Government Code
Part 20 of 107 · provisions 3,801–4,000
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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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- 16951. Verify source ↗
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 2. Issuance of Bonds to Finance the Program [16945 - 16954] ( Article 2 added by Stats. 2004, Ch. 215, Sec. 4. )
When specified bond proceeds are used for certain state pension obligations, the Controller must quarterly abate an equal amount to the General Fund.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 2. Issuance of Bonds to Finance the Program [16945 - 16954] ( Article 2 added by Stats. 2004, Ch. 215, Sec. 4. ) ## 16951. When proceeds of bonds issued pursuant to this chapter are used to pay the state’s pension obligations to the retirement system for members whose compensation is paid from the General Fund, the Controller shall, notwithstanding any other provision of law, abate quarterly to the General Fund an amount equal to the quarterly pension obligations paid from bond proceeds with respect to those members, as certified by the Director of Finance and authorized in any General Fund appropriation item or in any category thereof. (Added by Stats. 2004, Ch. 215, Sec. 4. Effective August 11, 2004.) - 16952. Verify source ↗
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 2. Issuance of Bonds to Finance the Program [16945 - 16954] ( Article 2 added by Stats. 2004, Ch. 215, Sec. 4. )
The committee may secure bonds with a trust agreement, indenture, or resolution, and those documents may set bondholder and trustee rights, restrict individual bondholder actions, and place trust accounts outside the State Treasury.
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 2. Issuance of Bonds to Finance the Program [16945 - 16954] ( Article 2 added by Stats. 2004, Ch. 215, Sec. 4. ) ## 16952. In the discretion of the committee, any bonds issued under this chapter may be secured by a trust agreement, indenture, or resolution between the state and any trustee, which may be the Treasurer or any trust company or bank having the powers of a trust company chartered under the laws of any state or the United States and designated by the Treasurer. The trust agreement, indenture, or resolution may contain provisions for protecting and enforcing the rights and remedies of the bond owners as may be reasonable and not in violation of law. Any trust agreement, indenture, or resolution may set forth the rights and remedies of the bond owners and of the trustee and may restrict the individual right of action by bond owners. In addition to the foregoing, any trust agreement, indenture, or resolution may contain other provisions as the committee may deem reasonable for the security of the bond owners, including, but not limited to, provisions specifying the date or dates on which debt service payments on the bonds shall be transferred to the trustee. Any trust accounts created by the trust agreement, indenture, or resolution may be held outside the State Treasury. (Added by Stats. 2004, Ch. 215, Sec. 4. Effective August 11, 2004.) - 16953. Verify source ↗
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 2. Issuance of Bonds to Finance the Program [16945 - 16954] ( Article 2 added by Stats. 2004, Ch. 215, Sec. 4. )
The committee may issue refunding bonds and may use refunding bond proceeds to retire, redeem, or buy back outstanding bonds, subject to the committee’s chosen 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 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 2. Issuance of Bonds to Finance the Program [16945 - 16954] ( Article 2 added by Stats. 2004, Ch. 215, Sec. 4. ) ## 16953. The committee may provide for the issuance of bonds any portion of which is to be used for the purpose of refunding outstanding bonds issued to fund or refund pension obligations, including the payment of the principal thereof and interest and redemption premiums, if any. The proceeds of bonds issued to refund any outstanding bonds may be applied to the retirement of those outstanding bonds at maturity, or the redemption, on any redemption date, or purchase of those outstanding bonds prior to maturity, subject to the terms and conditions as the committee deems advisable. (Added by Stats. 2004, Ch. 215, Sec. 4. Effective August 11, 2004.) - 16954. Verify source ↗
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 2. Issuance of Bonds to Finance the Program [16945 - 16954] ( Article 2 added by Stats. 2004, Ch. 215, Sec. 4. )
Net proceeds from bonds issued and sold under this chapter must be deposited in the Pension Obligation Bond 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 2. Issuance of Bonds to Finance the Program [16945 - 16954] ( Article 2 added by Stats. 2004, Ch. 215, Sec. 4. ) ## 16954. The net proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the Pension Obligation Bond Fund established pursuant to Section 16929. (Added by Stats. 2004, Ch. 215, Sec. 4. Effective August 11, 2004.) - 16955. Verify source ↗
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 3. Miscellaneous Provisions [16955 - 16960] ( Article 3 added by Stats. 2004, Ch. 215, Sec. 4. )
This chapter must be interpreted liberally to carry out its 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 3. Miscellaneous Provisions [16955 - 16960] ( Article 3 added by Stats. 2004, Ch. 215, Sec. 4. ) ## 16955. This chapter, being necessary for the health, welfare, and safety of the state and its residents, shall be liberally construed to effect its purposes. (Added by Stats. 2004, Ch. 215, Sec. 4. Effective August 11, 2004.) - 16956. Verify source ↗
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 3. Miscellaneous Provisions [16955 - 16960] ( Article 3 added by Stats. 2004, Ch. 215, Sec. 4. )
This section gives the chapter broad, alternative authority to implement itself and to issue bonds, even if other laws would normally apply.
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 3. Miscellaneous Provisions [16955 - 16960] ( Article 3 added by Stats. 2004, Ch. 215, Sec. 4. ) ## 16956. This chapter shall be deemed to provide a complete and alternative authorization to take the actions necessary to implement this chapter, and shall be regarded as supplemental and additional to the powers conferred by other laws. The issuance of the bonds and their terms, the application of proceeds to the funding or refunding of pension obligations or prior bonds, and the entering into of any ancillary obligation under this chapter need not comply with the requirements of any other law applicable to the issuance of bonds or ancillary obligations, including, but not limited to, the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720)). The purposes authorized by this chapter may be effectuated and bonds are authorized to be issued for any purposes under this chapter notwithstanding that any other law may provide for those purposes or for the issuance of bonds for like purposes and without regard to the requirements, restrictions, limitations, or other provisions contained in any other law. (Added by Stats. 2004, Ch. 215, Sec. 4. Effective August 11, 2004.) - 16957. Verify source ↗
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 3. Miscellaneous Provisions [16955 - 16960] ( Article 3 added by Stats. 2004, Ch. 215, Sec. 4. )
Certain Public Contract Code provisions do not apply to agreements made by the committee, or by a person the committee authorizes to contract, for bond sales or other matters authorized by 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 3. Miscellaneous Provisions [16955 - 16960] ( Article 3 added by Stats. 2004, Ch. 215, Sec. 4. ) ## 16957. Section 10295 of the Public Contract Code and Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code do not apply to agreements entered into by the committee, or any individual to whom the committee delegates contracting authority, in connection with the sale of bonds or other matters authorized under this chapter. (Added by Stats. 2004, Ch. 215, Sec. 4. Effective August 11, 2004.) - 16958. Verify source ↗
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 3. Miscellaneous Provisions [16955 - 16960] ( Article 3 added by Stats. 2004, Ch. 215, Sec. 4. )
These bonds are treated as legal investments and may be used as security in the ways the section describes.
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 3. Miscellaneous Provisions [16955 - 16960] ( Article 3 added by Stats. 2004, Ch. 215, Sec. 4. ) ## 16958. Bonds issued pursuant to this chapter are a legal investment for any state special fund or trust fund, notwithstanding any provision of law limiting the investments that may be made by the fund. The bonds shall be legal investments in which all public officers and public bodies of the state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking institutions, including savings and loan associations, building and loan associations, trust companies, savings banks and savings associations, investment companies, and other persons carrying on banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all persons authorized to invest in bonds or other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The bonds may be used by any private financial institution, person, or association as security for public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is authorized by law, including deposits to secure public funds. (Added by Stats. 2004, Ch. 215, Sec. 4. Effective August 11, 2004.) - 16959. Verify source ↗
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 3. Miscellaneous Provisions [16955 - 16960] ( Article 3 added by Stats. 2004, Ch. 215, Sec. 4. )
The committee may file an action to validate bonds, related obligations, and contracts 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 3. Miscellaneous Provisions [16955 - 16960] ( Article 3 added by Stats. 2004, Ch. 215, Sec. 4. ) ## 16959. The committee may bring an action to determine the validity of any bonds to be issued, or any ancillary obligations and other contracts to be entered into, under this chapter pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. For the purposes of Section 860 of the Code of Civil Procedure, any action initiated pursuant to this section shall be brought in the Superior Court of the County of Sacramento. (Added by Stats. 2004, Ch. 215, Sec. 4. Effective August 11, 2004.) - 16960. Verify source ↗
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 3. Miscellaneous Provisions [16955 - 16960] ( Article 3 added by Stats. 2004, Ch. 215, Sec. 4. )
The section continuously appropriates General Fund money for bond-related obligations, subject to caps on principal, interest, and certain fees.
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 8. The California Pension Restructuring Bond Act of 2004 [16940 - 16960] ( Chapter 8 added by Stats. 2004, Ch. 215, Sec. 4. ) ## ARTICLE 3. Miscellaneous Provisions [16955 - 16960] ( Article 3 added by Stats. 2004, Ch. 215, Sec. 4. ) ## 16960. Notwithstanding Section 13340, there is hereby continuously appropriated, without regard to fiscal year, from the General Fund for the purposes of this chapter, an amount, subject to the limitations of this chapter, that equals the sum annually that is necessary to pay all obligations, including principal, interest, costs, expenses, rebate, legal, commitment, or other fees, and all other amounts incurred by the state under or in connection with bonds and any ancillary obligations payable entered into by the state. The amount hereby appropriated each fiscal year to pay principal on any bonds issued pursuant to this chapter and any ancillary obligations associated therewith may not exceed the outstanding principal amount of all bonds issued pursuant to this chapter. The amount appropriated each fiscal year to pay interest on any bonds issued pursuant to this chapter and any ancillary obligations associated therewith may not exceed 15 percent per annum of the outstanding amount of all bonds issued pursuant to this chapter. The amount hereby appropriated each year to pay costs, expenses, rebate, legal, commitment, or other fees and other amounts of any ancillary obligations may not exceed 5 percent per annum of the outstanding amount of all bonds issued pursuant to this chapter. Expenditures pursuant to this section shall reflect the efforts of the state to secure financing that results in the least cost to the state after considering both short-term and long-term financing costs. (Added by Stats. 2004, Ch. 215, Sec. 4. Effective August 11, 2004.) - 16965. Verify source ↗
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 9. Transportation Debt Service Fund [16965 - 16965.1] ( Chapter 9 added by Stats. 2007, Ch. 173, Sec. 1. )
Creates the Transportation Debt Service Fund and related account, dedicates the money to bond debt-service purposes, and limits the account to those purposes while designated bonds remain outstanding.
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 9. Transportation Debt Service Fund [16965 - 16965.1] ( Chapter 9 added by Stats. 2007, Ch. 173, Sec. 1. ) ## 16965. (a) (1) The Transportation Debt Service Fund is hereby created in the State Treasury. Moneys in the fund shall be dedicated to all of the following purposes: (A) Payment of debt service with respect to designated bonds, as defined in subdivision (c) of Section 16773, and as further provided in paragraph (3) and subdivision (b). (B) To reimburse the General Fund for debt service with respect to bonds. (C) To redeem or retire bonds, pursuant to Section 16774, maturing in a subsequent fiscal year. (2) The bonds eligible under subparagraph (B) or (C) of paragraph (1) include bonds issued pursuant to the Clean Air and Transportation Improvement Act of 1990 (Part 11.5 (commencing with Section 99600) of Division 10 of the Public Utilities Code), the Passenger Rail and Clean Air Bond Act of 1990 (Chapter 17 (commencing with Section 2701) of Division 3 of the Streets and Highways Code), the Seismic Retrofit Bond Act of 1996 (Chapter 12.48 (commencing with Section 8879) of Division 1 of Title 2), and the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century (Chapter 20 (commencing with Section 2704) of Division 3 of the Streets and Highways Code), and nondesignated bonds under Proposition 1B, as defined in subdivision (c) of Section 16773. (3) (A) The Transportation Bond Direct Payment Account is hereby created in the State Treasury, as a subaccount within the Transportation Debt Service Fund, for the purpose of directly paying the debt service, as defined in paragraph (4), of designated bonds of Proposition 1B, as defined in subdivision (c) of Section 16773. Notwithstanding Section 13340, moneys in the Transportation Bond Direct Payment Account are continuously appropriated for payment of debt service with respect to designated bonds as provided in subdivision (c) of Section 16773. So long as any designated bonds remain outstanding, the moneys in the Transportation Bond Direct Payment Account may not be used for any other purpose, and may not be borrowed by or available for transfer to the General Fund pursuant to Section 16310 or any similar law, or to the General Cash Revolving Fund pursuant to Section 16381 or any similar law. (B) Once the Treasurer makes a certification that payment of debt service with respect to all designated bonds has been paid or provided for, any remaining moneys in the Transportation Bond Direct Payment Account shall be transferred back to the Transportation Debt Service Fund. (C) The moneys in the Transportation Bond Direct Payment Account shall be invested in the Surplus Money Investment Fund, and all investment earnings shall accrue to the account. (D) The Controller may establish subaccounts within the Transportation Bond Direct Payment Account as may be required by the resolution, indenture, or other documents governing any designated bonds. (4) For purposes of this subdivision and subdivision (b), and subdivision (c) of Section 16773, “debt service” means payment of all of the following costs and expenses with respect to any designated bond: (A) The principal of and interest on the bonds. (B) Amounts payable as the result of tender on any bonds, as described in clause (iv) of subparagraph (B) of paragraph (1) of subdivision (d) of Section 16731. (C) Amounts payable under any contractual obligation of the state to repay advances and pay interest thereon under a credit enhancement or liquidity agreement as described in clause (iv) of subparagraph (B) of paragraph (1) of subdivision (d) of Section 16731. (D) Any amount owed by the state to a counterparty after any offset for payments owed to the state on any hedging contract as described in subparagraph (A) of paragraph (2) of subdivision (d) of Section 16731. (b) From the moneys transferred to the fund pursuant to paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the Vehicle Code, there shall first be deposited into the Transportation Bond Direct Payment Account in each month sufficient funds to equal the amount designated in a certificate submitted by the Treasurer to the Controller and the Director of Finance at the start of each fiscal year, and as may be modified by the Treasurer thereafter upon issuance of any new issue of designated bonds or upon change in circumstances that requires such a modification. This certificate shall be calculated by the Treasurer to identify, for each month, the amount necessary to fund all of the debt service with respect to all designated bonds. This calculation shall be done in a manner provided in the resolution, indenture, or other documents governing the designated bonds. In the event that transfers to the Transportation Bond Direct Payment Account in any month are less than the amounts required in the Treasurer’s certificate, the shortfall shall carry over to be part of the required payment in the succeeding month or months. (c) The state hereby covenants with the holders from time to time of any designated bonds that it will not alter, amend, or restrict the provisions of subdivision (c) of Section 16773 of the Government Code, or Sections 9400, 9400.1, 9400.4, and 42205 of the Vehicle Code, which provide directly or indirectly for the transfer of weight fees to the Transportation Debt Service Fund or the Transportation Bond Direct Payment Account, or subdivisions (a) and (b) of this section, or reduce the rate of imposition of vehicle weight fees under Sections 9400 and 9400.1 of the Vehicle Code as they existed on the date of the first issuance of any designated bonds, if that alteration, amendment, restriction, or reduction would result in projected weight fees for the next fiscal year determined by the Director of Finance being less than two times the maximum annual debt service with respect to all outstanding designated bonds, as such calculation is determined pursuant to the resolution, indenture, or other documents governing the designated bonds. The state may include this covenant in the resolution, indenture, or other documents governing the designated bonds. (d) Once the required monthly deposit, including makeup of any shortfalls from any prior month, has been made pursuant to subdivision (b), from moneys transferred to the fund pursuant to paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the Controller shall transfer as an expenditure reduction to the General Fund any amount necessary to offset the cost of current year debt service payments made from the General Fund with respect to any bonds issued pursuant to Proposition 192 (1996) and three-quarters of the amount of current year debt service payments made from the General Fund with respect to any nondesignated bonds, as defined in subdivision (c) of Section 16773, issued pursuant to Proposition 1B (2006). In the alternative, these funds may also be used to redeem or retire the applicable bonds, pursuant to Section 16774, maturing in a subsequent fiscal year as directed by the Director of Finance. (e) From moneys transferred to the fund pursuant to Section 183.1 of the Streets and Highways Code, the Controller shall transfer as an expenditure reduction to the General Fund any amount necessary to offset the cost of current year debt service payments made from the General Fund with respect to any bonds issued pursuant to Proposition 116 (1990). In the alternative, these funds may also be used to redeem or retire the applicable bonds, pursuant to Section 16774, maturing in a subsequent fiscal year as directed by the Director of Finance. (f) Once the required monthly deposit, including makeup of any shortfalls from any prior month, has been made pursuant to subdivision (b), from moneys transferred to the fund pursuant to paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the Controller shall transfer as an expenditure reduction to the General Fund any amount necessary to offset the eligible cost of current year debt service payments made from the General Fund with respect to any bonds issued pursuant to Proposition 108 (1990) and Proposition 1A (2008), and one-quarter of the amount of current year debt service payments made from the General Fund with respect to any nondesignated bonds, as defined in subdivision (c) of Section 16773, issued pursuant to Proposition 1B (2006). The Department of Finance shall notify the Controller by July 30 of every year of the percentage of debt service that is expected to be paid in that fiscal year with respect to bond-funded projects that qualify as eligible guideway projects consistent with the requirements applicable to the expenditure of revenues under Article XIX of the California Constitution, and the Controller shall make payments only for those eligible projects. In the alternative, these funds may also be used to redeem or retire the applicable bonds, pursuant to Section 16774, maturing in a subsequent fiscal year as directed by the Director of Finance. (g) On or before the second business day following the date on which transfers are made to the Transportation Debt Service Fund, and after the required monthly deposits for that month, including makeup of any shortfalls from any prior month, have been made to the Transportation Bond Direct Payment Account, the Controller shall transfer the funds designated for reimbursement of bond debt service with respect to nondesignated bonds, as defined in subdivision (c) of Section 16773, and other bonds identified in subdivisions (d), (e), and (f) in that month from the fund to the General Fund pursuant to this section. (Amended by Stats. 2013, Ch. 35, Sec. 4. (SB 85) Effective June 27, 2013.) - 16965.1. Verify source ↗
## 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 9. Transportation Debt Service Fund [16965 - 16965.1] ( Chapter 9 added by Stats. 2007, Ch. 173, Sec. 1. )
The Director of Finance may repay certain specified loans early when needed for debt service or bond redemption, but the loans must be repaid by June 30, 2021. After repayment, the Controller must immediately transfer the funds to the Transportation Debt Service 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 3. STATE BONDS [16650 - 16965.1] ( Part 3 added by Stats. 1945, Ch. 120. ) ## CHAPTER 9. Transportation Debt Service Fund [16965 - 16965.1] ( Chapter 9 added by Stats. 2007, Ch. 173, Sec. 1. ) ## 16965.1. (a) (1) The loan repayment dates relative to State Highway Account loans to the General Fund that are specified in the provisional language of the following Budget Act items are hereby eliminated, and the Director of Finance may repay any remaining portion of the outstanding balance of these loans in any year in which the director determines the funds are needed to reimburse the General Fund for debt service or to redeem or defease bonds maturing in a subsequent fiscal year, provided that the loans shall be repaid no later than June 30, 2021: (A) Item 2660-011-0042 of Section 2.00 of the Budget Act of 2010 (SB 870, Chapter 712 of the Statutes of 2010). (B) Item 2660-013-0042 of Section 2.00 of the Budget Act of 2010, as added by Section 6 of SB 84 (Chapter 13 of the Statutes of 2011). (C) Item 2660-013-0042 of Section 2.00 of the Budget Act of 2011, as contained in SB 69 of the 2011–12 Regular Session, if that provision is enacted. (2) All funds loaned pursuant to the provisions referenced in subparagraphs (A), (B), and (C) of paragraph (1) are hereby determined to have been from weight fee revenues in the State Highway Account fund balance. Upon repayment of those loans to the State Highway Account, those funds shall be immediately transferred by the Controller to the Transportation Debt Service Fund for use pursuant to Section 16965. (b) The loan repayment date relative to the Public Transportation Account that is specified in the provisional language in Item 2660-011-0046 of Section 2.00 of the Budget Act of 2010 (SB 870, Chapter 712 of the Statutes of 2010), is hereby eliminated, and the loan pursuant to this item shall instead be repaid by June 30, 2021. (Added by Stats. 2011, Ch. 38, Sec. 2. (AB 115) Effective June 30, 2011.) - 17. Verify source ↗
## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. )
“Person” includes a broad list of entities and organizational forms.
## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 17. “Person” includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. (Amended by Stats. 1994, Ch. 1010, Sec. 134. Effective January 1, 1995.) - 170. Verify source ↗
## 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. )
This section defines how far California’s boundary extends offshore in different coastal situations.
## 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. ) ## 170. To give greater precision to the boundary of the State of California as defined in Article XXI of the Constitution, it is hereby declared that the part of the boundary which is described as “running in a northwesterly direction and following the direction of the Pacific Coast to the forty-second degree of north latitude,” and as “including all the islands, harbors, and bays along and adjacent to the coast,” runs and has in the past run three English nautical miles oceanward of lines drawn along the outer sides of the outermost of the islands, reefs and rocks along and adjacent to the mainland and across intervening waters; and where there are harbors, but no such outlying islands, reefs and rocks, it runs and in the past has run three English nautical miles oceanward of lines drawn in front of the harbors along the outermost works and installations thereof, and, in the case of all bays (including inlets and estuaries) three English nautical miles from lines drawn from headland to headland across the mouth of each bay, inlet and estuary, regardless of the length of the lines. Where there are no outlying islands, reefs or rocks and no harbors or bays or inlets or estuaries, the boundary runs and has in the past run three English nautical miles oceanward of the lowest low-water mark on the shore. (Added by Stats. 1949, Ch. 65.) - 17000. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. )
The Controller must draw each warrant on the fund that will pay it, and the fund must be shown on the warrant.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17000. Every warrant shall be drawn by the Controller upon the fund out of which it is payable, and such fund shall be designated thereon. (Amended by Stats. 1947, Ch. 261.) - 17002. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. )
On request, the Controller must let the Treasurer add an order to a warrant naming where it can be paid.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17002. Before delivering a warrant to the payee, the Controller shall, upon request, permit the Treasurer to endorse upon or attach to the warrant an order designating the place where it may be paid. At the option of the Treasurer, warrants may be made payable at his office or at some bank at which money of the State is deposited. (Added by Stats. 1945, Ch. 120.) - 17004. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. )
The Controller may mail a warrant to the claimant’s last known address unless another address is requested; the payee’s signature on the warrant counts as a sufficient receipt.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17004. Unless otherwise requested, the Controller may mail a warrant to the last known address of the claimant, and the signature of the payee on the warrant is a sufficient receipt. (Added by Stats. 1945, Ch. 120.) - 17004.5. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. )
The Controller must send certain retirement-related warrants with a 10-point-print statement explaining how the benefits are paid and when they may change.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17004.5. Each warrant issued by the Controller payable pursuant to Sections 21235, 21236, and 21237 from the Investment Dividend Disbursement Account in the Public Employees’ Retirement Fund to a retiree or beneficiary of the Public Employees’ Retirement System shall be accompanied by a statement in at least 10-point print that shall advise at a minimum that: (a) The benefits are paid quarterly and are paid solely from any moneys then available in the Investment Dividend Disbursement Account (IDDA). Current law provides that the last payment will be made on October 1, 1993. (b) Moneys become available in the Investment Dividend Disbursement Account (IDDA) only when the investment earnings exceed the earnings forecasted by the actuaries and adopted by the Board of Administration of the Public Employees’ Retirement System. (c) The increases are subject to some variation, are not cumulative, and will not be included in your base allowance entitlement, are not subject to any cost-of-living adjustments, and may be discontinued or reduced if sufficient funds are not available. (Added by Stats. 1987, Ch. 123, Sec. 1.) - 17004.6. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. )
The Controller must attach a 10-point statement to certain warrants for STRS retirants or beneficiaries, explaining the quarterly supplemental payments and related 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17004.6. Each warrant issued by the Controller payable pursuant to Section 24701 or 24702 of the Education Code to a retirant or beneficiary of the State Teachers’ Retirement System, shall be accompanied by a statement in at least 10-point print that shall advise at a minimum that: (a) The warrant associated with this stub provides a quarterly payment from funds made available during the current fiscal year to help offset the effects of inflation on your normal monthly allowance from the State Teachers’ Retirement System (STRS). (b) These payments are not cumulative, are not part of the base retirement allowance, and are made only when funds are available for this purpose. (c) In order for payments to be made pursuant to Section 24701 of the Education Code, funds must be appropriated each fiscal year as part of the Budget Act of the State of California. (d) Funding for the supplemental payments made pursuant to Section 24702 of the Education Code comes from the net revenues received from the use of school lands and lieu lands in the State of California. The amount of the supplemental payment to each eligible individual is calculated in September. The payments are made on October 1, January 1, April 1, and July 1, for the current fiscal year. (Amended by Stats. 1988, Ch. 160, Sec. 62.) - 17005. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. )
The Controller must keep a register of warrants and preserve all warrants delivered by the Treasurer.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17005. The Controller shall keep a register of warrants showing the fund upon which each is drawn, its number, in whose favor, and the appropriation applicable to its payment. He shall preserve all warrants delivered to him by the Treasurer. (Amended by Stats. 1955, Ch. 474.) - 17006. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. )
The Controller must give the Treasurer a report every business day about the number and amount of warrants drawn on each State Treasury fund since the last report.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17006. The Controller shall, on each business day, furnish the Treasurer with a report of the total number and amount of warrants drawn by him upon each fund in the State Treasury since the date of his last report. (Amended by Stats. 1955, Ch. 474.) - 17007. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. )
The Controller may designate funds on warrants and related reports using names, code numbers, letters, or combinations of numbers and letters.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. Form, Procedure [17000 - 17007] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17007. The Controller may, from time to time, provide that funds shall be designated by name, code number, letter, or combination of number and letter, on warrants issued by him, and in reports, statements, lists or tabulations furnished by him to the Treasurer, or by the Treasurer to him. (Added by Stats. 1949, Ch. 382.) - 17050. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Payment [17050 - 17052] ( Article 3 added by Stats. 1945, Ch. 120. )
If a state officer or employee is paid from a state agency revolving fund, the person authorized to make payments from that fund may endorse certain warrants or checks for deposit back into the fund and reimbursement of the payee.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Payment [17050 - 17052] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17050. Whenever any state officer or employee accepts payment from a revolving fund of a state agency pursuant to Section 16401, the person authorized to make payments from such revolving fund may indorse any warrant of the Controller drawn in payment of a claim submitted by such state agency or revolving fund check drawn by such state agency made payable to such state officer or employee, on behalf of and in such payee’s name for deposit in and reimbursement of such revolving fund and payment of any balance to such payee. The indorsement shall indicate that it is for the purpose of reimbursing a revolving fund pursuant to this section. (Amended by Stats. 1953, Ch. 159.) - 17051. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Payment [17050 - 17052] ( Article 3 added by Stats. 1945, Ch. 120. )
A state-agency payment officer may deposit a warrant with the treasury or the proper account if the payee’s claim may have changed before delivery; if the warrant is held in the agency’s account, the agency must pay what is then due and return the balance to the treasury.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Payment [17050 - 17052] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17051. Whenever any warrant is drawn in favor of a payee having a claim against the State and is delivered to a State agency for delivery to a payee, and prior to delivery to the payee any facts or circumstances exist which would affect the validity or alter the amount of the claim, the person authorized to make payments out of any funds under the direct control of the State agency may indorse and deposit the warrant in the treasury to the credit of the fund or appropriation upon which it was drawn or deposit it to the credit of the appropriate account under his control. Where such a warrant is deposited to the account under the control of the State agency, it shall, when necessary, pay the portion of the claim then due and payable and return the balance to the treasury to the credit of the fund or appropriation upon which the warrant was drawn. (Added by Stats. 1945, Ch. 120.) - 17051.5. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Payment [17050 - 17052] ( Article 3 added by Stats. 1945, Ch. 120. )
A state agency must notify the Treasurer not to pay a warrant if it believes the Controller lacks authority, the amount is too large, or the claim is not in line with applicable General Services regulations.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Payment [17050 - 17052] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17051.5. A state agency shall notify the Treasurer not to pay a warrant drawn by the Controller upon that agency’s request whenever that agency has reason to believe that the Controller has drawn or is about to draw his or her warrant without legal authority, for a larger amount than is owed by the state, or in a manner not in conformity with the regulations adopted by the Department of General Services for the presentation and audit of claims. Upon notification from a state agency as described in this section, the Treasurer shall refuse payment of the subject warrant until he or she is otherwise directed by the agency or the Legislature. (Amended by Stats. 2016, Ch. 31, Sec. 142. (SB 836) Effective June 27, 2016.) - 17052. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Payment [17050 - 17052] ( Article 3 added by Stats. 1945, Ch. 120. )
The Treasurer may accept the indorsements authorized by this article and may pay the warrants.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Payment [17050 - 17052] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17052. The indorsements authorized by this article may be accepted by the Treasurer and he may pay such warrants. (Added by Stats. 1945, Ch. 120.) - 17070. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Cancellation [17070 - 17073] ( Article 4 added by Stats. 1945, Ch. 120. )
The Controller must cancel a warrant if it has been unpaid for one year after becoming payable, and enough unapplied money has been available to pay it and all senior obligations.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Cancellation [17070 - 17073] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17070. Whenever any warrant issued by the Controller is unpaid for one year after it becomes payable, sufficient unapplied moneys having been available for the payment of the warrant and for the payment of all senior obligations, the Controller shall cancel it. (Amended by Stats. 1997, Ch. 920, Sec. 5. Effective October 12, 1997.) - 17070.1. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Cancellation [17070 - 17073] ( Article 4 added by Stats. 1945, Ch. 120. )
Warrants issued before January 1, 1998 follow the law in effect when they were issued; warrants issued on or after that date follow Section 17070’s one-year negotiability period.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Cancellation [17070 - 17073] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17070.1. Any warrant issued prior to January 1, 1998, shall be governed by the law effective on the date of issue of the warrant. Any warrant issued on or after January 1, 1998, shall be governed by the one-year period of negotiability specified in Section 17070. (Added by Stats. 1997, Ch. 920, Sec. 6. Effective October 12, 1997.) - 17071. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Cancellation [17070 - 17073] ( Article 4 added by Stats. 1945, Ch. 120. )
The Controller must keep a record of all canceled warrants.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Cancellation [17070 - 17073] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17071. The Controller shall keep a record of all canceled warrants. (Amended by Stats. 2016, Ch. 158, Sec. 1. (SB 1475) Effective January 1, 2017.) - 17072. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Cancellation [17070 - 17073] ( Article 4 added by Stats. 1945, Ch. 120. )
The Controller must credit canceled warrant amounts back to the fund they were drawn from, and must move certain Special Deposit Fund reversions to the General Fund.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Cancellation [17070 - 17073] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17072. The face amount of each warrant canceled under this article shall revert and be credited by the Controller to the fund against which the warrant was drawn. Amounts reverted to the Special Deposit Fund shall be credited to and augment the account, within the fund, against which the warrant was originally drawn. If such account is an unclaimed money trust account, the reverted amount credited thereto shall be transferred by the Controller to and in augmentation of the General Fund. (Amended by Stats. 1959, Ch. 481.) - 17073. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Cancellation [17070 - 17073] ( Article 4 added by Stats. 1945, Ch. 120. )
Warrants canceled under this article are void.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Cancellation [17070 - 17073] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17073. Warrants canceled under this article are void. (Added by Stats. 1945, Ch. 120.) - 17090. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. )
If a warrant issued by the Controller is lost or destroyed before payment by the Treasurer, the owner or custodian may obtain a replacement warrant by complying with this article.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. ) ## 17090. Whenever any warrant lawfully drawn by the Controller is lost or destroyed before it is paid by the Treasurer, the owner or custodian may, prior to the time the warrant becomes void, procure the issuance of a replacement warrant upon compliance with this article. (Amended by Stats. 2014, Ch. 28, Sec. 41. (SB 854) Effective June 20, 2014.) - 17091. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. )
To get a replacement warrant, the applicant must file with the Controller and include an affidavit plus an indemnity agreement, unless an exemption applies.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. ) ## 17091. Application for a replacement warrant shall be made by filing with the Controller: (a) An affidavit setting forth the fact of its loss or destruction, giving the number, date, amount, and name of the payee, together with all material facts relative to the loss or destruction. (b) An agreement to indemnify and hold harmless the state, its officers, and employees, from any loss resulting from the issuance of the replacement warrant. No indemnity agreement shall be required: (1) when the payee is the United States Government, a state of the United States, any agency, instrumentality or officer of the United States Government or of a state, or any county, city, city and county, town, district, or other political subdivision of a state, or any officer thereof; or (2) when the owner or custodian is the State of California or any agency or officer thereof. The Controller need not require an indemnity agreement if the Controller determines that it is in the best interest of the state and that the state is adequately protected without an agreement. (Amended by Stats. 2014, Ch. 28, Sec. 42. (SB 854) Effective June 20, 2014.) - 17091.5. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. )
For certain lost or destroyed state retirement warrants, the Controller may accept an application and affidavit filed by the state retirement system, and no indemnity or hold harmless agreement is 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. ) ## 17091.5. In the case of a lost or destroyed warrant issued by the Controller payable to a retirant, beneficiary, or disabilitant of a state retirement system, for a monthly allowance, the Controller may accept an application and affidavit filed by the state retirement system on behalf of the payee. No indemnity or hold harmless agreement shall be required with such an application. (Added by Stats. 1985, Ch. 1532, Sec. 4.) - 17092. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. )
The Attorney General must approve the form of the indemnity agreement, and the Controller must review the application and either approve or reject it within 30 days after filing.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. ) ## 17092. The indemnity agreement shall be in a form as approved by the Attorney General. The Controller shall examine and pass upon the sufficiency of the application, including the agreement, and approve or reject it within 30 days after it is filed with the Controller. (Amended by Stats. 1965, Ch. 784.) - 17093. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. )
If an application is approved, the Controller must issue the applicant a replacement warrant for the full amount of the original warrant, and must notify the Treasurer when the replacement is issued.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. ) ## 17093. If the application is approved, the Controller shall issue and deliver to the applicant, on demand, a replacement warrant for the full amount of the original warrant. When the Controller issues the replacement, he or she shall notify the Treasurer that a replacement warrant has been issued and identify the warrant. (Amended by Stats. 2014, Ch. 28, Sec. 43. (SB 854) Effective June 20, 2014.) - 17094. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. )
The Controller must record lost or destroyed warrants and the issuance of replacement warrants on his books.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. ) ## 17094. The Controller shall make the proper entries on his books, showing the lost or destroyed warrants, and the issuance of replacement warrants in lieu thereof. (Amended by Stats. 2014, Ch. 28, Sec. 44. (SB 854) Effective June 20, 2014.) - 17095. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. )
The Treasurer must pay a replacement warrant as if it were the original.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. ) ## 17095. The Treasurer shall pay a replacement warrant as though it were the original. (Amended by Stats. 2014, Ch. 28, Sec. 45. (SB 854) Effective June 20, 2014.) - 17096. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. )
A replacement warrant becomes void if it is not presented to the Treasurer for payment within the same legal time limit as the original warrant.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. ) ## 17096. A replacement warrant is void if not presented to the Treasurer for payment within the same time limit provided by law for the original warrant. (Amended by Stats. 2014, Ch. 28, Sec. 46. (SB 854) Effective June 20, 2014.) - 17096.1. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. )
An agency may submit a claim schedule against the reverted fund for a canceled warrant, if the warrant was canceled under Section 17070.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. ) ## 17096.1. An agency that submits a claim schedule to the State Controller’s office that results in a warrant that is canceled under Section 17070 may submit a claim schedule against the fund to which the original warrant reverted pursuant to Section 17072 for two years following the date of cancellation of the original warrant. (Added by Stats. 1997, Ch. 920, Sec. 7. Effective October 12, 1997.) - 17097. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. )
Any loss connected with issuing a replacement warrant must be charged to the account from which the payment came.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [17000 - 17097] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Lost or Destroyed Warrants [17090 - 17097] ( Article 5 added by Stats. 1945, Ch. 120. ) ## 17097. Any loss incurred in connection with the issuance of a replacement warrant shall be charged against the account from which the payment was derived. (Amended by Stats. 2014, Ch. 28, Sec. 47. (SB 854) Effective June 20, 2014.) - 171. Verify source ↗
## 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. )
The section declares certain coastal and harbor waters to be inland waters of the State.
