Government Code — Part 56 | GOV — United States — California law | Esheria

Government Code

Part 56 of 107 · provisions 11,001–11,200

This act is named the Government Code.

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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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Provisions of Government Code

Showing 200 of 21,333

  1. 4455.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. )

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    The Department of Rehabilitation must educate the public and work with local officials, private architects, designers, planners, and others to promote accessible and usable buildings, facilities, and improved areas for handicapped persons.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. ) ## 4455. The Department of Rehabilitation shall be responsible for educating the public and working with officials of cities, counties, municipalities, and other political subdivisions, private architects, designers, planners, and other interested parties in order to encourage and help them make all buildings, facilities, and improved areas accessible to and usable by handicapped persons for purposes of rehabilitation, employment, business, recreation, and all other aspects of normal living. (Added by Stats. 1970, Ch. 701.)
  2. 4455.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. )

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    New elevators in public buildings or facilities must have braille symbols and marked Arabic numerals next to the elevator-button numerals, and new elevator-floor door casings must show the floor number in braille and marked Arabic numerals on both sides.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. ) ## 4455.5. All new elevators in public buildings or facilities after the operative date of the act that amended this section during the first year of the 1979–80 Regular Session shall have braille symbols and marked arabic numerals corresponding to the numerals on the elevator buttons embossed immediately to the left thereof. All new door casings on all elevator floors after the operative date of this section shall have the number of the floor on which the casing is located embossed in braille symbols and marked arabic numerals on both sides at a height of approximately 60 inches from the floor. (Amended by Stats. 1979, Ch. 273.)
  3. 4456.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. )

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    Older buildings and facilities must comply with this chapter when they are altered, structurally repaired, or added to, but only for the part being worked on.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. ) ## 4456. After the effective date of this section, any building or facility which would have been subject to this chapter but for the fact it was constructed prior to November 13, 1968, shall comply with the provisions of this chapter when alterations, structural repairs or additions are made to such building or facility. This requirement shall only apply to the area of specific alteration, structural repair or addition and shall not be construed to mean that the entire structure or facility is subject to this chapter. (Added by Stats. 1971, Ch. 1458.)
  4. 4457.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. )

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    School districts must ensure portable buildings they buy, lease, or build meet this chapter’s requirements, starting on or after January 1, 1986, subject to a Section 4451(f) exception.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. ) ## 4457. On or after January 1, 1986, all portable buildings purchased, leased, or constructed by a school district shall meet the requirements of this chapter, except as provided in subdivision (f) of Section 4451. (Repealed and added by Stats. 1985, Ch. 550, Sec. 2.)
  5. 4458.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. )

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    Specified public prosecutors may sue to stop violations of this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. ) ## 4458. The district attorney, the city attorney, the county counsel if the district attorney does not bring an action, or the Attorney General may bring an action to enjoin a violation of this chapter. (Amended by Stats. 2003, Ch. 872, Sec. 1. Effective January 1, 2004.)
  6. 4459.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. )

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    The State Architect must submit building-regulation amendments to the California Building Standards Commission, and accessibility rules may be changed only for specified alignment purposes. The Department of General Services must use certain Disability Access Account fees for chapter purposes and include related costs in plan review fees.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. ) ## 4459. (a) The State Architect shall develop amendments for building regulations and submit them to the California Building Standards Commission for adoption to ensure that no accessibility requirements of the California Building Standards Code shall be modified except as necessary for (1) aligning with existing state regulations that provide greater accessibility and features, or (2) meeting federal minimum accessibility standards of the federal Americans with Disabilities Act of 1990 as adopted by the United States Department of Justice, the Uniform Federal Accessibility Standards, and the federal Architectural Barriers Act, or (3) aligning with a provision improving accessibility and adopted in a national specification, published standard, or model code. (b) The Department of General Services shall use fees deposited in the Disability Access Account established in Section 4454 for the purposes identified in this chapter. The department shall include the cost of carrying out the responsibilities identified in this chapter as part of the plan review costs in determining fees. (c) Notwithstanding any other provision of law, the application and scope of accessibility regulations in the California Building Standards Code shall not be less than the application and scope of accessibility requirements of the federal Americans with Disabilities Act of 1990 as adopted by the United States Department of Justice, the Uniform Federal Accessibility Standards, and the federal Architectural Barriers Act. (Amended by Stats. 2024, Ch. 853, Sec. 23. (AB 3281) Effective January 1, 2025.)
  7. 4459.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. )

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    The State Architect must create and publicize a voluntary certification program for certified access specialists and set the minimum criteria for certification by January 1, 2005.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. ) ## 4459.5. (a) The State Architect shall establish and publicize a program for voluntary certification by the state of any person who meets specified criteria as a certified access specialist. No later than January 1, 2005, the State Architect shall determine minimum criteria a person is required to meet in order to be a certified access specialist, which may include knowledge sufficient to review, inspect, or advocate universal design requirements, completion of specified training, and testing on standards governing access to buildings for persons with disabilities. (b) The State Architect may implement the program described in subdivision (a) with startup funds derived, as a loan, from the reserve of the Public School Planning, Design, and Construction Review Revolving Fund, upon appropriation by the Legislature. That loan shall be repaid when sufficient fees have been collected pursuant to Section 4459.8. (Amended by Stats. 2008, Ch. 549, Sec. 6. Effective January 1, 2009.)
  8. 4459.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. )

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    The State Architect must appoint an ad hoc advisory committee to help develop certification requirements for access specialists.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. ) ## 4459.6. The State Architect shall appoint an ad hoc advisory committee to assist in developing the requirements for certification as access specialists pursuant to Section 4459.5. This committee shall include individuals with disabilities, and a representative from each of the following: (a) The Governor. (b) The Secretary of Health and Human Services. (c) The Attorney General. (d) Local government. (e) Architects. (f) Building inspectors. (g) Business. (Added by Stats. 2003, Ch. 872, Sec. 3. Effective January 1, 2004.)
  9. 4459.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. )

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    The State Architect must publish and update public CASp-related lists, and certified access specialists must give the State Architect access to inspection records, except proprietary and confidential information.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. ) ## 4459.7. (a) (1) No later than October 31 of each year, the State Architect shall publish and make available to the public a list of certified access specialists who have met the requirements of Section 4459.5. (2) The State Architect shall publish and regularly update on its Internet Web site easily accessible lists of all of the following: (A) Businesses that have obtained a CASp inspection and have filed, or a CASp has filed on their behalf, a notice pursuant to paragraph (4) of subdivision (a) of Section 55.53 of the Civil Code. (B) Businesses which have been inspected by a certified access specialist on or after January 1, 2017, including the date of the inspection. (3) The lists required pursuant to this section shall include a written disclaimer of liability as specified in subdivision (b). (b) Notwithstanding any other provision of law, a state agency or employee of a state agency may not be held liable for any injury or damages resulting from any service provided by a certified access specialist whose name appears on the list published pursuant to subdivision (a). (c) The State Architect may perform periodic audits of work performed by a certified access specialist as deemed necessary to ensure the desired standard of performance. A certified access specialist shall provide an authorized representative of the State Architect with complete access, at any reasonable hour of the day, to all technical data, reports, records, photographs, design outlines and plans, and files used in building inspection and plan review, with the exception of proprietary and confidential information. (d) By January 1, 2017, the State Architect shall develop a process by which a certified access specialist (CASp) may notify the State Architect that a structure or area on the premises of a business has been inspected by a CASp and to notify the public that the business has a “CASp determination pending,” or has been “Inspected by a CASp,” as provided by paragraph (3) of subdivision (g) of Section 55.56 of the Civil Code, which shall include the name and address of the business, the date of the notification, the date of the inspection of the business, the name and license number of the CASp, and a description of the structure or area inspected by a CASp. (e) By January 1, 2017, the State Architect shall develop a form for a business to notify the public that the business has obtained a CASp inspection pursuant to paragraph (3) of subdivision (g) of Section 55.56 of the Civil Code, which shall include the date of the notification, the date of the inspection, and a description of the structure or area inspected by a CASp. (f) For purposes of this section, the “structure or area inspected” means one of the following: the interior of the premises, the exterior of the premises, or both the interior and exterior. (Amended by Stats. 2016, Ch. 13, Sec. 3. (SB 269) Effective May 10, 2016.)
  10. 4459.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. )

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    This section makes certified access specialist certification last three years unless renewed, lets the State Architect suspend or refuse renewal in some cases, and requires applicants and renewal applicants to pay fees and provide their service location to the State Architect.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. ) ## 4459.8. (a) The certification authorized by Section 4459.5 is effective for three years from the date of initial certification and expires if not renewed. The State Architect, upon consideration of any factual complaints regarding the work of a certified access specialist or of other relevant information, may suspend certification or deny renewal of certification. (b) (1) The State Architect shall require each applicant for certification as a certified access specialist to do both of the following: (A) Pay fees, including an application and course fee and an examination fee, at a level sufficient to meet the costs of application processing, registration, publishing a list, and other activities that are reasonably necessary to implement and administer the certified access specialist program. (B) Provide to the State Architect the name of the city, county, or city and county in which the applicant intends to provide services. (2) The State Architect shall require each applicant for renewal of certification to do both of the following: (A) Pay a fee sufficient to cover the reasonable costs of reassessing qualifications of renewal applicants. (B) Provide to the State Architect the name of the city, county, or city and county in which the applicant has provided services since the last day of certification by the State Architect. (3) The State Architect shall periodically review his or her schedule of fees to ensure that the fees for certification are not excessive while covering the costs to administer the certified access specialist program. The application fee for a California licensed architect, landscape architect, civil engineer, or structural engineer shall not exceed two hundred fifty dollars ($250). (c) All fees collected pursuant to this section shall be deposited into the Certified Access Specialist Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340, this fund is continuously appropriated without regard to fiscal years for use by the State Architect to implement Sections 4459.5 to 4459.8, inclusive. (d) The State Architect shall post on his or her Internet Web site the name of the city, county, or city and county in which each certified access specialist provides or intends to provide services. (Amended by Stats. 2016, Ch. 13, Sec. 4. (SB 269) Effective May 10, 2016.)
  11. 446.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Seal of the Assembly [445 - 447] ( Chapter 5 added by Stats. 1968, Ch. 512. )

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    If the Assembly Seal is prepared in color, specific parts of the seal must use specified colors and Cable numbers.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Seal of the Assembly [445 - 447] ( Chapter 5 added by Stats. 1968, Ch. 512. ) ## 446. When the Seal of the Assembly is prepared in color, the following colors shall be used: The outer circle and the words “California State Assembly” shall be Gold, Cable No. 70157; the second circle shall be White, Cable No. 70001; the third circle shall be Gold, Cable No. 70157; the field of the seal shall be Independence Blue, Cable No. 70076; the poppies, bear, gavel, and column shall be Gold, Cable No. 70157 and Bronze, Cable No. 70159; the palm tree shall be shades of Gold, Cable No. 70157 and Bronze, Cable No. 70159, with fronds of Hunter, Cable No. 70064 and Bottle Green, Cable No. 70066; the mountains and clouds shall be White, Cable No. 70001; the mountains shall have shadows of Amethyst, Cable No. 70134; the grass shall be shades of Primitive Green, Cable No. 70167, Hunter, Cable No. 70064, and Graphite Blue, Cable No. 70114; the background for gavel and column shall be Dark Cardinal, Cable No. 70082; the background for the palm tree and mountains shall be Forget-me-not, Cable No. 70012; the scroll shall be White, Cable No. 70001 with borders of Gold, Cable No. 70157; the words “Legislatorum est Justas Leges Condere” and the outlines of the shield shall be Gold, Cable No. 70157. All Cable number colors herein specified are those of the Textile Color Card Association of the United States, Inc., New York. (Added by Stats. 1968, Ch. 512.)
  12. 4460.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. )

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    This section requires certain detectable warning products and directional surfaces to be evaluated and approved, sets fee payment and program rules, defines “significant degradation,” and lets the Department of General Services grant exceptions for justifiable cause.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. ) ## 4460. (a) The Legislature finds and declares that it is essential that detectable warning and directional surfaces comply with the California Building Standards Code in order to ensure that those products are adequate to meet the safety and accessibility needs of the blind and visually impaired. (b) All detectable warning products and directional surfaces installed after January 1, 2001, shall be evaluated by an independent entity, selected by the Department of General Services, Division of the State Architect, in consultation with the Department of Housing and Community Development when the products and surfaces may be mandated for use in residential housing, that shall issue and register a two-year product approval, renewable upon reevaluation at two-year intervals thereafter. The approval shall include conformation with architectural standards published in the California Building Standards Code as well as durability criteria appropriate for the type of installation, established by the Department of General Services, Division of the State Architect, in consultation with the Department of Housing and Community Development when the products and surfaces may be mandated for use in residential housing. The codes developed by the Department of General Services pursuant to this section shall ensure that shape, color fastness, confirmation, sound-on-cane acoustic quality, resilience, and attachment will not degrade significantly for at least five years. The Department of General Services, Division of the State Architect, shall impose fees to recover administrative and code development costs, as necessary, to develop standards and administer the registration and approval program. The fees shall be paid by manufacturers of detectable warning products and directional surfaces. All fees shall be deposited in the Access for Handicap Account created pursuant to Section 4454 and may be expended for costs incurred by the Department of General Services, Division of the State Architect, in performance of the requirements of this section. As used in this section, “significant degradation” means that the product maintains at least 90 percent of its approved design characteristics. The Department of General Services may provide exceptions to this section for justifiable cause pursuant to Section 4451. (c) The independent entity selected by the Department of General Services, Division of the State Architect, shall be recognized as having appropriate expertise in determining whether products governed by this section comply with the California Building Standards Code. (Added by Stats. 1999, Ch. 386, Sec. 1. Effective January 1, 2000.)
  13. 4461.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. )

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    In certain California appellate proceedings involving specified public-building accessibility sections, each party must serve its brief or petition on the State Solicitor General.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461] ( Chapter 7 added by Stats. 1968, Ch. 261. ) ## 4461. If a violation of Section 4450, 4450.5, 4451, 4452, 4453.5, 4454, 4455, 4455.5, 4456, 4457, 4459, or 4460 is alleged or the application or construction of any of these sections is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each party shall serve a copy of the party’s brief or petition and brief, on the State Solicitor General at the Office of the Attorney General. No brief may be accepted for filing unless the proof of service shows service on the State Solicitor General. Any party failing to comply with this requirement shall be given a reasonable opportunity to cure the failure before the court imposes any sanction and, in that instance, the court shall allow the Attorney General reasonable additional time to file a brief in the matter. (Added by Stats. 2002, Ch. 244, Sec. 3. Effective January 1, 2003.)
  14. 4465.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. Disability Access and Education [4465 - 4470] ( Chapter 7.5 added by Stats. 2012, Ch. 383, Sec. 15. )

