. 138. (SB 836) Effective June 27, 2016.)

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