## 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. ) ## 171. All waters between the mainland and the outermost of the islands, reefs and rocks along and adjacent to the coast of the State of California from which the boundary of the State is measured, and all waters between the islands, reefs and rocks themselves, are declared to be and to have been in the past inland waters of the State. Similarly, all waters within the lines around harbors and across bays, from which the boundary of the State is measured, are declared to be and to have been in the past inland waters of the State. These waters are “waters thereof” within the meaning of that phrase in Section 25 of Article I of the Constitution. (Added by Stats. 1949, Ch. 65.) - 172. Verify source ↗
## 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. )
This section says certain constitutional references to navigable waters include waters enclosed by headland-to-headland lines across bay, inlet, and estuary mouths, and treats those waters as inland waters of the State.
## 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. ) ## 172. The reference in Section 1 of Article XV of the Constitution to “the navigable waters of this State,” the reference in Section 2 of the same article to “a harbor, bay, inlet, estuary, or other navigable water in this State,” and the reference in Section 3 of the same article to “the waters of any harbor, estuary, bay or inlet used for the purposes of navigation,” are declared to include and to have included in the past all of the waters within lines drawn from headland to headland across the mouth of each of the bays, inlets and estuaries along the coast of the mainland and along the coast of and across the waters between the islands of the State, regardless of the length of such lines, such waters being inland waters of the State. (Added by Stats. 1949, Ch. 65.) - 17200. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. )
Rules in this chapter that refer to registered warrants also apply to reimbursement warrants and refunding warrants, 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 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17200. All provisions of this chapter referring to registered warrants are applicable to “reimbursement warrants” and “refunding warrants,” unless the context otherwise requires. (Added by Stats. 1945, Ch. 120.) - 17201. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. )
The Department of General Services may make rules and regulations for issuing and selling registered warrants.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17201. The Department of General Services may make rules and regulations governing the issuance and sale of registered warrants. (Amended by Stats. 2016, Ch. 31, Sec. 143. (SB 836) Effective June 27, 2016.) - 17202. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. )
State-issued registered warrants are legal investments for specified funds and public 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17202. All registered warrants issued by the state are legal investments for all: (a) Trust funds. (b) Funds of all insurers. (c) Funds of savings and loan associations. (d) Funds of all banks, including any legal combination of commercial banks, savings banks and trust companies. (e) Funds of all counties, municipal corporations, districts, public corporations, political subdivisions, or state agencies. (Amended by Stats. 1976, Ch. 349.) - 17203. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. )
Registered warrants may be used as security for performance of trusts, obligations, or other acts.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17203. Such registered warrants are acceptable and may be used as security for the faithful performance of any public or private trust or obligation or for the performance of any act, including the use of such registered warrants by banks and savings and loan associations as security for deposits of funds of any county, municipal or public corporation, district, political subdivision, or state agency. (Amended by Stats. 1976, Ch. 349.) - 17204. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. )
Some State agencies may invest treasury funds in registered warrants of the State if they are authorized to invest in qualifying securities.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17204. Any State agency that is authorized to invest funds in the treasury in securities which are legal investments for savings banks may invest the funds in registered warrants of the State. (Added by Stats. 1945, Ch. 120.) - 17205. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. )
Registered warrants are negotiable instruments, despite any contrary provision of the Uniform Commercial Code.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17205. Notwithstanding any provision of the Uniform Commercial Code, all registered warrants are negotiable instruments. (Amended by Stats. 1994, Ch. 135, Sec. 4. Effective January 1, 1995.) - 17206. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. )
A state agency that owns a registered warrant may send it to the Controller to cancel it and credit the fund it came from, if the warrant was issued for an interdepartmental payment or by mistake.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17206. Whenever a registered warrant is issued for the purpose of making an interdepartmental payment or in error the State agency having legal ownership of the warrant may present it to the Controller for cancellation and credit to the fund on which it was drawn. The warrant shall be accompanied by a report in writing requesting the cancellation, explaining the reason for the request and specifying the proper appropriation to be credited with the amount of the warrant. (Added by Stats. 1945, Ch. 120.) - 17207. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. )
After verifying the proper appropriation, the Controller must cancel the warrant and credit the amount to the proper fund or 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17207. After verification of the proper appropriation to be credited, the Controller shall cancel the warrant and credit the amount to the proper fund or appropriation in the same manner as other money paid into the State treasury. (Added by Stats. 1945, Ch. 120.) - 17208. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. )
When a registered warrant is canceled, the Controller must notify the Treasurer in writing and include specified details about the warrant.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17208. Whenever such a registered warrant is canceled the Controller shall so notify the Treasurer in writing, specifying the number, date, amount, to whom drawn, fund on which drawn and date of cancellation. (Added by Stats. 1945, Ch. 120.) - 17209. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. )
The Controller may get a legal opinion about the validity of registered warrants from lawyers other than the Attorney General.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17209. Whenever the Controller deems that it will increase the salability or the price of registered warrants to obtain, prior to or after sale, a legal opinion as to the validity of the warrants from attorneys other than the Attorney General, the Controller may obtain a legal opinion. (Amended by Stats. 1993, Ch. 766, Sec. 1. Effective January 1, 1994.) - 17210. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. )
The Treasurer must pay registered warrants according to law.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17210. Registered warrants shall be paid by the Treasurer in conformity with law. (Added by Stats. 1945, Ch. 120.) - 17211. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. )
Certain registered warrants must be issued and registered in the amounts requested by the provider of the related credit enhancement or liquidity agreement.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17211. Registered warrants described in subdivisions (b) and (c) of Section 17212 issued in connection with any credit enhancement or liquidity agreement (including in the form of a letter of credit, standby purchase agreement, liquidity facility, or other similar arrangement) entered into by the state to secure or support any reimbursement warrants or refunding warrants issued pursuant to this chapter shall be based upon the same claims, and shall have the same priority as to payment from unapplied money in the General Fund, as the reimbursement warrants or refunding warrants paid with funds disbursed under or in connection with the credit enhancement or liquidity agreement. These warrants shall be issued and registered in the amounts requested by the provider of the credit enhancement or liquidity agreement. (Amended by Stats. 2009, Ch. 23, Sec. 2. Effective July 28, 2009.) - 17212. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. )
Registered warrants must bear interest at specified rates, with a 12% per annum cap in one case, and may provide for periodic interest payments before redemption in another.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17212. (a) Notwithstanding Section 17222, if at any time it is necessary to register warrants pursuant to this chapter for the payment of principal of or interest on notes issued pursuant to Section 17302, the warrants shall bear interest at either the fixed or variable interest rate specified in the notes as the interest rate for that warrant or, if no rate is set forth, the fixed or variable interest rate borne by the notes. In both cases, the interest rate on those warrants shall not exceed 12 percent per annum. (b) Notwithstanding Section 17222, if at any time it is necessary to register warrants pursuant to this chapter for the payment of any obligations of the state under any credit enhancement or liquidity agreement, including in the form of a letter of credit, standby purchase agreement, reimbursement agreement, liquidity facility, or other similar arrangement, authorized pursuant to Section 5922, the warrants shall bear interest at the fixed or variable rate specified in the credit enhancement or liquidity agreement as the interest rate for those warrants. Those registered warrants may provide for periodic payment of interest thereon prior to redemption. (c) Notwithstanding Section 17222, if at any time it is necessary to register warrants pursuant to this chapter for the payment of any periodic interest payment on registered warrants described in subdivision (b), the warrants shall bear interest at the fixed or variable rate specified in the credit enhancement or liquidity agreement as the interest rate for those warrants and shall be payable only upon redemption of the warrants. (d) Notwithstanding subdivisions (b) and (c), in no case shall the total sum of interest payments under the credit enhancement or liquidity agreement and on any warrants described in subdivisions (b) and (c) exceed the amount of the appropriation pursuant to law for the payment of interest under the credit enhancement or liquidity agreement. (Amended by Stats. 2009, Ch. 23, Sec. 3. Effective July 28, 2009.) - 17213. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. )
The Controller acts as the agent for sale for certain warrants issued 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [17200 - 17213] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 17213. Notwithstanding any other provision of law, the Controller is the agent for sale for registered warrants, reimbursement warrants, and refunding warrants issued pursuant to this chapter. (Added by Stats. 2003, 1st Ex. Sess., Ch. 12, Sec. 2. Effective June 2, 2003.) - 17220. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Registration [17220 - 17224] ( Article 2 added by Stats. 1945, Ch. 120. )
This section defines “unapplied money” and “committee” 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Registration [17220 - 17224] ( Article 2 added by Stats. 1945, Ch. 120. ) ## 17220. As used in this chapter: (a) “Unapplied money” means money in the General Fund in the treasury for which outstanding warrants have not already been drawn and which would remain in the General Fund if all outstanding warrants theretofore drawn were paid. (b) “Committee” means the Pooled Money Investment Board. (Amended by Stats. 1981, Ch. 604, Sec. 7.) - 17221. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Registration [17220 - 17224] ( Article 2 added by Stats. 1945, Ch. 120. )
If the Controller issues a warrant that exceeds available General Fund balances after required reservations, the Controller must present it to the Treasurer the same day, and the Treasurer must endorse it or delegate endorsement to the Controller.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Registration [17220 - 17224] ( Article 2 added by Stats. 1945, Ch. 120. ) ## 17221. Whenever the Controller draws a warrant upon the Treasurer payable out of the General Fund in an amount in excess of the balance remaining in the unapplied money in the General Fund after first deducting from the unapplied money the amount, as estimated by the Controller, that is required by law to be earmarked, reserved, or set apart from the unapplied money for the payment of obligations of the state having priority over the obligation to which the warrant is applicable, the Controller shall upon the same day present it to the Treasurer, or seek the Treasurer’s delegation to endorse the warrant as required by this section. The Treasurer shall endorse, or delegate to the Controller to endorse, upon its back the date of presentation or endorsement by the Controller; that it is not paid for want of funds; and that it bears interest at the rate fixed pursuant to law from the date of the registration to the date of maturity, or the date upon which the Treasurer advertises that it is payable upon presentation if it bears no date of maturity. Warrants so endorsed are registered warrants. The Controller shall supply the Treasurer with a daily list of the numbers of the warrants so registered. (Amended by Stats. 1993, Ch. 766, Sec. 2. Effective January 1, 1994.) - 17221.5. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Registration [17220 - 17224] ( Article 2 added by Stats. 1945, Ch. 120. )
The Controller may set a maturity date for registered warrants with Board approval, and the date should avoid disrupting payment of specified debt instruments. The committee may redeem a warrant before maturity, and the Treasurer must pay the redemption price from available unapplied General Fund money.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Registration [17220 - 17224] ( Article 2 added by Stats. 1945, Ch. 120. ) ## 17221.5. (a) The Controller, with the approval of the Pooled Money Investment Board, may fix a maturity date for registered warrants. To the extent legally permissible, the Controller shall pick a date that does not interfere with the payment of bonds, revenue anticipation notes, reimbursement warrants, and refunding warrants. (b) Notwithstanding subdivision (a), a registered warrant may be redeemed at the option of the committee prior to the maturity date of the warrant at a redemption price not to exceed the principal amount of the warrant plus the amount of interest, calculated as of the date when the committee calls for the redemption. The Treasurer shall pay the redemption price for the registered warrant from any unapplied money in the General Fund that is available on that redemption date. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 26, Sec. 1. Effective July 1, 2009.) - 17222. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Registration [17220 - 17224] ( Article 2 added by Stats. 1945, Ch. 120. )
The committee must set the interest rate on registered warrants at no more than 5% per year, unless it decides doing so is in the state’s best interests, in which case it may set the rate at no more than 12% per 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Registration [17220 - 17224] ( Article 2 added by Stats. 1945, Ch. 120. ) ## 17222. By a majority vote, the committee shall fix the rate of interest paid on registered warrants at not more than 5 percent per annum, except, if the committee determines that it is in the best interests of the state to do so, the committee may fix the rate of interest paid on any registered warrants at no more than 12 percent per annum. (Amended by Stats. 2009, Ch. 23, Sec. 4. Effective July 28, 2009.) - 17223. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Registration [17220 - 17224] ( Article 2 added by Stats. 1945, Ch. 120. )
The Controller must give the Treasurer a separate register for registered warrants, and the Treasurer must record on it the registration date and the first advertised payable date for each warrant.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Registration [17220 - 17224] ( Article 2 added by Stats. 1945, Ch. 120. ) ## 17223. The Controller shall furnish the Treasurer with a separate register for registered warrants, and the Treasurer shall stamp on the register the date on which each warrant is registered and the date on which it is first advertised as payable. (Added by Stats. 1945, Ch. 120.) - 17224. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Registration [17220 - 17224] ( Article 2 added by Stats. 1945, Ch. 120. )
If the Controller presents a warrant for registration, the Treasurer must return it to the Controller after registration.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Registration [17220 - 17224] ( Article 2 added by Stats. 1945, Ch. 120. ) ## 17224. If the Controller presents a warrant to the Treasurer for registration, after registration, the Treasurer shall return the warrant to the Controller for distribution. (Amended by Stats. 1993, Ch. 766, Sec. 3. Effective January 1, 1994.) - 17240. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
This section defines “reimbursement warrants” and “refunding warrants.”