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    The Division of the State Architect must establish and use a fund to improve disability access compliance, oversee the certified access specialist program, and develop educational resources, with help from specified agencies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. Disability Access and Education [4465 - 4470] ( Chapter 7.5 added by Stats. 2012, Ch. 383, Sec. 15. ) ## 4465. (a) There is hereby established in the Division of the State Architect a Disability Access and Education Revolving Fund, as set forth in Section 4470, for the purpose of increasing disability access and compliance with construction-related accessibility requirements by the following means: (1) Increasing the number of private and public certified access specialists available to assist building owners and tenants to understand and comply with construction-related accessibility requirements by using some of the funds to moderate some of the costs of certification and testing. (2) Establishing and maintaining oversight of the certified access specialist program, including, but not limited to, adopting best practices guidelines for certified access specialists, providing continuing education on construction-related accessibility requirements, and performing its audit and discipline functions under Sections 4459.7 and 4459.8. (3) Increasing outreach efforts and developing educational resources for persons with disabilities and businesses to facilitate compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the Unruh Civil Rights Act (Section 51 of the Civil Code), and Title 24 of the California Code of Regulations, as they relate to providing full and equal access to public facilities for persons with disabilities. (b) In developing educational resources with this fund, emphasis shall be placed on the development and dissemination of educational materials, such as toolkits, modules, and checklists, as appropriate, to facilitate a commercial property owner’s or tenant’s understanding of, and compliance with, the construction-related accessibility requirements. (c) In developing and disseminating educational resources with this fund, the Division of the State Architect shall consult and work with the Department of Rehabilitation and the California Commission on Disability Access, and may contract with those agencies to develop educational resources. It is the intent of the Legislature that any development or dissemination of educational resources under this section shall be coordinated with educational efforts by other state agencies so as to expand the reach and effectiveness of each effort or the combined efforts. (Added by Stats. 2012, Ch. 383, Sec. 15. (SB 1186) Effective September 19, 2012.)
  15. 4467.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. Disability Access and Education [4465 - 4470] ( Chapter 7.5 added by Stats. 2012, Ch. 383, Sec. 15. )

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    Applicants for certain local business licenses, renewals, and some building permits must pay an added fee, and local governments must retain part of the money, fund accessibility programs, and report collections and spending.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. Disability Access and Education [4465 - 4470] ( Chapter 7.5 added by Stats. 2012, Ch. 383, Sec. 15. ) ## 4467. (a) (1) On and after January 1, 2013, through December 31, 2017, inclusive, any applicant for a local business license or equivalent instrument or permit, and from any applicant for the renewal of a business license or equivalent instrument or permit, shall pay an additional fee of one dollar ($1) for that license, instrument, or permit, which shall be collected by the city, county, or city and county that issued the license, instrument, or permit. (2) On and after January 1, 2018, the following shall apply: (A) Any applicant for a local business license or equivalent instrument or permit, and any applicant for the renewal of a business license or equivalent instrument or permit, shall pay an additional fee of four dollars ($4) for that license, instrument, or permit, which shall be collected by the city, county, or city and county that issued the license, instrument, or permit. (B) In any city, county, or city and county that does not issue a business license or an equivalent instrument or permit, an applicant for a building permit shall pay an additional fee of four dollars ($4) for that building permit, which the city, county, or city and county that issued the building permit shall collect. (b) (1) The city, county, or city and county shall retain 90 percent of the fees collected under this section, of which up to 5 percent of the retained moneys may be used for related administrative costs of this chapter. The city, county, or city and county shall deposit the remaining moneys in a special fund, established by the city, county, or city and county to be known as the “Accessibility Compliance Fund.” The moneys in the fund shall be used for increased certified access specialist (CASp) training and certification within that local jurisdiction and to facilitate compliance with construction-related accessibility requirements, to include providing financial assistance to small businesses for construction of physical accessibility improvements. The highest priority shall be given to the training and retention of certified access specialists to meet the needs of the public in the jurisdiction as provided in Section 55.53 of the Civil Code. (c) The remaining amount of all fees collected under this section and not retained by the city, county, or city and county pursuant to subdivision (b) shall be transmitted on a quarterly basis to the Division of the State Architect for deposit in the Disability Access and Education Revolving Fund established under Sections 4465 and 4470. The funds shall be transmitted within 15 days of the last day of the fiscal quarter. The Division of the State Architect shall develop and post on its internet website a standard reporting form for use by all local jurisdictions. Up to 75 percent of the collected funds in the Disability Access and Education Revolving Fund shall be used to establish and maintain oversight of the CASp program and to moderate the expense of CASp certification and testing. (d) Each city, county, or city and county shall make an annual report, commencing March 1, 2014, to the Division of the State Architect of the total fees collected in the previous calendar year and of its distribution, including the moneys spent on administrative services, the activities undertaken and moneys spent to increase CASp services, the activities undertaken and moneys spent to fund programs to facilitate accessibility compliance, including the total amount of financial assistance provided to small businesses for construction of physical accessibility improvements and the number of small businesses that obtained financial assistance for construction of physical accessibility improvements, and the moneys transmitted to the Disability Access and Education Revolving Fund. (e) For purposes of this section, a “small business” is a business that has employed 50 or fewer employees on average over the past three years, or for the years it has been in existence if less than three years, as evidenced by wage report forms filed with the Employment Development Department. (Amended by Stats. 2022, Ch. 895, Sec. 1. (AB 2164) Effective January 1, 2023.)
  16. 4469.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. Disability Access and Education [4465 - 4470] ( Chapter 7.5 added by Stats. 2012, Ch. 383, Sec. 15. )

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    Cities, counties, and city and county governments must give business license and permit applicants disability-access information, and from 2024 onward must also provide a separate mandatory ADA disclosure statement.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. Disability Access and Education [4465 - 4470] ( Chapter 7.5 added by Stats. 2012, Ch. 383, Sec. 15. ) ## 4469. (a) On and after January 1, 2013, each city, county, or city and county shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following information: “Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies: The Division of the State Architect at www.dgs.ca.gov/DSA. The Department of Rehabilitation at www.dor.ca.gov. The California Commission on Disability Access at www.dgs.ca.gov/CCDA.” (b) In addition to the information described in subdivision (a), on and after January 1, 2024, each city, county, or city and county, in a separate document at least 81/2 inches by 11 inches in size, shall provide to an applicant for a business license or equivalent instrument or permit and to an applicant for the renewal of a business license or equivalent instrument or permit, the following statement, the heading and first paragraph of which shall be written in a 28-point font, and the second of which shall be written in an 18-point font: “MANDATORY ADA DISCLOSURE ATTENTION: You may be subject to liability for failure to meet your legal obligation to comply with state and federal disability access laws. The recent issuance or renewal of a business license or equivalent instrument or permit does not mean that your business has been determined to be in compliance with state and federal disability access laws. Please see the attached materials for more information. ENSURING EQUAL ACCESS TO YOUR BUSINESS The State of California wants to ensure that all people have equal access to public and private services. Many people with disabilities do not have equal access to services because many business owners do not take the time to ensure that their businesses are accessible. Some common problems disabled people encounter are: (1) The building has architectural barriers that make it difficult or impossible for someone using a wheelchair, walker, or other mobility device to get inside or move around. (2) The business uses a website that does not work with screen reading devices and other assistive technology. (3) The business does not allow people with disabilities to enter the building with their service animals. (4) The staff do not receive ADA training and do not know about the requirements to modify practices or to provide auxiliary aids and services. As the operator of a business, it is your responsibility to ensure that your business provides equal access to people with disabilities. Refusing to make your business accessible is discrimination under state and federal law. People with disabilities and the government have the right to sue businesses that discriminate. The best way to protect yourself from a lawsuit is to make your business accessible. Here are some important steps you should take: (1) Schedule an inspection with a Certified Access Specialist. A Certified Access Specialist (CASp) is a person who the State of California recognizes as having specialized knowledge of accessibility standards. They can inspect your business and tell you what changes you need to make for your business to be accessible to disabled people. Getting a CASp inspection has important benefits, like giving you extra protection in a lawsuit. To find a CASp in your area, contact the CASp Program at the Division of the State Architect. You can also visit www.dgs.ca.gov/casp. Additionally, you should contact your local government and ask what resources it has to help businesses comply with disability access laws. The State of California makes money available to local governments to create programs that help business owners comply with disability access laws. (2) Learn about accessibility laws from reliable sources. There is a lot of misinformation about accessibility laws. Get information about your rights and responsibilities as a business owner from reliable, trustworthy sources. California has several agencies that provide fact sheets, trainings, and other educational materials about accessibility. In fact, one of these agencies, the California Commission on Disability Access, was created by the Legislature for the purpose of helping businesses comply with accessibility laws. You should contact the following agencies and ask for information on how to comply with accessibility laws: The California Commission on Disability Access: www.dgs.ca.gov/CCDA. The Division of the State Architect: www.dgs.ca.gov/DSA. The Department of Rehabilitation: www.dor.ca.gov. (3) Making your business accessible is good for everyone. It makes your business available to more customers. It also promotes fair and equal access. We thank you for doing your part to help make California a great place for everyone!” (Amended by Stats. 2024, Ch. 80, Sec. 53. (SB 1525) Effective January 1, 2025.)
  17. 4469.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. Disability Access and Education [4465 - 4470] ( Chapter 7.5 added by Stats. 2012, Ch. 383, Sec. 15. )

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    Local agencies that issue certain business licenses or building permits must provide applicants an informational notice with required disability-access information.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. Disability Access and Education [4465 - 4470] ( Chapter 7.5 added by Stats. 2012, Ch. 383, Sec. 15. ) ## 4469.5. (a) In addition to the information required by Section 4469, each city, county, or city and county that issues business licenses, building permits for additions, alterations, and structural repairs to commercial property, or building permits for new construction of commercial property, shall make readily available, and, upon submission to the city, county, or city and county of an application for a business license or building permit, shall provide to the applicant, an informational notice to the applicant containing all of the following: (1) General information about the compliance requirements pursuant to the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and the state’s disability access laws. (2) An advisory to the applicant for a building permit that strongly encourages the applicant to do both of the following: (A) Obtain a consultation by a Certified Access Specialist (CASp) before alteration or construction in order for the property to be in compliance with disability access laws after the work is completed, so that the applicant can benefit from the advantages of compliance. (B) Obtain an inspection by a Certified Access Specialist (CASp) after alteration or construction in order to benefit from the legal protections afforded business and property owners under the Construction-Related Accessibility Compliance Act (Part 2.52 (commencing with Section 55.51) of Division 1 of the Civil Code). (3) An advisory to the applicant for a business license that strongly encourages the applicant to do both of the following: (A) Obtain a consultation by a Certified Access Specialist (CASp) before engaging in business on the premises in order for the property to be in compliance with disability access laws, so that the applicant can benefit from the advantages of compliance. (B) Obtain an inspection by a Certified Access Specialist (CASp) after beginning to engage in business on the premises in order to benefit from the legal protections afforded business and property owners under the Construction-Related Accessibility Compliance Act (Part 2.52 (commencing with Section 55.51) of Division 1 of the Civil Code). (4) Information about how to locate CASp inspectors, including a link to the Internet Web site of the State Architect where CASp inspectors are listed, pursuant to Section 4459.8, by geographic area in which they provide or intend to provide services and information about how to obtain CASp services. (5) A notice of the federal and state programs that are available to assist small businesses with disability compliance and access expenditures, including, but not limited to, Section 44 of the Internal Revenue Code (disabled access credit for eligible small businesses); Section 190 of the Internal Revenue Code (deduction for expenditures to remove architectural and transportation barriers); the California Capital Access Program Americans with Disabilities Act Financing Program (CalCAP/ADA); and the Disabled Access Credit for Eligible Small Businesses specified in Sections 17053.42 and 23642 of the Revenue and Taxation Code. (6) A link to the homepage and the resource page of the California Commission on Disability Access. (b) The informational notice specified in subdivision (a) shall be translated and made available in all of the languages specified in paragraph (3) of subdivision (a) of Section 1632 of the Civil Code and shall be provided to the applicant in whichever format the building permit or business license application is required to be submitted. (c) For purposes of this section, the term “commercial property” means property that is operating, or is intended to be operated, as a “place of public accommodation” as defined in Section 202 of Title 24 of the California Code of Regulations, or as a facility to which the general public is invited at those premises. (d) (1) The Division of the State Architect shall develop a model notice that local agencies can use to comply with the requirements of this section. (2) The Division of the State Architect shall post the model notice on the publicly available portion of the division’s Internet Web site. (Added by Stats. 2018, Ch. 680, Sec. 2. (AB 3002) Effective January 1, 2019.)
  18. 447.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Seal of the Assembly [445 - 447] ( Chapter 5 added by Stats. 1968, Ch. 512. )

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    The Seal of the Assembly must be used only as the Assembly Rules prescribe, and people who misuse reproductions or facsimiles can commit a misdemeanor.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Seal of the Assembly [445 - 447] ( Chapter 5 added by Stats. 1968, Ch. 512. ) ## 447. The use of the Seal of the Assembly shall be as prescribed by the Rules of the Assembly. Every person who maliciously or for commercial purposes or contrary to the Rules of the Assembly uses or allows to be used any reproduction or facsimile of the Seal of the Assembly in any manner whatsoever is guilty of a misdemeanor. (Added by Stats. 1968, Ch. 512.)
  19. 4470.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. Disability Access and Education [4465 - 4470] ( Chapter 7.5 added by Stats. 2012, Ch. 383, Sec. 15. )

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    Money received by the Division of the State Architect under this chapter must be deposited into the Disability Access and Education Revolving Fund, and the State Architect must file an annual report to the Legislature and specified committee chairs.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. Disability Access and Education [4465 - 4470] ( Chapter 7.5 added by Stats. 2012, Ch. 383, Sec. 15. ) ## 4470. (a) All funds received by the Division of the State Architect under this chapter shall be deposited in the Disability Access and Education Revolving Fund, which is hereby established in the State Treasury. (b) Notwithstanding Section 13340, moneys deposited in the fund are hereby continuously appropriated without regard to fiscal years to the Division of the State Architect for purposes of this chapter. (c) Notwithstanding Section 10231.5, the State Architect shall make an annual report, commencing April 1, 2014, to the Legislature and to the Chairs of the Senate and Assembly Committees on Judiciary, and the Chair of the Senate Committee on Budget and Fiscal Review and the Chair of the Assembly Committee on Budget of the total fees collected by each city, county, or city and county pursuant to Section 4467, the total fees transmitted to the fund in the previous calendar year and of its distribution, including the moneys spent on administrative services, the moneys spent to moderate certification and examination fees for the certified access specialist program, the moneys spent on establishing and maintaining oversight of the certified access specialist program, and the moneys spent on developing and disseminating educational materials to facilitate compliance. A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. (Amended by Stats. 2015, Ch. 25, Sec. 5. (SB 84) Effective June 24, 2015.)
  20. 4475.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. )

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    This section defines “state agency” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. ) ## 4475. “State agency,” as used in this chapter, means any state agency defined in Section 11000, which is authorized to enter into contracts and shall include, but not be limited to, the Department of Public Works, the Department of Water Resources, the Department of General Services, the Trustees of the California State University, and the Board of Regents of the University of California. (Amended by Stats. 1983, Ch. 143, Sec. 184.)
  21. 4476.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. )

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    This section defines “person” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. ) ## 4476. “Person,” as used in this chapter means any individual, corporation, association, or any other entity organized for the purpose of conducting business. (Added by Stats. 1971, Ch. 1812.)
  22. 4477.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. )

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    State agencies must not buy supplies, equipment, or services from persons who are subject to certain pollution-related violations or orders.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. ) ## 4477. No state agency shall enter into any contract for the purchase of supplies, equipment, or services from any person who is in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district, or is subject to a cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions, or is finally determined to be in violation of provisions of federal law relating to air or water pollution. (Amended by Stats. 1975, Ch. 957.)
  23. 4478.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. )

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    This chapter does not apply to contracts below the competitive bidding dollar threshold set in Section 10301 of the Public Contract Code.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. ) ## 4478. The provisions of this chapter shall not apply to contracts with a dollar value below the required level for competitive bidding established in Section 10301 of the Public Contract Code. (Amended by Stats. 1987, Ch. 27, Sec. 1. Effective May 28, 1987.)
  24. 4479.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. )

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    Each state agency must use due diligence to determine whether a contract was divided to avoid Section 4478’s limitation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. ) ## 4479. Each state agency shall exercise due diligence in determining whether or not one or more persons have divided a contract to avoid the limitation of Section 4478. (Amended by Stats. 1987, Ch. 27, Sec. 2. Effective May 28, 1987.)
  25. 4480.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. )

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    This chapter does not apply if a person who would otherwise be barred from contracting with the state is the sole source of a required product or service.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. ) ## 4480. The provisions of this chapter shall not apply when a person otherwise prohibited from contracting with the state under this chapter is the sole source of a product or services required by the state. (Added by Stats. 1971, Ch. 1812.)
  26. 4481.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. )

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    Certain local agencies or boards must notify state air and water boards within 7 days after a determination, and the boards must make related notifications and send a monthly list to state agencies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. ) ## 4481. Each local agency or board set forth in Section 4477 shall notify within seven days after determination thereof, the Water Resources Control Board or Air Resources Board of noncompliance with any final order, rule, or regulation or cease and desist order issued by them or of any violation reported pursuant to this section which has been cured and any action taken by the local agency or board. The Water Resources Control Board and the Air Resources Board shall also provide such notification as to finally determined violators of federal law relating to air or water pollution. The Water Resources Control Board and Air Resources Board shall provide a list of persons finally determined to be in violation of such laws, orders, rules, or regulations to state agencies on a monthly basis. (Added by Stats. 1971, Ch. 1812.)
  27. 4482.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. )

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    This chapter does not apply to contracts executed before the chapter’s effective date.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Purchases [4475 - 4482] ( Chapter 8 added by Stats. 1971, Ch. 1812. ) ## 4482. The provisions of this chapter shall not apply to contracts executed prior to the effective date of this chapter. (Added by Stats. 1971, Ch. 1812.)
  28. 450.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Seat of Government [450- 450.] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

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    California’s permanent seat of government is Sacramento, and the Governor may designate a temporary seat in emergencies such as war or enemy-caused disaster.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Seat of Government [450- 450.] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 450. The permanent seat of government of the state is at the City of Sacramento, but the Governor shall designate by written proclamation an alternative temporary seat of government for use in the event of war or enemy-caused disaster, or the imminence thereof. The proclamation shall be filed with the Secretary of State. A different temporary seat of government may be so designated at any time as circumstances indicate the desirability of such a change. The Director of General Services, and any other state agency as directed by him, shall provide such facilities of any kind at the temporary seat of government as appear desirable for the functioning of the government of the state at the temporary seat of government in the event it becomes necessary, pursuant to this section. (Amended by Stats. 1965, Ch. 371.)
  29. 4500.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Rapid Transit [4500- 4500.] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1971, Ch. 444) by Stats. 1979, Ch. 373. )

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    Certain public entities must require accessible fixed-route transit equipment and public transit structures when awarding contracts, and public transit facilities and operations must meet ADA standards or higher applicable state standards.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Rapid Transit [4500- 4500.] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1971, Ch. 444) by Stats. 1979, Ch. 373. ) ## 4500. (a) Notwithstanding the provisions of any statute, rule, regulation, decision, or pronouncement to the contrary, other than subdivision (b), every state agency, board, and department, every local governmental subdivision, every district, every public and quasi-public corporation, every local public agency and public service corporation, and every city, county, city and county and municipal corporation, whether incorporated or not and whether chartered or not, in awarding contracts for operations, equipment, or structures shall be obligated to require that all fixed-route transit equipment and public transit structures shall be so built that individuals with disabilities shall have ready access to, from and in such equipment and structures. (b) Notwithstanding any other provision of law, public transit facilities and operations, whether operated by or under contract with a public entity, shall meet the applicable standards of Titles II and III of the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and the federal regulations adopted pursuant thereto, subject to the exceptions provided in that act. However, if the laws of this state in effect on December 31, 1992, prescribe higher standards than the Americans with Disabilities Act of 1990 (Public Law 101-336) and federal regulations adopted pursuant thereto, then those public transit facilities and operations shall meet the higher standards. (Amended by Stats. 1992, Ch. 913, Sec. 17. Effective January 1, 1993.)
  30. 45000.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. )

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    This section says city legislative bodies are intended to have power to adopt a personnel, merit, or civil service system suited to the city’s size and type.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45000. It is the intent of this chapter to enable the legislative body of any city to adopt such a personnel system, merit system, or civil service system as is adaptable to the size and type of the city. The system may consist of the mere establishment of minimum standards of employment and qualifications for the various classes of employment, or of a comprehensive civil service system, as the legislative body determines for the best interests of the public service. (Added by Stats. 1949, Ch. 79.)
  31. 45001.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city’s legislative body may, by ordinance, set up a personnel, merit, or civil service system for appointive officers and employees.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45001. By ordinance, the legislative body of any city may establish a personnel system, merit system, or civil service system for the selection, employment, classification, advancement, suspension, discharge, and retirement of appointive officers and employees. (Added by Stats. 1949, Ch. 79.)
  32. 45002.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The system may include the librarian, secretary, and other employees of the public library, but not members of the board of trustees.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45002. The system may include the librarian, secretary, and other officers and employees, except members of the board of trustees, of the public library established pursuant to Chapter 5 (commencing with Section 18900) of Part 11 of the Education Code. (Amended by Stats. 2006, Ch. 538, Sec. 310. Effective January 1, 2007.)
  33. 45003.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    Any class of officers and employees included before September 19, 1947, counts as operative from the system’s inception.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45003. The inclusion of any class of officers and employees made prior to September 19, 1947, is operative from the inception of the system. (Added by Stats. 1949, Ch. 79.)
  34. 45004.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body may appoint a civil service commission or personnel officer and may delegate powers and duties related to the system.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45004. The legislative body may provide for the appointment of a civil service commission or personnel officer, to which it may delegate such powers and duties in relation to the system as it deems advisable. (Added by Stats. 1949, Ch. 79.)
  35. 45004.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    If a covered hearing recording or transcript is made, the city must provide copies to the appealing employee and notify the employee about the transcript within three days; the city may charge direct duplication costs.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45004.1. (a) Where a hearing is held before a civil service commission or personnel officer pursuant to Section 45004 and where the commission or officer permits an audio or stenographic recording of the hearing, a copy of the recording shall be provided, upon request, to the employee bringing the appeal before the commission or officer. (b) If a city or its civil service commission or officer orders or makes a transcript of the recording pursuant to subdivision (a), the city shall also do both of the following: (1) Notify the employee bringing the appeal of the transcription and of the employee’s right to obtain a copy of the transcript. The city shall notify the employee within three days of ordering or making the transcript. (2) Provide a copy of the transcript promptly to the employee at the employee’s request. (c) Notwithstanding any other provision of law, the city may charge fees covering direct duplication costs for recordings or transcripts provided pursuant to this section. (Added by Stats. 2002, Ch. 732, Sec. 1. Effective January 1, 2003.)
  36. 45005.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The ordinance must designate which departments, appointive officers, and employees are included in the merit system or civil service system.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45005. The ordinance shall designate the departments, and the appointive officers and employees who shall be included in the merit system or civil service system. (Added by Stats. 1949, Ch. 79.)
  37. 45006.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body may, by later ordinances, add departments, appointive officers, and employees to the original list.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45006. By subsequent ordinances, the legislative body may add additional departments and appointive officers, and employees to the original list. (Added by Stats. 1949, Ch. 79.)
  38. 45007.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    Departments, appointive officers, or employees included in the system cannot be withdrawn unless voters approve the withdrawal by a two-thirds vote; regular full-time city department heads are an exception and may be withdrawn by a city council majority vote.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45007. After inclusion in the system, any departments or appointive officers or employees shall not be withdrawn, either by an outright repeal of the civil service ordinance or otherwise, unless the withdrawal has been submitted to the city electors at a special or regular municipal election and approved by two-thirds of those voting on the proposition, except that regular full-time city department heads, may be withdrawn by a majority vote of the city council. (Amended by Stats. 1970, Ch. 263.)
  39. 45008.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body may contract for competitive examinations or other personnel-selection and administration services.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45008. The legislative body may contract with the legislative body of any city or county in the State, any state department, or any private person, corporation, association or partnership, for: (a) The conducting of competitive examinations to ascertain the fitness of applicants for positions and employment in the city service. (b) The performance of any other service in connection with personnel selection and administration. (Amended by Stats. 1951, Ch. 691.)
  40. 45010.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The ordinance must treat certain injury- or disease-related absences as not interrupting an employee’s continuous service.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. The System [45000 - 45010] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45010. The ordinance shall provide that any period of time during which an employee is required to be absent from his position by reason of an injury or disease for which he is entitled to receive compensation under the provisions of Division 4 (commencing with Section 3201) of the Labor Code is not a break in his continuous service for the purpose of his right to salary adjustments, sick leave, vacation, or seniority. (Added by Stats. 1967, Ch. 774.)
  41. 45050.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Age Limits [45050 - 45054] ( Article 3 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The ordinance must bar age limits for civil service exams and must not use age as a minimum qualification for classified city employment.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Age Limits [45050 - 45054] ( Article 3 added by Stats. 1949, Ch. 79. ) ## 45050. The ordinance establishing the system shall provide that minimum or maximum age limits for any civil service examination shall not be established and that age shall not be a minimum qualification for any city employment in the classified service. (Added by Stats. 1949, Ch. 79.)
  42. 45051.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Age Limits [45050 - 45054] ( Article 3 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    Civil service applicants who meet minimum qualifications must be allowed to take examinations regardless of age, and local hiring authorities may not bar otherwise qualified people from city employment solely because of age.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Age Limits [45050 - 45054] ( Article 3 added by Stats. 1949, Ch. 79. ) ## 45051. The ordinance shall provide that any person possessing all the minimum qualifications for the position is eligible to take any civil service examination, regardless of age, and that the commission, the personnel officer, or any appointing power shall not adopt any rule prohibiting the employment of any person, otherwise qualified, in any city employment solely because of age. (Added by Stats. 1949, Ch. 79.)
  43. 45052.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Age Limits [45050 - 45054] ( Article 3 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city is not required or authorized to employ a person in a particular city job if the person has reached the retirement age set for that job by a city employees’ retirement system.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Age Limits [45050 - 45054] ( Article 3 added by Stats. 1949, Ch. 79. ) ## 45052. This article does not require nor authorize any city to employ any person in a particular city employment if he has attained the retirement age for that particular employment prescribed by any city employees’ retirement system. (Added by Stats. 1949, Ch. 79.)
  44. 45053.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Age Limits [45050 - 45054] ( Article 3 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A person may not be employed in city employment while receiving a city retirement allowance based on prior city service.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Age Limits [45050 - 45054] ( Article 3 added by Stats. 1949, Ch. 79. ) ## 45053. A person shall not be employed in city employment while he is receiving a retirement allowance under a city employees’ retirement system of such city by reason of prior service with such city. (Amended by Stats. 1953, Ch. 504.)
  45. 45054.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Age Limits [45050 - 45054] ( Article 3 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body may set minimum or maximum age limits for hiring policemen or firemen.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Age Limits [45050 - 45054] ( Article 3 added by Stats. 1949, Ch. 79. ) ## 45054. This article does not prevent the legislative body from fixing minimum or maximum age limits for the employment of policemen or firemen. (Added by Stats. 1949, Ch. 79.)
  46. 45080.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Emergency Appointments [45080 - 45083] ( Article 4 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    During a war emergency, the city’s legislative body may use emergency appointments for any office or position, if it first makes the required finding and gets a four-fifths vote.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Emergency Appointments [45080 - 45083] ( Article 4 added by Stats. 1949, Ch. 79. ) ## 45080. During any war emergency, the legislative body, by a four-fifths vote, may provide for the emergency employment of any person to fill any office or position in the city. The legislative body first shall find that national mobilization of trained manpower makes it impracticable for the city to recruit personnel pursuant to normal standards established for such office or position. Such person shall not be subject to the requirements, regulations, and qualifications of the personnel, merit, or civil service system adopted by the city. (Amended by Stats. 1951, Ch. 691.)
  47. 45081.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Emergency Appointments [45080 - 45083] ( Article 4 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    An emergency appointee does not gain civil service or other permanent status just because of the emergency appointment.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Emergency Appointments [45080 - 45083] ( Article 4 added by Stats. 1949, Ch. 79. ) ## 45081. An emergency appointee does not acquire civil service or other permanent status because of the emergency appointment. (Added by Stats. 1949, Ch. 79.)
  48. 45082.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Emergency Appointments [45080 - 45083] ( Article 4 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body may allow certain emergency appointees to gain rights set by regulations it adopts.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Emergency Appointments [45080 - 45083] ( Article 4 added by Stats. 1949, Ch. 79. ) ## 45082. The legislative body may provide that an emergency appointee selected from an eligible list who is otherwise eligible for permanent appointment may acquire such rights as are expressly provided for under regulations which it may adopt. (Added by Stats. 1949, Ch. 79.)
  49. 45083.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Emergency Appointments [45080 - 45083] ( Article 4 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    This section defines when the word “war” is used in this chapter.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Emergency Appointments [45080 - 45083] ( Article 4 added by Stats. 1949, Ch. 79. ) ## 45083. As used in this chapter the word “war” shall mean: (a) Whenever Congress has declared war and for one year after the termination of hostilities therein as proclaimed by the President of the United States; (b) Whenever the President of the United States has proclaimed the existence of a national emergency. (Added by Stats. 1951, Ch. 691.)
  50. 45100.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Reduction in Personnel [45100- 45100.] ( Article 5 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    If the legislative body decides a personnel reduction is needed for economy reasons, it must follow the seniority rule when carrying it out.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 5. Reduction in Personnel [45100- 45100.] ( Article 5 added by Stats. 1949, Ch. 79. ) ## 45100. If the legislative body determines that a reduction in personnel is necessary for economy reasons, it shall observe the seniority rule in putting the reduction into effect. (Added by Stats. 1949, Ch. 79.)
  51. 45200.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Prohibitions and Offenses [45200 - 45210] ( Article 6 added by Stats. 1951, Ch. 597. )