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17240. As used in this chapter: (a) “Reimbursement warrants” refers to warrants drawn by the Controller on the General Fund pursuant to this article to reimburse the General Cash Revolving Fund for demands against the General Fund for which warrants were drawn against the General Cash Revolving Fund. (b) “Refunding warrants” refers to warrants drawn by the Controller on the General Fund pursuant to this article to provide funds for the payment of reimbursement warrants bearing a fixed maturity date or warrants issued pursuant to Section 17211. (Amended by Stats. 2009, Ch. 23, Sec. 5. Effective July 28, 2009.) - 17240.5. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
If the Controller requests registered reimbursement warrants and the Governor approves the need, a copy of the request must go to specified legislative leaders, and the Controller must report issuance details within 15 days after the issuance is completed.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17240.5. (a) If the Controller requests that registered reimbursement warrants be issued, and the Governor determines pursuant to Section 16381 that the need for those warrants is justified, a copy of the written request from the Controller shall also be provided to the chairperson and vice chairperson of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget, the chairperson and vice chairperson of the Joint Legislative Budget Committee, and the chairperson and vice chairperson of the Senate and Assembly Committee on Appropriations. (b) No later than 15 days following the completion of a registered reimbursement warrant issuance, the Controller shall report on the specific details of the issuance to the chairperson and vice chairperson of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget, the chairperson and vice chairperson of the Joint Legislative Budget Committee, and the chairperson and vice chairperson of the Senate and Assembly Committee on Appropriations. (Added by Stats. 2007, Ch. 336, Sec. 1. Effective January 1, 2008.) - 17241. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
The Controller may draw reimbursement warrants on the General Fund to reimburse the General Cash Revolving 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17241. To reimburse the General Cash Revolving Fund, the Controller may draw reimbursement warrants on the General Fund in the same manner as if General Cash Revolving Fund warrants had not been issued to meet the demands for which they were drawn. (Added by Stats. 1945, Ch. 120.) - 17242. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
The Treasurer must register a reimbursement warrant when its amount is more than the remaining unapplied money in the General Fund after required priority amounts are deducted.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17242. If a reimbursement warrant represents an amount in excess of the balance remaining in the unapplied money in the General Fund after first deducting from such unapplied money the amount, as estimated by the Controller, which is required by law to be earmarked, reserved or set apart from such unapplied money for the payment of obligations of the State having priority over the obligation to which such reimbursement warrant is applicable, it shall be registered by the Treasurer pursuant to the provisions of this chapter. (Amended by Stats. 1951, Ch. 222.) - 17243. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
The Controller may set maturity and payment dates for reimbursement warrants, and may require interest to be paid only when the warrant is redeemed.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17243. The Controller may fix a maturity date for reimbursement warrants, and indorse upon each warrant, the date upon which the principal amount of the warrant will be paid and redeemed. The Controller, with the concurrence of the Department of Finance and the Office of the State Treasurer, may fix periodic payment dates for interest on reimbursement warrants or provide that interest on reimbursement warrants be paid only upon redemption, provided that interest on registered reimbursement warrants for which the committee has not fixed a maximum rate of interest pursuant to Section 17244 shall be paid only upon redemption of the registered reimbursement warrant. (Amended by Stats. 2009, Ch. 23, Sec. 6. Effective July 28, 2009.) - 17244. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
The committee may set a maximum interest rate for registered reimbursement warrants, up to 12% per year, instead of a precise rate.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17244. (a) Notwithstanding any other provision of law, in lieu of prescribing a precise interest rate on registered reimbursement warrants, the committee may fix a maximum rate of interest for the warrants, not to exceed 12 percent per annum for either fixed or variable interest rate warrants, and prescribe that the interest rate on the warrants, not in excess of that maximum, shall be either of the following: (1) Fixed in accordance with the best bids for the warrants if the warrants are sold at public sale. (2) Fixed or variable on the terms and conditions the Controller shall approve at the time of sale of the warrants if the warrants are sold in negotiated sales. (b) Different rates of interest for any reimbursement warrants may be so fixed or established by the Controller. (Amended by Stats. 2009, Ch. 23, Sec. 7. Effective July 28, 2009.) - 17245. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
The Controller must sell registered reimbursement warrants, either at public sale to the best bidders or through negotiated sales approved by the Controller, and the sale price cannot be below face value.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17245. Registered reimbursement warrants shall be sold by the Controller at public sale to the best bidders or in negotiated sales on the terms and conditions the Controller shall approve, but at no less than face value of the registered reimbursement warrants offered. (Amended by Stats. 2009, Ch. 23, Sec. 8. Effective July 28, 2009.) - 17246. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
The Controller must publish notice of a public sale of registered reimbursement warrants at least 3 days before the sale, and the notice must appear at least once in a newspaper published in Sacramento.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17246. Notice of public sale of registered reimbursement warrants shall be given by the Controller by publication, not less than three days prior to sale, at least once in a newspaper published in the City of Sacramento. (Amended by Stats. 2007, Ch. 336, Sec. 4. Effective January 1, 2008.) - 17247. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
The public sale notice must state the amount of warrants to be sold, the minimum bid amount the Controller will consider, and invite sealed bids. Bids below face value are not accepted, and the Controller awards the warrants to the best bids based on interest rate and any premium offered.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17247. The notice of public sale shall specify the amount of warrants to be sold, and the minimum amount for which the Controller will consider bids, and shall invite sealed bids for the purchase of the warrants. The notice shall state that no bid will be accepted that is less than the face value of the warrants bid for, and that the warrants will be awarded to the persons making the best bids as determined by the Controller, considering the interest rate and premium offered, if any. (Amended by Stats. 2007, Ch. 336, Sec. 5. Effective January 1, 2008.) - 17248. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
The Controller may give additional notice of a sale, and may determine the form and manner of that notice.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17248. The Controller may give additional notice of any such sale in such form and manner as he may determine. (Added by Stats. 1945, Ch. 120.) - 17249. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
The Controller must open the bids at the time stated in the notice of sale and award the warrants to the best bids. The Controller may reject any or all bids, and bids below face value cannot be accepted.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17249. At the time specified in the notice of sale, the Controller shall open the bids, and award the warrants to the persons making the best bids as determined by him. The Controller may reject any and all bids. No bid for less than the face value of any warrants shall be accepted. (Added by Stats. 1945, Ch. 120.) - 17250. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
The Controller must endorse certain registered reimbursement warrants in the name of and on behalf of the named payee.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17250. The Controller shall endorse any registered reimbursement warrant so sold or to be sold in the name of and on behalf of the payee named in the warrant. The endorsement transfers to the holder the warrant and the claims in pursuance of which it was drawn, irrespective of whether the claimants have received the amount of such claims through warrants drawn on the General Cash Revolving Fund. (Added by Stats. 1945, Ch. 120.) - 17251. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
Cancellation, invalidity, or abatement of a related claim or a warrant against the General Cash Revolving Fund does not affect a registered reimbursement warrant. The Controller’s certificate is conclusive for specified matters in favor of the holder.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17251. The cancellation, invalidity or abatement, in whole or in part, of any such claim, or of any warrant drawn against the General Cash Revolving Fund, does not invalidate or otherwise affect any registered reimbursement warrant. The certificate of the Controller relative to any of the matters required to be found, determined or exist as a condition to or in connection with the issuance, registration or sale of registered reimbursement warrants, or the making or auditing of any demand, or in respect to the issuance of warrants on the General Cash Revolving Fund is conclusive in favor of any holder of any registered reimbursement warrant. (Added by Stats. 1945, Ch. 120.) - 17252. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
A reimbursement warrant does not have to be registered before it is sold for the sale to be valid.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17252. It is not essential to the validity of the sale of any reimbursement warrant that it be actually registered prior to sale. (Added by Stats. 1945, Ch. 120.) - 17253. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
The proceeds from selling a registered reimbursement warrant must be handled by depositing them into specified state funds.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17253. The proceeds of the sale of any registered reimbursement warrant shall be deposited in the State Treasury; an amount equal to its face value shall be credited to the General Cash Revolving Fund; and any premium received shall be deposited in the General Fund and used for the payment of interest on the registered reimbursement warrants. (Amended by Stats. 2009, Ch. 23, Sec. 9. Effective July 28, 2009.) - 17255. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. )
The Legislature states its intent to recognize an accumulated General Fund budget deficit and to treat certain reimbursement warrant sale proceeds as a reduction in 2008–09 expenditures.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. Reimbursement and Refunding Warrants [17240 - 17255] ( Article 3 added by Stats. 1945, Ch. 120. ) ## 17255. (a) It is the intent of the Legislature, in enacting this section, to recognize the state’s General Fund budget deficit accumulated prior to July 1, 2009. It is further the intent of the Legislature that proceeds from the sale of reimbursement warrants, a short-term obligation up to the amount needed to offset the accumulated General Fund Budget deficit through June 30, 2009, be accounted for as a reduction in expenditures for the 2008–09 fiscal year. (b) For purposes of this section, the “accumulated General Fund budget deficit through June 30, 2009” means the projected negative balance of the Special Fund for Economic Uncertainties at the end of the 2008–09 fiscal year, not including the effect of the accrual of reimbursement warrants in subdivision (a) to offset expenditures in 2008–09. (Added by Stats. 2009, 3rd Ex. Sess., Ch. 4, Sec. 3. Effective February 20, 2009.) - 17270. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. )
Warrants must be payable in U.S. coin or currency that is legal tender at the time of payment, and the Controller must endorse that payment provision on each warrant drawn on the Treasurer.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17270. All warrants are payable in such coin or currency of the United States of America as at the time of payment is legal tender for the payment of public and private debts. The Controller shall cause to be endorsed upon the face of each warrant drawn upon the Treasurer a provision that it is so payable. (Added by Stats. 1945, Ch. 120.) - 17271. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. )
The Treasurer must pay certain registered warrants on maturity, and must pay accrued interest on registered reimbursement warrants on each set payment date. A registered reimbursement warrant may also allow optional redemption before maturity, capped at 110% of principal plus accrued 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17271. (a) A registered warrant that bears a maturity date shall be paid by the Treasurer upon that date out of any unapplied money in the General Fund on the due date, available therefor. (b) Notwithstanding subdivision (a), accrued interest on a registered reimbursement warrant shall be paid by the Treasurer on each payment date established pursuant to Section 17243 out of any unapplied money in the General Fund available therefor on the payment date. (c) Notwithstanding subdivision (a), a registered reimbursement warrant may provide that it may be redeemed at the option of the committee prior to the maturity date of the warrant at a redemption price not to exceed 110 percent of the principal amount of the warrant plus accrued interest. The optional redemption price shall be paid by the Treasurer out of any unapplied money in the General Fund available therefor on the optional redemption date. (Amended by Stats. 2009, Ch. 23, Sec. 10. Effective July 28, 2009.) - 17272. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. )
The Controller pays certain registered warrants, with interest, at times the Controller तयerns with committee approval, and then notifies the Treasurer of the warrant numbers to be redeemed.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17272. Registered warrants not bearing a maturity date, and registered warrants bearing a maturity date, but for the payment of which refunding warrants have not been sold or unapplied money is not available on the due date, shall be paid, together with all interest due, at such times as the Controller determines, with the approval of the committee. Upon approval the Controller shall notify the Treasurer of the numbers of the warrants which are to be redeemed. (Added by Stats. 1945, Ch. 120.) - 17273. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. )
The Treasurer must immediately publish notice that the registered warrants are redeemable.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17273. The Treasurer shall immediately publish notice that such registered warrants are redeemable by advertising for six consecutive days, Sundays excepted, in newspapers publishing legal notices in the cities of Sacramento, San Francisco, and Los Angeles. (Added by Stats. 1945, Ch. 120.) - 17274. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. )
The notice of redemption must substantially follow the statutory wording for state warrant holders.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17274. The notice of redemption shall read substantially as follows: “NOTICE TO HOLDERS OF STATE OF CALIFORNIA WARRANTS State Controller’s warrants number ______ to number ______, inclusive, drawn against the General Fund in the state treasury will be payable on (redemption date) upon presentation to the State Treasurer. (Name of State Treasurer) State Treasurer.” (Amended by Stats. 1993, Ch. 766, Sec. 5. Effective January 1, 1994.) - 17275. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. )
Interest on a registered warrant goes to the person holding it on the redemption date, unless a registered reimbursement warrant says otherwise.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17275. Any interest paid on any registered warrant shall accrue to the person holding the warrant on the date of redemption, except a registered reimbursement warrant may provide otherwise. A registered warrant ceases to bear interest on the first of the following dates: (a) The maturity date endorsed on its face, if any, if on that date unapplied money or the proceeds of refunding warrants are available for its payment. (b) The date of redemption, so long as the date is at least three days following the first day of published notice pursuant to Section 17273. (c) The date a registered warrant is used by a taxpayer, pursuant to Section 17280.1, or by a beneficial owner of a state bond, pursuant to Section 17280.3, to offset a tax liability of the taxpayer or beneficial owner. (Amended by Stats. 2011, Ch. 306, Sec. 1. (SB 506) Effective January 1, 2012.) - 17276. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. )
If a registered reimbursement warrant matures without available funds, it keeps accruing interest and is paid like a registered warrant without a maturity date. Interest-payment warrants issued for that purpose bear the Controller-set rate stated in the reimbursement warrant and interest is paid only when redeemed.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17276. (a) If on the maturity date indorsed on a registered reimbursement warrant, there is no money available for its payment, either from unapplied money, or from the proceeds of refunding warrants the registered reimbursement warrant shall continue to bear interest on the principal amount of the warrant and shall become payable in the same manner as registered warrants not bearing maturity dates. (b) Notwithstanding Section 17222, if at any time it is necessary to register warrants pursuant to this chapter for the payment of any interest payment on a registered reimbursement warrant, those warrants shall bear interest at the fixed or variable rate determined by the Controller and as specified in the registered reimbursement warrant as the interest rate for those warrants. Interest on those warrants shall be payable only upon redemption of the warrants. (c) Notwithstanding subdivision (b), in no case shall the total sum of interest payments on the registered reimbursement warrant and the warrants registered for the payment of any interest payment on that registered reimbursement warrant exceed an amount equal to the interest that could have accrued on the registered reimbursement warrant at the maximum interest rate that could have been fixed by the committee thereon pursuant to subdivision (a) of Section 17244. (Amended by Stats. 2009, Ch. 23, Sec. 12. Effective July 28, 2009.) - 17277. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. )
The Controller may issue a refunding warrant if a registered reimbursement warrant will not have enough unapplied General Fund money available on its maturity date, and the Treasurer gives written approval.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17277. If it appears to the Controller that, on the maturity date on the face of any registered reimbursement warrant, there will be insufficient unapplied money in the General Fund available for its payment he or she may issue a refunding warrant, with the written approval of the Treasurer. (Amended by Stats. 1993, Ch. 766, Sec. 7. Effective January 1, 1994.) - 17278. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. )
Refunding warrants used to pay and retire registered reimbursement warrants must be based on the same claims and match the paid warrants in form and amount, except for serial number, registration date, due date, and interest rate.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17278. Refunding warrants issued, registered, and sold for the purpose of paying and retiring registered reimbursement warrants theretofore issued shall be based upon the same claims and shall be identical in form and amount to the warrants to be paid and retired except as to serial number, date of registration, due date, and interest rate. The provisions of this chapter applicable to reimbursement warrants are applicable to refunding warrants. (Added by Stats. 1945, Ch. 120.) - 17279. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. )
Refunding warrants may be issued with or without a fixed maturity date, and their proceeds must be held by the Treasurer and used only to pay the registered reimbursement warrants they replace.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17279. Refunding warrants may be issued with or without a fixed maturity date and shall be sold in the same manner as reimbursement warrants. The proceeds shall be held by the Treasurer and applied exclusively to the payment of the registered reimbursement warrants for the payment of which the refunding warrants were issued. (Added by Stats. 1945, Ch. 120.) - 17280. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. )
If warrants are registered to pay State bond principal and interest, those warrants get priority and must be paid before other warrants.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17280. If at any time it is necessary to register warrants for the payment of principal and interest on State bonds, warrants so registered have a prior lien in the order of their issuance on any money thereafter received into the General Fund, and shall be paid before any other warrants regardless of the prior issuance of the latter. (Added by Stats. 1945, Ch. 120.) - 17280.1. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. )
Certain taxpayers who receive a registered warrant may use it to pay specified taxes by check, but only under listed 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17280.1. (a) A taxpayer who has a tax liability, including any liability for periodic estimated tax payments, with respect to personal income taxes or bank and corporation taxes, and who is a payee named in a registered warrant as defined in Section 17221 which is received in payment of an obligation of the State of California to the taxpayer, may pay any tax liability specified above, in whole or in part, by a check in an amount not to exceed the amount of the registered warrant, exclusive of any interest thereon. That check shall not be presented for payment by the state or paid by the bank on which it is drawn until the registered warrant payable to the taxpayer is payable upon its presentation to the Treasurer. The provisions of this section shall be applicable only if the taxpayer’s check in payment of a tax liability pursuant to this section is accompanied by a copy of the registered warrant, as specified above, which clearly discloses the name of the payee, the amount to be paid, the number of the warrant, and the completed and signed legend as provided for in subdivision (d). (b) Any taxpayer submitting a check for the payment of taxes pursuant to subdivision (a) shall be precluded from receiving interest on his or her registered warrant from the date the check for the payment of taxes is submitted. (c) In the event that a taxpayer who submits a check for the payment of taxes pursuant to subdivision (a) presents his or her registered warrant to a bank or other institution for payment, the taxpayer shall make a declaration upon presentment that he or she is ineligible pursuant to subdivision (b) to receive interest from the date he or she submitted the check. (d) To facilitate the taxpayer in making the declaration required by subdivision (c), all registered warrants issued shall bear a legend on the reverse side in substantially the following form: “In endorsing this warrant, I declare that I have ◻ or have not ◻ (check one) submitted a check on (date) for the payment of tax liability in an amount not to exceed the amount of this warrant. I further declare that by submitting that check, I am ineligible for the receipt of interest on this warrant after the above date.” (Added by Stats. 1983, Ch. 1211, Sec. 3.) - 17280.2. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. )
If a tax liability is paid, in whole or part, with a registered warrant that is redeemable when the tax is paid, the interest specified in the article must be credited to the taxpayer’s account.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17280.2. In the event a tax liability is paid, in whole or in part, with a registered warrant which is redeemable at the time the tax liability is paid, interest as specified in this article, shall be credited to the taxpayer’s account. (Added by Stats. 1983, Ch. 1211, Sec. 4.) - 17280.3. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. )
A beneficial owner of a qualifying state bond may offset certain tax liability using a registered warrant, but only up to the attributable principal amount and subject to procedure 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Payment [17270 - 17280.3] ( Article 4 added by Stats. 1945, Ch. 120. ) ## 17280.3. (a) If a registered warrant, as defined in Section 17221, is issued for payment of any principal or interest due and payable on a state bond that is held in book entry form by a securities settlement system, the beneficial owner of the state bond may offset the portion of the principal amount of the registered warrant (exclusive of interest thereon) that is attributable to that beneficial owner’s beneficial interest in the state bond against an existing tax liability, as defined in subdivision (a) of Section 17280.1, of that beneficial owner, in accordance with Sections 17280.1 and 17280.2, or otherwise in accordance with procedures established by the Controller, notwithstanding that the securities settlement system, or its nominee, is the registered owner of the state bond or the named payee of the registered warrant. The amount of that beneficial owner’s tax liability that may be offset pursuant to this section shall not exceed the portion of the principal amount of the registered warrant, exclusive of interest thereon, that is attributable to the taxpayer’s beneficial ownership of the state bond. Any beneficial owner who exercises the offset right set forth in this section in payment of an existing tax liability shall not be entitled to receive payment of any interest accruing on the portion of the registered warrant attributable to that beneficial owner’s beneficial interest in the state bond after the date on which the beneficial owner exercises the offset right in accordance with the applicable procedures, and the beneficial owner shall be required to promptly repay to the state any interest accruing on the registered warrant after that date that may be paid to or ultimately received by the beneficial owner, if any. The preceding sentence shall apply even if the portion of the principal amount of the registered warrant that is attributable to the beneficial owner’s ownership interest in the state bond is larger than the amount of the tax liability offset by the beneficial owner with that registered warrant. Upon exercising the right of offset pursuant to this subdivision, the beneficial owner shall not be permitted to sell, transfer, or assign his or her beneficial ownership of the applicable state bond until the applicable registered warrant has been redeemed by the state and the beneficial owner has repaid any interest received on his or her portion of that registered warrant attributable to the period after that beneficial owner’s exercise of the right of offset as provided in this subdivision. For purposes of this subdivision and subdivision (b), “state bond” means any general obligation bond or revenue anticipation note issued by the state. (b) No state entity shall take any action that would materially adversely impair, limit, or restrict the rights of a beneficial owner of a state bond, as set forth in this section, Section 17280.1, or Section 17280.2, or any successor provisions, as those provisions were in effect when the person or party became a beneficial owner of the state bond, until the state bond is fully paid and discharged. (Amended by Stats. 2012, Ch. 162, Sec. 63. (SB 1171) Effective January 1, 2013.) - 17296. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Warrant Payment Fund [17296 - 17296.5] ( Article 6 added by Stats. 1994, Ch. 136, Sec. 2. )
The Legislature states that this article is intended to assure investors in registered reimbursement warrants that money will be set aside in the Warrant Payment Fund and used to pay those warrants at maturity.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Warrant Payment Fund [17296 - 17296.5] ( Article 6 added by Stats. 1994, Ch. 136, Sec. 2. ) ## 17296. It is the intent of the Legislature, in enacting this article, to provide assurances to the persons who invest in the state’s registered reimbursement warrants that funds will be set aside in the Warrant Payment Fund and will be used to retire the registered reimbursement warrants at maturity. (Added by Stats. 1994, Ch. 136, Sec. 2. Effective July 5, 1994. Repealed on or after July 1, 1996, as prescribed by Section 17296.5.) - 17296.1. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Warrant Payment Fund [17296 - 17296.5] ( Article 6 added by Stats. 1994, Ch. 136, Sec. 2. )
This section creates the Warrant Payment Fund in the State Treasury and limits its use to redeeming registered reimbursement warrants, except as Section 17296.4 allows.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Warrant Payment Fund [17296 - 17296.5] ( Article 6 added by Stats. 1994, Ch. 136, Sec. 2. ) ## 17296.1. (a) The Warrant Payment Fund is hereby created in the State Treasury for the purpose of setting aside unapplied moneys in the General Fund for the payment and redemption of registered reimbursement warrants issued during the 1994–95 fiscal year and maturing in the 1995–96 fiscal year. The Warrant Payment Fund shall consist of all funds deposited therein pursuant to this article. Except as provided in Section 17296.4, the moneys in the Warrant Payment Fund shall only be available for transfer to the General Fund to redeem registered reimbursement warrants. (b) Notwithstanding Section 13340, the Warrant Payment Fund is continuously appropriated, without regard to fiscal years, for the purposes specified in this article. (Added by Stats. 1994, Ch. 136, Sec. 2. Effective July 5, 1994. Repealed on or after July 1, 1996, as prescribed by Section 17296.5.) - 17296.2. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Warrant Payment Fund [17296 - 17296.5] ( Article 6 added by Stats. 1994, Ch. 136, Sec. 2. )
The Controller must transfer $4 billion plus interest from unapplied General Fund moneys to the Warrant Payment Fund to redeem specified warrants, in four equal installments by listed dates.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Warrant Payment Fund [17296 - 17296.5] ( Article 6 added by Stats. 1994, Ch. 136, Sec. 2. ) ## 17296.2. The Controller shall transfer from unapplied moneys in the General Fund to the Warrant Payment Fund the total amount of four billion dollars ($4,000,000,000) plus interest necessary to redeem the warrants identified in subdivision (a) of Section 17296.1, to be transferred in four equal installments on or before each of the following dates: September 30, 1995, November 30, 1995, January 31, 1996, and April 24, 1996. (Added by Stats. 1994, Ch. 136, Sec. 2. Effective July 5, 1994. Repealed on or after July 1, 1996, as prescribed by Section 17296.5.) - 17296.3. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Warrant Payment Fund [17296 - 17296.5] ( Article 6 added by Stats. 1994, Ch. 136, Sec. 2. )
The Controller must transfer money from the Warrant Payment Fund to the General Fund to pay and redeem registered reimbursement warrants when they mature.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Warrant Payment Fund [17296 - 17296.5] ( Article 6 added by Stats. 1994, Ch. 136, Sec. 2. ) ## 17296.3. The Controller shall transfer funds from the Warrant Payment Fund to the General Fund to pay and redeem registered reimbursement warrants at maturity. (Added by Stats. 1994, Ch. 136, Sec. 2. Effective July 5, 1994. Repealed on or after July 1, 1996, as prescribed by Section 17296.5.) - 17296.4. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Warrant Payment Fund [17296 - 17296.5] ( Article 6 added by Stats. 1994, Ch. 136, Sec. 2. )
Money in the Warrant Payment Fund may be transferred to the General Fund under Section 16310.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Warrant Payment Fund [17296 - 17296.5] ( Article 6 added by Stats. 1994, Ch. 136, Sec. 2. ) ## 17296.4. Moneys in the Warrant Payment Fund shall be available for transfer to the General Fund pursuant to Section 16310. (Added by Stats. 1994, Ch. 136, Sec. 2. Effective July 5, 1994. Repealed on or after July 1, 1996, as prescribed by Section 17296.5.) - 17296.5. Verify source ↗
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Warrant Payment Fund [17296 - 17296.5] ( Article 6 added by Stats. 1994, Ch. 136, Sec. 2. )
This article ends on July 1, 1996 unless registered reimbursement warrants are still outstanding; if they are, the article stays in effect until those warrants are paid.
## 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 4. WARRANTS [17000 - 17296.5] ( Part 4 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Registered Warrants [17200 - 17296.5] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Warrant Payment Fund [17296 - 17296.5] ( Article 6 added by Stats. 1994, Ch. 136, Sec. 2. ) ## 17296.5. Unless registered reimbursement warrants remain outstanding, this article shall be in effect only until July 1, 1996, and as of that date is repealed. If registered reimbursement warrants remain outstanding July 1, 1996, this article shall continue in effect until the warrants are paid. Any balance in the Warrant Payment Fund as of the date of repeal of this article shall be transferred to the General Fund. (Added by Stats. 1994, Ch. 136, Sec. 2. Effective July 5, 1994. Repealed on or after July 1, 1996, by its own provisions. Note: Repeal affects Article 6, commencing with Section 17296.) - 17300. Verify source ↗
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. )
If the General Fund is insufficient or expected to be insufficient, the Controller may draw demands against current-year General Fund appropriations before income is received, and the Treasurer must register those demands for nonpayment.
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. ) ## 17300. Whenever the Controller determines that moneys in the General Fund are, or are expected to be, insufficient for the payment of all appropriations by the Legislature which are required to be paid in the then current fiscal year out of the General Fund, the Controller, based upon his or her estimate of the probable income to the General Fund during the then current fiscal year and the probable dates of receipt thereof, may draw a demand or demands against appropriations made from the General Fund to be paid in the then current fiscal year prior to the receipt of the income, and deliver the demand or demands to the Treasurer. The Treasurer shall register the demand or demands for nonpayment and may issue notes by resolution pursuant to Section 17302. (Amended by Stats. 1991, Ch. 185, Sec. 1.) - 17301. Verify source ↗
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. )
The Treasurer may sell authorized notes and must pay the notes and their interest from 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. ) ## 17301. Notes authorized to be issued may be sold by the Treasurer from time to time on a negotiated or a competitive bid basis as the Treasurer shall deem advisable. The Treasurer shall pay the notes and the interest thereon from moneys in the General Fund. (Amended by Stats. 1984, Ch. 1648, Sec. 3. Effective September 30, 1984.) - 17302. Verify source ↗
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. )
State notes may be issued only to raise enough funds to satisfy the Controller’s registered demand, and issuance must be authorized by resolution with required approvals.
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. ) ## 17302. Notes shall be issued pursuant to this part only to raise funds in an amount sufficient to satisfy the Controller’s registered demand or demands. Proceeds of notes may also be used for the payments described in Section 17311 to the extent that those payments are not included within the appropriations comprising the demand or demands. The principal amount of the issuance of notes shall equal the amount of the demand or the portion of the demand that is satisfied by the issuance. The issuance of any notes pursuant to this part shall be authorized by a resolution adopted by the Treasurer with the approval of the Controller and the Director of Finance. (a) Any note (1) may be negotiable, (2) may be payable to order or to bearer, (3) may be in any denomination, (4) shall be payable not later than 120 days after the end of the fiscal year in which the note has been issued and shall not be renewable beyond that date, (5) may bear fixed or variable interest at a rate or rates to be determined as provided by the resolution and payable as provided therein, (6) may be payable on a fixed date or upon demand of the holder of the note, (7) may be made subject to prepayment or redemption at the option of the state or at the option of the holder, and (8) may have a term not exceeding 12 months. (b) In lieu of issuing notes pursuant to subdivision (a), the resolution may provide for the issuance of notes in the form of commercial paper. This commercial paper may be issued and renewed from time to time, in amounts, subject to the requirements of this subdivision, as the Treasurer shall determine, from the date of initial issuance until the final maturity date, which shall not be more than 12 months, and shall occur not more than 120 days after the end of the fiscal year in which the commercial paper was first issued, and shall not be renewed beyond that date. The maximum principal amount of commercial paper outstanding at any one time shall be stated in the resolution, and shall not be greater than the amount of the Controller’s demand. The resolution may also provide that the commercial paper (1) may be negotiable, (2) may be payable to order or to bearer, (3) may be in any denomination, (4) may bear fixed or variable interest at a rate or rates to be determined as provided in the resolution and payable as provided therein, (5) may be payable on a fixed date or upon demand of the holder of the commercial paper, (6) may be made subject to prepayment or redemption at the option of the state or of the holder, and (7) may contain any other provision necessary or appropriate to carry out the program of commercial paper. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 9. Effective February 20, 2009.) - 17303. Verify source ↗
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. )
After the purchase price of the notes is received, the Treasurer must notify the Controller, and the Controller may draw warrants against lawful legislative appropriations. When the notes or the relevant portion are fully paid, the corresponding registered demand must be canceled.
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. ) ## 17303. Upon receipt of the purchase price of the notes, the Treasurer shall notify the Controller that funds for the payment of all or part of the registered demand or demands are in the State Treasury and available for the payment of claims represented by the registered demand or demands. The Controller may thereupon proceed to draw warrants against appropriations lawfully made by the Legislature to be paid in the fiscal year and represented by the registered demand or demands. Upon the payment in full of the notes representing the registered demand or demands, or the portion of the demand or demands as set forth in Section 17302, the appropriate portion of the registered demand or demands shall be canceled. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 10. Effective February 20, 2009.) - 17304. Verify source ↗
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. )
General Fund revenues may be used to pay the notes and interest until they are fully paid, and the notes are payable exclusively from General Fund money, with internal borrowing from other funds allowed if General Fund money is insufficient.
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. ) ## 17304. Any revenues in the General Fund are available for the payment of all notes and the interest thereon until the notes and the interest thereon shall be fully paid and discharged. The notes, together with the interest thereon, shall be payable exclusively from moneys in the General Fund , but not excepting recourse to internal borrowing from other funds in the event insufficient moneys are available from the General Fund. (Amended by Stats. 1991, Ch. 185, Sec. 3.) - 17306. Verify source ↗
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. )
State-issued notes under this part are legal investments for specified trust, insurer, bank, savings and loan, and public-agency funds.
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. ) ## 17306. All notes issued pursuant to this part by the state are legal investments for any of the following: (a) Trust funds. (b) Funds of insurers. (c) Funds of savings and loan associations. (d) Funds of banks. (e) Funds of state agencies, cities, counties, cities and counties or other public agencies or corporations. (Added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. Effective February 17, 1983.) - 17307. Verify source ↗
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. )
Notes issued under this part may be used as security for trusts, obligations, acts, and certain bank deposits.
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. ) ## 17307. Notes issued under this part are acceptable and may be used as security for the faithful performance of any public or private trust or obligation or for the performance of any act, including the use of notes by banks as security for deposits of funds of the state and its agencies, or of any city, county, city and county, or other public agency or corporation. (Added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. Effective February 17, 1983.) - 17308. Verify source ↗
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. )
A qualifying state or local agency may invest treasury funds in state notes issued under this part.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. ) ## 17308. Any state or local agency that is authorized to invest funds in its treasury in securities which are legal investments for savings banks may invest the funds in notes of the state issued under this part. (Added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. Effective February 17, 1983.) - 17309. Verify source ↗
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. )
The Treasurer may get a legal opinion from attorneys other than the Attorney General when the Treasurer thinks it will help sell the notes.
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. ) ## 17309. Whenever the Treasurer deems that it will increase the salability of the notes to obtain, prior to or after sale, a legal opinion as to the validity of the notes from attorneys other than the Attorney General, the Treasurer may obtain a legal opinion elsewhere. (Added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. Effective February 17, 1983.) - 17310. Verify source ↗
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. )
Money from the General Fund is appropriated to pay interest and principal on certain notes, and related note payments must be made only after legally required prior payments and any payments the note documents allow to come first.
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. ) ## 17310. (a) Notwithstanding Section 13340, there is hereby appropriated from the General Fund any unapplied money, as defined in subdivision (a) of Section 17220, in any amounts necessary to pay the interest on, and the principal of, any notes issued pursuant to this part, as the interest on and the principal of the notes become due and payable. (b) When any payment on a note or any payment to the provider of a credit enhancement or liquidity facility for a note is due, that payment shall be made subject only to prior payment of the following: (1) Payments required by law to be paid before the note or provider payment. (2) Payments that by the terms of the note or credit enhancement or liquidity agreement are permitted to be paid before the note or provider payment. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 11. Effective February 20, 2009.) - 17311. Verify source ↗
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. )
The section sets aside $250,000 from the General Fund in a special revolving account to pay specified note-related expenses.
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. ) ## 17311. (a) There is hereby appropriated from the General Fund without regard to fiscal years two hundred fifty thousand dollars ($250,000), which shall be set aside in a special account entitled State Notes Expense Account, and shall be used to pay expenses incurred by the Treasurer, Controller, or the Department of Finance in providing for the preparation, sale, issuance, advertising, legal services, or any other act which, in the discretion of the Treasurer or the Department of Finance, is necessary to carry out the purposes of this part. This account shall operate as a revolving fund and whenever notes are sold, out of the first money realized from their sale, any remaining expenses shall be paid and then there shall be redeposited in the account any amounts that have been expended for the above purposes, which amounts may be used for the same purposes and repaid in the same manner whenever additional sales are made. Without limiting Section 17300, a demand drawn under Section 17300 may include the expenses described in this subdivision. In the alternative, all or a portion of the expenses described in this subdivision may be paid by causing the notes to bear interest at a rate that results in payment by the purchaser of the notes of a premium sufficient to pay these expenses. (b) Any premium received upon the sale of an issuance of notes shall be applied to expenses described in subdivision (a) or shall be credited to the General Fund and applied to the payment of interest on notes. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 12. Effective February 20, 2009.) - 17313. Verify source ↗
## 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. )
The Legislature states that this part is intended to comply with the constitutionality requirements recognized in specified California Supreme Court 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 5. STATE OF CALIFORNIA NOTES [17300 - 17313] ( Part 5 added by Stats. 1983, 1st Ex. Sess., Ch. 10, Sec. 5. ) ## 17313. It is the intent of the Legislature that this part shall, in all respects, fall within the procedures validated by, and meet the requirements for constitutionality set forth in, the California Supreme Court cases of Riley v. Johnson, (1933), 219 Cal. 513, Riley v. Johnson, (1936), 6 Cal. 2d 529, and Flournoy v. Priest, (1971), 5 Cal. 3d 350. (Added by Stats. 1984, Ch. 268, Sec. 27.07. Effective June 29, 1984.) - 17400. Verify source ↗
## 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 6. WARRANTS AND CENTRALIZED TREASURY CHECKS [17400 - 17404] ( Part 6 added by Stats. 1977, Ch. 622. ) ## CHAPTER 1. General [17400 - 17404] ( Chapter 1 added by Stats. 1977, Ch. 622. )
The State Treasurer may make regulations about redeeming state warrants and agency checks.
## 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 6. WARRANTS AND CENTRALIZED TREASURY CHECKS [17400 - 17404] ( Part 6 added by Stats. 1977, Ch. 622. ) ## CHAPTER 1. General [17400 - 17404] ( Chapter 1 added by Stats. 1977, Ch. 622. ) ## 17400. The State Treasurer may promulgate regulations as to the redemption of state warrants and agency checks. (Added by Stats. 1977, Ch. 622.) - 17401. Verify source ↗
## 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 6. WARRANTS AND CENTRALIZED TREASURY CHECKS [17400 - 17404] ( Part 6 added by Stats. 1977, Ch. 622. ) ## CHAPTER 1. General [17400 - 17404] ( Chapter 1 added by Stats. 1977, Ch. 622. )
The State Treasurer may examine warrants and checks presented for redemption and may refuse payment of any item.