    Verify source ↗

    Any person must not interfere with city civil service examinations, false grading or reporting, or sharing special or secret information to affect a candidate’s chances.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Prohibitions and Offenses [45200 - 45210] ( Article 6 added by Stats. 1951, Ch. 597. ) ## 45200. It is unlawful for any person: (a) Wilfully by himself or in cooperation with another person to defeat, deceive, or obstruct any person with respect to his right of examination, application, or certification for employment under the personnel system, merit system, or civil service system of any city. (b) Wilfully and falsely to mark, grade, estimate, or report upon the examination or proper standing of any person examined or certified under the personnel system, merit system, or civil service system of any city, or to aid in so doing, or make any false representation concerning the same or the person examined. (c) Wilfully to furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person examined, certified or to be examined or certified under the personnel system, merit system, or civil service system of any city. (Added by Stats. 1951, Ch. 597.)
  52. 45201.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Prohibitions and Offenses [45200 - 45210] ( Article 6 added by Stats. 1951, Ch. 597. )

    Verify source ↗

    Any person is prohibited from impersonating someone in certain city civil service-related processes, obtaining or sharing exam materials before an exam, or using unfair means to make an eligible person waive rights.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Prohibitions and Offenses [45200 - 45210] ( Article 6 added by Stats. 1951, Ch. 597. ) ## 45201. It is unlawful for any person: (a) To impersonate another person or to permit or aid in any manner any other person to impersonate him in connection with any examination, application, or request to be examined under the personnel system, merit system, or civil service system of any city. (b) To furnish or obtain examination questions or other examination material prepared and intended for use in any examination under the personnel system, merit system, or civil service system of any city before such examination. (c) To use any unfair means to cause or attempt to cause any eligible to waive any rights obtained under the personnel system, merit system, or civil service system of any city. (Added by Stats. 1951, Ch. 597.)
  53. 45203.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Prohibitions and Offenses [45200 - 45210] ( Article 6 added by Stats. 1951, Ch. 597. )

    Verify source ↗

    City employees and people on a city employment list must not use unauthorized material during duty hours for training or target practice, or they may be disciplined under the city personnel, merit, or civil service system.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Prohibitions and Offenses [45200 - 45210] ( Article 6 added by Stats. 1951, Ch. 597. ) ## 45203. Any city employee, or person whose name appears on any city employment list who uses during duty hours, for training or target practice, any material which is not authorized therefor by the appointing power, shall be disciplined pursuant to the city personnel, merit or civil service system. (Added by Stats. 1980, Ch. 718.)
  54. 45210.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Prohibitions and Offenses [45200 - 45210] ( Article 6 added by Stats. 1951, Ch. 597. )

    Verify source ↗

    Anyone who violates any provision of this article is guilty of a misdemeanor.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Civil Service [45000 - 45210] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 6. Prohibitions and Offenses [45200 - 45210] ( Article 6 added by Stats. 1951, Ch. 597. ) ## 45210. Every person who violates any provision of this article is guilty of a misdemeanor. (Added by Stats. 1951, Ch. 597.)
  55. 4525.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] ( Heading of Chapter 10 amended by Stats. 1987, Ch. 698, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the chapter, including “firm,” “state agency head,” “local agency head,” and certain service categories.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] ( Heading of Chapter 10 amended by Stats. 1987, Ch. 698, Sec. 1. ) ## 4525. For purposes of this chapter, the following terms have the following meaning: (a) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management. (b) “State agency head” means the secretary, administrator, or head of a department, agency, or bureau of the State of California authorized to contract for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services. (c) “Local agency head” means the secretary, administrator, or head of a department, agency, or bureau of any city, county, city and county, whether general law or chartered, or any district which is authorized to contract for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services. (d) “Architectural, landscape architectural, engineering, environmental, and land surveying services” includes those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. (e) “Construction project management” means those services provided by a licensed architect, registered engineer, or licensed general contractor which meet the requirements of Section 4529.5 for management and supervision of work performed on state construction projects. (f) “Environmental services” means those services performed in connection with project development and permit processing in order to comply with federal and state environmental laws. “Environmental services” also includes the processing and awarding of claims pursuant to Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the Health and Safety Code. (Amended by Stats. 1993, Ch. 432, Sec. 1. Effective September 24, 1993.)
  56. 4526.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] ( Heading of Chapter 10 amended by Stats. 1987, Ch. 698, Sec. 1. )

    Verify source ↗

    State agency heads must use competence and qualifications to select covered firms, and the procedures must protect fair pricing, small business participation, and conflicts-of-interest safeguards.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] ( Heading of Chapter 10 amended by Stats. 1987, Ch. 698, Sec. 1. ) ## 4526. Notwithstanding any other provision of law, selection by a state or local agency head for professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. In order to implement this method of selection, state agency heads contracting for private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management services shall adopt by regulation, and local agency heads contracting for private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management services may adopt by ordinance, procedures that assure that these services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the public agencies. Furthermore, these procedures shall assure maximum participation of small business firms, as defined by the Director of General Services pursuant to Section 14837. In addition, these procedures shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit government agency employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this section which would subject those employees to the prohibition of Section 87100. (Amended by Stats. 1991, Ch. 314, Sec. 2.)
  57. 4526.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] ( Heading of Chapter 10 amended by Stats. 1987, Ch. 698, Sec. 1. )

    Verify source ↗

    A state agency head entering a contract under this chapter must also follow Section 6106 of the Public Contract Code.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] ( Heading of Chapter 10 amended by Stats. 1987, Ch. 698, Sec. 1. ) ## 4526.5. A state agency head entering into a contract pursuant to this chapter shall, in addition to any other applicable statute or regulation, also follow Section 6106 of the Public Contract Code. (Added by Stats. 1990, Ch. 1128, Sec. 1.)
  58. 4527.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] ( Heading of Chapter 10 amended by Stats. 1987, Ch. 698, Sec. 1. )

    Verify source ↗

    This section sets procedures for selecting firms for certain public services contracts and requires annual qualifications-and-performance statements to be encouraged.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] ( Heading of Chapter 10 amended by Stats. 1987, Ch. 698, Sec. 1. ) ## 4527. In the procurement of architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services, the state agency head shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. (a) When the selection is by a state agency head, statewide announcement of all projects requiring architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services shall be made by the agency head through publications of the respective professional societies. The agency head, for each proposed project, shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services and then shall select therefrom, in order of preference, based upon criteria established and published by him or her, no less than three of the firms deemed to be the most highly qualified to provide the services required. (b) When the selection is by a local agency head, the agency head may undertake the procedures described in subdivision (a). In addition, these procedures shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit government agency employees from participating in the selection process when these employees have a relationship with a person or business entity seeking a contract under this section. (Amended by Stats. 1991, Ch. 314, Sec. 3.)
  59. 4528.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] ( Heading of Chapter 10 amended by Stats. 1987, Ch. 698, Sec. 1. )

    Verify source ↗

    State agency heads must negotiate in order with the best qualified firms and keep moving down the list if negotiations fail; local agency heads may use the same procedure.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] ( Heading of Chapter 10 amended by Stats. 1987, Ch. 698, Sec. 1. ) ## 4528. (a) When the selection is by a state agency head the following procedures shall apply: (1) The state agency head shall negotiate a contract with the best qualified firm for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services at compensation which the state agency head determines is fair and reasonable to the State of California or the political subdivision involved. (2) Should the state agency head be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price the agency head determines to be fair and reasonable to the State of California or the political subdivision involved, negotiations with that firm shall be formally terminated. The state agency head shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the state agency head shall terminate negotiations. The state agency head shall then undertake negotiations with the third most qualified firm. (3) Should the state agency head be unable to negotiate a satisfactory contract with any of the selected firms, the state agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this chapter until an agreement is reached. (b) When the selection is by a local agency head, the local agency head may undertake the procedures described in subdivision (a). (Amended by Stats. 1991, Ch. 314, Sec. 4.)
  60. 4529.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] ( Heading of Chapter 10 amended by Stats. 1987, Ch. 698, Sec. 1. )

    Verify source ↗

    This chapter does not apply when the state or local agency head decides the needed services are mostly technical, require little professional judgment, and bidding would be in the public interest.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] ( Heading of Chapter 10 amended by Stats. 1987, Ch. 698, Sec. 1. ) ## 4529. This chapter shall not apply where the state or local agency head determines that the services needed are more of a technical nature and involve little professional judgment and that requiring bids would be in the public interest. (Amended by Stats. 1988, Ch. 1016, Sec. 5.)
  61. 4529.10.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. )

    Verify source ↗

    This section defines “architectural and engineering services” to include several listed service types.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. ) ## 4529.10. For purposes of Article XXII of the California Constitution and this act, the term “architectural and engineering services” shall include all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services. (Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
  62. 4529.11.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. )

    Verify source ↗

    Certain transportation projects must comply with Article XXII, and the sponsoring governmental entity may contract with qualified private entities for architectural and engineering services.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. ) ## 4529.11. All projects included in the State Transportation Improvement Program programmed and funded as interregional improvements or as regional improvements shall be subject to Article XXII of the California Constitution. The sponsoring governmental entity shall have the choice and the authority to contract with qualified private entities for architectural and engineering services. For projects programmed and funded as regional improvements, the sponsoring governmental entity shall be the regional or local project sponsor. For projects programmed and funded as interregional improvements, the sponsoring governmental entity shall be the State of California, unless there is a regional or local project sponsor, in which case the sponsoring governmental entity shall be the regional or local project sponsor. The regional or local project sponsor shall be a regional or local governmental entity. (Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
  63. 4529.12.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. )

    Verify source ↗

    Architectural and engineering services must be selected through a fair, competitive process, and agency employees may not take part in the selection when they have a financial or business relationship with a private bidder.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. ) ## 4529.12. All architectural and engineering services shall be procured pursuant to a fair, competitive selection process which prohibits governmental agency employees from participating in the selection process when they have a financial or business relationship with any private entity seeking the contract, and the procedure shall require compliance with all laws regarding political contributions, conflicts of interest or unlawful activities. (Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
  64. 4529.13.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. )

    Verify source ↗

    This section says the act does not change existing project design, seismic safety, or construction standards, and does not limit the Legislature’s authority to provide different procurement methods for certain projects.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. ) ## 4529.13. Nothing contained in this act shall be construed to change project design standards, seismic safety standards or project construction standards established by state, regional or local governmental entities. Nor shall any provision of this act be construed to prohibit or restrict the authority of the Legislature to statutorily provide different procurement methods for design-build projects or design-build-and-operate projects. (Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
  65. 4529.14.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. )

    Verify source ↗

    Public agencies must apply standard accounting practices to architectural and engineering services contracts they procure.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. ) ## 4529.14. Architectural and engineering services contracts procured by public agencies shall be subject to standard accounting practices and may require financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget. (Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
  66. 4529.15.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. )

    Verify source ↗

    This section applies only to architectural and engineering services defined in Section 4529.10.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. ) ## 4529.15. This act only applies to architectural and engineering services defined in Government Code Section 4529.10. Nothing contained in this act shall be construed to expand or restrict the authority of governmental entities to contract for fire, ambulance, police, sheriff, probation, corrections or other peace officer services. Nor shall anything in this act be construed to expand or restrict the authority of governmental entities to contract for education services including but not limited to, teaching services, services of classified school personnel and school administrators. (Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
  67. 4529.16.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. )

    Verify source ↗

    This section says the act must not be applied in a way that causes loss of federal funding for any governmental entity.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. ) ## 4529.16. This act shall not be applied in a manner that will result in the loss of federal funding to any governmental entity. (Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
  68. 4529.17.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. )

    Verify source ↗

    The act’s provisions are severable.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. ) ## 4529.17. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
  69. 4529.18.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. )

    Verify source ↗

    If another Legislature act conflicts with this act, this act prevails.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. ) ## 4529.18. If any act of the Legislature conflicts with the provisions of this act, this act shall prevail. (Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
  70. 4529.19.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. )

    Verify source ↗

    This act should be interpreted broadly to achieve its purposes.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. ) ## 4529.19. This act shall be liberally construed to accomplish its purposes. (Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
  71. 4529.20.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. )

    Verify source ↗

    This section says the act is meant to broadly regulate the matters covered by its provisions and apply to charter cities and other governmental entities.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. [Architectural and Engineering Services] [4529.10 - 4529.20] ( Chapter 10.1 added November 7, 2000, by initiative Proposition 35, Sec. 4. ) ## 4529.20. This act seeks to comprehensively regulate the matters which are contained within its provisions. These are matters of statewide concern and when enacted are intended to apply to charter cities as well as all other governmental entities. (Added November 7, 2000, by initiative Proposition 35, Sec. 4.)
  72. 4529.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] ( Heading of Chapter 10 amended by Stats. 1987, Ch. 698, Sec. 1. )

    Verify source ↗

    A person or firm seeking to provide construction project management services must show evidence of relevant expertise and experience.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] ( Heading of Chapter 10 amended by Stats. 1987, Ch. 698, Sec. 1. ) ## 4529.5. Any individual or firm proposing to provide construction project management services pursuant to this chapter shall provide evidence that the individual or firm and its personnel carrying out onsite responsibilities have expertise and experience in construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of a construction project. (Added by Stats. 1987, Ch. 698, Sec. 6.)
  73. 4530.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. )

    Verify source ↗

    This chapter is named the “Target Area Contract Preference Act.”

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. ) ## 4530. This chapter shall be known as the “Target Area Contract Preference Act.” (Added by Stats. 1983, Ch. 323, Sec. 35.7. Effective July 1, 1983.)
  74. 45300.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    This article’s purpose is to let any city adopt a retirement system suited to its size and type.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45300. It is the intent of this article to enable any city to adopt such a retirement system as is adaptable to its size and type. (Added by Stats. 1949, Ch. 79.)
  75. 45301.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city may, by ordinance, establish a retirement system for its officers and employees and provide retirement allowances, pensions, disability payments, and death benefits.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45301. By ordinance, any city may establish a retirement system for its officers and employees and provide for the payment of retirement allowances, pensions, disability payments, and death benefits, or any of them. (Added by Stats. 1949, Ch. 79.)
  76. 45301.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    Separate contribution rates, allowances, or benefits may not be set differently for male and female employees.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45301.5. Notwithstanding any provision of this chapter to the contrary, separate rates of contribution for male and female employees shall not be maintained or established, nor shall different allowances or benefits be established for male and female employees. (Added by Stats. 1976, Ch. 1436.)
  77. 45302.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    Before adopting an ordinance to establish a retirement system, the city legislative body must adopt a notice-of-intention resolution.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45302. Before the ordinance establishing a retirement system is adopted, the city legislative body shall adopt a resolution giving notice of intention to adopt the ordinance. The resolution shall contain a summary of the major provisions of the proposed retirement system. (Added by Stats. 1949, Ch. 79.)
  78. 45303.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The ordinance cannot be adopted unless an election is first held so the affected employees can vote by secret ballot on the retirement proposal.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45303. The ordinance shall not be adopted unless an election is first held to permit the employees proposed to be included in the system to express by secret ballot their approval or disapproval of the retirement proposal. (Added by Stats. 1949, Ch. 79.)
  79. 45304.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The ballot used at the election must include a summary of the retirement system as set out in the resolution.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45304. The ballot used at the election shall include a summary of the retirement system as set forth in the resolution. (Added by Stats. 1949, Ch. 79.)
  80. 45305.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body must prescribe how the election is conducted, let covered city employees vote as separate groups on approval or disapproval, exclude groups that mostly disapprove, and make membership compulsory for groups that approve.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45305. The election shall be conducted in a manner to be prescribed by the legislative body, and permit firemen, policemen, and other city employees included in the system, as separate groups, to express their approval or disapproval. The ordinance shall not include in the system any group a majority of whose members disapproves the system. Membership in the system is compulsory for all members of each group approving the system. (Added by Stats. 1949, Ch. 79.)
  81. 45306.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A retirement-system ordinance may be adopted by the city electorate or by a two-thirds vote of the city legislative body, and it can be repealed only by a vote of the electorate.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45306. The ordinance establishing a retirement system may be adopted either by a majority vote of the electorate of the city or by approval of a two-thirds majority of the legislative body of the city. The ordinance shall not be repealed except by a vote of the electorate. (Added by Stats. 1949, Ch. 79.)
  82. 45307.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The ordinance must provide for a retirement board and may delegate advisable powers and duties to that board.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45307. The ordinance shall provide for the appointment of a retirement board and for the delegation to the board of such powers and duties in relation to the system as are deemed advisable to carry out the intent and purpose of this article. (Added by Stats. 1949, Ch. 79.)
  83. 45308.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body may run its own pension and retirement fund, or it may contract with a city, county, or state department for retirement-system and fund services.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45308. The legislative body may maintain its own pension and retirement fund or may contract with the legislative body of any city or county in the State, or any state department, for: (a) The performance of any service in connection with the establishment or administration of the retirement system. (b) The investment, care, or administration of retirement funds. (c) Any other service relating to the system or its funds. (Added by Stats. 1949, Ch. 79.)
  84. 45308.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    City retirement systems must invest funds not needed for current disbursements only in the listed permitted investments.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45308.1. All funds received by city retirement systems and not required for current disbursements shall be invested only in: (a) Securities which are legal for savings bank investments in this state, or which have been certified as legal investments for savings banks pursuant to Division 10 (commencing at Section 20000) of the Water Code. (b) Securities which, pursuant to the statutes or laws providing for the issuance of such securities, are entitled to the same force or value or use as bonds issued by any municipality. (c) Securities issued pursuant to those acts, statutes or laws of this state, wherein such law specifically states by reference or otherwise that such securities shall be legal investments for either savings banks, insurance companies, all trust funds, state school funds, and any funds which may be invested in bonds of cities, counties, cities and counties, school districts, or municipalities in the state. (d) Securities which have been investigated and approved by a commission or board now or hereafter authorized by law to conduct such investigation and give such approval, and by authority of which such securities are declared to be legal investments for insurers. (e) Securities issued pursuant to those acts, statutes or laws of this state, wherein such law specifically states by reference or otherwise that such securities shall be legal investments for any pension fund, retirement fund, or retirement plan. (f) Deposits at interest in any state or national bank in accordance with law authorizing and controlling the deposit of public funds in banks. (g) Certificates and shares of a savings and loan association or a federal savings and loan association, if the certificates or shares are insured as defined in Title IV of the National Housing Act. (h) Registered warrants of any political subdivision of this state. (i) A contract with an insurance company to whom the insurance commissioner has issued a certificate of authority entitling it to transact life and disability insurance, which contract may be for a deposit administration or immediate participation guarantee type of group annuity for members of the retirement system whereby contributions paid to the insurance company will be held and used to pay benefits. (Amended by Stats. 1970, Ch. 1094.)
  85. 45308.2.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    City retirement system funds not needed for current disbursements may be invested in qualifying real property or improvements, but only if the vote, asset, lease, and return conditions in this section are met.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45308.2. Notwithstanding Section 45308.1 funds received by city retirement systems and not required for current disbursements may be invested in real property or improvements constructed or to be constructed on real property, when such real property or such improvements are acquired for sale or lease to a city, county, school district, political subdivision, or political corporation of this State, subject to the following limitations: (1) No investment shall be made in such real property or improvements unless it is approved by a four-fifths vote of the members of the body authorized by ordinance to invest the retirement funds. (2) No such investment shall be made unless the assets of the retirement system exceed five hundred thousand dollars ($500,000), and the investment, together with other investments in real property and improvements, do not exceed twenty-five percent (25%) of the assets of the retirement system. (3) Before an investment is made in such real property or improvements, the investing authority shall enter into a lease or lease-option agreement with the public agency hereinbefore mentioned, under which said public agency agrees to rent the property at a monthly rental and for a period not to exceed 50 years, sufficient to return not less than the investment, together with interest at a rate hereinafter prescribed. The agreement may contain an option or options to purchase; provided, such option, together with the rentals, will return not less than the investment, together with interest at a rate hereinafter prescribed. In the event a building is built on land owned by the public agency, the agreement may contain an option to purchase the land at any time or at the termination of the lease at its fair market value. (4) The interest rate each year shall be one-fourth percent (1/4%) higher than the average interest rate received by the retirement system on assets other than real property or improvements for the preceding year. (5) In order to make the provisions of this section relating to the investment in real property or improvements completely effective, the investing authority is authorized, for investment purposes only, to purchase, sell, or lease real property, or to enter into options therefor; and when necessary for investment purposes to enter into contracts for the construction of buildings, and to repair and maintain such property, and do any and all things necessary to protect the investment including, but not limited to, purchasing insurance against the loss of the property or the loss of use and occupancy of the property. It may also take any other action necessary to carry out the investment provisions of this section. In the construction of buildings the investing authority shall follow, substantially and insofar as applicable, the procedure and limitations prescribed by law for the construction of buildings by the city in which the retirement system is established. (Added by Stats. 1959, Ch. 168.)
  86. 45308.3.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    City retirement systems may invest funds not needed for current disbursements in certain 1915 Improvement Act bonds if the tax-backed coverage test is met.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45308.3. Notwithstanding Section 45308.1, funds received by city retirement systems and not required for current disbursements may be invested in bonds issued pursuant to the Improvement Bond Act of 1915; provided, that an ad valorem tax on all property taxable by the public agency which authorized the issuance of such bonds, at a rate not exceeding ten cents ($0.10) for each one hundred dollars ($100) of assessed value, computed as of the date of such investment, would produce an amount equal to at least 100 percent of the principal and interest payable in any year thereafter on the issue of bonds in which such investment is made. (Amended by Stats. 1979, Ch. 373.)
  87. 45308.4.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    City retirement systems may invest funds that are not needed for current disbursements, despite Section 45308.1, in the listed real-property loan investments.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45308.4. Notwithstanding Section 45308.1, funds received by city retirement systems and not required for current disbursements may be invested in any of the following: (a) First liens on real property if the loan is fully guaranteed or insured or covered by a commitment to guarantee or insure by the Federal Housing Commissioner. (b) First liens on real property if the loan is fully guaranteed by the United States or any agency thereof pursuant to the “Servicemen’s Readjustment Act of 1944” or any act of Congress supplementary or amendatory thereof. (Added by Stats. 1967, Ch. 1359.)
  88. 45308.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    City retirement systems may invest retirement fund assets in certain corporate stock, but only within stated percentage limits and subject to several stock-quality conditions and exceptions.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45308.5. Notwithstanding Section 45308.1, in addition to any other investments as are authorized by this article, city retirement systems may in their discretion under the advice of proper counsel invest the assets of the retirement fund in an amount, determined on the basis of cost, not to exceed 10 percent of the assets in the first two years after the effective date of this section, not to exceed 15 percent during the third year after the effective date of this section, and not to exceed 25 percent thereafter, in common stock or shares, and not to exceed 2 percent of the assets in the first year after the effective date of this section, not to exceed 3 percent during the second year after the effective date of this section, and not to exceed 5 percent thereafter, in preferred stock or shares, of corporations created or existing under the laws of the United States, or any state, district, or territory thereof; provided that (a) The stock is registered on a national securities exchange, as provided in the “Securities Exchange Act of 1934” as amended, or is listed on the National Market System of the NASDAQ Stock Market. The registration shall not be required with respect to the following stocks: (1) The common stock of a bank which is a member of the Federal Deposit Insurance Corporation and has capital funds, represented by capital, surplus, and undivided profits, of at least fifty million dollars ($50,000,000); (2) The common stock of an insurance company which has capital funds, represented by capital, special surplus funds, and unassigned surplus, of at least fifty million dollars ($50,000,000); (3) Any preferred stock. (b) The corporation has total assets of at least one hundred million dollars ($100,000,000); (c) Bonds of that corporation, if any are outstanding, qualify for investment of the retirement fund, and that there are no arrears of dividend payments on its preferred stock; (d) The corporation has paid a cash dividend on its common stock in at least 8 of the 10 years next preceding the date of investment, and the aggregate net earnings available for dividends on the common stock of the corporation for the whole of that period have been equal to the amount of the dividends paid, and the corporation has paid an earned cash dividend in each of the last three years; (e) The investment in any one company may not exceed 5 percent of the common shares outstanding; and (f) No single common stock investment, based on cost, may exceed 2 percent of the assets of the fund. (Amended by Stats. 1999, Ch. 470, Sec. 3. Effective January 1, 2000.)
  89. 45308.55.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

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    The board may invest in certain diversified management investment company stocks or shares, but only if the company has at least $50 million in assets, and the fund’s total investment in those securities plus other corporate stocks and shares cannot exceed 25% of the fund’s assets.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45308.55. Notwithstanding Section 45308.1 the board may also invest in any stocks or shares of a diversified management investment company registered under the “Investment Company Act of 1940” which has total assets of at least fifty million dollars ($50,000,000); except that the total investment in such stocks and shares, together with stocks and shares of all other corporations, may not exceed 25 percent of the assets of such fund determined on the basis of the cost of the stocks or shares. (Added by Stats. 1968, Ch. 471.)
  90. 45308.6.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

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    City retirement systems must hire investment counsel or certain bank trust entities to serve in connection with the system’s investment program.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45308.6. For purposes of Section 45308.5, city retirement systems shall employ investment counsel or trust companies or trust departments of banks to render service in connection with the city retirement system’s investment program. (Added by Stats. 1967, Ch. 1359.)
  91. 45308.7.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

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    A city retirement board, or the city treasurer with city council approval, may enter into security loan agreements with broker-dealers and banks, subject to collateral, monitoring, and recordkeeping rules.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45308.7. The city retirement board, if there is one, or the city treasurer with the approval of the city council, may enter into security loan agreements with broker-dealers and with California or national banks for the purpose of prudently supplementing the income normally received from investments. (b) “Security loan agreement” means a written contract whereby a legal owner, the lender, agrees to lend specific marketable corporate or government securities for a period not to exceed one year. The lender retains the right to collect from the borrower all dividends, interest, premiums, rights, and any other distributions to which the lender would otherwise have been entitled. The lender waives the right to vote the securities during the term of the loan. The lender may terminate the contract upon not more than five business days’ notice as agreed, and the borrower may terminate the contract upon not less than two business days’ notice as agreed. The borrower shall provide collateral to the lender in the form of cash or bonds or other interest-bearing notes and obligations of the United States or federal instrumentalities eligible for investment by a lending retirement fund. Such collateral shall be in an amount equal to at least 102 percent of the market value of the loaned securities as agreed. The lender shall monitor the market value of the loaned securities daily. The loan agreement shall provide for payment of additional collateral on a daily basis, or at such times as the value of the loaned securities increases, to agreed-upon ratios. In no event, shall the amount of the collateral be less than the market value of the loaned securities. (c) “Marketable securities” means securities that are freely traded on recognized exchanges or marketplaces. (d) Each board or city treasurer entering into security loan agreements shall do all of the following: (1) Maintain detailed records of all security loans. (2) Develop controls and reports to monitor the conduct of the transactions. (3) Publicize the net results of the security loan transaction separate from the results of other investment activities. (Added by Stats. 1982, Ch. 508, Sec. 1.)
  92. 45309.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