## 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 6. WARRANTS AND CENTRALIZED TREASURY CHECKS [17400 - 17404] ( Part 6 added by Stats. 1977, Ch. 622. ) ## CHAPTER 1. General [17400 - 17404] ( Chapter 1 added by Stats. 1977, Ch. 622. ) ## 17401. The State Treasurer may examine warrants and checks presented for redemption and refuse payment of any item and shall have a reasonable time to make such examination. (Added by Stats. 1977, Ch. 622.) - 17402. Verify source ↗
## 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 6. WARRANTS AND CENTRALIZED TREASURY CHECKS [17400 - 17404] ( Part 6 added by Stats. 1977, Ch. 622. ) ## CHAPTER 1. General [17400 - 17404] ( Chapter 1 added by Stats. 1977, Ch. 622. )
A presenting bank and endorsers are treated as guaranteeing that prior endorsements on a state warrant or check are genuine.
## 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 6. WARRANTS AND CENTRALIZED TREASURY CHECKS [17400 - 17404] ( Part 6 added by Stats. 1977, Ch. 622. ) ## CHAPTER 1. General [17400 - 17404] ( Chapter 1 added by Stats. 1977, Ch. 622. ) ## 17402. The presenting bank and the endorsers of a state warrant or check presented to the Treasurer for redemption are deemed to guarantee that all prior endorsements are genuine, whether or not an express guaranty is placed on the item. When the first endorsement has been made by one other than the payee personally, the presenting bank and the endorsers are deemed to guarantee to the Treasurer, in addition to other warranties, that the person who so endorsed had unqualified capacity and authority to endorse the item on behalf of the payee. (Added by Stats. 1977, Ch. 622.) - 17403. Verify source ↗
## 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 6. WARRANTS AND CENTRALIZED TREASURY CHECKS [17400 - 17404] ( Part 6 added by Stats. 1977, Ch. 622. ) ## CHAPTER 1. General [17400 - 17404] ( Chapter 1 added by Stats. 1977, Ch. 622. )
The Treasurer may revoke payment or credit for a warrant or check if later review shows a forged, erroneous, unauthorized, defective, or altered endorsement or item.
## 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 6. WARRANTS AND CENTRALIZED TREASURY CHECKS [17400 - 17404] ( Part 6 added by Stats. 1977, Ch. 622. ) ## CHAPTER 1. General [17400 - 17404] ( Chapter 1 added by Stats. 1977, Ch. 622. ) ## 17403. In any case in which the Treasurer redeems or gives credit for a warrant or check, he or she may revoke the payment or credit given by returning the warrant or check to the presenting financial institution if, upon further examination, the item is found to bear a forged, erroneous, or unauthorized endorsement or to contain any material defect or alteration. Upon this revocation, the Treasurer may deduct the amount of the item from any amount that is due or may become due to the presenting financial institution or to obtain a refund from the financial institution. This right is subject only to the requirements that the item in question be returned at the time of offset or collection and that no more than three years has elapsed since the time that the instrument was presented to the financial institution. (Amended by Stats. 1997, Ch. 920, Sec. 8. Effective October 12, 1997.) - 17404. Verify source ↗
## 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 6. WARRANTS AND CENTRALIZED TREASURY CHECKS [17400 - 17404] ( Part 6 added by Stats. 1977, Ch. 622. ) ## CHAPTER 1. General [17400 - 17404] ( Chapter 1 added by Stats. 1977, Ch. 622. )
If the State Treasurer notifies the State Controller that a forged or incorrectly endorsed state warrant was charged back, the State Controller may process a claim schedule to pay the original payee.
## 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 6. WARRANTS AND CENTRALIZED TREASURY CHECKS [17400 - 17404] ( Part 6 added by Stats. 1977, Ch. 622. ) ## CHAPTER 1. General [17400 - 17404] ( Chapter 1 added by Stats. 1977, Ch. 622. ) ## 17404. Upon notification from the State Treasurer that a forged or erroneously endorsed state warrant has been charged back to the presenting financial institution, the State Controller may process a claim schedule directing payment to the original payee. (Amended by Stats. 1997, Ch. 920, Sec. 9. Effective October 12, 1997.) - 175. Verify source ↗
## 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 3.5. Colorado River Boundary Compact [175 - 176] ( Heading of Article 3.5 renamed from Chapter 3.5 (as added by Stats. 1963, Ch. 859), and placed in Chapter 1, by Stats. 1967, Ch. 123. )
This section ratifies and approves the interstate compact between Arizona and California that sets the boundary line described in Section 176.
## 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 3.5. Colorado River Boundary Compact [175 - 176] ( Heading of Article 3.5 renamed from Chapter 3.5 (as added by Stats. 1963, Ch. 859), and placed in Chapter 1, by Stats. 1967, Ch. 123. ) ## 175. The interstate compact executed between the States of Arizona and California, as set forth in Section 176 of this chapter, fixing the location of the boundary line between the two states from the southern boundary of the State of Nevada to the point on the international boundary which is common to the boundaries of Arizona and California, and the United Mexican States, is hereby ratified and approved. (Added by Stats. 1963, Ch. 859.) - 1750. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Resignations [1750 - 1752] ( Article 1 enacted by Stats. 1943, Ch. 134. )
Resignations must be in writing and must be submitted to the specified recipient based on the officer’s role.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Resignations [1750 - 1752] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 1750. Resignations shall be in writing, and made as follows: (a) By the Governor and Lieutenant Governor, to the Legislature, if it is in session; and if not, then to the Secretary of State. (b) By all officers commissioned by the Governor, to the Governor. (c) By Senators and Members of the Assembly, to the presiding officers of their respective houses, who shall immediately transmit the resignation to the Governor. (d) By all officers of a county or special district other than an air pollution control district which includes territory in more than one county or a school district, not commissioned by the Governor, to the clerk of the board of supervisors of their respective counties, unless by the terms of the act under which a district is formed appointment to vacancies is made by other than the board of supervisors, in which case the resignation shall be submitted to the appointing body. (e) By officers of a superior court, to the presiding judge. (f) By officers of a municipal corporation, to the clerk of the legislative body of their corporation. (g) By all other appointed officers, to the body or officer that appointed them. (Amended by Stats. 2012, Ch. 470, Sec. 24. (AB 1529) Effective January 1, 2013.) - 1750.5. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Resignations [1750 - 1752] ( Article 1 enacted by Stats. 1943, Ch. 134. )
The Speaker of the Assembly and the Chairman of the Senate Rules Committee must immediately notify the Governor in writing when specified resignations or appointments occur.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Resignations [1750 - 1752] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 1750.5. The Speaker of the Assembly and the Chairman of the Senate Rules Committee shall immediately inform the Governor in writing whenever a resignation has been made to them, pursuant to subparagraph (f) of Section 1750 of this chapter, from any board or commission having members appointed by the Speaker of the Assembly, the President pro Tempore of the Senate, or the Senate Rules Committee and whenever an appointment has been made by them to any board or commission having members appointed by the Speaker of the Assembly, the President pro Tempore of the Senate, or the Senate Rules Committee. (Added by Stats. 1974, Ch. 1453.) - 17500. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 1. Legislative Intent [17500- 17500.] ( Chapter 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The Legislature says the current reimbursement system has not adequately determined state responsibility for certain mandated local costs and that a better dispute-resolution mechanism is needed.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 1. Legislative Intent [17500- 17500.] ( Chapter 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17500. The Legislature finds and declares that the existing system for reimbursing local agencies and school districts for the costs of state-mandated local programs has not provided for the effective determination of the state’s responsibilities under Section 6 of Article XIII B of the California Constitution. The Legislature finds and declares that the failure of the existing process to adequately and consistently resolve the complex legal questions involved in the determination of state-mandated costs has led to an increasing reliance by local agencies and school districts on the judiciary and, therefore, in order to relieve unnecessary congestion of the judicial system, it is necessary to create a mechanism which is capable of rendering sound quasi-judicial decisions and providing an effective means of resolving disputes over the existence of state-mandated local programs. It is the intent of the Legislature in enacting this part to provide for the implementation of Section 6 of Article XIII B of the California Constitution. Further, the Legislature intends that the Commission on State Mandates, as a quasi-judicial body, will act in a deliberative manner in accordance with the requirements of Section 6 of Article XIII B of the California Constitution. (Amended by Stats. 2004, Ch. 890, Sec. 2. Effective January 1, 2005.) - 1751. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Resignations [1750 - 1752] ( Article 1 enacted by Stats. 1943, Ch. 134. )
A resignation is made by filing it in the office of the Secretary of State, unless this article or another rule provides otherwise.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Resignations [1750 - 1752] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 1751. In all cases not otherwise provided for in this article or elsewhere, a resignation is made by filing the resignation in the office of the Secretary of State. (Enacted by Stats. 1943, Ch. 134.) - 17510. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section says the chapter’s definitions control how the part is interpreted, 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 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17510. Unless the context otherwise requires, the definitions contained in this chapter govern the construction of this part. The definition of a word applies to any variants thereof and the singular tense of a word includes the plural. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17511. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section defines “City” to include any general-law or charter city, but not a city and county.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17511. “City” means any city whether general law or charter, except a city and county. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17512. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
“Commission” means the Commission on State Mandates.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17512. “Commission” means the Commission on State Mandates. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17513. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section defines “costs mandated by the federal government” and lists what is included and excluded.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17513. “Costs mandated by the federal government” means any increased costs incurred by a local agency or school district after January 1, 1973, in order to comply with the requirements of a federal statute or regulation. “Costs mandated by the federal government” includes costs resulting from enactment of a state law or regulation where failure to enact that law or regulation to meet specific federal program or service requirements imposed upon the state would result in substantial monetary penalties or loss of funds to public or private persons in the state whether the federal law was enacted before or after the enactment of the state law, regulation, or executive order. “Costs mandated by the federal government” does not include costs which are specifically reimbursed or funded by the federal or state government or programs or services which may be implemented at the option of the state, local agency, or school district. (Amended by Stats. 2004, Ch. 890, Sec. 3. Effective January 1, 2005.) - 17514. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section defines “costs mandated by the state” as certain increased costs that a local agency or school district must incur after July 1, 1980 because of qualifying statutes or executive orders.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17514. “Costs mandated by the state” means any increased costs which a local agency or school district is required to incur after July 1, 1980, as a result of any statute enacted on or after January 1, 1975, or any executive order implementing any statute enacted on or after January 1, 1975, which mandates a new program or higher level of service of an existing program within the meaning of Section 6 of Article XIII B of the California Constitution. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17515. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section defines “county” to include any chartered or general law county, and also a city and county.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17515. “County” means any chartered or general law county. “County” includes a city and county. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17516. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section defines “executive order” 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17516. “Executive order” means an order, plan, requirement, rule, or regulation issued by any of the following: (a) The Governor. (b) An officer or official serving at the pleasure of the Governor. (c) An agency, department, board, or commission of state government. (Amended by Stats. 2010, Ch. 288, Sec. 1. (SB 1169) Effective January 1, 2011.) - 17517.5. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section defines “cost savings authorized by the state” for local agencies and school districts.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17517.5. “Cost savings authorized by the state” means any decreased costs that a local agency or school district realizes as a result of any statute enacted or any executive order adopted that permits or requires the discontinuance of or a reduction in the level of service of an existing program that was mandated before January 1, 1975. (Added by Stats. 2004, Ch. 890, Sec. 5. Effective January 1, 2005.) - 17518. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section defines “local agency” to include cities, counties, special districts, authorities, and other political subdivisions 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17518. “Local agency” means any city, county, special district, authority, or other political subdivision of the state. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17518.5. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section defines “reasonable reimbursement methodology” and says it must use certain cost information, account for cost variation, and may rely on broader cost approximations when possible.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17518.5. (a) “Reasonable reimbursement methodology” means a formula for reimbursing local agencies and school districts for costs mandated by the state, as defined in Section 17514. (b) A reasonable reimbursement methodology shall be based on cost information from a representative sample of eligible claimants, information provided by associations of local agencies and school districts, or other projections of local costs. (c) A reasonable reimbursement methodology shall consider the variation in costs among local agencies and school districts to implement the mandate in a cost-efficient manner. (d) Whenever possible, a reasonable reimbursement methodology shall be based on general allocation formulas, uniform cost allowances, and other approximations of local costs mandated by the state, rather than detailed documentation of actual local costs. In cases when local agencies and school districts are projected to incur costs to implement a mandate over a period of more than one fiscal year, the determination of a reasonable reimbursement methodology may consider local costs and state reimbursements over a period of greater than one fiscal year, but not exceeding 10 years. (e) A reasonable reimbursement methodology may be developed by any of the following: (1) The Department of Finance. (2) The Controller. (3) An affected state agency. (4) A claimant. (5) An interested party. (f) This section shall become operative on July 1, 2019. (Repealed (in Sec. 144) and added by Stats. 2016, Ch. 31, Sec. 145. (SB 836) Effective June 27, 2016. Section operative July 1, 2019, by its own provisions.) - 17519. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section defines “school district” to include any school district, community college district, or county superintendent of schools.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17519. “School district” means any school district, community college district, or county superintendent of schools. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 1752. Verify source ↗
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Resignations [1750 - 1752] ( Article 1 enacted by Stats. 1943, Ch. 134. )
A member of a city, county, or district governing body generally cannot be appointed to fill a vacancy on that same governing body during the person’s term, except in a stated general-law-city mayor vacancy situation.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 4. Resignations and Vacancies [1750 - 1782] ( Chapter 4 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 1. Resignations [1750 - 1752] ( Article 1 enacted by Stats. 1943, Ch. 134. ) ## 1752. (a) Except as provided in subdivision (b), no person elected or appointed to the governing body of any city, county, or district having an elected governing body, shall be appointed to fill any vacancy on that governing body during the term for which he or she was elected or appointed. (b) With respect to a general law city, if a vacancy in the elected office of mayor occurs, the council may fill that vacancy by appointing a member of the council to the office of mayor. Any person appointed to fill the vacancy shall hold the office of mayor for the unexpired term of the former mayor. Any vacancy created in the membership of a city council as the result of an appointment of a member to the office of mayor shall be filled in accordance with Section 36512. (Amended by Stats. 2003, Ch. 296, Sec. 3. Effective January 1, 2004.) - 17520. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section defines “special district” and lists entities that are included or excluded.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17520. “Special district” means any agency of the state that performs 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. “Special district” does not include a city, a county, a school district, or a community college district. County free libraries established pursuant to Chapter 6 (commencing with Section 19100 of Part 11 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 part. (Amended by Stats. 2006, Ch. 538, Sec. 277. Effective January 1, 2007.) - 17521. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
A “test claim” is the first claim filed with the commission alleging that a statute or executive order imposes state-mandated costs.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17521. “Test claim” means the first claim filed with the commission alleging that a particular statute or executive order imposes costs mandated by the state, and includes a claim filed pursuant to Section 17574. (Amended by Stats. 2007, Ch. 329, Sec. 1.5. Effective January 1, 2008.) - 17521.5. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section defines “Legislatively determined mandate” for purposes of the 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17521.5. “Legislatively determined mandate” means the provisions of a statute or executive order that the Legislature, pursuant to Article 1.5, has declared by statute to be a mandate for which reimbursement is required by Section 6 of Article XIII B of the California Constitution. (Added by Stats. 2007, Ch. 329, Sec. 2. Effective January 1, 2008.) - 17522. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section defines three types of reimbursement claims that local agencies or school districts may file with the Controller.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17522. (a) “Initial reimbursement claim” means a claim filed with the Controller by a local agency or school district for costs to be reimbursed for the fiscal years specified in the first claiming instructions issued by the Controller pursuant to subdivision (b) of Section 17558. (b) “Annual reimbursement claim” means a claim for actual costs incurred in a prior fiscal year filed with the Controller by a local agency or school district for which appropriations are made to the Controller for this purpose. (c) “Entitlement claim” means a claim filed by a local agency or school district with the Controller for the purpose of establishing or adjusting a base year entitlement. All entitlement claims are subject to Section 17616. (Amended by Stats. 2008, 3rd Ex. Sess., Ch. 6, Sec. 2. Effective February 16, 2008.) - 17523. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
“Deflator” means the Implicit Price Deflator for the Costs of Goods and Services to Governmental Agencies, as determined by the Department of Finance.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17523. “Deflator” means the Implicit Price Deflator for the Costs of Goods and Services to Governmental Agencies, as determined by the Department of Finance. (Added by Stats. 1985, Ch. 1534, Sec. 2. Effective October 2, 1985.) - 17524. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section defines “base year entitlement” as the average approved reimbursement claims for the prior three fiscal years, adjusted for the deflator, and excludes nonrecurring or startup costs.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 2. General Provisions [17510 - 17524] ( Chapter 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17524. “Base year entitlement” means that amount determined to be the average for the approved reimbursement claims of each local agency or school district for the three preceding fiscal years adjusted by the change in the deflator. A base year entitlement shall not include any nonrecurring or initial startup costs incurred by a local agency or school district in any of those three fiscal years. For those mandates which become operative on January 1 of any year, the amount of the “approved reimbursement claim” for the first of the three years may be computed by annualizing the amount claimed for the six-month period of January through June in that first year, excluding nonrecurring or startup costs. (Added by Stats. 1985, Ch. 1534, Sec. 3. Effective October 2, 1985.) - 17525. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. )
The section creates the Commission on State Mandates and sets out its seven members.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17525. (a) There is hereby created the Commission on State Mandates, which shall consist of seven members as follows: (1) The Controller. (2) The Treasurer. (3) The Director of Finance. (4) The Director of the Office of Planning and Research. (5) A public member with experience in public finance, appointed by the Governor and approved by the Senate. (6) Two members from the following three categories appointed by the Governor and approved by the Senate, provided that no more than one member shall come from the same category: (A) A city council member. (B) A member of a county or city and county board of supervisors. (C) A governing board member of a school district as defined in Section 17519. (b) Each member appointed pursuant to paragraph (5) or (6) of subdivision (a) shall be subject to both of the following: (1) The member shall serve for a term of four years subject to renewal. (2) The member shall receive per diem of one hundred dollars ($100) for each day actually spent in the discharge of official duties and shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of duties as a member of the commission. (Amended by Stats. 1996, Ch. 154, Sec. 1. Effective January 1, 1997.) - 17526. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. )
Commission meetings must be open to the public, with a limited executive-session exception, and the commission must meet at least every two 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17526. (a) All meetings of the commission shall be open to the public, except that the commission may meet in executive session to consider the appointment or dismissal of officers or employees of the commission or to hear complaints or charges brought against a member, officer, or employee of the commission. (b) The commission shall meet at least once every two months. (c) The time and place of meetings may be set by resolution of the commission, by written petition of a majority of the members, or by written call of the chairperson. The chairperson may, for good cause, change the starting time or place, reschedule, or cancel any meeting. (Amended by Stats. 2004, Ch. 890, Sec. 10. Effective January 1, 2005.) - 17527. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. )
The commission has broad powers to carry out its duties and responsibilities, including examining records, holding hearings, issuing subpoenas, administering oaths, contracting for services, and adopting 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17527. In carrying out its duties and responsibilities, the commission shall have the following powers: (a) To examine any document, report, or data, including computer programs and data files, held by any local agency or school district. (b) To meet at times and places as it may deem proper. (c) As a body or, on the authorization of the commission, as a committee composed of one or more members, to hold hearings at any time and place it may deem proper. (d) Upon a majority vote of the commission, to issue subpoenas to compel the attendance of witnesses and the production of books, records, papers, accounts, reports, and documents. (e) To administer oaths. (f) To contract with other agencies or individuals, public or private, as it deems necessary, to provide or prepare services, facilities, studies, and reports to the commission as will assist it in carrying out its duties and responsibilities. (g) To adopt, promulgate, amend, and rescind rules and regulations, which shall not be subject to the review and approval of 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 of Title 2. (h) To do any and all other actions necessary or convenient to enable it fully and adequately to perform its duties and to exercise the powers expressly granted to it. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17528. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. )
Members of the commission must elect a chairperson and a vice chairperson.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17528. The members of the commission shall elect a chairperson and a vice chairperson of the commission. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17529. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. )
The commission may appoint a California attorney to serve as its attorney, and that attorney must represent, advise, and perform services for the commission as 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17529. The commission may appoint as attorney to the commission an attorney at law of this state, who shall hold office at the pleasure of the commission. The attorney shall represent and appear for the commission in all actions and proceedings involving any question under this part or under any order or act of the commission. The attorney shall advise the commission and each member of the commission, when so requested, in regard to all matters in connection with the powers and duties of the commission and the members thereof. The attorney shall generally perform all duties and services as attorney to the commission which the commission may require. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17530. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. )
The commission must appoint an executive director, and that director is exempt from civil service and serves at the commission’s pleasure.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17530. The commission shall appoint an executive director, who shall be exempt from civil service and shall hold office at the pleasure of the commission. The executive director shall be responsible for the executive and administrative duties of the commission and shall organize, coordinate, supervise, and direct the operations and affairs of the commission and expedite all matters within the jurisdiction of the commission. The executive director shall keep a full and true record of all proceedings of the commission, issue all necessary process, writs, warrants, and notices, and perform other duties as the commission prescribes. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17531. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. )
The executive director may hire specified staff and experts when considered necessary.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17531. The executive director may employ those officers, examiners, experts, statisticians, accountants, inspectors, clerks, and employees as the executive director deems necessary to carry out the provisions of this part or to perform the duties and exercise the powers conferred upon the commission by law. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17532. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. )
A majority of the commissioners is a quorum, and the commission may delegate investigations, hearings, and evidence-taking to designated commissioners or an examiner.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17532. A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission. Any investigation, inquiry, or hearing which the commission has power to undertake or to hold may be undertaken or held by or before any commissioner or commissioners designated for the purpose by the commission. The evidence in any investigation, inquiry, or hearing may be taken by the commissioner or commissioners to whom the investigation, inquiry, or hearing has been assigned or, in his or her or their behalf, by an examiner designated for that purpose. Every finding, opinion, and order made by the commissioner or commissioners so designated, pursuant to the investigation, inquiry, or hearing, when approved or confirmed by the commission and ordered filed in its office, shall be deemed to be the finding, opinion, and order of the commission. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17533. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. )
For commission hearings under this part, Chapter 4.5 (starting with Section 11400) of Part 1 of Division 3 does not apply, notwithstanding Section 11425.10.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 3. Commission on State Mandates [17525 - 17533] ( Chapter 3 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17533. Notwithstanding Section 11425.10, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 does not apply to a hearing by the commission under this part. (Added by Stats. 1995, Ch. 938, Sec. 55. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.) - 17550. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
Local agencies and school districts are to be reimbursed for state-mandated costs 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17550. Reimbursement of local agencies and school districts for costs mandated by the state shall be provided pursuant to this chapter. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17551. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The commission must hear and decide certain reimbursement claims from local agencies or school districts, and test claims must be filed within the stated 12-month time limit unless a listed exception applies.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17551. (a) The commission, pursuant to the provisions of this chapter, shall hear and decide upon a claim by a local agency or school district that the local agency or school district is entitled to be reimbursed by the state for costs mandated by the state as required by Section 6 of Article XIII B of the California Constitution. (b) Except as provided in Sections 17573 and 17574, commission review of claims may be had pursuant to subdivision (a) only if the test claim is filed within the time limits specified in this section. (c) Local agency and school district test claims shall be filed not later than 12 months following the effective date of a statute or executive order, or within 12 months of incurring increased costs as a result of a statute or executive order, whichever is later. (d) The commission, pursuant to the provisions of this chapter, shall hear and decide upon a claim by a local agency or school district filed on or after January 1, 1985, that the Controller has incorrectly reduced payments to the local agency or school district pursuant to paragraph (2) of subdivision (d) of Section 17561. (Amended by Stats. 2007, Ch. 329, Sec. 3. Effective January 1, 2008.) - 17552. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section says the chapter provides the only procedure for a local agency or school district to seek reimbursement for state-mandated costs.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17552. This chapter shall provide the sole and exclusive procedure by which a local agency or school district may claim reimbursement for costs mandated by the state as required by Section 6 of Article XIII B of the California Constitution. (Amended by Stats. 1986, Ch. 879, Sec. 3.) - 17553. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The commission must set procedures for claims and hearings, require specific supporting materials for test claims, and follow deadlines for completeness review, notification, response, and cost-estimate adoption.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17553. (a) The commission shall adopt procedures for receiving claims filed pursuant to this article and Section 17574 and for providing a hearing on those claims. The procedures shall do all of the following: (1) Provide for presentation of evidence by the claimant, the Department of Finance, and any other affected department or agency, and any other interested person. (2) Ensure that a statewide cost estimate is adopted within 12 months after receipt of a test claim, when a determination is made by the commission that a mandate exists. This deadline may be extended for up to six months upon the request of either the claimant or the commission. (3) Permit the hearing of a claim to be postponed at the request of the claimant, without prejudice, until the next scheduled hearing. (b) All test claims shall be filed on a form prescribed by the commission and shall contain at least the following elements and documents: (1) A written narrative that identifies the specific sections of statutes or executive orders and the effective date and register number of regulations alleged to contain a mandate and shall include all of the following: (A) A detailed description of the new activities and costs that arise from the mandate. (B) A detailed description of existing activities and costs that are modified by the mandate. (C) The actual increased costs incurred by the claimant during the fiscal year for which the claim was filed to implement the alleged mandate. (D) The actual or estimated annual costs that will be incurred by the claimant to implement the alleged mandate during the fiscal year immediately following the fiscal year for which the claim was filed. (E) A statewide cost estimate of increased costs that all local agencies or school districts will incur to implement the alleged mandate during the fiscal year immediately following the fiscal year for which the claim was filed. (F) Identification of all of the following: (i) Dedicated state funds appropriated for this program. (ii) Dedicated federal funds appropriated for this program. (iii) Other nonlocal agency funds dedicated for this program. (iv) The local agency’s general purpose funds for this program. (v) Fee authority to offset the costs of this program. (G) Identification of prior mandate determinations made by the Commission on State Mandates or a predecessor agency that may be related to the alleged mandate. (H) Identification of a legislatively determined mandate pursuant to Section 17573 that is on the same statute or executive order. (2) The written narrative shall be supported with declarations under penalty of perjury, based on the declarant’s personal knowledge, information, or belief, and signed by persons who are authorized and competent to do so, as follows: (A) Declarations of actual or estimated increased costs that will be incurred by the claimant to implement the alleged mandate. (B) Declarations identifying all local, state, or federal funds, or fee authority that may be used to offset the increased costs that will be incurred by the claimant to implement the alleged mandate, including direct and indirect costs. (C) Declarations describing new activities performed to implement specified provisions of the new statute or executive order alleged to impose a reimbursable state-mandated program. Specific references shall be made to chapters, articles, sections, or page numbers alleged to impose a reimbursable state-mandated program. (D) If applicable, declarations describing the period of reimbursement and payments received for full reimbursement of costs for a legislatively determined mandate pursuant to Section 17573, and the authority to file a test claim pursuant to paragraph (1) of subdivision (c) of Section 17574. (3) (A) The written narrative shall be supported with copies of all of the following: (i) The test claim statute that includes the bill number or executive order, alleged to impose or impact a mandate. (ii) Relevant portions of state constitutional provisions, federal statutes, and executive orders that may impact the alleged mandate. (iii) Administrative decisions and court decisions cited in the narrative. (B) State mandate determinations made by the Commission on State Mandates or a predecessor agency and published court decisions on state mandate determinations made by the Commission on State Mandates are exempt from this requirement. (4) A test claim shall be signed at the end of the document, under penalty of perjury by the claimant or its authorized representative, with the declaration that the test claim is true and complete to the best of the declarant’s personal knowledge, information, or belief. The date of signing, the declarant’s title, address, telephone number, facsimile machine telephone number, and electronic mail address shall be included. (c) If a completed test claim is not received by the commission within 30 calendar days from the date that an incomplete test claim was returned by the commission, the original test claim filing date may be disallowed, and a new test claim may be accepted on the same statute or executive order. (d) In addition, the commission shall determine whether an incorrect reduction claim is complete within 10 days after the date that the incorrect reduction claim is filed. If the commission determines that an incorrect reduction claim is not complete, the commission shall notify the local agency and school district that filed the claim stating the reasons that the claim is not complete. The local agency or school district shall have 30 days to complete the claim. The commission shall serve a copy of the complete incorrect reduction claim on the Controller. The Controller shall have no more than 90 days after the date the claim is delivered or mailed to file any rebuttal to an incorrect reduction claim. The failure of the Controller to file a rebuttal to an incorrect reduction claim shall not serve to delay the consideration of the claim by the commission. (Amended by Stats. 2007, Ch. 329, Sec. 4. Effective January 1, 2008.) - 17554. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