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    The ordinance establishing the retirement system must set benefits, employee and city contributions, retirement board membership, board regulations, and refund rules for employees who leave before retirement.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45309. Among other matters, the ordinance establishing the system shall provide for: (a) The amount of benefits to be paid to any officers or employees, or their beneficiaries, and the terms and conditions upon which the benefits will be paid. (b) The contribution to be paid by the officers or employees to the pension and retirement fund. (c) The contribution to be paid by the city to the pension and retirement fund, which, exclusive of contributions paid on account of service rendered prior to the effective date of the ordinance, shall not exceed the total contribution paid to the pension and retirement fund by the officers and employees. (d) The personnel of the retirement board, which shall consist of not less than five members, at least two of whom shall be elected by the officers and employees who are included in the retirement system. (e) The adoption of regulations for the administration of the system by the retirement board. (f) The refunding to any officer or employee who withdraws from the system, prior to retirement, of the amount of his or her contribution and the interest credited to his or her contribution upon the officer’s or employee’s request following withdrawal from the system. (Amended by Stats. 2002, Ch. 883, Sec. 4. Effective January 1, 2003.)
  93. 45309.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

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    A member of a pension or retirement system under this chapter must not receive service credit or contribution credit when doing so would violate Sections 34095 or 50033.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45309.5. A member of a pension or retirement system established pursuant to this chapter shall not receive credit for service or contributions for credit for service in violation of the prohibitions provided in Section 34095 or Section 50033. (Added by Stats. 2006, Ch. 355, Sec. 6. Effective January 1, 2007.)
  94. 4531.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. )

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    The Legislature states a public purpose to encourage job maintenance and job development in distressed areas, and says California-based companies may get preferences for certain state contract bids or proposals over $100,000.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. ) ## 4531. The Legislature hereby declares that it serves a public purpose, and is of benefit to the state, to encourage and facilitate job maintenance and job development in distressed and declining areas of cities and towns in the state. It is the intent of the Legislature to further these goals by providing appropriate preferences to California based companies submitting bids or proposals for state contracts to be performed at worksites in distressed areas by persons with a high risk of unemployment when the contract is for goods or services in excess of one hundred thousand dollars ($100,000). (Added by Stats. 1983, Ch. 323, Sec. 35.7. Effective July 1, 1983.)
  95. 45310.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

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    An ordinance may allow retirement, compensation, or pension amounts to reflect prior city service, and may allow employee contributions to be collected by payroll deduction.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45310. The ordinance may provide that: (a) The amount of the retirement, compensation, or pension may be predicated, in part, upon services rendered the city by an officer or employee prior to the establishment of the system. (b) The contribution of officers and employees included in the system may be collected by deducting the amounts of such contributions from the salary or wages due the officers and employees. (Added by Stats. 1949, Ch. 79.)
  96. 45310.3.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

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    A person stops being a member for any part of service as an elected public officer that is forfeited under Section 1243.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45310.3. Notwithstanding any other provision of law, a person ceases to be a member for any portion of his or her service as an elected public officer that is forfeited pursuant to Section 1243. (Added by Stats. 2005, Ch. 322, Sec. 4. Effective January 1, 2006.)
  97. 45310.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

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    An ordinance may allow certain retirement rights and benefits to be modified for members in reciprocal systems, but it must be filed with each administering board and only takes effect when that board adopts a resolution accepting the city system.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45310.5. The ordinance may provide for a modification of rights and benefits of a member because of membership in a reciprocal system similar to and under the same conditions as those provided under the County Employees’ Retirement Law of 1937 and the Public Employees’ Retirement Law because of membership in two or more retirement systems established by or pursuant to such laws. The ordinance shall be filed with each board administering a reciprocal system and shall become effective upon the adoption of a resolution of such administering board accepting the city system as a reciprocal system. Such modification shall apply only to a member whose termination and entry into employment resulting in a change in membership from the city system to a reciprocal system or from a reciprocal system to the city system occurs after such effective date; provided, however, that provisions relating to computation of final compensation shall apply to any other member if such provision would have applied had the termination and entry into employment occurred after such effective date. A reciprocal system, for purposes of this section, means a retirement system established under the County Employees’ Retirement Law of 1937, the Public Employees’ Retirement System, a retirement system of a city whose retirement ordinance contains the provisions authorized by this section, or a retirement system of a city or city and county established by its charter and providing for modifications of rights and benefits similar to and under the same conditions as those provided for under this section. When a city has established a reciprocal retirement system under this section and has received approval thereof from the Public Employees’ Retirement System, then such system shall be automatically reciprocal with all other state, local and public agencies who are members, or contracting members of the Public Employees’ Retirement System or any retirement system established under the County Employees Retirement Law of 1937. (Amended by Stats. 1973, Ch. 378.)
  98. 45310.6.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

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    A qualifying former member may redeposit withdrawn contributions and interest into the city retirement fund, and a city retirement system must set criteria when records are incomplete.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45310.6. When a city has established a reciprocal retirement system under this chapter, the following shall apply: (a) Any former member who left service under that system and became a member of a reciprocal retirement system or a retirement system established under the Public Employees’ Retirement Law, and who did not elect to, or was not eligible to, leave his or her contributions on deposit, may elect to redeposit those contributions if he or she is an active member of a reciprocal retirement system or the Public Employees’ Retirement System at the time of redeposit. A former member may exercise this right by redepositing in the retirement fund of the city he or she left, the amount of accumulated contributions and interest that he or she withdrew from that retirement fund plus regular interest thereon from the date of separation. (b) A former member who redeposits under this section shall have the same rights as a member who elected to leave his or her accumulated contributions on deposit in the fund. The deferred retirement allowance of the member shall be determined in accordance with provisions applicable to a member retiring directly from city employment on the date of his or her retirement. (c) A former member who redeposits under this section shall be entitled to a reduced age at entry, commencing with contributions payable the first day of the month following the date the association receives notice of the redeposit, if applicable. (d) This section does not apply to either of the following: (1) A member or former member who is retired. (2) A former member who is not in the service of an employer making him or her a member of a retirement system established under the Public Employees’ Retirement Law or a reciprocal retirement system. (e) This section shall only apply to either of the following: (1) A former member who is in the service of an employer as an officer or employee of a law enforcement agency or fire department whose principal duties consist of active law enforcement or firefighting and prevention service, but excluding one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement or firefighting and prevention service, even though the officer or employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement or firefighting and prevention service. (2) A former member who is in the service of an employer and seeks to redeposit contributions for past employment as an officer or employee of a law enforcement agency or fire department in the city’s retirement system whose principal duties consisted of active law enforcement or firefighting and prevention service, but excluding one whose principal duties were those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions did not clearly come within the scope of active law enforcement or firefighting and prevention service, even though the officer or employee was subject to occasional call, or was occasionally called upon, to perform duties within the scope of active law enforcement or firefighting and prevention service. (f) For purposes of this section, a “former member” is a member who left service under a retirement system established under this chapter and who did not elect to, or was not eligible to, leave his or her contributions on deposit with the system. (g) Each city retirement system subject to this section shall establish criteria to determine the eligibility of a former member to redeposit contributions, and the amount of contributions that may be redeposited, in those cases in which the system no longer maintains complete records with respect to the former member. (h) It is the intent of the Legislature in enacting this section to recognize a statewide public obligation to all those whose duties as local public safety officers expose them to more than ordinary risks through their contribution to ensuring public safety and to ensure that those who do serve or have served as local public safety officers shall have the ability to receive pension benefits for past public service in other jurisdictions within the state. (Added by Stats. 2002, Ch. 883, Sec. 5. Effective January 1, 2003.)
  99. 45310.7.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

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    This section gives certain members the right to leave accumulated contributions on deposit, lets them revoke that election in limited cases, and gives qualifying members a retirement allowance.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45310.7. (a) On and after January 1, 2003, a member who is credited with less than the number of years of service required for vesting shall have the right to elect to leave accumulated contributions on deposit in the retirement fund of the city’s retirement system. Failure to make an election to withdraw accumulated contributions shall be deemed an election to leave accumulated contributions on deposit in the system’s retirement fund. (b) An election to allow accumulated contributions to remain in the system’s retirement fund may be revoked by the member at any time except: (1) while the member is employed in service in a position in which the member is not excluded from membership in the system with respect to that service; (2) while the member is in service as a member of a public retirement system supported, in whole or in part, by state funds; or (3) while the member is in service in a reciprocal retirement system, entered within six months after discontinuing service in the city’s retirement system. All accumulated contributions made up to the time of revocation may then be withdrawn. (c) A member whose membership continues under this section is subject to the same age, service, and disability requirements as apply to other members for service or disability retirement. After the qualification of the member for retirement by reason of age, which shall be the lowest age applicable to any membership category in which the member has credited service, or disability, the member shall be entitled to receive a retirement allowance based upon the amount of the member’s accumulated contributions and service standing to the member’s credit at the time of retirement and on the employer contributions held for the member and calculated in the same manner as for other members. (d) Service, solely for purposes of meeting minimum service qualifications for service or disability retirement, shall also include service credited as an employee of a reciprocal system when the member retires concurrently from all reciprocal retirement systems. A member whose combined service from all reciprocal retirement systems does not meet the minimum service qualifications may not receive a service or disability retirement from this system. (e) For purposes of this section, “accumulated contributions” means the sum of all member contributions standing to the credit of a member’s individual account, and interest thereon. (f) It is the intent of the Legislature in enacting this section to recognize that the state has a compelling interest in ensuring that its public agencies recruit and retain the highest caliber of public employees by allowing local public employees to retain the service credit that they earned through their service as local public employees in order to encourage them to return to public employment and continue to serve the public. (Amended by Stats. 2003, Ch. 62, Sec. 155. Effective January 1, 2004.)
  100. 45311.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

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    This section gives eligible local prosecutors, public defenders, and public defender investigators access to city safety-member pension benefits, lets them file a written election not to join those benefits, and allows a city council or board of supervisors to make the section operative by ordinance.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45311. (a) It is the intent of the Legislature in enacting this section to recognize a public obligation to all those whose duties as local prosecutors, local public defenders, and local public defender investigators expose them to more than ordinary risks in their contribution to an effective statewide criminal justice system and to ensure that those who serve as local prosecutors, local public defenders, and local public defender investigators and who become incapacitated in the performance of their duties or by age may be replaced by more capable employees and shall receive pension benefits commensurate with those received by local prosecutors, local public defenders, and local public defender investigators in other jurisdictions within the state. (b) The ordinance shall provide that the officers and employees of the city whose positions meet or, on or after January 1, 2002, met the criteria of a local prosecutor, local public defender, or local public defender investigator, as described in Section 20423.6 or 31469.2, shall be accorded those pension benefits accorded to safety members under the retirement system of the city. Notwithstanding the foregoing, the pension benefits accorded to a local prosecutor, local public defender, or local public defender investigator may not be greater than those benefits provided to local safety members of the Public Employees’ Retirement System under Section 21363.1 or safety members of a county retirement system under Section 31664.2. (c) Except as provided in subdivision (e) and notwithstanding any other provision of this chapter, past service shall be converted to safety service, if the past service was rendered in a position that has been made subject to safety benefits pursuant to this section. For local prosecutors described in paragraph (2) of subdivision (b) of Section 20423.6, and paragraph (2) of subdivision (a) of Section 31469.2, service in the office of a district attorney and a local child support agency shall be considered service for the district attorney for purposes of this section. Any unfunded liability resulting from this section shall be paid by the employer. (d) This section shall apply only to a person whose effective date of retirement is on or after the date this section becomes operative in the city. (e) Notwithstanding any other provision of this chapter, within 90 days after this section becomes operative in the city, or on the first day of the calendar month following his or her entrance into service, whichever is later, any local prosecutor, local public defender, or local public defender investigator may file a written election not to become subject to the pension benefits accorded to safety members under the retirement system of the city. (f) This section shall not be operative in a city unless and until the city council or board of supervisors, by ordinance adopted by majority vote, makes this section operative in the city. A resolution to make this section operative in the city shall include all local prosecutors, local public defenders, and local public defender investigators as described in Section 20423.6 or 31469.2. (g) This section does not apply to any local prosecutor, local public defender, or local public defender investigator, as described in Section 20423.6 or 31469.2, who dies prior to the date this section becomes operative in the city. (Added by Stats. 2002, Ch. 1152, Sec. 15. Effective January 1, 2003.)
  101. 45312.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    This section allows private or voluntary contributions to enhance the pension and retirement fund, and lets the legislative body transfer surplus city funds to the fund if it decides those funds may properly be used for that purpose.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45312. Nothing in this article prohibits the enhancement of the pension and retirement fund by private or voluntary contributions, nor the transfer to the fund of any surplus funds of the city which in the sound discretion of the legislative body may properly be used for such purpose. (Added by Stats. 1949, Ch. 79.)
  102. 45313.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The retirement board must require competent medical proof before retiring an officer or employee for physical disability.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45313. The retirement board shall require competent medical proof before retiring any officer or employee for physical disability. (Added by Stats. 1949, Ch. 79.)
  103. 45314.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    If a disability retiree’s disability has lessened, the board must reduce the retirement payment to match the reduced disability, and the payment must stop once the disability fully ends.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45314. After the retirement of a person for disability, if it appears that the disability has diminished, the board shall reduce the retirement payment to correspond with the degree of disability. The retirement payment shall cease when the disability has fully ceased. (Added by Stats. 1949, Ch. 79.)
  104. 45315.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A retirement board’s determination is final and cannot be changed or set aside except for fraud or abuse of discretion.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45315. The determination of the retirement board is final and shall not be modified or set aside except for fraud or abuse of discretion. (Added by Stats. 1949, Ch. 79.)
  105. 45316.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    This article provides an alternative procedure for establishing retirement systems in cities.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45316. This article provides an alternative procedure for the establishment of retirement systems in cities. (Added by Stats. 1949, Ch. 79.)
  106. 45317.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A regularly established fire or police protection district may adopt a retirement system for its employees under this article.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. General [45300 - 45317] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 45317. Any regularly established fire or police protection district may adopt a retirement system for its employees pursuant to this article. (Added by Stats. 1949, Ch. 79.)
  107. 4532.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. )