With all parties’ agreement, the commission may waive procedural requirements, consolidate claims, and shorten time periods.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17554. With the agreement of all parties to the claim, the commission may waive the application of any procedural requirement imposed by this chapter or pursuant to Section 17553. The authority granted by this section includes the consolidation of claims and the shortening of time periods. (Amended by Stats. 2004, Ch. 890, Sec. 13. Effective January 1, 2005.) - 17555. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The commission must notify specified legislative and state offices within 30 days after deciding a test claim and the reimbursement amount.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17555. (a) Not later than 30 days after hearing and deciding upon a test claim pursuant to subdivision (a) of Section 17551, and determining the amount to be subvened to local agencies and school districts for reimbursement pursuant to subdivision (a) of Section 17557, the commission shall notify the appropriate Senate and Assembly policy and fiscal committees, the Legislative Analyst, the Department of Finance, and the Controller of that decision. (b) For purposes of this section, the “appropriate policy committee” means the policy committee that has jurisdiction over the subject matter of the statute, regulation, or executive order, and in which bills relating to that subject matter would have been heard. (Amended by Stats. 2007, Ch. 179, Sec. 13. Effective August 24, 2007.) - 17556. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The commission must not find state-mandated costs in a claim submitted by a local agency or school district if, after a hearing, it finds any listed condition applies.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17556. The commission shall not find costs mandated by the state, as defined in Section 17514, in any claim submitted by a local agency or school district, if, after a hearing, the commission finds any one of the following: (a) The claim is submitted by a local agency or school district that requests or previously requested legislative authority for that local agency or school district to implement the program specified in the statute, and that statute imposes costs upon that local agency or school district requesting the legislative authority. A resolution from the governing body or a letter from a delegated representative of the governing body of a local agency or school district that requests authorization for that local agency or school district to implement a given program shall constitute a request within the meaning of this subdivision. This subdivision applies regardless of whether the resolution from the governing body or a letter from a delegated representative of the governing body was adopted or sent prior to or after the date on which the statute or executive order was enacted or issued. (b) The statute or executive order affirmed for the state a mandate that has been declared existing law or regulation by action of the courts. This subdivision applies regardless of whether the action of the courts occurred prior to or after the date on which the statute or executive order was enacted or issued. (c) The statute or executive order imposes a requirement that is mandated by a federal law or regulation and results in costs mandated by the federal government, unless the statute or executive order mandates costs that exceed the mandate in that federal law or regulation. This subdivision applies regardless of whether the federal law or regulation was enacted or adopted prior to or after the date on which the state statute or executive order was enacted or issued. (d) The local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the mandated program or increased level of service. This subdivision applies regardless of whether the authority to levy charges, fees, or assessments was enacted or adopted prior to or after the date on which the statute or executive order was enacted or issued. (e) The statute, executive order, or an appropriation in a Budget Act or other bill provides for offsetting savings to local agencies or school districts that result in no net costs to the local agencies or school districts, or includes additional revenue that was specifically intended to fund the costs of the state mandate in an amount sufficient to fund the cost of the state mandate. This subdivision applies regardless of whether a statute, executive order, or appropriation in the Budget Act or other bill that either provides for offsetting savings that result in no net costs or provides for additional revenue specifically intended to fund the costs of the state mandate in an amount sufficient to fund the cost of the state mandate was enacted or adopted prior to or after the date on which the statute or executive order was enacted or issued. (f) The statute or executive order imposes duties that are necessary to implement, or are expressly included in, a ballot measure approved by the voters in a statewide or local election. This subdivision applies regardless of whether the statute or executive order was enacted or adopted before or after the date on which the ballot measure was approved by the voters. (g) The statute created a new crime or infraction, eliminated a crime or infraction, or changed the penalty for a crime or infraction, but only for that portion of the statute relating directly to the enforcement of the crime or infraction. (Amended by Stats. 2010, Ch. 719, Sec. 31. (SB 856) Effective October 19, 2010.) - 17557. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The commission must set reimbursement amounts and guidelines for state-mandated costs, and successful test claimants must submit proposed parameters and guidelines within 30 days after a statement of decision.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17557. (a) If the commission determines there are costs mandated by the state pursuant to Section 17551, it shall determine the amount to be subvened to local agencies and school districts for reimbursement. In so doing it shall adopt parameters and guidelines for reimbursement of any claims relating to the statute or executive order. The successful test claimants shall submit proposed parameters and guidelines within 30 days of adoption of a statement of decision on a test claim. The proposed parameters and guidelines may include proposed reimbursable activities that are reasonably necessary for the performance of the state-mandated program. At the request of a successful test claimant, the commission may provide for one or more extensions of this 30-day period at any time prior to its adoption of the parameters and guidelines. If proposed parameters and guidelines are not submitted within the 30-day period and the commission has not granted an extension, then the commission shall notify the test claimant that the amount of reimbursement the test claimant is entitled to for the first 12 months of incurred costs will be reduced by 20 percent, unless the test claimant can demonstrate to the commission why an extension of the 30-day period is justified. (b) In adopting parameters and guidelines, the commission may adopt a reasonable reimbursement methodology. (c) The parameters and guidelines adopted by the commission shall specify the fiscal years for which local agencies and school districts shall be reimbursed for costs incurred. However, the commission shall not specify in the parameters and guidelines any fiscal year for which payment could be provided in the annual Budget Act. (d) (1) A local agency, school district, or the state may file a written request with the commission to amend the parameters or guidelines. The commission may, after public notice and hearing, amend the parameters and guidelines. A parameters and guidelines amendment submitted within 90 days of the claiming deadline for initial claims, as specified in the claiming instructions pursuant to Section 17561, shall apply to all years eligible for reimbursement as defined in the original parameters and guidelines. A parameters and guidelines amendment filed more than 90 days after the claiming deadline for initial claims, as specified in the claiming instructions pursuant to Section 17561, and on or before the claiming deadline following a fiscal year, shall establish reimbursement eligibility for that fiscal year. (2) For purposes of this subdivision, the request to amend parameters and guidelines may be filed to make any of the following changes to parameters and guidelines, consistent with the statement of decision: (A) Delete any reimbursable activity that has been repealed by statute or executive order after the adoption of the original or last amended parameters and guidelines. (B) Update offsetting revenues and offsetting savings that apply to the mandated program and do not require a new legal finding that there are no costs mandated by the state pursuant to subdivision (e) of Section 17556. (C) Include a reasonable reimbursement methodology for all or some of the reimbursable activities. (D) Clarify what constitutes reimbursable activities. (E) Add new reimbursable activities that are reasonably necessary for the performance of the state-mandated program. (F) Define what activities are not reimbursable. (G) Consolidate the parameters and guidelines for two or more programs. (H) Amend the boilerplate language. For purposes of this section, “boilerplate language” means the language in the parameters and guidelines that is not unique to the state-mandated program that is the subject of the parameters and guidelines. Any amendment that does not increase or decrease reimbursable costs shall limit the eligible filing period commencing with the fiscal year in which the amended parameters and guidelines were adopted. (e) A test claim shall be submitted on or before June 30 following a fiscal year in order to establish eligibility for reimbursement for that fiscal year. The claimant may thereafter amend the test claim at any time, but before the test claim is set for a hearing, without affecting the original filing date as long as the amendment substantially relates to the original test claim. (f) In adopting parameters and guidelines, the commission shall consult with the Department of Finance, the affected state agency, the Controller, the fiscal and policy committees of the Assembly and Senate, the Legislative Analyst, and the claimants to consider a reasonable reimbursement methodology that balances accuracy with simplicity. (Amended by Stats. 2011, Ch. 144, Sec. 1. (SB 112) Effective January 1, 2012.) - 17557.1. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section lets the test claimant and the Department of Finance start a written process with the commission’s executive director to develop a reimbursement methodology and statewide cost estimate, and it sets deadlines for notices and drafts.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17557.1. (a) Notwithstanding any other provision of this part, within 30 days of the commission’s adoption of a statement of decision on a test claim, the test claimant and the Department of Finance may notify the executive director of the commission in writing of their intent to follow the process described in this section to develop a reasonable reimbursement methodology and statewide estimate of costs for the initial claiming period and budget year for reimbursement of costs mandated by the state in accordance with the statement of decision. The letter of intent shall include the date on which the test claimant and the Department of Finance will submit a plan to ensure that costs from a representative sample of eligible local agency or school district claimants are considered in the development of a reasonable reimbursement methodology. (b) This plan shall also include all of the following information: (1) The date on which the test claimant and Department of Finance will provide to the executive director an informational update regarding their progress in developing the reasonable reimbursement methodology. (2) The date on which the test claimant and Department of Finance will submit to the executive director the draft reasonable reimbursement methodology and proposed statewide estimate of costs for the initial claiming period and budget year. This date shall be no later than 180 days after the date the letter of intent is sent by the test claimant and Department of Finance to the executive director. (c) At the request of the test claimant and Department of Finance, the executive director may provide for up to four extensions of this 180-day period. (d) The test claimant or Department of Finance may notify the executive director at any time that the claimant or Department of Finance no longer intends to develop a reasonable reimbursement methodology pursuant to this section. In this case, paragraph (2) of subdivision (a) of Section 17553 and Section 17557 shall apply to the test claim. Upon receipt of this notification, the executive director shall notify the test claimant of the duty to submit proposed parameters and guidelines within 30 days under subdivision (a) of Section 17557. (Added by Stats. 2007, Ch. 329, Sec. 5. Effective January 1, 2008.) - 17557.2. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The test claimant and Department of Finance must submit a joint proposal to the commission at least 60 days before a commission hearing, and the commission must approve qualifying proposals and related early-termination requests.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17557.2. (a) A reasonable reimbursement methodology developed pursuant to Section 17557.1 or a joint request for early termination of a reasonable reimbursement methodology shall have broad support from a wide range of local agencies or school districts. The test claimant and Department of Finance may demonstrate broad support from a wide range of local agencies or school districts in different ways, including, but not limited to, obtaining endorsement by one or more statewide associations of local agencies or school districts and securing letters of approval from local agencies or school districts. (b) No later than 60 days before a commission hearing, the test claimant and Department of Finance shall submit to the commission a joint proposal that shall include all of the following: (1) The draft reasonable reimbursement methodology. (2) The proposed statewide estimate of costs for the initial claiming period and budget year. (3) A description of the steps the test claimant and the Department of Finance undertook to determine the level of support by local agencies or school districts for the draft reasonable reimbursement methodology. (4) An agreement that the reasonable reimbursement methodology developed and approved under this section shall be in effect for a period of five years unless a different term is approved by the commission, or upon submission to the commission of a letter indicating the Department of Finance and test claimant’s joint interest in early termination of the reasonable reimbursement methodology. (5) An agreement that, at the conclusion of the period established in paragraph (4), the Department of Finance and the test claimant will consider jointly whether amendments to the methodology are necessary. (c) The commission shall approve the draft reasonable reimbursement methodology if review of the information submitted pursuant to Section 17557.1 and subdivision (b) of this section demonstrates that the draft reasonable reimbursement methodology and statewide estimate of costs for the initial claiming period and budget year have been developed in accordance with Section 17557.1 and meet the requirements of subdivision (a). The commission thereafter shall adopt the proposed statewide estimate of costs for the initial claiming period and budget year. Statewide cost estimates adopted under this section shall be included in the report to the Legislature required under Section 17600 and shall be reported by the commission to the appropriate Senate and Assembly policy and fiscal committees, the Legislative Analyst, and the Department of Finance not later than 30 days after adoption. (d) Unless amendments are proposed pursuant to this subdivision, the reasonable reimbursement methodology approved by the commission pursuant to this section shall expire after either five years, any other term approved by the commission, or upon submission to the commission of a letter indicating the Department of Finance’s and test claimant’s joint interest in early termination of the reasonable reimbursement methodology. (e) The commission shall approve a joint request for early termination of a reasonable reimbursement methodology if the request meets the requirements of subdivision (a). If the commission approves a joint request for early termination, the commission shall notify the test claimant of the duty to submit proposed parameters and guidelines to the commission pursuant to subdivision (a) of Section 17557. (f) At least one year before the expiration of a reasonable reimbursement methodology, the commission shall notify the Department of Finance and the test claimant that they may do one of the following: (1) Jointly propose amendments to the reasonable reimbursement methodology by submitting the information described in paragraphs (1), (3), and (4) of subdivision (b), and providing an estimate of the mandate’s annual cost for the subsequent budget year. (2) Jointly propose that the reasonable reimbursement methodology remain in effect. (3) Allow the reasonable reimbursement methodology to expire and notify the commission that the test claimant will submit proposed parameters and guidelines to the commission pursuant to subdivision (a) of Section 17557 to replace the reasonable reimbursement methodology. (g) The commission shall either approve the continuation of the reasonable reimbursement methodology or approve the jointly proposed amendments to the reasonable reimbursement methodology if the information submitted in accordance with paragraph (1) of subdivision (d) demonstrates that the proposed amendments were developed in accordance with Section 17557.1 and meet the requirements of subdivision (a) of this section. (Added by Stats. 2007, Ch. 329, Sec. 6. Effective January 1, 2008.) - 17558. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The Controller must issue claiming instructions for reimbursable mandates within 90 days after receiving the specified materials or notice, and must update them within 90 days when revised materials or other information require it.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17558. (a) The commission shall submit the adopted parameters and guidelines or a reasonable reimbursement methodology approved pursuant to Section 17557.2 to the Controller. As used in this chapter, a “reasonable reimbursement methodology” approved pursuant to Section 17557.2 includes all amendments to the reasonable reimbursement methodology. When the Legislature declares a legislatively determined mandate in accordance with Section 17573 in which claiming instructions are necessary, the Department of Finance shall notify the Controller. (b) Not later than 90 days after receiving the adopted parameters and guidelines, a reasonable reimbursement methodology from the commission, or notification from the Department of Finance, the Controller shall issue claiming instructions for each mandate that requires state reimbursement, to assist local agencies and school districts in claiming costs to be reimbursed. In preparing claiming instructions, the Controller shall request assistance from the Department of Finance and may request the assistance of other state agencies. The claiming instructions shall be derived from the test claim decision and the adopted parameters and guidelines, reasonable reimbursement methodology, or statute declaring a legislatively determined mandate. (c) The Controller shall, within 90 days after receiving amended parameters and guidelines, an amended reasonable reimbursement methodology from the commission or other information necessitating a revision of the claiming instructions, prepare and issue revised claiming instructions for mandates that require state reimbursement that have been established by commission action pursuant to Section 17557, Section 17557.2, or after any decision or order of the commission pursuant to Section 17559, or after any action by the Legislature pursuant to Section 17573. In preparing revised claiming instructions, the Controller may request the assistance of other state agencies. (Amended by Stats. 2011, Ch. 144, Sec. 2. (SB 112) Effective January 1, 2012.) - 17558.5. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The Controller has deadlines and authority for auditing reimbursement claims, may do a field review before reimbursement, must give written notice of audit-based adjustments within 30 days, and charges interest on reduced claims at the Pooled Money Investment Account rate.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17558.5. (a) A reimbursement claim for actual costs filed by a local agency or school district pursuant to this chapter is subject to the initiation of an audit by the Controller no later than three years after the date that the actual reimbursement claim is filed or last amended, whichever is later. However, if no funds are appropriated or no payment is made to a claimant for the program for the fiscal year for which the claim is filed, the time for the Controller to initiate an audit shall commence to run from the date of initial payment of the claim. In any case, an audit shall be completed not later than two years after the date that the audit is commenced. (b) The Controller may conduct a field review of any claim after the claim has been submitted, prior to the reimbursement of the claim. (c) The Controller shall notify the claimant in writing within 30 days after issuance of a remittance advice of any adjustment to a claim for reimbursement that results from an audit or review. The notification shall specify the claim components adjusted, the amounts adjusted, interest charges on claims adjusted to reduce the overall reimbursement to the local agency or school district, and the reason for the adjustment. Remittance advices and other notices of payment action shall not constitute notice of adjustment from an audit or review. (d) The interest rate charged by the Controller on reduced claims shall be set at the Pooled Money Investment Account rate and shall be imposed on the dollar amount of the overpaid claim from the time the claim was paid until overpayment is satisfied. (e) Nothing in this section shall be construed to limit the adjustment of payments when inaccuracies are determined to be the result of the intent to defraud, or when a delay in the completion of an audit is the result of willful acts by the claimant or inability to reach agreement on terms of final settlement. (Amended by Stats. 2004, Ch. 890, Sec. 18. Effective January 1, 2005.) - 17558.6. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The Legislature says the Commission on State Mandates should review how local agencies can appeal reductions in reimbursement claims so the process is faster and less costly.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17558.6. It is the intent of the Legislature that the Commission on State Mandates review its process by which local agencies may appeal the reduction of reimbursement claims on the basis that the reduction is incorrect in order to provide for a more expeditious and less costly process. (Added by Stats. 1998, Ch. 681, Sec. 3. Effective September 22, 1998.) - 17558.7. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
If a claim approved by the commission is reduced by the Controller, the claimant may file an incorrect reduction claim. The section also allows certain claimants to file and join consolidated incorrect reduction claims, with notice and deadline 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17558.7. (a) If the Controller reduces a claim approved by the commission, the claimant may file with the commission an incorrect reduction claim pursuant to regulations adopted by the commission. (b) A claimant eligible to file an incorrect reduction claim may file a consolidated incorrect reduction claim on behalf of other claimants whose claims for reimbursement under the same mandate are alleged to have been incorrectly reduced if all of the following apply: (1) The method, act, or practice that the claimant alleges led to the reduction has led to similar reductions of other parties’ claims, and all of the claims involve common questions of law or fact. (2) The common questions of law or fact among the claims predominate over any matter affecting only an individual claim. (3) The consolidation of similar claims by individual claimants would result in consistent decisionmaking by the commission. (4) The claimant filing the consolidated claim would fairly and adequately protect the interests of the other claimants. (c) A claimant that seeks to file a consolidated incorrect reduction claim shall, at the time it files an incorrect reduction claim, on a form provided by the commission, notify the commission of its intent to file a consolidated incorrect reduction claim. (d) Within 10 days after receipt of an incorrect reduction claim and notice of intent to consolidate, the commission shall request that the Controller provide the commission and the claimant with a list of claimants for whom the Controller has reduced similar claims under the same mandate. Upon receipt of this list from the Controller, the claimant may notify the claimants on the list and other interested parties of its intent to file a consolidated incorrect reduction claim. (e) Within 30 days of receipt of the notice of intent to consolidate from the original claimant, on a form provided by the commission, any other eligible claimant shall file with the commission its notice of intent to join the consolidated incorrect reduction claim, which shall include a copy of the remittance advice or other notice from the Controller of the claim reduction, and one copy of the reimbursement claims for which an incorrect reduction is alleged. (f) The commission shall notify each claimant that files an intent to join the consolidated incorrect reduction claim that it may opt out of the consolidated claim and not be bound by any determination made on that consolidated claim. A claimant may opt out of a consolidated claim no later than 15 days after the state agency files comments on the consolidated claim. A claimant that opts out of the consolidated claim, in order to preserve its right to challenge a reduction made by the Controller on that same mandate, shall file an individual incorrect reduction claim pursuant to commission requirements, no later than one year after opting out or within the statute of limitations under the commission’s regulations. (g) The commission shall adopt regulations establishing procedures for receiving a consolidated incorrect reduction claim pursuant to this section and for providing a hearing on a consolidated claim. (Added by Stats. 2006, Ch. 168, Sec. 1. Effective January 1, 2007.) - 17558.8. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The commission may consolidate certain incorrect reduction claims on its own initiative, and it must adopt regulations for that process and for hearings on consolidated claims.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17558.8. (a) The commission may, on its own initiative, consolidate incorrect reduction claims filed with the commission by different claimants under the same mandate if all of the following apply: (1) The same method, act, or practice is alleged to have led to the reduction in each claim, and all of the claims involve common questions of law or fact. (2) The common questions of law or fact among the claims predominate over any matter affecting only an individual claim. (3) The consolidation of similar claims by individual claimants would result in consistent decisionmaking by the commission. (b) The commission shall adopt regulations establishing procedures for consolidation of incorrect reduction claims pursuant to this section and for providing a hearing on a consolidated claim. (Amended by Stats. 2007, Ch. 130, Sec. 119. Effective January 1, 2008.) - 17559. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The commission may reconsider certain claims on a party’s petition, but that power expires 30 days after the statement of decision is delivered or mailed unless the commission grants a limited stay. Claimants or the state may also go to court to challenge a commission decision for lack of substantial evidence.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17559. (a) The commission may order a reconsideration of all or part of a test claim or incorrect reduction claim on petition of any party. The power to order a reconsideration or amend a test claim decision shall expire 30 days after the statement of decision is delivered or mailed to the claimant. If additional time is needed to evaluate a petition for reconsideration filed prior to the expiration of the 30-day period, the commission may grant a stay of that expiration for no more than 30 days, solely for the purpose of considering the petition. If no action is taken on a petition within the time allowed for ordering reconsideration, the petition shall be deemed denied. (b) A claimant or the state may commence a proceeding in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure to set aside a decision of the commission on the ground that the commission’s decision is not supported by substantial evidence. The court may order the commission to hold another hearing regarding the claim and may direct the commission on what basis the claim is to receive a rehearing. (Amended by Stats. 1999, Ch. 643, Sec. 4. Effective January 1, 2000.) - 17560. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
Local agencies and school districts may claim reimbursement for state-mandated costs by filing an annual claim, generally by February 15 after the fiscal year ends.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17560. Reimbursement for state-mandated costs may be claimed as follows: (a) A local agency or school district may, by February 15 following the fiscal year in which costs are incurred, file an annual reimbursement claim that details the costs actually incurred for that fiscal year. (b) In the event revised claiming instructions are issued by the Controller pursuant to subdivision (c) of Section 17558 between November 15 and February 15, a local agency or school district filing an annual reimbursement claim shall have 120 days following the issuance date of the revised claiming instructions to file a claim. (Amended by Stats. 2008, 3rd Ex. Sess., Ch. 6, Sec. 3. Effective February 16, 2008.) - 17561. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The state must reimburse local agencies and school districts for state-mandated costs, and the Controller must process, pay, and sometimes audit reimbursement claims under specific timing 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17561. (a) The state shall reimburse each local agency and school district for all “costs mandated by the state,” as defined in Section 17514 and for legislatively determined mandates in accordance with Section 17573. (b) (1) For the initial fiscal year during which these costs are incurred, reimbursement funds shall be provided as follows: (A) Any statute mandating these costs shall provide an appropriation therefor. (B) Any executive order mandating these costs shall be accompanied by a bill appropriating the funds therefor, or alternatively, an appropriation for these costs shall be included in the Budget Bill for the next succeeding fiscal year. The executive order shall cite that item of appropriation in the Budget Bill or that appropriation in any other bill that is intended to serve as the source from which the Controller may pay the claims of local agencies and school districts. (2) In subsequent fiscal years appropriations for these costs shall be included in the annual Governor’s Budget and in the accompanying Budget Bill. In addition, appropriations to reimburse local agencies and school districts for continuing costs resulting from chaptered bills or executive orders for which claims have been awarded pursuant to subdivision (a) of Section 17551 shall be included in the annual Governor’s Budget and in the accompanying Budget Bill. (c) The amount appropriated to reimburse local agencies and school districts for costs mandated by the state shall be appropriated to the Controller for disbursement. (d) The Controller shall pay any eligible claim pursuant to this section by October 15 or 60 days after the date the appropriation for the claim is effective, whichever is later. The Controller shall disburse reimbursement funds to local agencies or school districts if the costs of these mandates are not payable to state agencies, or to state agencies that would otherwise collect the costs of these mandates from local agencies or school districts in the form of fees, premiums, or payments. When disbursing reimbursement funds to local agencies or school districts, the Controller shall disburse them as follows: (1) For initial reimbursement claims, the Controller shall issue claiming instructions to the relevant local agencies and school districts pursuant to Section 17558. Issuance of the claiming instructions shall constitute a notice of the right of the local agencies and school districts to file reimbursement claims, based upon parameters and guidelines adopted by the commission, the reasonable reimbursement methodology approved by the commission pursuant to Section 17557.2, or statutory declaration of a legislatively determined mandate and reimbursement methodology pursuant to Section 17573. (A) When claiming instructions are issued by the Controller pursuant to Section 17558 for each mandate determined pursuant to Section 17551 or 17573 that requires state reimbursement, each local agency or school district to which the mandate is applicable shall submit claims for initial fiscal year costs to the Controller within 120 days of the issuance date for the claiming instructions. (B) When the commission is requested to review the claiming instructions pursuant to Section 17571, each local agency or school district to which the mandate is applicable shall submit a claim for reimbursement within 120 days after the commission reviews the claiming instructions for reimbursement issued by the Controller. (C) If the local agency or school district does not submit a claim for reimbursement within the 120-day period, or submits a claim pursuant to revised claiming instructions, it may submit its claim for reimbursement as specified in Section 17560. The Controller shall pay these claims from the funds appropriated therefor, except the Controller may take either of the following actions: (i) Audit the records of any local agency or school district to verify the actual amount of the mandated costs, the application of a reasonable reimbursement methodology, or application of a legislatively enacted reimbursement methodology under Section 17573. (ii) Reduce any claim that the Controller determines is excessive or unreasonable. (2) In subsequent fiscal years each local agency or school district shall submit its claims as specified in Section 17560. The Controller shall pay these claims from funds appropriated therefor except as follows: (A) The Controller may audit any of the following: (i) Records of any local agency or school district to verify the actual amount of the mandated costs. (ii) The application of a reasonable reimbursement methodology. (iii) The application of a legislatively enacted reimbursement methodology under Section 17573. (B) The Controller may reduce any claim that the Controller determines is excessive or unreasonable. (C) The Controller shall adjust the payment to correct for any underpayments or overpayments that occurred in previous fiscal years. (3) When paying a timely filed claim for initial reimbursement, the Controller shall withhold 20 percent of the amount of the claim until the claim is audited to verify the actual amount of the mandated costs. All initial reimbursement claims for all fiscal years required to be filed on their initial filing date for a state-mandated local program shall be considered as one claim for the purpose of computing any late claim penalty. Any claim for initial reimbursement filed after the filing deadline shall be reduced by 10 percent of the amount that would have been allowed had the claim been timely filed. The Controller may withhold payment of any late claim for initial reimbursement until the next deadline for funded claims unless sufficient funds are available to pay the claim after all timely filed claims have been paid. In no case may a reimbursement claim be paid if submitted more than one year after the filing deadline specified in the Controller’s claiming instructions on funded mandates. (e) (1) Except as specified in paragraph (2), for the purposes of determining the state’s payment obligation under paragraph (1) of subdivision (b) of Section 6 of Article XIII B of the Constitution, a mandate that is “determined in a preceding fiscal year to be payable by the state” means any mandate for which the commission adopted a statewide cost estimate pursuant to this part during a previous fiscal year or that were identified as mandates by a predecessor agency to the commission, or that the Legislature declared by statute to be a legislatively determined mandate, unless the mandate has been repealed or otherwise eliminated. (2) If the commission adopts a statewide cost estimate for a mandate during the months of April, May, or June, the state’s payment obligation under subdivision (b) of Section 6 of Article XIII B shall commence one year after the time specified in paragraph (1). (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 4, Sec. 4. Effective February 20, 2009.) - 17561.5. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The Controller must add interest to certain reimbursement claim payments when the timing 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17561.5. The payment of an initial reimbursement claim by the Controller shall include accrued interest at the Pooled Money Investment Account rate, if the payment is being made more than 365 days after adoption of the statewide cost estimate for an initial claim. Interest shall begin to accrue as of the 366th day after adoption of the statewide cost estimate for the initial claim. Payment of a subsequent claim that was reported to the Legislature pursuant to paragraph (2) of subdivision (b) of Section 17562 shall include accrued interest at the Pooled Money Investment Account rate for any unpaid amount remaining on August 15 following the filing deadline. Interest shall begin to accrue on August 16 following the filing deadline. (Amended by Stats. 2007, Ch. 179, Sec. 17. Effective August 24, 2007.) - 17561.6. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
A budget act item or appropriation for reimbursing claims must also include enough money to cover any interest due under Section 17561.5.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17561.6. A budget act item or appropriation pursuant to this part for reimbursement of claims shall include an amount necessary to reimburse any interest due pursuant to Section 17561.5. (Amended by Stats. 2004, Ch. 890, Sec. 21. Effective January 1, 2005.) - 17562. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section requires the Controller and the Legislative Analyst to produce specified reports on state-mandated local program costs, claims, and mandate recommendations, and allows certain legislative and local-government actors to submit proposal and review materials.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17562. (a) The Legislature hereby finds and declares that the increasing revenue constraints on state and local government and the increasing costs of financing state-mandated local programs make evaluation of state-mandated local programs imperative. Accordingly, it is the intent of the Legislature to increase information regarding state mandates and establish a method for regularly reviewing the costs and benefits of state-mandated local programs. (b) (1) The Controller shall submit a report to the Joint Legislative Budget Committee and fiscal committees by October 31 of each fiscal year beginning with the 2007–08 fiscal year. This report shall summarize, by state mandate, the total amount of claims paid per fiscal year and the amount, if any, of mandate deficiencies or surpluses. This report shall be made available in an electronic spreadsheet format. (2) The Controller shall submit a report to the Joint Legislative Budget Committee, the applicable fiscal committees, and the Director of Finance by April 30 of each fiscal year. This report shall summarize, by state mandate, the total amount of unpaid claims by fiscal year that were submitted before April 1 of that fiscal year. The report shall also summarize any mandate deficiencies or surpluses. It shall be made available in an electronic spreadsheet, and shall be used for the purpose of determining the state’s payment obligation under paragraph (1) of subdivision (b) of Section 6 of Article XIII B of the California Constitution. (c) After the commission submits its second semiannual report to the Legislature pursuant to Section 17600, the Legislative Analyst shall submit a report to the Joint Legislative Budget Committee and legislative fiscal committees on the mandates included in the commission’s reports. The report shall make recommendations as to whether the mandate should be repealed, funded, suspended, or modified. (d) In its annual analysis of the Budget Bill and based on information provided pursuant to subdivision (b), the Legislative Analyst shall report total annual state costs for mandated programs and, as appropriate, provide an analysis of specific mandates and make recommendations on whether the mandate should be repealed, funded, suspended, or modified. (e) (1) A statewide association of local agencies or school districts or a Member of the Legislature may submit a proposal to the Legislature recommending the elimination or modification of a state-mandated local program. To make such a proposal, the association or member shall submit a letter to the Chairs of the Assembly Committee on Education or the Assembly Committee on Local Government, as the case may be, and the Senate Committee on Education or the Senate Committee on Local Government, as the case may be, specifying the mandate and the concerns and recommendations regarding the mandate. The association or member shall include in the proposal all information relevant to the conclusions. If the chairs of the committees desire additional analysis of the submitted proposal, the chairs may refer the proposal to the Legislative Analyst for review and comment. The chairs of the committees may refer up to a total of 10 of these proposals to the Legislative Analyst for review in any year. Referrals shall be submitted to the Legislative Analyst by December 1 of each year. (2) The Legislative Analyst shall review and report to the Legislature with regard to each proposal that is referred to the office pursuant to paragraph (1). The Legislative Analyst shall recommend that the Legislature adopt, reject, or modify the proposal. The report and recommendations shall be submitted annually to the Legislature by March 1 of the year subsequent to the year in which referrals are submitted to the Legislative Analyst. (f) It is the intent of the Legislature that the Assembly Committee on Local Government and the Senate Committee on Local Government hold a joint hearing each year regarding the following: (1) The reports and recommendations submitted pursuant to subdivision (e). (2) The reports submitted pursuant to Sections 17570, 17600, and 17601. (3) Legislation to continue, eliminate, or modify any provision of law reviewed pursuant to this subdivision. The legislation may be by subject area or by year or years of enactment. (Amended by Stats. 2012, Ch. 728, Sec. 72. (SB 71) Effective January 1, 2013.) - 17563. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
Local agencies and school districts may use funds received under this chapter for any public purpose.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17563. Any funds received by a local agency or school district pursuant to the provisions of this chapter may be used for any public purpose. (Added by Stats. 1986, Ch. 879, Sec. 8.) - 17564. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
Claims under the cited sections generally cannot be made or paid unless they exceed $1,000, with a combined-claim exception for counties or county superintendents acting for districts.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17564. (a) No claim shall be made pursuant to Sections 17551, 17561, or 17573, nor shall any payment be made on claims submitted pursuant to Sections 17551 or 17561, or pursuant to a legislative determination under Section 17573, unless these claims exceed one thousand dollars ($1,000). However, a county superintendent of schools or county may submit a combined claim on behalf of school districts, direct service districts, or special districts within their county if the combined claim exceeds one thousand dollars ($1,000) even if the individual school district’s, direct service district’s, or special district’s claims do not each exceed one thousand dollars ($1,000). The county superintendent of schools or the county shall determine if the submission of the combined claim is economically feasible and shall be responsible for disbursing the funds to each school, direct service, or special district. These combined claims may be filed only when the county superintendent of schools or the county is the fiscal agent for the districts. All subsequent claims based upon the same mandate shall only be filed in the combined form unless a school district, direct service district, or special district provides to the county superintendent of schools or county and to the Controller, at least 180 days prior to the deadline for filing the claim, a written notice of its intent to file a separate claim. (b) Claims for direct and indirect costs filed pursuant to Section 17561 shall be filed in the manner prescribed in the parameters and guidelines or reasonable reimbursement methodology and claiming instructions. (c) Claims for direct and indirect costs filed pursuant to a legislatively determined mandate pursuant to Section 17573 shall be filed and paid in the manner prescribed in the Budget Act or other bill, or claiming instructions, if applicable. (Amended by Stats. 2007, Ch. 329, Sec. 9. Effective January 1, 2008.) - 17565. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
If a local agency or school district incurs costs that are later mandated by the state, the state must reimburse those costs after the mandate takes effect.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17565. If a local agency or a school district, at its option, has been incurring costs which are subsequently mandated by the state, the state shall reimburse the local agency or school district for those costs incurred after the operative date of the mandate. (Added by Stats. 1986, Ch. 879, Sec. 10.) - 17567. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
If reimbursement funds are not enough to pay all approved claims, the Controller must prorate them. The Controller must also adjust prorated claims if supplemental funds are later appropriated, and if a program has $1,000 or less appropriated, the Controller must choose the most cost-effective allocation method.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17567. In the event that the amount appropriated for reimbursement purposes pursuant to Section 17561 is not sufficient to pay all of the claims approved by the Controller, the Controller shall prorate claims in proportion to the dollar amount of approved claims timely filed and on hand at the time of proration. The Controller shall adjust prorated claims if supplementary funds are appropriated for this purpose. Notwithstanding any other law, if one thousand dollars ($1,000) or less is appropriated for a program, the Controller shall determine the most cost-effective allocation method. (Amended by Stats. 2013, Ch. 77, Sec. 1. (AB 392) Effective January 1, 2014.) - 17568. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
Late reimbursement claims must be reduced by 10%, capped at $10,000, and claims filed more than one year after the Section 17560 deadline cannot be paid.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17568. If a local agency or school district submits an otherwise valid reimbursement claim to the Controller after the deadline specified in Section 17560, the Controller shall reduce the reimbursement claim in an amount equal to 10 percent of the amount that would have been allowed had the reimbursement claim been timely filed, provided that the amount of this reduction shall not exceed ten thousand dollars ($10,000). In no case shall a reimbursement claim be paid that is submitted more than one year after the deadline specified in Section 17560. (Amended by Stats. 2008, 3rd Ex. Sess., Ch. 6, Sec. 4. Effective February 16, 2008.) - 17570. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section sets the process for requesting and deciding whether a new test claim decision may replace an earlier one, including filing rules, hearing steps, notice duties, and related regulatory procedures.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17570. (a) For purposes of this section the following definitions shall apply: (1) “Mandates law” means published court decisions arising from state mandate determinations by the State Board of Control or the Commission on State Mandates, or that address this part or Section 6 of Article XIII B of the California Constitution. “Mandates law” also includes statutory amendments to this part and amendments to Section 6 of Article XIII B of the California Constitution. (2) “Subsequent change in law” is a change in law that requires a finding that an incurred cost is a cost mandated by the state, as defined by Section 17514, or is not a cost mandated by the state pursuant to Section 17556, or a change in mandates law, except that a “subsequent change in law” does not include the amendments to Section 6 of Article XIII B of the California Constitution that were approved by the voters on November 2, 2004. A “subsequent change in law” also does not include a change in the statutes or executive orders that impose new state-mandated activities and require a finding pursuant to subdivision (a) of Section 17551. (3) “Test claim decision” means a decision of the Commission on State Mandates on a test claim filed pursuant to Section 17551 or a decision of the State Board of Control on a claim for state reimbursement filed pursuant to Article 1 (commencing with Section 2201), Article 2 (commencing with Section 2227), and Article 3 (commencing with Section 2240) of Chapter 3 of Part 4 of Division 1 of the Revenue and Taxation Code prior to January 1, 1985. (b) The commission may adopt a new test claim decision to supersede a previously adopted test claim decision only upon a showing that the state’s liability for that test claim decision pursuant to subdivision (a) of Section 6 of Article XIII B of the California Constitution has been modified based on a subsequent change in law. (c) A local agency or school district, statewide association of local agencies or school districts, or the Department of Finance, the Controller, or other affected state agency may file a request with the commission to adopt a new test claim decision pursuant to this section. (d) The commission shall adopt procedures for receiving requests to adopt a new test claim decision pursuant to this section and for providing notice and a hearing on those requests. The procedures shall do all of the following: (1) Specify that all requests for adoption of a new test claim decision shall be filed on a form prescribed by the commission that shall contain at least the following elements and documents: (A) The name, case number, and adoption date of the prior test claim decision. (B) A detailed analysis of how and why the state’s liability for mandate reimbursement has been modified pursuant to subdivision (a) of Section 6 of Article XIII B of the California Constitution based on a subsequent change in law. (C) The actual or estimated amount of the annual statewide change in the state’s liability for mandate reimbursement pursuant to subdivision (a) of Section 6 of Article XIII B of the California Constitution based on a subsequent change in law. (D) Identification of all of the following, if relevant: (i) Dedicated state funds appropriated for the program. (ii) Dedicated federal funds appropriated for the program. (iii) Fee authority to offset the costs of the program. (iv) Federal law. (v) Court decisions. (vi) State or local ballot measures and the corresponding date of the election. (E) All assertions of fact shall be supported with declarations made under penalty of perjury, based on the declarant’s personal knowledge, information, or belief, and be signed by persons who are authorized and competent to do so, including, but not limited to, the following: (i) Declarations of actual or estimated annual statewide costs that will or will not be incurred to implement the alleged mandate. (ii) Declarations identifying all local, state, or federal funds, or fee authority that may or may not be used to offset the increased costs that will or will not be incurred by claimants to implement the alleged mandate or result in a finding of no costs mandated by the state pursuant to Section 17556. (iii) Declarations describing new activities performed to implement specific provisions of the test claim statute or executive order alleged to impose a reimbursable state-mandated program. (F) Specific references shall be made to chapters, articles, sections, or page numbers that are alleged to impose or not impose a reimbursable state-mandated program. (2) Require that a request for the adoption of a new test claim decision be signed at the end of the document, under penalty of perjury, by the requester or its authorized representative, along with a declaration that the request is true and complete to the best of the declarant’s personal knowledge, information, or belief. The procedures shall also require that the date of signing, the declarant’s title, address, telephone number, facsimile machine telephone number, and electronic mail address be included. (3) Provide that the commission shall return a submitted request that is incomplete to the requester and allow the requester to remedy the deficiencies. The procedures shall also provide that the commission may disallow the original filing if a complete request is not received by the commission within 30 calendar days from the date that the incomplete request was returned to the requester. (4) Establish a two-step hearing process to consider requests for adoption of a new test claim decision pursuant to this section. As the first step, the commission shall conduct a hearing to determine if the requester has made a showing that the state’s liability pursuant to subdivision (a) of Section 6 of Article XIII B of the California Constitution has been modified based on a subsequent change in law. If the commission determines that the requester has made this showing, then pursuant to the commission’s authority in subdivision (b) of this section, the commission shall notice the request for a hearing to determine if a new test claim decision shall be adopted to supersede the previously adopted test claim decision. (5) Provide for presentation of evidence and legal argument at the hearings by the requester, interested parties, the Department of Finance, the Controller, any other affected state agency, and interested persons. (6) Permit a hearing to be postponed at the request of any party, without prejudice, until the next scheduled hearing. (e) To implement the procedures described in subdivision (d), the commission shall initially adopt regulations as emergency regulations and, for purposes of Section 11349.6, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding subdivision (e) of Section 11346.1, the regulations shall be repealed within 180 days after their effective date, unless the commission complies with Chapter 3.5 (commencing with Section 11340) of Part 1 as provided in subdivision (e) of Section 11346.1. (f) A request for adoption of a new test claim decision shall be filed on or before June 30 following a fiscal year in order to establish eligibility for reimbursement or loss of reimbursement for that fiscal year. (g) The commission shall notify interested parties, the Controller, the Department of Finance, affected state agencies, and the Legislative Analyst of any complete request for the adoption of a new test claim decision that the commission receives. (h) If the commission determines that the requester has made a showing that the state’s liability pursuant to subdivision (a) of Section 6 of Article XIII B of the California Constitution has been modified based on a subsequent change in law, and the commission notices the request for a hearing to determine whether a new test claim decision shall be adopted that supersedes a prior test claim decision, the Controller shall notify eligible claimants that the request has been filed with the commission and that the original test claim decision may be superseded by a new decision adopted by the commission. The notification may be included in the next set of claiming instructions issued to eligible claimants. (i) If the commission adopts a new test claim decision that supersedes the previously adopted test claim decision, the commission shall adopt new parameters and guidelines or amend existing parameters and guidelines or reasonable reimbursement methodology pursuant to Sections 17557, 17557.1, and 17557.2. (j) Any new parameters and guidelines adopted or amendments made to existing parameters and guidelines or a reasonable reimbursement methodology shall conform to the new test claim decision adopted by the commission. (k) The Controller shall follow the procedures in Sections 17558, 17558.5, 17560, 17561, and 17561.5, as applicable, for a new test claim decision adopted by the commission pursuant to this section. (l) If the commission adopts a new test claim decision that will result in reimbursement pursuant to Section 6 of Article XIII B of the California Constitution because a cost is a cost mandated by the state, as defined in Section 17514, the commission shall determine the amount to be subvened to local agencies and school districts by adopting a new statewide cost estimate pursuant to Section 17557. (m) In addition to the reports required pursuant to Sections 17600 and 17601, the commission shall notify the Legislature within 30 days of adopting a new test claim decision that supersedes a prior test claim decision and determining the amount to be subvened to local agencies and school districts for reimbursement pursuant to this section. (Added by Stats. 2010, Ch. 719, Sec. 33. (SB 856) Effective October 19, 2010.) - 17570.1. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
The Legislature may, by statute, request that the Department of Finance consider exercising its authority under subdivision (c) of Section 17570.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17570.1. As part of its review and consideration pursuant to Sections 17581 and 17581.5, the Legislature may, by statute, request that the Department of Finance consider exercising its authority pursuant to subdivision (c) of Section 17570. (Added by Stats. 2010, Ch. 719, Sec. 34. (SB 856) Effective October 19, 2010.) - 17571. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. )
On request from a local agency or school district, the commission must review certain claiming instructions. If the commission finds they do not match the required parameters and guidelines, it must direct the Controller to change them, and the Controller must make the 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1. Commission Procedure [17550 - 17571] ( Article 1 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17571. The commission, upon request of a local agency or school district, shall review the claiming instructions issued by the Controller or any other authorized state agency for reimbursement of mandated costs. If the commission determines that the claiming instructions do not conform to the parameters and guidelines, the commission shall direct the Controller to modify the claiming instructions and the Controller shall modify the claiming instructions to conform to the parameters and guidelines as directed by the commission. (Amended by Stats. 1999, Ch. 643, Sec. 7. Effective January 1, 2000.) - 17572. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1.5. Legislatively Determined Mandate Procedure [17572 - 17574.5] ( Article 1.5 added by Stats. 2007, Ch. 329, Sec. 11. )
The Legislature says early settlement of mandate claims should help the commission focus on complicated disputes, give the Legislature timely cost information, and support timely reimbursement.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1.5. Legislatively Determined Mandate Procedure [17572 - 17574.5] ( Article 1.5 added by Stats. 2007, Ch. 329, Sec. 11. ) ## 17572. The Legislature finds and declares all of the following: (a) Early settlement of mandate claims will allow the commission to focus its efforts on rendering sound quasi-judicial decisions regarding complicated disputes over the existence of state-mandated local programs. (b) Early settlement of mandate claims will provide timely information to the Legislature regarding local costs of state requirements and timely reimbursement to local agencies or school districts. (c) It is the intent of the Legislature to provide for an orderly process for settling mandate claims in which the parties are in substantial agreement. Nothing in this article diminishes the right of a local agency or school district that chooses not to accept reimbursement pursuant to this article from filing a test claim with the commission or taking other steps to obtain reimbursement pursuant to Section 6 of Article XIII B of the California Constitution. (Repealed (by Sec. 10) and added by Stats. 2007, Ch. 329, Sec. 11. Effective January 1, 2008.) - 17573. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1.5. Legislatively Determined Mandate Procedure [17572 - 17574.5] ( Article 1.5 added by Stats. 2007, Ch. 329, Sec. 11. )
This section lets the Department of Finance and certain local/public groups jointly ask the Legislature to declare a mandate, set reimbursement terms, and appropriate reimbursement funds.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1.5. Legislatively Determined Mandate Procedure [17572 - 17574.5] ( Article 1.5 added by Stats. 2007, Ch. 329, Sec. 11. ) ## 17573. (a) Notwithstanding Section 17551, the Department of Finance and a local agency, school district, or statewide association may jointly request of the chairpersons of the committees in each house of the Legislature that consider appropriations, and the chairpersons of the committees and appropriate subcommittees in each house of the Legislature that consider the State Budget, that the Legislature (1) determine that a statute or executive order, or portion thereof, mandates a new program or higher level of service requiring reimbursement of local governments pursuant to Section 6 of Article XIII B of the California Constitution, (2) establish a reimbursement methodology, and (3) appropriate funds for reimbursement of costs. For purposes of this section, “statewide association” includes a statewide association representing local agencies or school districts, as defined in Sections 17518 and 17519. (b) The statute of limitations specified in Section 17551 shall be tolled from the date a local agency, school district, or statewide association contacts the Department of Finance or responds to a Department of Finance request to initiate a joint request for a legislatively determined mandate pursuant to subdivision (a), to (1) the date that the Budget Act for the subsequent fiscal year is adopted if a joint request is submitted pursuant to subdivision (a), or (2) the date on which the Department of Finance, or a local agency, school district, or statewide association notifies the other party of its decision not to submit a joint request. A local agency, school district, or statewide association, or the Department of Finance shall provide written notification to the commission of each of these dates. (c) A joint request made under subdivision (a) shall be in writing and include all of the following: (1) Identification of those provisions of the statute or executive order, or portion thereof, that mandate a new program or higher level of service requiring reimbursement of local agencies or school districts pursuant to Section 6 of Article XIII B of the California Constitution, a proposed reimbursement methodology, and the period of reimbursement. (2) A list of eligible claimants and a statewide estimate for the initial claiming period and annual dollar amount necessary to reimburse local agencies or school districts to comply with that statute or executive order that mandates a new program or higher level of service. (3) Documentation of significant support among local agencies or school districts for the proposed reimbursement methodology, including, but not limited to, endorsements by statewide associations and letters of approval from local agencies or school districts. (d) A joint request authorized by this section may be submitted to the Legislature pursuant to subdivision (a) at any time after enactment of a statute or issuance of an executive order, regardless of whether a test claim on the same statute or executive order is pending with the commission. If a test claim is pending before the commission, the period of reimbursement established by that filing shall apply to a joint request filed pursuant to this section. (e) (1) If the Legislature accepts the joint request and determines that those provisions of the statute or executive order, or portion thereof, mandate a new program or higher level of service requiring reimbursement of local agencies or school districts pursuant to Section 6 of Article XIII B of the California Constitution, it shall adopt a statute declaring that the statute or executive order, or portion thereof, is a legislatively determined mandate and specify the term and period of reimbursement and methodology for reimbursing eligible local agencies or school districts. If no term is specified in the statute, then the term shall be five years, beginning July 1 of the year in which the statute is enacted. (2) For the purpose of this subdivision, “term” means the number of years specified in the statute adopted pursuant to this subdivision for reimbursing eligible local agencies or school districts for a legislatively determined mandate. (f) When the Legislature adopts a statute pursuant to paragraph (1) of subdivision (e) on a mandate subject to subdivision (b) of Section 6 of Article XIII B of the California Constitution, the Legislature shall do either of the following: (1) Appropriate in the Budget Act the full payable amount for reimbursement to local agencies that has not been previously paid. (2) Suspend the operation of the mandate pursuant to Section 17581 or repeal the mandate. (g) The Department of Finance, or a local agency, school district, or statewide association shall notify the commission of actions taken pursuant to this section, as specified below: (1) Provide the commission with a copy of any communications regarding development of a joint request under this section and a copy of a joint request when it is submitted to the Legislature. (2) Notify the commission of the date of (A) the Legislature’s action on a joint request in the Budget Act, or (B) the Department of Finance’s decision not to submit a joint request on a specific statute or executive order. (h) Upon receipt of notice that a joint request has been submitted to the Legislature on the same statute or executive order as a pending test claim, the commission may stay its proceedings on the pending test claim upon the request of any party. (i) Upon enactment of a statute declaring a legislatively determined mandate, enactment of a reimbursement methodology, and appropriation for reimbursement of the full payable amount that has not been previously paid in the Budget Act, all of the following shall apply: (1) The Controller shall prepare claiming instructions pursuant to Section 17558, if applicable. (2) The commission shall not adopt a statement of decision, parameters and guidelines, or statewide cost estimate on the same statute or executive order unless a local agency or school district that has rejected the amount of reimbursement files a test claim or takes over a withdrawn test claim on the same statute or executive order. (3) A local agency or school district accepting payment for the statute or executive order, or portion thereof, that mandates a new program or higher level of service pursuant to Section 6 of Article XIII B of the California Constitution shall not be required to submit parameters and guidelines if it is the successful test claimant pursuant to Section 17557. (Added by Stats. 2007, Ch. 329, Sec. 11. Effective January 1, 2008.) - 17574. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1.5. Legislatively Determined Mandate Procedure [17572 - 17574.5] ( Article 1.5 added by Stats. 2007, Ch. 329, Sec. 11. )
Local agencies and school districts must follow specific withdrawal, filing, and timing rules when they accept or reject reimbursement for a legislatively determined mandate.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1.5. Legislatively Determined Mandate Procedure [17572 - 17574.5] ( Article 1.5 added by Stats. 2007, Ch. 329, Sec. 11. ) ## 17574. (a) A local agency or school district agrees to the following terms and conditions when it accepts reimbursement for a legislatively determined mandate pursuant to Section 17573: (1) Any unpaid reimbursement claims the local agency or school district has previously filed with the Controller pursuant to Section 17561 and derived from parameters and guidelines or reasonable reimbursement methodology shall be deemed withdrawn if they are on the same statute or executive order of a legislatively determined mandate and for the same period of reimbursement. (2) The payment of the amount agreed upon pursuant to Section 17573 constitutes full reimbursement of its costs for that mandate for the applicable period of reimbursement. (3) The methodology upon which the payment is calculated is an appropriate reimbursement methodology for the term specified in subdivision (e) of Section 17573. (4) A test claim filed with the commission by a local agency or school district on the same statute or executive order as a legislatively determined mandate shall be withdrawn. (5) A test claim on the same statute or executive order as a legislatively determined mandate will not be filed with the commission except as provided in subdivision (c). (b) If a local agency or school district rejects reimbursement for a legislatively determined mandate pursuant to Section 17573, a local agency or school district may take over a withdrawn test claim within six months after the date the test claim is withdrawn, by substitution of parties and compliance with the filing requirements in subdivision (b) of Section 17553, as specified in the commission’s notice of withdrawal. (c) (1) Notwithstanding Section 17551 and subdivision (b) of Section 17573, a local agency or school district may file a test claim on the same statute or executive order as a legislatively determined mandate if one of the following applies: (A) The Legislature amends the reimbursement methodology and the local agency or school district rejects reimbursement. (B) The term of the legislatively determined mandate, as defined in subdivision (e) of Section 17573, has expired. (C) The term of the legislatively determined mandate, as defined in subdivision (e) of Section 17573, is amended and the local agency or school district rejects reimbursement under the new term. (D) The mandate is subject to subdivision (b) of Section 6 of Article XIII B and the Legislature does both of the following: (i) Fails to appropriate in the Budget Act funds to reimburse local agencies for the full payable amount that has not been previously paid based on the reimbursement methodology enacted by the Legislature. (ii) Does not repeal or suspend the mandate pursuant to Section 17581. (2) A test claim filed pursuant to the authority granted by this subdivision shall be filed within six months of the date an action described in subparagraph (A), (B), (C), or (D) of paragraph (1) occurs. (d) Notwithstanding any other provision of this section, a local agency or school district shall not file a test claim pursuant to this section if the statute of limitations specified in subdivision (c) of Section 17551 expired before the date a legislatively determined mandate was adopted by the Legislature pursuant to Section 17573. (e) Notwithstanding the period of reimbursement specified in subdivision (e) of Section 17557, a test claim filed pursuant to this section shall establish eligibility for reimbursement beginning with the fiscal year of an action described in subparagraph (A), (B), (C), or (D) of paragraph (1) of subdivision (c). (Added by Stats. 2007, Ch. 329, Sec. 11. Effective January 1, 2008.) - 17574.5. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1.5. Legislatively Determined Mandate Procedure [17572 - 17574.5] ( Article 1.5 added by Stats. 2007, Ch. 329, Sec. 11. )
A legislatively determined mandate under Section 17573 is not binding on the commission when it makes its determination under subdivision (a) of Section 17551.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 1.5. Legislatively Determined Mandate Procedure [17572 - 17574.5] ( Article 1.5 added by Stats. 2007, Ch. 329, Sec. 11. ) ## 17574.5. The determination of a legislatively determined mandate pursuant to Section 17573 shall not be binding on the commission when making its determination pursuant to subdivision (a) of Section 17551. (Added by Stats. 2007, Ch. 329, Sec. 11. Effective January 1, 2008.) - 17575. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