    Verify source ↗

    This section defines several terms used in the chapter and requires a company planning to work at a qualifying worksite to submit a map with its bid or proposal showing the worksite location.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. ) ## 4532. As used in this chapter: (a) “California-based company” means either of the following: (1) A business or corporation whose principal office is located in California, and the owners, or officers if the entity is a corporation, are domiciled in California. (2) A business or corporation that has a major office or manufacturing facility located in California and that has been licensed by the state on a continuous basis to conduct business within the state and has continuously employed California residents for work within the state during the three years prior to submitting a bid or proposal for a state contract. (b) “Distressed area” means a census tract determined by the Department of Finance, pursuant to Section 13073.5, to be in the top quartile of census tracts for having the highest unemployment and poverty in the state. (c) “Person with a high risk of unemployment” means a person who: (1) As a member of one of the eligible groups defined in Section 321 of Public Law 95-600, qualifies an employer who hires them for the federal Targeted Jobs Tax Credit. These groups are: economically disadvantaged youth, economically disadvantaged Vietnam-era veterans, economically disadvantaged ex-convicts, vocational rehabilitation referrals, youth participating in a qualified cooperative education program, recipients of supplemental security income benefits under Title XVI of the Social Security Act, and general assistance recipients. (2) Would have qualified an employer hiring them for the federal Work Incentive/Welfare Tax Credit authorized by Section 322 of Public Law 95-600. These persons include applicants and recipients of aid to families with dependent children who would have registered for the federal Work Incentive Program, and aid to families with dependent children recipients who have been receiving welfare for at least 90 days. (3) Is a member of a group identified in subdivision (j) of Section 14005 of the Unemployment Insurance Code. (d) “Poverty” means the poverty level, as defined by the United States Department of Commerce, Bureau of the Census in the Federal Register, Volume 43, Number 87, for Thursday, May 4, 1978, at pages 19260–19269, and as periodically updated. (e) “Worksite” means either of the following: (1) A business located within a distressed area. (2) A business located in directly adjoining census tract blocks that when attached to the distressed area forms a contiguous boundary. A company that intends to perform the work at a worksite described in this paragraph shall submit a map with the bid or proposal identifying where the worksite is located. (Amended by Stats. 2021, Ch. 756, Sec. 3. (AB 1574) Effective January 1, 2022.)
  108. 4533.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. )

    Verify source ↗

    When the state solicits a goods contract over $100,000, it must award specified preferences unless the contract fixes the worksite in the contract terms.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. ) ## 4533. (a) Whenever the state prepares a solicitation for a contract for goods in excess of one hundred thousand dollars ($100,000), except a contract in which the worksite is fixed by the provisions of the contract, the state shall award the following preferences: (1) A workplace preference of 5 percent to California-based companies who demonstrate and certify under penalty of perjury that of the total labor hours required to manufacture the goods and perform the contract, at least 50 percent of the hours shall be accomplished at an identified worksite or worksites located in a distressed area. (2) A workforce preference of between 1 percent and 5 percent, as specified in Section 4533.1, to California-based companies that demonstrate and certify under penalty of perjury that the workforce completing those labor hours are persons with a high risk of unemployment, as defined in Section 4532. (b) The combined cost of preferences granted under this section shall not exceed one hundred thousand dollars ($100,000) in total, pursuant to Section 4535.2. (Amended by Stats. 2022, Ch. 28, Sec. 55. (SB 1380) Effective January 1, 2023.)
  109. 4533.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. )

    Verify source ↗

    The state must give a contract preference to qualifying bidders, with the preference level tied to the bidder’s hiring commitment and certain location conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. ) ## 4533.1. Where a bidder complies with the provisions of Section 4533 or 4534, or the worksite or worksites where at least 50 percent of the labor required to perform the contract is within commuting distance of a distressed area, the state shall award a 1-percent preference for bidders who certify under penalty of perjury to hire persons with high risk of unemployment equal to 5 to 9 percent of its workforce during the period of contract performance; a 2-percent preference for bidders who shall agree to hire persons with high risk of unemployment equal to 10 to 14 percent of its workforce during the period of contract performance; a 3-percent preference for bidders who shall agree to hire persons with high risk of unemployment equal to 15 to 19 percent of its workforce during the period of contract performance; and a 4-percent preference for bidders who shall agree to hire persons with high risk of unemployment equal to 20 or more percent of its workforce during the period of contract performance. (Amended by Stats. 2021, Ch. 756, Sec. 5. (AB 1574) Effective January 1, 2022.)
  110. 4534.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. )

    Verify source ↗

    For certain service contracts over $100,000, the state must award specified price preferences if the bidder meets the stated California-based company and certification conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. ) ## 4534. (a) In evaluating proposals for contracts for services in excess of one hundred thousand dollars ($100,000), except a contract in which the worksite is fixed by the provisions of the contract, the state shall award the following preferences: (1) A workplace preference of 5 percent on the price submitted by California-based companies that demonstrate and certify under penalty of perjury that not less than 90 percent of the total labor hours required to perform the contract shall be accomplished at an identified worksite or worksites. (2) A workforce preference of between 1 percent and 5 percent, as specified in Section 4533.1, to California-based companies that demonstrate and certify under penalty of perjury that the workforce completing those labor hours are persons with a high risk of unemployment, as defined in Section 4532. (b) The combined cost of preferences granted under this section shall not exceed one hundred thousand dollars ($100,000) in total, pursuant to Section 4535.2. (Amended by Stats. 2022, Ch. 28, Sec. 56. (SB 1380) Effective January 1, 2023.)
  111. 45341.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Pension and Retirement Systems [45341 - 45345] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body may establish a pension plan and provide retirement and death benefits for city employees.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Pension and Retirement Systems [45341 - 45345] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. ) ## 45341. The legislative body may establish a pension plan and provide retirement and death benefits for city employees in order to effect economy and efficiency in the public service and provide a means by which employees who become superannuated or otherwise incapacitated may, without hardship or prejudice, be replaced by more capable employees. (Added by Stats. 1949, Ch. 79.)
  112. 45342.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Pension and Retirement Systems [45341 - 45345] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. )

    Verify source ↗

    A pension or retirement system must be financially sound and must provide contributions from both the city and employee members, based on payroll percentages.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Pension and Retirement Systems [45341 - 45345] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. ) ## 45342. Any pension or retirement system adopted shall be on a sound actuarial basis and provide for contributions by both the city and the employee members of the system which shall be based on percentages of pay roll to be changed only by adjustments on account of experience under the system. (Added by Stats. 1949, Ch. 79.)
  113. 45343.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Pension and Retirement Systems [45341 - 45345] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. )

    Verify source ↗

    Contributions must be enough to build a retirement fund that can pay the promised benefits for an employee’s service as a member of the system, with no further contributions from any source.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Pension and Retirement Systems [45341 - 45345] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. ) ## 45343. Contributions shall be in amounts which will accumulate at retirement a fund sufficient to carry out the promise to pay benefits to the individual on account of his service as a member of the system, without further contributions from any source. (Added by Stats. 1949, Ch. 79.)
  114. 45344.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Pension and Retirement Systems [45341 - 45345] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. )

    Verify source ↗

    Employer additional contributions must cover benefits for service rendered before membership in the system; that prior service liability may be funded over a fixed period of years.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Pension and Retirement Systems [45341 - 45345] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. ) ## 45344. Benefits based on service rendered prior to membership in the system shall be met by additional contributions of the employer. Such prior service liability may be funded over a fixed period of years. (Added by Stats. 1949, Ch. 79.)
  115. 45345.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Pension and Retirement Systems [45341 - 45345] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. )

    Verify source ↗

    A city may contract with the State Employees’ Retirement System board to place all or part of its employees under that retirement system.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 5. EMPLOYEES [45000 - 45345] ( Division 5 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Retirement [45300 - 45345] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Pension and Retirement Systems [45341 - 45345] ( Heading of Article 2 amended by Stats. 1955, Ch. 624. ) ## 45345. As an alternate method of providing a retirement system, the city may contract with the Board of Administration of the State Employees’ Retirement System and enter all or any portion of its employees under such system pursuant to law and under the terms and conditions of such contract. (Added by Stats. 1949, Ch. 79.)
  116. 4535.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. )

    Verify source ↗

    State contracts for preferred bidders must include conditions requiring performance at the specified location and compliance with any commitment to employ persons with high risk of unemployment.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. ) ## 4535. All state contracts issued to bidders who are awarded preferences under this chapter shall contain conditions to ensure that the contractor performs the contract at the location specified and meets any commitment to employ persons with high risk of unemployment. (Added by Stats. 1983, Ch. 323, Sec. 35.7. Effective July 1, 1983.)
  117. 4535.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. )

    Verify source ↗

    A business that gets a contract preference because of a false certification can face repayment, a penalty, and a temporary ban on doing business with the state.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. ) ## 4535.1. A business that requests and is given the preference provided for in Section 4533, 4533.1, 4534, or 4534.1 by reason of having furnished a false certification, and which by reason of that certification has been awarded a contract to which it would not otherwise have been entitled, shall be subject to all of the following: (a) Pay to the state any difference between the contract amount and what the state’s cost would have been if the contract had been properly awarded. (b) In addition to the amount specified in subdivision (a), be assessed a penalty in an amount of not more than 10 percent of the amount of the contract involved. (c) Be ineligible to directly or indirectly transact any business with the state for a period of not less than six months and not more than 36 months. Prior to the imposition of any sanction under this chapter, the contractor or vendor shall be entitled to a public hearing and to five days’ notice of the time and place thereof. The notice shall state the reasons for the hearing. (Amended by Stats. 2004, Ch. 277, Sec. 1. Effective January 1, 2005.)
  118. 4535.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. )

    Verify source ↗

    A bidder’s preference and incentive under this chapter is capped at 15%, with dollar caps of $50,000 for a single preference and $100,000 combined. Qualified small business bidders must get precedence over nonsmall business bidders in award decisions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. ) ## 4535.2. (a) The maximum preference and incentive a bidder may be awarded pursuant to this chapter and any other provision of law shall be 15 percent. However, in no case shall the maximum preference and incentive cost for a single preference under this chapter exceed fifty thousand dollars ($50,000) for any bid, nor shall the combined cost of preferences and incentives granted pursuant to this chapter and any other provision of law exceed one hundred thousand dollars($100,000). In those cases where the 15-percent cumulated preference and incentive cost would exceed the one hundred thousand dollar ($100,000) maximum preference and incentive cost limit, the one hundred thousand dollar ($100,000) maximum preference and incentive cost limit shall apply. (b) Notwithstanding the provisions of this chapter, small business bidders qualified in accordance with Section 14838 shall have precedence over nonsmall business bidders in that the application of any bidder preference for which nonsmall business bidders may be eligible, including the preference contained in this chapter, shall not result in the denial of the award to a small business bidder. This subdivision shall apply to those cases where the small business bidder is the lowest responsible bidder, as well as to those cases where the small business bidder is eligible for award as the result of application of the 5-percent small business bidder preference and incentive. (Amended by Stats. 2021, Ch. 756, Sec. 7. (AB 1574) Effective January 1, 2022.)
  119. 4535.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. )

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    The Department of General Services must adopt rules, regulations, and guidelines to implement this chapter, working with several named departments and under the direction of the State and Consumer Services Agency.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Target Area Contract Preference Act [4530 - 4535.3] ( Chapter 10.5 added by Stats. 1983, Ch. 323, Sec. 35.7. ) ## 4535.3. The Department of General Services, with the cooperation of the Employment Development Department, the Department of Industrial Relations and the Office of Planning and Research, and under the direction of the State and Consumer Services Agency, shall adopt appropriate rules, regulations, and guidelines to implement this chapter. (Added by Stats. 1983, Ch. 323, Sec. 35.7. Effective July 1, 1983.)
  120. 4550.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Antitrust Claims [4550 - 4554] ( Chapter 11 added by Stats. 1978, Ch. 414. )

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    This section defines “public purchase” and “public purchasing body” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Antitrust Claims [4550 - 4554] ( Chapter 11 added by Stats. 1978, Ch. 414. ) ## 4550. As used in this chapter: (a) “Public purchase” means a purchase by means of competitive bids of goods, services, or materials by the state or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. (b) “Public purchasing body” means the state or the subdivision or agency making a public purchase. (Amended by Stats. 1990, Ch. 694, Sec. 3.)
  121. 4552.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Antitrust Claims [4550 - 4554] ( Chapter 11 added by Stats. 1978, Ch. 414. )

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    A bidder to a public purchasing body must assign specified antitrust causes of action to the purchasing body if the bid is accepted, and the assignment takes effect when final payment is tendered.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Antitrust Claims [4550 - 4554] ( Chapter 11 added by Stats. 1978, Ch. 414. ) ## 4552. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. The preceding provisions of this section shall be included in full in any specifications for the public purchase and shall be included in full in the bid agreement or general provisions incorporated into the bid agreement. (Added by Stats. 1978, Ch. 414.)
  122. 4553.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Antitrust Claims [4550 - 4554] ( Chapter 11 added by Stats. 1978, Ch. 414. )

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    If a public body gets a recovery in an assigned antitrust claim, the assignor is entitled to reimbursement of actual legal costs and may demand certain recovery amounts tied to overcharges. For state contracts, the section must be included in the purchase specifications and bid documents.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Antitrust Claims [4550 - 4554] ( Chapter 11 added by Stats. 1978, Ch. 414. ) ## 4553. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. In state contracts, the preceding provisions of this section shall be included in full in any specifications for the public purchase and shall be included in full in the bid agreement or general provisions incorporated into the bid agreement. (Amended by Stats. 1984, Ch. 740, Sec. 1.)
  123. 4554.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Antitrust Claims [4550 - 4554] ( Chapter 11 added by Stats. 1978, Ch. 414. )