The Legislative Counsel must determine whether certain bills create a new program or a higher level of service, and must note that determination and its basis in the bill digest.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17575. When a bill is introduced in the Legislature, and each time a bill is amended, on and after January 1, 1985, the Legislative Counsel shall determine whether the bill mandates a new program or higher level of service pursuant to Section 6 of Article XIII B of the California Constitution. The Legislative Counsel shall make this determination known in the digest of the bill and shall describe in the digest the basis for this determination. The determination by the Legislative Counsel shall not be binding on the commission in making its determination pursuant to Section 17555. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17576. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
When the Legislative Counsel determines a bill will require a new program or a higher level of service, the Department of Finance must prepare a reimbursement estimate.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17576. Whenever the Legislative Counsel determines that a bill will mandate a new program or higher level of service pursuant to Section 6 of Article XIII B of the California Constitution, the Department of Finance shall prepare an estimate of the amount of reimbursement which will be required. This estimate shall be prepared for the respective committees of each house of the Legislature which consider taxation measures and appropriation measures and shall be prepared prior to any hearing on the bill by any such committee. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17577. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
The estimate under Section 17576 must equal the amount needed in the first fiscal year of a bill’s operation to reimburse local agencies and school districts for state-mandated costs.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17577. The estimate required by Section 17576 shall be the amount estimated to be required during the first fiscal year of a bill’s operation in order to reimburse local agencies and school districts for costs mandated by the state by the bill. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17578. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
If a bill is amended on the floor in a way that creates a new program or a higher level of service, the Legislative Counsel must immediately notify the Speaker of the Assembly and the President of the Senate, and the notice must be published in each house’s journal.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17578. In the event that a bill is amended on the floor of either house, whether by adoption of the report of a conference committee or otherwise, in such a manner as to mandate a new program or higher level of service pursuant to Section 6 of Article XIII B of the California Constitution, the Legislative Counsel shall immediately inform, respectively, the Speaker of the Assembly and the President of the Senate of that fact. Notification from the Legislative Counsel shall be published in the journal of the respective houses of the Legislature. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17579. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
Certain bills must include a section saying reimbursement will be made under this chapter or that the mandate is disclaimed, with the reason given.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17579. Any bill introduced or amended for which the Legislative Counsel has determined the bill will mandate a new program or higher level of service pursuant to Section 6 of Article XIII B of the California Constitution shall contain a section specifying that reimbursement shall be made pursuant to this chapter or that the mandate is being disclaimed and the reason therefor. (Amended by Stats. 2004, Ch. 890, Sec. 24. Effective January 1, 2005.) - 17581. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
A local agency is not required to carry out certain state-mandated programs when the Budget Act for the next fiscal year has not been enacted and reimbursement is not provided, and the Department of Finance must notify agencies within 30 days after the Budget Act is enacted.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17581. (a) No local agency shall be required to implement or give effect to any statute or executive order, or portion thereof, during any fiscal year and for the period immediately following that fiscal year for which the Budget Act has not been enacted for the subsequent fiscal year if all of the following apply: (1) The statute or executive order, or portion thereof, has been determined by the Legislature, the commission, or any court to mandate a new program or higher level of service requiring reimbursement of local agencies pursuant to Section 6 of Article XIII B of the California Constitution. (2) The statute or executive order, or portion thereof, or the commission’s test claim number, has been specifically identified by the Legislature in the Budget Act for the fiscal year as being one for which reimbursement is not provided for that fiscal year. For purposes of this paragraph, a mandate shall be considered to have been specifically identified by the Legislature only if it has been included within the schedule of reimbursable mandates shown in the Budget Act and it is specifically identified in the language of a provision of the item providing the appropriation for mandate reimbursements. (b) Within 30 days after enactment of the Budget Act, the Department of Finance shall notify local agencies of any statute or executive order, or portion thereof, for which operation of the mandate is suspended because reimbursement is not provided for that fiscal year pursuant to this section and Section 6 of Article XIII B of the California Constitution. (c) Notwithstanding any other provision of law, if a local agency elects to implement or give effect to a statute or executive order described in subdivision (a), the local agency may assess fees to persons or entities which benefit from the statute or executive order. Any fee assessed pursuant to this subdivision shall not exceed the costs reasonably borne by the local agency. (d) This section shall not apply to any state-mandated local program for the trial courts, as specified in Section 77203. (e) This section shall not apply to any state-mandated local program for which the reimbursement funding counts toward the minimum General Fund requirements of Section 8 of Article XVI of the Constitution. (f) All state-mandated local programs suspended in the Budget Act for the 2012–13 fiscal year shall also be suspended in the 2013–14 and 2014–15 fiscal years. (Amended by Stats. 2012, Ch. 32, Sec. 18. (SB 1006) Effective June 27, 2012.) - 17581.5. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
School districts and community college districts may be exempt from implementing certain identified mandates when the Budget Act reimbursement conditions in this section are met. The Department of Finance must notify school districts within 30 days after the Budget Act is enacted.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17581.5. (a) A school district or community college district shall not be required to implement or give effect to the statutes, or a portion of the statutes, identified in subdivision (c) during any fiscal year and for the period immediately following that fiscal year for which the Budget Act has not been enacted for the subsequent fiscal year if all of the following apply: (1) The statute or a portion of the statute, has been determined by the Legislature, the commission, or any court to mandate a new program or higher level of service requiring reimbursement of school districts or community college districts pursuant to Section 6 of Article XIII B of the California Constitution. (2) The statute, or a portion of the statute, or the test claim number utilized by the commission, specifically has been identified by the Legislature in the Budget Act for the fiscal year as being one for which reimbursement is not provided for that fiscal year. For purposes of this paragraph, a mandate shall be considered specifically to have been identified by the Legislature only if it has been included within the schedule of reimbursable mandates shown in the Budget Act and it specifically is identified in the language of a provision of the item providing the appropriation for mandate reimbursements. (b) Within 30 days after enactment of the Budget Act, the Department of Finance shall notify school districts of any statute or executive order, or portion thereof, for which reimbursement is not provided for the fiscal year pursuant to this section. (c) This section applies only to the following mandates: (1) School Bus Safety I (CSM-4433) and II (97-TC-22) (Chapter 642 of the Statutes of 1992; Chapter 831 of the Statutes of 1994; and Chapter 739 of the Statutes of 1997). (2) County Treasury Withdrawals (96-365-03; and Chapter 784 of the Statutes of 1995 and Chapter 156 of the Statutes of 1996). (3) Grand Jury Proceedings (98-TC-27; and Chapter 1170 of the Statutes of 1996, Chapter 443 of the Statutes of 1997, and Chapter 230 of the Statutes of 1998). (4) Law Enforcement Sexual Harassment Training (97-TC-07; and Chapter 126 of the Statutes of 1993). (5) Health Benefits for Survivors of Peace Officers and Firefighters (Chapter 1120 of the Statutes of 1996 and 97-TC-25). (6) Removal of Chemicals (Chapter 1107 of the Statutes of 1984 and CSM 4211 and 4298). (7) Scoliosis Screening (Chapter 1347 of the Statutes of 1980 and CSM 4195). (8) Pupil Residency Verification and Appeals (Chapter 309 of the Statutes of 1995 and 96-384-01). (9) Integrated Waste Management (Chapter 1116 of the Statutes of 1992 and 00-TC-07). (10) Law Enforcement Jurisdiction Agreements (Chapter 284 of the Statutes of 1998 and 98-TC-20). (11) Physical Education Reports (Chapter 640 of the Statutes of 1997 and 98-TC-08). (12) Sexual Assault Response Procedures (Chapter 423 of the Statutes of 1990 and 99-TC-12). (13) Student Records (Chapter 593 of the Statutes of 1989 and 02-TC-34). (14) Absentee Ballots (Chapter 77 of the Statutes of 1978 and CSM-3713). (15) Brendon Maguire Act (Chapter 391 of the Statutes of 1988 and CSM-4357). (16) Mandate Reimbursement Process I and II (Chapter 486 of the Statutes of 1975; Chapter 890 of the Statutes of 2004; CSM-4204; CSM-4485; and 05-TC-05). (17) Sex Offenders: Disclosure by Law Enforcement Officers (Chapters 908 and 909 of the Statutes of 1996; and 97-TC-15). (Amended by Stats. 2013, Ch. 48, Sec. 77. (AB 86) Effective July 1, 2013.) - 17581.6. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
Certain school districts, county offices of education, and charter schools may elect block grant funding, but electing entities must request it by the deadline and some must provide extra restructuring-related information.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17581.6. (a) Funding apportioned pursuant to this section shall constitute reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for the performance of any state mandates included in the statutes and executive orders identified in subdivision (f). (b) Any school district, county office of education, or charter school may elect to receive block grant funding pursuant to this section. (c) (1) (A) A school district, county office of education, or charter school that elects to receive block grant funding pursuant to this section in a given fiscal year shall submit a letter requesting funding to the Superintendent of Public Instruction on or before August 30 of that fiscal year. (B) A charter school regarded as a continuing charter school pursuant to subparagraph (E) of paragraph (5) of subdivision (a) of Section 47605 of the Education Code, subparagraph (B) of paragraph (5) of subdivision (c) of Section 47605.1 of the Education Code, subdivision (d) of Section 47605.9 of the Education Code, or paragraph (3) of subdivision (b) of Section 47612.7 of the Education Code, shall do all of the following in the first year the charter school is affected by an action to restructure: (i) Provide timely notification to the Superintendent of Public Instruction pursuant to Section 47653 of the Education Code. (ii) Submit a letter requesting funding on or before August 30 of the fiscal year for which funding is requested pursuant to subparagraph (A) or 30 days after the charter school is assigned a number by the State Board of Education pursuant to Section 47602 of the Education Code, whichever is later. (iii) As applicable, provide to the Superintendent of Public Instruction the prior year average daily attendance attributable to each restructured charter school to be used in the calculation of funding. The charter school shall provide data in a format prescribed by the Superintendent of Public Instruction. The total average daily attendance attributable to the restructured charter school or schools pursuant to this clause shall not exceed the total prior year average daily attendance of the original charter school. The definitions in Section 47654 of the Education Code apply for purposes of this subparagraph. (2) (A) The Superintendent of Public Instruction shall, in the month of November of each year, apportion block grant funding appropriated pursuant to Item 6100-296-0001 of Section 2.00 of the annual Budget Act to all school districts, county offices of education, and charter schools that submitted letters requesting funding in that fiscal year according to the provisions of that item, except as provided in subparagraph (B). (B) In the first year that a charter school is affected by an action to restructure pursuant to Section 47654 of the Education Code, the Superintendent of Public Instruction may apportion funds after November of that fiscal year to a charter school that is eligible for funding pursuant to subparagraph (B) of paragraph (1) and that has submitted a letter requesting funding after August 30 of that fiscal year. (3) A school district or county office of education that receives block grant funding pursuant to this section shall not be eligible to submit claims to the Controller for reimbursement pursuant to Section 17560 for any costs of any state mandates included in the statutes and executive orders identified in subdivision (f) incurred in the same fiscal year during which the school district or county office of education received funding pursuant to this section. (d) Commencing with the 2017–18 fiscal year, the per unit average daily attendance funding rates specified in the provisions of Item 6100-296-0001 of the annual Budget Act shall be adjusted annually by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance. (e) Block grant funding apportioned pursuant to this section is subject to annual financial and compliance audits required by Section 41020 of the Education Code. (f) Block grant funding apportioned pursuant to this section is specifically intended to fund the costs of the following programs and activities: (1) Agency Fee Arrangements (00-TC-17 and 01-TC-14; Chapter 893 of the Statutes of 2000 and Chapter 805 of the Statutes of 2001). (2) AIDS Instruction and AIDS Prevention Instruction (CSM 4422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of 1991; and Chapter 403 of the Statutes of 1998). (3) Cal Grant: Opt-Out Notice and Grade Point Average Submission (16-TC-02; Chapter 679 of the Statutes of 2014 and Chapter 82 of the Statutes of 2016). (4) California Assessment of Student Performance and Progress (CAASPP) (14-TC-01 and 14-TC-04; Chapter 489 of the Statutes of 2013; and Chapter 32 of the Statutes of 2014). (5) California State Teachers’ Retirement System (CalSTRS) Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994; Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838 of the Statutes of 1997; Chapter 965 of the Statutes of 1998; Chapter 939 of the Statutes of 1999; and Chapter 1021 of the Statutes of 2000). (6) Caregiver Affidavits (CSM 4497; Chapter 98 of the Statutes of 1994). (7) Charter Schools I, II, and III (CSM 4437, 99-TC-03, and 99-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and 673 of the Statutes of 1998; Chapter 34 of the Statutes of 1998; and Chapter 78 of the Statutes of 1999). (8) Charter Schools IV (03-TC-03; Chapter 1058 of the Statutes of 2002). (9) Child Abuse and Neglect Reporting (01-TC-21; Chapters 640 and 1459 of the Statutes of 1987; Chapter 132 of the Statutes of 1991; Chapter 459 of the Statutes of 1992; Chapter 311 of the Statutes of 1998; Chapter 916 of the Statutes of 2000; and Chapters 133 and 754 of the Statutes of 2001). (10) Collective Bargaining (CSM 4425; Chapter 961 of the Statutes of 1975). (11) Comprehensive School Safety Plans (98-TC-01 and 99-TC-10; Chapter 736 of the Statutes of 1997; Chapter 996 of the Statutes of 1999; and Chapter 828 of the Statutes of 2003). (12) Consolidation of Annual Parent Notification/Schoolsite Discipline Rules/Alternative Schools (CSM 4488, CSM 4461, 99-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM 4462; Chapter 448 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469 of the Statutes of 1981; Chapter 459 of the Statutes of 1985; Chapters 87 and 97 of the Statutes of 1986; Chapter 1452 of the Statutes of 1987; Chapters 65 and 1284 of the Statutes of 1988; Chapter 213 of the Statutes of 1989; Chapters 10 and 403 of the Statutes of 1990; Chapter 906 of the Statutes of 1992; Chapter 1296 of the Statutes of 1993; Chapter 929 of the Statutes of 1997; Chapters 846 and 1031 of the Statutes of 1998; Chapter 1 of the Statutes of 1999, First Extraordinary Session; Chapter 73 of the Statutes of 2000; Chapter 650 of the Statutes of 2003; Chapter 895 of the Statutes of 2004; and Chapter 677 of the Statutes of 2005). (13) Consolidation of Law Enforcement Agency Notification and Missing Children Reports (CSM 4505; Chapter 1117 of the Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of 1986; and Chapter 832 of the Statutes of 1999). (14) Consolidation of Notification to Teachers: Pupils Subject to Suspension or Expulsion I and II, and Pupil Discipline Records (00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000). (15) Consolidated Suspensions, Expulsions, and Expulsion Appeals (96-358-03, 03A, 98-TC-22, 01-TC-18, 98-TC-23, 97-TC-09; Chapters 972 and 974 of the Statutes of 1995; Chapters 915, 937, and 1052 of the Statutes of 1996; Chapter 637 of the Statutes of 1997; Chapter 489 of the Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter 147 of the Statutes of 2000; and Chapter 116 of the Statutes of 2001) (CSM 4455; Chapter 1253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 318 of the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter 622 of the Statutes of 1984; Chapter 942 of the Statutes of 1987; Chapter 1231 of the Statutes of 1990; Chapter 152 of the Statutes of 1992; Chapters 1255, 1256, and 1257 of the Statutes of 1993; and Chapter 146 of the Statutes of 1994) (CSM 4456; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of the Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter 856 of the Statutes of 1985; and Chapter 134 of the Statutes of 1987) (CSM 4463; Chapter 1253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; and Chapter 498 of the Statutes of 1983). (16) County Office of Education Fiscal Accountability Reporting (97-TC-20; Chapters 917 and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988; Chapter 1372 of the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the Statutes of 1995). (17) Criminal Background Checks (97-TC-16; Chapters 588 and 589 of the Statutes of 1997). (18) Criminal Background Checks II (00-TC-05; Chapters 594 and 840 of the Statutes of 1998; and Chapter 78 of the Statutes of 1999). (19) Developer Fees (02-TC-42; Chapter 955 of the Statutes of 1977; Chapter 282 of the Statutes of 1979; Chapter 1354 of the Statutes of 1980; Chapter 201 of the Statutes of 1981; Chapter 923 of the Statutes of 1982; Chapter 1254 of the Statutes of 1983; Chapter 1062 of the Statutes of 1984; Chapter 1498 of the Statutes of 1985; Chapters 136 and 887 of the Statutes of 1986; and Chapter 1228 of the Statutes of 1994). (20) Differential Pay and Reemployment (99-TC-02; Chapter 30 of the Statutes of 1998). (21) Expulsion of Pupil: Transcript Cost for Appeals (SMAS; Chapter 1253 of the Statutes of 1975). (22) Financial and Compliance Audits (CSM 4498 and CSM 4498-A; Chapter 36 of the Statutes of 1977). (23) Free Application for Federal Student Aid (22-TC-05; Chapter 144 of the Statutes of 2021). (24) Graduation Requirements (CSM 4181; Chapter 498 of the Statutes of 1983). (25) Habitual Truants (CSM 4487 and CSM 4487-A; Chapter 1184 of the Statutes of 1975). (26) Immunization Records (SB 90-120; Chapter 1176 of the Statutes of 1977). (27) Immunization Records—Mumps, Rubella, and Hepatitis B (98-TC-05; 14-MR-04; Chapter 325 of the Statutes of 1978; Chapter 435 of the Statutes of 1979; Chapter 472 of the Statutes of 1982; Chapter 984 of the Statutes of 1991; Chapter 1300 of the Statutes of 1992; Chapter 1172 of the Statutes of 1994; Chapters 291 and 415 of the Statutes of 1995; Chapter 1023 of the Statutes of 1996; and Chapters 855 and 882 of the Statutes of 1997; and Chapter 434 of the Statutes of 2010). (28) Immunization Records—Pertussis (11-TC-02; Chapter 434 of the Statutes of 2010). (29) Interdistrict Attendance Permits (CSM 4442; Chapters 172 and 742 of the Statutes of 1986; Chapter 853 of the Statutes of 1989; Chapter 10 of the Statutes of 1990; and Chapter 120 of the Statutes of 1992). (30) Intradistrict Attendance (CSM 4454; Chapters 161 and 915 of the Statutes of 1993). (31) Juvenile Court Notices II (CSM 4475; Chapters 1011 and 1423 of the Statutes of 1984; Chapter 1019 of the Statutes of 1994; and Chapter 71 of the Statutes of 1995). (32) Notification of Truancy (CSM 4133; Chapter 498 of the Statutes of 1983; Chapter 1023 of the Statutes of 1994; and Chapter 19 of the Statutes of 1995). (33) Parental Involvement Programs (03-TC-16; Chapter 1400 of the Statutes of 1990; Chapters 864 and 1031 of the Statutes of 1998; and Chapter 1037 of the Statutes of 2002). (34) Physical Performance Tests (96-365-01; Chapter 975 of the Statutes of 1995). (35) Prevailing Wage Rate (01-TC-28; Chapter 1249 of the Statutes of 1978). (36) Public Contracts (02-TC-35; Chapter 1073 of the Statutes of 1985; Chapter 1408 of the Statutes of 1988; Chapter 330 of the Statutes of 1989; Chapter 1414 of the Statutes of 1990; Chapter 321 of the Statutes of 1990; Chapter 799 of the Statutes of 1992; and Chapter 726 of the Statutes of 1994). (37) Public School Restrooms: Feminine Hygiene Products (18-TC-01; Chapter 687 of the Statutes of 2017). (38) Pupil Health Screenings (CSM 4440; Chapter 1208 of the Statutes of 1976; Chapter 373 of the Statutes of 1991; and Chapter 750 of the Statutes of 1992). (39) Pupil Promotion and Retention (98-TC-19; Chapter 100 of the Statutes of 1981; Chapter 1388 of the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter 1263 of the Statutes of 1990; and Chapters 742 and 743 of the Statutes of 1998). (40) Pupil Safety Notices (02-TC-13; Chapter 498 of the Statutes of 1983; Chapter 482 of the Statutes of 1984; Chapter 948 of the Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter 332 of the Statutes of 1986; Chapter 445 of the Statutes of 1992; Chapter 1317 of the Statutes of 1992; Chapter 589 of the Statutes of 1993; Chapter 1172 of the Statutes of 1994; Chapter 1023 of the Statutes of 1996; and Chapter 492 of the Statutes of 2000). (41) Race to the Top (10-TC-06; Chapters 2 and 3 of the Statutes of 2009). (42) School Accountability Report Cards (97-TC-21, 00-TC-09, 00-TC-13, and 02-TC-32; Chapter 918 of the Statutes of 1997; Chapter 912 of the Statutes of 1997; Chapter 824 of the Statutes of 1994; Chapter 1031 of the Statutes of 1993; Chapter 759 of the Statutes of 1992; and Chapter 1463 of the Statutes of 1989). (43) School District Fiscal Accountability Reporting (97-TC-19; Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the Statutes of 1995). (44) School District Reorganization (98-TC-24; Chapter 1192 of the Statutes of 1980; and Chapter 1186 of the Statutes of 1994). (45) Student Records (02-TC-34; Chapter 593 of the Statutes of 1989; Chapter 561 of the Statutes of 1993; Chapter 311 of the Statutes of 1998; and Chapter 67 of the Statutes of 2000). (46) The Stull Act (98-TC-25; Chapter 498 of the Statutes of 1983; and Chapter 4 of the Statutes of 1999). (47) Threats Against Peace Officers (CSM 96-365-02; Chapter 1249 of the Statutes of 1992; and Chapter 666 of the Statutes of 1995). (48) Training for School Employee Mandated Reporters (14-TC-02; Chapter 797 of the Statutes of 2014). (49) Uniform Complaint Procedures (03-TC-02; Chapter 1117 of the Statutes of 1982; Chapter 1514 of the Statutes of 1988; and Chapter 914 of the Statutes of 1998). (50) Williams Case Implementation I, II, and III (05-TC-04, 07-TC-06, and 08-TC-01; Chapters 900, 902, and 903 of the Statutes of 2004; Chapter 118 of the Statutes of 2005; Chapter 704 of the Statutes of 2006; and Chapter 526 of the Statutes of 2007). (g) Notwithstanding Section 10231.5, on or before November 1 of each fiscal year, the Superintendent of Public Instruction shall produce a report that indicates the total amount of block grant funding each school district, county office of education, and charter school received in that fiscal year pursuant to this section. Funding apportioned pursuant to subparagraph (B) of paragraph (2) of subdivision (c) shall be excluded from this reporting requirement. The Superintendent of Public Instruction shall provide this report to the appropriate fiscal and policy committees of the Legislature, the Controller, the Department of Finance, and the Legislative Analyst’s Office. (Amended by Stats. 2025, Ch. 8, Sec. 55. (AB 121) Effective June 27, 2025.) - 17581.7. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
Community college districts may choose block grant funding, but if they do, they must request it by August 30 and cannot also claim reimbursement for the same-year covered mandate costs.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17581.7. (a) Funding apportioned pursuant to this section shall constitute reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for the performance of any state mandates included in the statutes and executive orders identified in subdivision (f). (b) Any community college district may elect to receive block grant funding pursuant to this section. (c) (1) A community college district that elects to receive block grant funding pursuant to this section in a given fiscal year shall submit a letter requesting funding to the Chancellor of the California Community Colleges on or before August 30 of that fiscal year. (2) The Chancellor of the California Community Colleges shall apportion, in the month of November of each year, block grant funding appropriated in Item 6870-296-0001 of Section 2.00 of the annual Budget Act to all community college districts that submitted letters requesting funding in that fiscal year according to the provisions of that budget item. (3) A community college district that receives block grant funding pursuant to this section shall not be eligible to submit claims to the Controller for reimbursement pursuant to Section 17560 for any costs of any state mandates included in the statutes and executive orders identified in subdivision (f) incurred in the same fiscal year during which the community college district received funding pursuant to this section. (d) Commencing with the 2017–18 fiscal year, the per full-time equivalent students funding rate specified in the provisions of Item 6870-296-0001 of Section 2.00 of the annual Budget Act shall be adjusted annually by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance. (e) All funding apportioned pursuant to this section is subject to annual financial and compliance audits required by Section 84040 of the Education Code. (f) Block grant funding apportioned pursuant to this section is specifically intended to fund the costs of the following programs: (1) Agency Fee Arrangements (00-TC-17 and 01-TC-14; Chapter 893 of the Statutes of 2000; and Chapter 805 of the Statutes of 2001). (2) Cal Grants (02-TC-28; Chapter 403 of the Statutes of 2000). (3) California State Teachers’ Retirement System (CalSTRS) Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994; Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838 of the Statutes of 1997; Chapter 965 of the Statutes of 1998; Chapter 939 of the Statutes of 1999; and Chapter 1021 of the Statutes of 2000). (4) Collective Bargaining and Collective Bargaining Agreement Disclosure (CSM 4425 and 97-TC-08; Chapter 961 of the Statutes of 1975; Chapter 1213 of the Statutes of 1991). (5) Discrimination Complaint Procedures (02-TC-46 and portions of 02-TC-25 and 02-TC-31; Chapter 1010 of the Statutes of 1976; Chapter 470 of the Statutes of 1981; Chapter 1117 of the Statutes of 1982; Chapter 143 of the Statutes of 1983; Chapter 1371 of the Statutes of 1984; Chapter 973 of the Statutes of 1988; Chapter 1372 of the Statutes of 1990; Chapter 1198 of the Statutes of 1991; Chapter 914 of the Statutes of 1998; Chapter 587 of the Statutes of 1999; and Chapter 1169 of the Statutes of 2002). (6) Enrollment Fee Collection and Waivers (99-TC-13 and 00-TC-15). (7) Health Fee Elimination (CSM 4206; Chapter 1 of the Statutes of 1984, Second Extraordinary Session). (8) Minimum Conditions for State Aid (02-TC-25 and 02-TC-31; Chapter 802 of the Statutes of 1975; Chapters 275, 783, 1010, and 1176 of the Statutes of 1976; Chapters 36 and 967 of the Statutes of 1977; Chapters 797 and 977 of the Statutes of 1979; Chapter 910 of the Statutes of 1980; Chapters 470 and 891 of the Statutes of 1981; Chapters 1117 and 1329 of the Statutes of 1982; Chapters 143 and 537 of the Statutes of 1983; Chapter 1371 of the Statutes of 1984; Chapter 1467 of the Statutes of 1986; Chapters 973 and 1514 of the Statutes of 1988; Chapters 1372 and 1667 of the Statutes of 1990; Chapters 1038, 1188, and 1198 of the Statutes of 1991; Chapters 493 and 758 of the Statutes of 1995; Chapters 365, 914, and 1023 of the Statutes of 1998; Chapter 587 of the Statutes of 1999; Chapter 187 of the Statutes of 2000; and Chapter 1169 of the Statutes of 2002). (9) Prevailing Wage Rate (01-TC-28; Chapter 1249 of the Statutes of 1978). (10) Public Contracts (02-TC-35; Chapter 1073 of the Statutes of 1985; Chapter 1408 of the Statutes 1988; Chapter 330 of the Statutes of 1989; Chapters 321 and 1414 of the Statutes of 1990; Chapter 799 of the Statutes of 1992; and Chapter 726 of the Statutes of 1994). (11) Reporting Improper Governmental Activities (02-TC-24; Chapter 416 of the Statutes of 2001; and Chapter 81 of the Statutes of 2002). (12) Threats Against Peace Officers (CSM 96-365-02; Chapter 1249 of the Statutes of 1992; and Chapter 666 of the Statutes of 1995). (13) Tuition Fee Waivers (02-TC-21; Chapter 36 of the Statutes of 1977; Chapter 580 of the Statutes of 1980; Chapter 102 of the Statutes of 1981; Chapter 1070 of the Statutes of 1982; Chapter 753 of the Statutes of 1988; Chapters 424, 900, and 985 of the Statutes 1989; Chapter 1372 of the Statutes of 1990; Chapter 455 of the Statutes of 1991; Chapter 8 of the Statutes of 1993; Chapter 389 of the Statutes of 1995; Chapter 438 of the Statutes of 1997; Chapter 952 of the Statutes of 1998; Chapters 571 and 949 of the Statutes of 2000; Chapter 814 of the Statutes of 2001; and Chapter 450 of the Statutes of 2002). (g) Notwithstanding Section 10231.5, on or before November 1 of each fiscal year, the Chancellor of the California Community Colleges shall produce a report that indicates the total amount of block grant funding each community college district received in the current fiscal year pursuant to this section. The chancellor shall provide this report to the appropriate fiscal and policy committees of the Legislature, the Controller, the Department of Finance, and the Legislative Analyst’s Office. (Amended by Stats. 2020, Ch. 370, Sec. 149. (SB 1371) Effective January 1, 2021.) - 17581.8. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section appropriates money for school districts and community college districts and directs how state officials must allocate, audit, offset, and report on those funds.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17581.8. (a) (1) For the 2014–15 fiscal year, the sum of two hundred eighty-seven million one hundred forty-nine thousand dollars ($287,149,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for allocation to school districts in the manner, and for the purposes, set forth in this section. (2) For the 2014–15 fiscal year, the sum of forty-nine million five hundred thousand dollars ($49,500,000) is hereby appropriated from the General Fund to the Chancellor of the California Community Colleges for allocation to community college districts in the manner, and for the purposes, set forth in this section. (3) For purposes of this section, a school district includes a county office of education and a charter school. (b) (1) The Superintendent of Public Instruction shall allocate the funds appropriated pursuant to paragraph (1) of subdivision (a), and the funds appropriated for purposes of this section pursuant to Item 6110-488 of Section 2.00 of the Budget Act of 2014, to school districts on the basis of an equal amount per unit of regular average daily attendance, as those average daily attendance numbers are reported at the time of the second principal apportionment for the 2013–14 fiscal year. (2) The Chancellor shall allocate the funds appropriated pursuant to paragraph (2) of subdivision (a) to community college districts on the basis of an equal amount per enrolled full-time equivalent student, as those numbers of students are reported at the time of the second principal apportionment for the 2013–14 fiscal year. (c) Allocations made pursuant to this section shall first satisfy any outstanding claims pursuant to Section 6 of Article XIII B of the California Constitution for reimbursement of state-mandated local program costs for any fiscal year. Notwithstanding Section 12419.5 and any amounts that are paid in satisfaction of outstanding claims for reimbursement of state-mandated local program costs, the Controller may audit any claim as allowed by law, and may recover any amount owed by school districts or community college districts pursuant to an audit only by reducing amounts owed by the state to school districts or community college districts for any other mandate claims. Under no circumstances shall a school district or community college district be required to remit funding back to the state to pay for disallowed costs identified by a Controller audit of claimed reimbursable state-mandated local program costs. The Controller shall not recover any amount owed by a school district or community college district pursuant to an audit of claimed reimbursable state-mandated local program costs by reducing any amount owed a school district or community college district for any purpose other than amounts owed for any other mandate claims. The Controller shall apply amounts received by each school district or community college district against any balances of unpaid claims for reimbursement of state-mandated local program costs and interest in chronological order beginning with the earliest claim. The Controller shall report to each school district and community college district the amounts of any claims and interest that are offset from funds provided pursuant to this section, and shall report a summary of the amounts offset for each mandate for each fiscal year to the Department of Finance and the fiscal committees of the Legislature. (d) (1) The governing board of a school district or community college district may expend funds received pursuant to this section for any one-time purpose, as determined by the governing board. (2) It is the intent of the Legislature that school districts will prioritize the use of these one-time funds for professional development, instructional materials, technology infrastructure, and any other investments necessary to support implementation of the common core standards in English language arts and mathematics, the implementation of English language development standards, and the implementation of the Next Generation Science standards. (Amended by Stats. 2015, Ch. 13, Sec. 42. (AB 104) Effective June 24, 2015.) - 17581.9. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section appropriates and allocates state funds to school districts and community college districts, with specific allocation rules for the Superintendent of Public Instruction, the Chancellor, and the Controller.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17581.9. (a) (1) For the 2015–16 fiscal year, the sum of three billion ninety-eight million four hundred fifty-five thousand dollars ($3,098,455,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for allocation to school districts and county superintendents of schools in the manner, and for the purposes, set forth in this section. (2) The sum of six hundred four million forty-three thousand dollars ($604,043,000) is hereby appropriated from the General Fund to the Chancellor of the California Community Colleges for allocation to community college districts in the manner, and for the purposes, set forth in this section. (3) For purposes of this section, a school district includes a county office of education and a charter school. (b) (1) (A) The Superintendent of Public Instruction shall allocate forty million dollars ($40,000,000) of the funds appropriated pursuant to paragraph (1) of subdivision (a) to county superintendents of schools, as follows: (i) Each county superintendent of schools shall be allocated the greater of: (I) thirty thousand dollars ($30,000), multiplied by the number of school districts for which the county superintendent of schools has jurisdiction pursuant to Section 1253 of the Education Code; or (II) eighty thousand dollars ($80,000). (ii) After the allocations pursuant to subparagraph (A), the balance shall be allocated in an equal amount per unit of regular average daily attendance, as those average daily attendance numbers are reported at the time of the second principal apportionment for the 2014–15 fiscal year. (B) For purposes of allocating funding pursuant to this paragraph only, “regular average daily attendance” means the aggregate number of units of average daily attendance within the county attributable to all school districts for which the county superintendent of schools has jurisdiction pursuant to Section 1253 of the Education Code, charter schools within the county, and the schools operated by the county superintendent of schools. (2) It is the intent of the Legislature that county offices of education will prioritize the use of funds allocated pursuant to paragraph (1) for investments necessary to support new responsibilities required under the evolving accountability structure of the local control funding formula and develop greater capacity and consistency within and between county offices of education. A county office of education may encumber funds apportioned pursuant to this section at any time during the 2015–16 or 2016–17 fiscal year. (3) The Superintendent of Public Instruction shall allocate three billion fifty-eight million four hundred fifty-five thousand dollars ($3,058,455,000) of the funds appropriated pursuant to paragraph (1) of subdivision (a) to school districts on the basis of an equal amount per unit of regular average daily attendance, as those average daily attendance numbers are reported at the time of the second principal apportionment for the 2014–15 fiscal year. (c) The Chancellor of the California Community Colleges shall allocate the funds appropriated pursuant to paragraph (2) of subdivision (a) to community college districts on the basis of an equal amount per enrolled full-time equivalent student, as those numbers of students are reported at the time of the second principal apportionment for the 2014–15 fiscal year. (d) Allocations made pursuant to this section shall first satisfy any outstanding claims pursuant to Section 6 of Article XIII B of the California Constitution for reimbursement of state-mandated local program costs for any fiscal year. Notwithstanding Section 12419.5 and any amounts that are paid in satisfaction of outstanding claims for reimbursement of state-mandated local program costs, the Controller may audit any claim as allowed by law, and may recover any amount owed by school districts or community college districts pursuant to an audit only by reducing amounts owed by the state to school districts or community college districts for any other mandate claims. Under no circumstances shall a school district or community college district be required to remit funding back to the state to pay for disallowed costs identified by a Controller audit of claimed reimbursable state-mandated local program costs. The Controller shall not recover any amount owed by a school district or community college district pursuant to an audit of claimed reimbursable state-mandated local program costs by reducing any amount owed a school district or community college district for any purpose other than amounts owed for any other mandate claims. The Controller shall apply amounts received by each school district or community college district against any balances of unpaid claims for reimbursement of state-mandated local program costs and interest in chronological order beginning with the earliest claim. The Controller shall report to each school district and community college district the amounts of any claims and interest that are offset from funds provided pursuant to this section, and shall report a summary of the amounts offset for each mandate for each fiscal year to the Department of Finance and the fiscal committees of the Legislature. (e) (1) The governing board of a school district or community college district may expend the one-time funds received pursuant to this section for any purpose, as determined by the governing board. (2) It is the intent of the Legislature that school districts shall prioritize the use of these one-time funds for professional development, induction for beginning teachers with a focus on relevant mentoring, instructional materials, technology infrastructure, and any other investments necessary to support implementation of the common core standards in English language arts and mathematics, the implementation of English language development standards, and the implementation of the Next Generation Science standards. (f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, three hundred nineteen million two hundred thirty-one thousand dollars ($319,231,000) of the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2013–14 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2013–14 fiscal year. (g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, ninety-three million five hundred twenty-nine thousand dollars ($93,529,000) of the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202 of the Education Code, for the 2013–14 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2013–14 fiscal year. (h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, two billion seven hundred forty-eight million three hundred forty-nine thousand dollars ($2,748,349,000) of the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2014–15 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2014–15 fiscal year. (i) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, three hundred ninety-three million two hundred twenty thousand dollars ($393,220,000) of the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202 of the Education Code, for the 2014–15 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2014–15 fiscal year. (j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, one hundred seventeen million two hundred ninety-four thousand dollars ($117,294,000) of the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202 of the Education Code, for the 2015–16 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2015–16 fiscal year. (k) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, thirty million eight hundred seventy-five thousand dollars ($30,875,000) of the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2015–16 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2015–16 fiscal year. (Amended by Stats. 2016, Ch. 29, Sec. 30. (SB 828) Effective June 27, 2016.) - 17581.95. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section appropriates state funds for 2016–17 and requires specified state officials to allocate, apply, audit, and report on those funds.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17581.95. (a) (1) For the 2016–17 fiscal year, the sum of nine hundred forty-five million five hundred eighty-nine thousand dollars ($945,589,000) is hereby appropriated from the General Fund to the State Department of Education for transfer by the Controller to Section A of the State School Fund. The Superintendent of Public Instruction shall allocate those funds to school districts and county superintendents of schools in the manner, and for the purposes, set forth in this section. (2) The sum of one hundred five million five hundred one thousand dollars ($105,501,000) is hereby appropriated from the General Fund to the Chancellor of the California Community Colleges for allocation to community college districts in the manner, and for the purposes, set forth in this section. (3) For purposes of this section, a school district includes a county office of education and a charter school. (b) The Superintendent of Public Instruction shall allocate the funds appropriated pursuant to paragraph (1) of subdivision (a) to school districts on the basis of an equal amount per unit of regular average daily attendance, as those average daily attendance numbers are reported at the time of the second principal apportionment for the 2015–16 fiscal year. (c) The Chancellor of the California Community Colleges shall allocate the funds appropriated pursuant to paragraph (2) of subdivision (a) to community college districts on the basis of an equal amount per enrolled full-time equivalent student, as those numbers of students are reported at the time of the second principal apportionment for the 2015–16 fiscal year. (d) Allocations made pursuant to this section shall first satisfy any outstanding claims pursuant to Section 6 of Article XIII B of the California Constitution for reimbursement of state-mandated local program costs for any fiscal year. Notwithstanding Section 12419.5 and any amounts that are paid in satisfaction of outstanding claims for reimbursement of state-mandated local program costs, the Controller may audit any claim as allowed by law, and may recover any amount owed by school districts or community college districts pursuant to an audit only by reducing amounts owed by the state to school districts or community college districts for any other mandate claims. Under no circumstances shall a school district or community college district be required to remit funding back to the state to pay for disallowed costs identified by a Controller audit of claimed reimbursable state-mandated local program costs. The Controller shall not recover any amount owed by a school district or community college district pursuant to an audit of claimed reimbursable state-mandated local program costs by reducing any amount owed a school district or community college district for any purpose other than amounts owed for any other mandate claims. The Controller shall apply amounts received by each school district or community college district against any balances of unpaid claims for reimbursement of state-mandated local program costs and interest in chronological order beginning with the earliest claim. The Controller shall report to each school district and community college district the amounts of any claims and interest that are offset from funds provided pursuant to this section and shall report a summary of the amounts offset for each mandate for each fiscal year to the Department of Finance and the fiscal committees of each house of the Legislature. (e) (1) The governing board of a school district or community college district may expend the one-time funds received pursuant to this section for any purpose, as determined by the governing board of the school district or community college district. (2) It is the intent of the Legislature that school districts shall prioritize the use of these one-time funds for deferred maintenance, professional development for educators, induction for beginning teachers with a focus on relevant mentoring, instructional materials, technology infrastructure, and any other investments necessary to support implementation of the common core standards in English language arts and mathematics, the implementation of English language development standards, and the implementation of the Next Generation Science standards. (3) It is the intent of the Legislature that community college districts shall prioritize the use of these one-time funds for professional development, campus security infrastructure, technology infrastructure, and developing open education resources and zero-textbook-cost degrees. (f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, six hundred thirty-five million seven hundred twenty-one thousand dollars ($635,721,000) of the appropriations made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2014–15 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2014–15 fiscal year. (g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, twenty-nine million four hundred fifty-one thousand dollars ($29,451,000) of the appropriations made by paragraph (2) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202 of the Education Code, for the 2014–15 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2014–15 fiscal year. (h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, three hundred nine million eight hundred sixty-eight thousand dollars ($309,868,000) of the appropriations made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2015–16 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2015–16 fiscal year. (i) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, seventy-six million fifty thousand dollars ($76,050,000) of the appropriations made by paragraph (2) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202 of the Education Code, for the 2015–16 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2015–16 fiscal year. (Added by Stats. 2016, Ch. 29, Sec. 31. (SB 828) Effective June 27, 2016.) - 17581.96. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section appropriates $876,581,000 for school funding and directs how the Superintendent and Controller must allocate, apply, offset, and report on those funds.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17581.96. (a) (1) For the 2017–18 fiscal year, the sum of eight hundred seventy-six million five hundred eighty-one thousand dollars ($876,581,000) is hereby appropriated from the General Fund to the State Department of Education for transfer by the Controller to Section A of the State School Fund. The Superintendent of Public Instruction shall allocate those funds to school districts and county superintendents of schools in the manner, and for the purposes, set forth in this section. (2) For purposes of this section, a “school district” includes a county office of education and a charter school. (b) The Superintendent of Public Instruction shall allocate the funds appropriated pursuant to paragraph (1) of subdivision (a) to school districts on the basis of an equal amount per unit of regular average daily attendance, as those average daily attendance numbers are reported at the time of the second principal apportionment for the 2016–17 fiscal year. (c) Allocations made pursuant to this section shall first satisfy any outstanding claims pursuant to Section 6 of Article XIII B of the California Constitution for reimbursement of state-mandated local program costs for any fiscal year. Notwithstanding Section 12419.5 and any amounts that are paid in satisfaction of outstanding claims for reimbursement of state-mandated local program costs, the Controller may audit any claim as allowed by law, and may recover any amount owed by school districts pursuant to an audit only by reducing amounts owed by the state to school districts for any other mandate claims. Under no circumstances shall a school district be required to remit funding back to the state to pay for disallowed costs identified by a Controller audit of claimed reimbursable state-mandated local program costs. The Controller shall not recover any amount owed by a school district pursuant to an audit of claimed reimbursable state-mandated local program costs by reducing any amount owed a school district for any purpose other than amounts owed for any other mandate claims. The Controller shall apply amounts received by each school district against any balances of unpaid claims for reimbursement of state-mandated local program costs and interest in chronological order beginning with the earliest claim. The Controller shall report to each school district the amounts of any claims and interest that are offset from funds provided pursuant to this section and shall report a summary of the amounts offset for each mandate for each fiscal year to the Department of Finance and the fiscal committees of each house of the Legislature. (d) (1) The governing board of a school district may expend the one-time funds received pursuant to this section for any purpose, as determined by the governing board of the school district. (2) It is the intent of the Legislature that school districts shall prioritize the use of these one-time funds for deferred maintenance, professional development for educators, induction for beginning teachers with a focus on relevant mentoring, instructional materials, technology infrastructure, and any other investments necessary to support implementation of the common core standards in English language arts and mathematics, the implementation of English language development standards, and the implementation of the Next Generation Science standards. (e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2017–18 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2017–18 fiscal year. (Added by Stats. 2017, Ch. 15, Sec. 67. (AB 99) Effective June 27, 2017.) - 17581.97. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. )
This section directs a $697,759,000 appropriation to school district funding, sets how the Superintendent must allocate it, and limits how the Controller may withhold, transfer, audit, and recover amounts.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 2. Specific Costs Mandated by the State [17575 - 17581.97] ( Article 2 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17581.97. (a) (1) For the 2018–19 fiscal year, the sum of six hundred ninety-seven million seven hundred fifty-nine thousand dollars ($697,759,000) is hereby appropriated from the General Fund to the Controller for transfer to Section A of the State School Fund for allocation by the State Department of Education to school districts in the manner, and for the purposes, set forth in this section. (2) For purposes of this section, a “school district” includes a county office of education and a charter school. (b) The Superintendent of Public Instruction shall allocate the funds appropriated pursuant to paragraph (1) of subdivision (a) to school districts on the basis of an equal amount per unit of regular average daily attendance, as those average daily attendance numbers are reported at the time of the second principal apportionment for the 2017–18 fiscal year. (c) (1) If a school district is required to repay claims disallowed under the School-Based Medi-Cal Administrative Activities program for the 2009–10 fiscal year to the 2015–16 fiscal year, inclusive, the Controller shall, upon notification from the Department of Finance, withhold the specified amounts owed by the applicable school district from the allocations made to those school districts pursuant to subdivision (b). (2) The Controller shall transfer the amounts withheld in paragraph (1) to the General Fund as reimbursement of the payments made by the state in the 2017–18 fiscal year and the 2018–19 fiscal year to the federal Centers for Medicare and Medicaid Services on behalf of those school districts. (d) Allocations made pursuant to subdivision (b), less any amount withheld pursuant to subdivision (c), shall first satisfy any outstanding claims pursuant to Section 6 of Article XIII B of the California Constitution for reimbursement of state-mandated local program costs for any fiscal year. Notwithstanding Section 12419.5 and any amounts that are paid in satisfaction of outstanding claims for reimbursement of state-mandated local program costs, the Controller may audit any claim as allowed by law, and may recover any amount owed by school districts pursuant to an audit only by reducing amounts owed by the state to school districts for any other mandate claims. Under no circumstances shall a school district be required to remit funding back to the state to pay for disallowed costs identified by a Controller audit of claimed reimbursable state-mandated local program costs. The Controller shall not recover any amount owed by a school district pursuant to an audit of claimed reimbursable state-mandated local program costs by reducing any amount owed a school district for any purpose other than amounts owed for any other mandate claims. The Controller shall apply amounts received by each school district against any balances of unpaid claims for reimbursement of state-mandated local program costs and interest in chronological order beginning with the earliest claim. The Controller shall report to each school district the amounts of any claims and interest that are offset from funds provided pursuant to this section, and shall report a summary of the amounts offset for each mandate for each fiscal year to the Department of Finance and the fiscal committees of the Legislature. (e) (1) The governing board of a school district may expend the one-time funds allocated pursuant to this section for any purpose. (2) It is the intent of the Legislature that school districts shall prioritize the use of these one-time funds for professional development, induction for beginning teachers with a focus on relevant mentoring, instructional materials, technology infrastructure, employee benefits, and any other investments necessary to support implementation of the common core academic content standards in English language arts and mathematics, the implementation of English language development standards, and the implementation of the Next Generation Science standards. (f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, one hundred three million three thousand dollars ($103,003,000) of the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2016–17 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2016–17 fiscal year. (g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, two hundred ninety-four million seven hundred fifty-six thousand dollars ($294,756,000) of the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2017–18 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2017–18 fiscal year. (h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, three hundred million dollars ($300,000,000) of the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2018–19 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2018–19 fiscal year. (Amended by Stats. 2018, Ch. 426, Sec. 33. (AB 1840) Effective September 17, 2018.) - 176. Verify source ↗
## 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 3.5. Colorado River Boundary Compact [175 - 176] ( Heading of Article 3.5 renamed from Chapter 3.5 (as added by Stats. 1963, Ch. 859), and placed in Chapter 1, by Stats. 1967, Ch. 123. )
This section sets out the Arizona-California Colorado River boundary compact and describes how the boundary is to be fixed by surveyed points.
## 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 3.5. Colorado River Boundary Compact [175 - 176] ( Heading of Article 3.5 renamed from Chapter 3.5 (as added by Stats. 1963, Ch. 859), and placed in Chapter 1, by Stats. 1967, Ch. 123. ) ## 176. The provisions of the interstate compact between the States of Arizona and California referred to in Section 175 are as follows: Interstate Compact Defining the Boundary Between the States of Arizona and California Article I.Purpose. The boundary between the States of Arizona and California on the Colorado River has become indefinite and uncertain because of meanderings in the main channel of the Colorado River with the result that a state of confusion exists as to the true and correct location of the boundary, and the enforcement and administration of the laws of the two states and of the United States have been rendered difficult. The purpose of this compact is to fix by reference to stations of longitude and latitude the location of the boundary line between Arizona and California on the Colorado River from the southern boundary of the State of Nevada to the point on the international boundary which is common to the boundaries of Arizona and California and the United Mexican States. Article II.Description. The boundary between the States of Arizona and California on the Colorado River from the point where the oblique boundary between California and Nevada intersects the thirty-fifth degree of north latitude, said point being common to the boundaries of the States of Arizona, California and Nevada, to the point on the international boundary which is common to the boundaries of Arizona, California and the United Mexican States, shall be in accordance with the following description in general terms of 34 points on the boundary: General Description of Boundary Between Arizona and California Point No. 1. The intersection of the boundary line common to California and Nevada and the centerline of the channel of the Colorado River as constructed by the U.S. Bureau of Reclamation, said point being common to the boundaries of Arizona, California, and Nevada, where the 35th degree of north latitude intersects the centerline of said channel; thence downstream along and with the centerline of said channel to the southerly end of said construction to Point No. 2, which is located in the center of the channel of the Colorado River approximately one-half mile northerly from the A.T.&S.F. Railway Bridge at Topock; thence downstream on a straight line to Point No. 3, which lies in the Colorado River vertically below the centerline of the A.T.&S.F. Railway tracks at a point midway face-to-face of abutments of the A.T.&S.F. Railway Bridge at Topock, Arizona; thence on a straight line downstream to Point No. 4, which lies in the Colorado River vertically below the centerline of U.S. Highway 66 at a point where said centerline intersects the center of the center pier of the highway bridge; thence on a straight line to Point No. 5, which lies in the Colorado River vertically below the center of the span of the gas line bridge owned by the El Paso Natural Gas Co. and the Pacific Gas and Electric Co., crossing the Colorado River at Topock, Arizona; thence downstream in a southerly direction through Havasu Lake along a line midway between the right and left shore lines of said lake as they exist at mean operating level (elevation 448.00 above Mean Sea Level), as controlled at Parker Dam to Point No. 6, which is the center of the overflow section of Parker Dam across the Colorado River; thence downstream midway between the shore lines on the right and left banks of the Colorado River to Point No. 7, which lies in the center of the Colorado River approximately 2,050 feet upstream from the earthfill of Headgate Rock Dam; thence on a straight line to Point No. 8, which is the center of the earthfill of Headgate Rock Dam; thence on a straight line to Point No. 9, which lies on the centerline of the river approximately 3,625 feet westerly from Point No. 8; thence on a straight line to Point No. 10, which lies in the center of the Colorado River at a point where the parallel of 34° 10´ north latitude intersects said centerline; thence on a straight line to Point No. 11, which lies in the Colorado River vertically below the centerline of Arizona Highway No. 72 midway between the abutments of the highway bridge; then down the Colorado River midway between the right and left shore lines across islands which may exist between those water lines to Point No. 12, which is at the center of the earthfill section of the Palo Verde Diversion Dam; thence down the Colorado River midway between the shore lines on the right and left banks to Point No. 13, which is vertically below the center of the center span of the highway bridge across the Colorado River at Ehrenberg, Arizona (U.S. Highway 60-70); thence down the Colorado River midway between the shore lines on the right and left banks to Point No. 14, which is the center of the Cibola Bridge midway between abutments; thence down the Colorado River midway between the shore lines on the right and left banks, ignoring future channelization by the U.S. Bureau of Reclamation to Point No. 15, which lies on the centerline of the Colorado River approximately 8,400 feet northward of the center of the overflow section of Imperial Dam; thence on a straight line to Point No. 16, which is the center of the overflow section of Imperial Dam; thence on a straight line normal to the longitudinal axis of Imperial Dam to Point No. 17, which lies at the intersection of the last described line with a line extending northeasterly from the center of the overflow section of Laguna Dam and normal to the longitudinal axis of the said Laguna Dam; thence southeasterly on a straight line to Point No. 18, which is at the center of the overflow section of Laguna Dam; thence on a straight line to Point No. 19, which lies on the centerline of the Colorado River approximately 5,800 feet southwesterly of Point 18; thence down the Colorado River midway between the shore lines on the right and left banks, around a curve to the eastward to Point No. 20, which lies on the centerline of the Colorado River where said centerline intersects the section line between Sections 4 and 9, Township 8 South, Range 22 West, Gila and Salt River Meridian; thence departing from the river on a westerly course along the extension of the above-mentioned section line about 0.65 mile to Point No. 21, which will be the northwest corner of the northeast quarter of Section 8, Township 8 South, Range 22 West, Gila and Salt River Meridian, which shall be resurveyed in establishing this boundary; thence southerly along the centerline of said Section 8 about one-half mile to Point No. 22, which is the northeast corner of the southwest quarter of Section 8, Township 8 South, Range 22 West, Gila and Salt River Meridian; thence westerly about one and one-half miles to Point No. 23, which is the west quarter corner of Section 7, Township 8 South, Range 22 West, Gila and Salt River Meridian; thence southerly about one-half mile to Point No. 24, which is the southwest corner of Section 7, Township 8 South, Range 22 West, Gila and Salt River Meridian; thence westerly about one mile to Point No. 25, which is the southwest corner of Section 12, Township 8 South, Range 23 West, Gila and Salt River Meridian, thence southerly about one-half mile to Point No. 26, which is the west quarter corner of Section 13, Township 8 South, Range 23 West, Gila and Salt River Meridian; thence westerly about 1.93 miles to Point No. 27, which lies on the east shoulder of the north-south road through the Indian School approximately 370 feet due east of the northwest corner of the southwest quarter of the southwest quarter of Section 25, Township 16 South, Range 22 East, San Bernardino Meridian; thence southerly along and with the easterly shoulder line of the said north-south road approximately 700 feet to Point No. 28, which lies on the easterly shoulder line of said north-south road due east of the northeast corner of the stone retaining wall around the Indian School Hospital; thence due west to Point No. 29, which is the base of the northeast corner of said retaining wall; thence southerly along and with the westerly shoulder of said north-south road to Point No. 30, which lies on the westerly shoulder line of said north-south road 330 feet south of and approximately 110 feet east of the northeast corner of Section 35, Township 16 South, Range 22 East, San Bernardino Meridian; thence due west approximately 110 feet to Point No. 31, which lies on the east line of Section 35, Township 16 South, Range 22 East, San Bernardino Meridian, exactly 330 feet south of the northeast corner of said Section 35, thence southerly along the east line of said Section 35 to Point No. 32, which lies at the center of the Colorado River, i.e., midway between the north and south shore lines just downstream from the centerline of the old U.S. Highway 80 Bridge across the Colorado River; thence down the center line of the Colorado River midway between the shore lines on the right and left banks to Point No. 33, which is a point in the Colorado River vertically below the center of the new U.S. Highway 80 Bridge; thence down the centerline of the Colorado River midway between the shore lines on the right and left banks to Point No. 34, which is the intersection of the centerline of the Colorado River and the International Boundary Line between California and the United Mexican States, which point is common to the boundaries of Arizona, the United Mexican States, and California. These points will be marked on existing bridges and dams and where appropriate will be monumented. Between each of these points will be a number of subpoints not monumented. The total number of points and subpoints will approximate 234. The United States Coast and Geodetic Survey will locate the above-mentioned 34 points on the boundary by precise geodetic surveys. The Coast and Geodetic Survey will locate the remaining approximately 200 unmonumented subpoints by precise photogrammetric methods and will provide a list of the geographic positions and state coordinate positions (transverse Mercator system for Arizona and Lambert system for California) of each of the 234 points on the boundary. The approximately 200 unmonumented subpoints will be identified on copies of the aerial photographs by the State of Arizona and California to define the boundary; the Coast and Geodetic Survey will then locate the points so identified by analytic aerotriangulation (photogrammetric methods). When the survey and boundary description has been completed by the United States Coast and Geodetic Survey and the Boundary Commissions of Arizona and California have each certified that it is in conformity with the General Description of Boundary between Arizona and California set forth herein, it shall be attached hereto and marked Exhibit “A” and made a part hereof as though fully incorporated herein as the permanent description of the boundary between the states of Arizona and California. Article III.Ratification and Effective Date. This compact shall become operative when it has been ratified and approved by the legislatures of the states of Arizona and California, and approved by the Congress of the United States. Executed in duplicate this 12th day of March, A.D., One Thousand Nine Hundred and Sixty-three, at Sacramento, California. FOR THE STATE OF ARIZONA FOR THE STATE OF CALIFORNIA /s/ WAYNE M. AKIN /s/ F. J. HORTIG WAYNE M. AKIN Chairman of the Arizona Interstate Stream Commission, Chairman F. J. HORTIG Executive Officer, State Lands Commission, Chairman /s/ ROBERT W. PICKRELL /s/ STANLEY MOSK ROBERT W. PICKRELL Attorney General, Member STANLEY MOSK Attorney General, Member /s/ OBED M. LASSEN /s/ WILLIAM E. WARNE OBED M. LASSEN State Land Commissioner, Member WILLIAM E. WARNE Director, Department of Water Resources, Member ATTESTED: /s/ HOWARD F. THOMPSON ATTESTED: /s/ BERRIEN E. MOORE HOWARD F. THOMPSON Executive Secretary Colorado River Boundary Commission of Arizona BERRIEN E. MOORE, Executive Secretary Colorado River Boundary Commission of California (Added by Stats. 1963, Ch. 859.) - 17600. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 3. Reports to the Legislature [17600 - 17604] ( Article 3 added by Stats. 1984, Ch. 1459, Sec. 1. )
The commission must report to the Legislature at least twice each year on mandates it has found and their estimated statewide costs.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 3. Reports to the Legislature [17600 - 17604] ( Article 3 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17600. (a) At least twice each calendar year the commission shall report to the Legislature on the number of mandates it has found pursuant to Article 1 (commencing with Section 17550) and the estimated statewide costs of these mandates. This report shall identify the statewide costs estimated for each mandate and the reasons for recommending reimbursement. (b) The commission shall also include the following in the report required by subdivision (a): (1) The status of pending parameters and guidelines that include proposed reasonable reimbursement methodologies, as defined in Section 17518.5. (2) The status of joint proposals between the Department of Finance and a local agency or school district to develop reasonable reimbursement methodologies and statewide estimates of costs in lieu of parameters and guidelines, pursuant to Sections 17557.1 and 17557.2. (3) The status of joint proposals between the Department of Finance and a local agency or school district to develop legislatively determined mandate reimbursements, pursuant to Sections 17572 to 17574.5, inclusive. (4) Any delays in the processes described in paragraphs (1) to (3), inclusive. (Amended by Stats. 2010, Ch. 699, Sec. 2.5. (SB 894) Effective January 1, 2011.) - 17601. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 3. Reports to the Legislature [17600 - 17604] ( Article 3 added by Stats. 1984, Ch. 1459, Sec. 1. )
The commission must report to the Legislature every January 15, starting January 15, 1986, about how many claims it denied in the prior calendar year and why those claims were denied.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 3. Reports to the Legislature [17600 - 17604] ( Article 3 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17601. The commission shall report to the Legislature on January 15, 1986, and each January 15 thereafter, on the number of claims it denied during the preceding calendar year and the basis on which the particular claims were denied. (Added by Stats. 1984, Ch. 1459, Sec. 1.) - 17602. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 3. Reports to the Legislature [17600 - 17604] ( Article 3 added by Stats. 1984, Ch. 1459, Sec. 1. )
The commission must report to the Legislature each year by January 15 on incorrect reduction claims decided in the prior calendar year and whether the reduction was upheld or overturned.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 3. Reports to the Legislature [17600 - 17604] ( Article 3 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17602. On or before January 15, 2007, and on or before each January 15 thereafter, the commission shall report to the Legislature the number of individual and consolidated incorrect reduction claims decided during the preceding calendar year and whether and why the reduction was upheld or overturned. (Added by Stats. 2006, Ch. 168, Sec. 3. Effective January 1, 2007.) - 17604. Verify source ↗
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 3. Reports to the Legislature [17600 - 17604] ( Article 3 added by Stats. 1984, Ch. 1459, Sec. 1. )
The Department of Finance must convene a working group, conduct surveys of county election officials in certain election years, and report findings and survey results to the Legislature by specified deadlines.
## 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 7. STATE-MANDATED LOCAL COSTS [17500 - 17630] ( Part 7 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## CHAPTER 4. Identification and Payment of Costs Mandated by the State [17550 - 17617] ( Chapter 4 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## ARTICLE 3. Reports to the Legislature [17600 - 17604] ( Article 3 added by Stats. 1984, Ch. 1459, Sec. 1. ) ## 17604. (a) The Department of Finance, in collaboration with the Secretary of State and the Legislative Analyst’s Office, shall convene a working group to evaluate alternatives for funding election-related state mandates. The working group shall commence no later than September 1, 2015. By September 1, 2016, the Department of Finance shall submit to the Legislature a report that summarizes the findings of the working group, including recommendations to the Legislature. (b) (1) The Department of Finance shall conduct a survey of county election officials during years in which a statewide general election is held pursuant to Section 1200 of the Elections Code to determine whether or not counties are carrying out the requirements set forth in the following state mandates: (A) Absentee ballots. (B) Absentee ballots tabulation by precinct. (C) Modified primary election. (D) Permanent absentee voters II. (E) Voter identification procedures. (F) Voter registration procedures. (2) The Department of Finance shall report the results of the survey to the Legislature by each April 1 following a statewide general election. (c) A report to be submitted pursuant to subdivisions (a) and (b) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2015, Ch. 25, Sec. 31. (SB 84) Effective June 24, 2015.)
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