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    If the assignor makes a written demand, the assignee must reassign the assigned cause of action within one year if the stated conditions are met.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Antitrust Claims [4550 - 4554] ( Chapter 11 added by Stats. 1978, Ch. 414. ) ## 4554. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. In state contracts, the preceding provisions of this section shall be included in full in any specifications for the public purchase and shall be included in full in the bid agreement or general provisions incorporated into the bid agreement. (Amended by Stats. 1984, Ch. 740, Sec. 2.)
  124. 4560.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Child Care Facilities for State Employees [4560 - 4563] ( Heading of Chapter 12 renumbered from Chapter 11 (as added by Stats. 1980, Ch. 913) by Stats. 1981, Ch. 714, Sec. 159. )

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    State office buildings that meet the section’s size and renovation triggers must reserve space for child care if there is enough need, and the Director of General Services controls how the space is managed.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Child Care Facilities for State Employees [4560 - 4563] ( Heading of Chapter 12 renumbered from Chapter 11 (as added by Stats. 1980, Ch. 913) by Stats. 1981, Ch. 714, Sec. 159. ) ## 4560. (a) The Legislature finds and declares that there is a substantial need to provide adequate child care facilities for state employees. (b) When the state constructs, acquires, or receives as a gift any office building that can accommodate 700 or more state employees, or when additions, alterations, or repairs are made to any existing state-owned office building that can accommodate 700 or more state employees, and the additions, alterations, or repairs both change and affect the use of 25 percent of the net square feet area of the building and include the addition to, alteration of, or repair of the first floor, adequate space shall be designated within the building to meet the child care needs of those employees, if a review of those employees slated to occupy the new or renovated building shows sufficient need for child care services for 30 or more children. The review shall be conducted by the Department of General Services and the Child Development Programs Advisory Committee established pursuant to Section 8286 of the Education Code. (c) The Director of General Services may secure space in any adequate facility for the same purposes if funds for the offsite facilities are made available and the director determines that any of the following conditions exist: (1) All other physical requirements controlling the development of the child care facilities within the office building cannot be utilized. (2) It is more cost-efficient for the state to provide for equivalent child care facilities within a reasonable distance of the place of employment. (3) Locating the child care center within a reasonable distance offsite would provide an enhanced facility for the children or would mitigate security concerns. (d) Existing state office buildings, at the discretion of the Director of General Services, may be retrofitted to accommodate a child care facility. State funds required for the retrofitting shall be subject to regular budgetary procedures and approvals. (e) Space designed within a state-owned office building for the child care facility shall comply with the prevailing local and state safety building codes for child care facilities. (f) The indoor activity space and outdoor activity space shall comply with requirements in Title 22 of the California Code of Regulations. (g) Utilization of the space shall be subject to terms and conditions set forth by the Director of General Services. The terms shall include payment of rent, proof of financial responsibility, and maintenance of space. The space shall be made available to employees who wish to establish child care facilities at a rate to be established by the Director of General Services based upon the actual cost to the state, the average cost of state-owned space in the area, or the statewide average cost of state-owned space, whichever is less. If, however, the director determines that a lower rent must be charged to ensure the viability of a child care facility, the director may charge a lower rate. (h) (1) The department or departments occupying the building shall notify the employee-occupants in writing of the availability of space to be used for a child care facility no earlier than 180 days prior to the projected date of occupancy of a new building or space provided as the result of additions, alterations, or repairs to an existing state-owned building, and the additions, alterations, or repairs that both change and affect the use of 25 percent of the net square feet area of the building and include the addition to, alteration of, or repair of the first floor. If, within 30 days after full occupancy of a new office building or 30 days after the completion of additions, alterations, or repairs to an existing state-owned office building, the employee-occupants so desiring have not filed an application with the Secretary of State as a nonprofit corporation for the purpose of organizing a child care center, deposited two months’ rent in a commercial or savings account, and entered into a contract with the Department of General Services, the space may be used for any other purpose, as long as no permanent alteration of the space occurs. Other purposes may include, but are not limited to, conference rooms, storage areas, or offices. The space for child care shall be held for the employee-occupants’ nonprofit corporation only as long as they pay the monthly rent and meet the terms set forth in the contract. Payment of rent shall commence 30 days after full occupancy of a new office building or 30 days after completion of additions, alterations, or repairs, as specified in this section. (2) If, at a later date, the employee-occupants so desiring (A) file an application with the Secretary of State as a nonprofit corporation for the purpose of organizing a child care facility, (B) deposit two months’ rent in a commercial or savings account, and (C) notify the Director of General Services of those actions, then the space shall be reconverted for child care purposes within 180 days of the notice. (i) Children from families in which at least one parent or guardian is a state employee shall be given priority admission over other children to the child care facility. (j) When a child care center within a state-owned office building has been operative for five years, the Director of General Services shall assess the child care needs of the state employees using the center and the office space needs of the building within which the center is located. If the assessment demonstrates a greater need for office space than for child care, the Director of General Services may close the child care center. Ninety days’ written notice of the closure shall be given to the director or head teacher of the center. (k) This section does not apply to buildings that provide care or 24-hour residential care for patients, inmates, or wards of the state, such as state hospitals and correctional facilities. (Amended by Stats. 2017, Ch. 235, Sec. 1. (SB 401) Effective January 1, 2018.)
  125. 4561.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Child Care Facilities for State Employees [4560 - 4563] ( Heading of Chapter 12 renumbered from Chapter 11 (as added by Stats. 1980, Ch. 913) by Stats. 1981, Ch. 714, Sec. 159. )

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    Child care facilities for California State University and University of California employees must be included in campus master plans and built only if state funding is appropriated.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Child Care Facilities for State Employees [4560 - 4563] ( Heading of Chapter 12 renumbered from Chapter 11 (as added by Stats. 1980, Ch. 913) by Stats. 1981, Ch. 714, Sec. 159. ) ## 4561. Child care facilities for the employees of the California State University and Colleges and the University of California shall be incorporated into the campus master plans and constructed subject to the provision of state funding appropriations by the Legislature. Determination of the need for, eligibility for use, and utilization of those facilities, shall be subject to terms and conditions of the trustees and the regents. For the purposes of this chapter, only this section shall apply to the California State University and Colleges system and the University of California. (Added by renumbering Section 4541 by Stats. 1981, Ch. 714, Sec. 161.)
  126. 4562.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Child Care Facilities for State Employees [4560 - 4563] ( Heading of Chapter 12 renumbered from Chapter 11 (as added by Stats. 1980, Ch. 913) by Stats. 1981, Ch. 714, Sec. 159. )

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    This chapter does not apply to certain state office building design and related work if the Public Works Board approved the working drawing phase before the chapter’s effective date.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Child Care Facilities for State Employees [4560 - 4563] ( Heading of Chapter 12 renumbered from Chapter 11 (as added by Stats. 1980, Ch. 913) by Stats. 1981, Ch. 714, Sec. 159. ) ## 4562. This chapter shall not apply to the design of new state office buildings, additions, alterations, or repairs of existing state-owned office buildings, where the Public Works Board has approved, prior to the effective date of this chapter, the commencement of the working drawing phase of the new state office building. (Added by renumbering Section 4542 by Stats. 1981, Ch. 714, Sec. 162.)
  127. 4563.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Child Care Facilities for State Employees [4560 - 4563] ( Heading of Chapter 12 renumbered from Chapter 11 (as added by Stats. 1980, Ch. 913) by Stats. 1981, Ch. 714, Sec. 159. )

    Verify source ↗

    Some child care facility rules do not apply to state-owned transportation facilities, and state funds may be used only if specific neutrality conditions are met.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] ( Division 5 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Child Care Facilities for State Employees [4560 - 4563] ( Heading of Chapter 12 renumbered from Chapter 11 (as added by Stats. 1980, Ch. 913) by Stats. 1981, Ch. 714, Sec. 159. ) ## 4563. (a) Sections 4560, 4561, and 4562 are not applicable to any state-owned transportation facility. (b) Space at a state-owned transportation facility may be leased by competitive bid, taking into consideration affordability and quality of care, to a child care operator who has obtained licensure as required by Section 1596.80 of the Health and Safety Code. First priority for child care services provided by the center shall be given to children of state employees who work at the transportation facility and second priority shall be given to children of users of the transportation facility. (c) No state funds shall be provided to any child care operator pursuant to this section unless all of the following conditions are met: (1) The child care facility is open to children without regard to any child’s religious beliefs or any other factor related to religion. (2) No religious instruction is included in the child care program. (3) The space in which the child care program is operated is not utilized in any manner to foster religion during the time it is used for child care. (d) The Legislature finds and declares that the use of public property or facilities for the purpose of furnishing child care services for the benefit of persons using public transit is in the public interest and serves a public purpose. (Amended by Stats. 1993, Ch. 792, Sec. 2. Effective January 1, 1994.)
  128. 460.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Counties [460- 460.] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The state is divided into counties.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Counties [460- 460.] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 460. The state is divided into counties. The names, boundaries, and territorial subdivisions thereof are declared in Title 3 (commencing with Section 23000). (Amended by Stats. 1982, Ch. 454, Sec. 33.)
  129. 5.

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

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    These general provisions, rules of construction, and definitions govern how this code is interpreted unless the provision or context requires otherwise.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 5. Unless the provision or the context otherwise requires, these general provisions, rules of construction, and definitions shall govern the construction of this code. (Enacted by Stats. 1943, Ch. 134.)
  130. 500.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

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    The legal distances in the state are fixed by this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 500. The legal distances in the State are fixed in this chapter. (Enacted by Stats. 1943, Ch. 134.)
  131. 5000.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

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    A qualifying bond owner may present the bond to the treasurer or other legally authorized treasurer-type officer and request that it be converted into a registered bond.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 5000. The owner of any coupon bond, or of any bond payable to bearer, issued by the State, or any county, municipal corporation, or other public corporation in the State may present the bond to the treasurer or other officer who by law performs the duties of treasurer and request the conversion of the bond into a registered bond. (Enacted by Stats. 1943, Ch. 134.)
  132. 50001.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Definitions [50001 - 50002] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This section defines “local agency” for this division as a county, city, or city and county, unless the context requires a different meaning.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Definitions [50001 - 50002] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 50001. “Local agency” as used in this division means county, city, or city and county, unless the context otherwise requires. (Added by Stats. 1949, Ch. 81.)
  133. 50002.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Definitions [50001 - 50002] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This section defines “legislative body” for this division.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Definitions [50001 - 50002] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 50002. “Legislative body” as used in this division, means board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city, unless the context otherwise requires. (Added by Stats. 1949, Ch. 81.)
  134. 5001.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

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    The treasurer, or the officer acting as treasurer, must cancel coupons and mark presented coupon or bearer bonds as registered to the owner.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 5001. The treasurer, or officer performing the duties of treasurer, shall cut off and cancel the coupons of a coupon bond so presented, and shall stamp, print, or write upon the back or the face of a coupon or bearer bond so presented a statement to the effect that the bond is registered in the name of the owner, and that thereafter the interest and principal of the bond are payable to the registered owner. (Enacted by Stats. 1943, Ch. 134.)
  135. 5002.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

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    This section says the bond registration statement may use a substantially similar form.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 5002. The statement may be in substantially the following form: (Date, giving month, year, and day.) This bond is registered pursuant to the statute in such cases made and provided in the name of (Here insert name of owner) and the interest and principal thereof are heareafter payable to such owner. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Treasurer (or such other officer) (Enacted by Stats. 1943, Ch. 134.)
  136. 50020.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    If a statute calls for a local agency to act by resolution, but the agency’s charter requires an ordinance, acting by ordinance counts as compliance.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50020. When a statute requires a local agency to take legislative action by resolution and the local agency is required by its charter to take legislative action by ordinance, action by ordinance is compliance with the statute for all purposes. (Added by Stats. 1949, Ch. 81.)
  137. 50022.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This section defines several terms used in the article, including “code,” “primary code,” “secondary code,” “published,” and “approved.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50022.1. (a) “Code,” as used in this article, means any statute, or any published compilation of rules, regulations or standards adopted by the federal government or the State of California, or by any agency of either of them. It shall include any codification or compilation of existing ordinances of the adopting local agency. It shall include any nationally recognized or approved published compilations of proposed rules, regulations or standards of any private organization or institution which has been in existence for a period of at least three years. (b) “Primary code,” as used in this article, means any code which is directly adopted by reference, in whole or in part, by any ordinance passed pursuant to this article. (c) “Secondary code,” as used in this article, means any code which is incorporated by reference, directly or indirectly, in whole or in part, in any primary code or in any secondary code. (d) “Published,” as used in this article, means issued in printed, lithographed, multigraphed, mimeographed or similar form. (e) “Approved,” as used in this article, means the approval of the legislative body of the local agency, as the result of investigation and tests conducted by such agency or by reason of the accepted principles or tests by recognized national or state authorities, technical, or scientific organizations. (Amended by Stats. 1961, Ch. 1890.)
  138. 50022.10.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A code that has been adopted and fully published, or adopted by reference under this article, may later be recodified or recompiled and then adopted by reference again in the same way.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50022.10. A code adopted and fully published or adopted by reference as provided in this article, may be subsequently recodified or recompiled and thereafter adopted by reference in the same manner as prescribed by this article for the original adoption by reference of the code. (Added by Stats. 1961, Ch. 277.)
  139. 50022.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A local agency may adopt a code by reference if it follows this article’s procedures, and it must name every incorporated primary code in the ordinance title. A code that is required or permitted to satisfy a state statute may be adopted by reference without those procedures.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50022.2. Provided that all the procedures and requirements of this article are complied with, any local agency is hereby authorized to enact any ordinance which adopts any code by reference, in whole or in part; and such primary code, thus adopted, may in turn adopt by reference, in whole or in part, any secondary codes duly described therein. Every primary code which is incorporated in any such adopting ordinance shall be specified in the title of the ordinance. A local agency ordinance may adopt a code, the adoption of which is expressly required or permitted as a condition of compliance with a state statute, by reference without complying with the procedures and requirements of this article. (Amended by Stats. 1957, Ch. 685.)
  140. 50022.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The legislative body must schedule a public hearing after the first reading of the adopting ordinance and related code titles.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50022.3. After the first reading of the title of the adopting ordinance and of the title of the code to be adopted thereby, and of the title of the secondary codes therein adopted by reference, the legislative body shall schedule a public hearing thereon. Notice of the hearing shall be published pursuant to Section 6066 in a newspaper of general circulation in or nearest to the adopting local agency. If there is no such newspaper in the county the notice shall be posted in the same manner as provided for the posting of a proposed ordinance. The notice shall state the time and place of the hearing. It shall also state that copies of the primary code and also copies of the secondary codes, if any, being considered for adoption, are on file with the clerk of the legislative body, and are open to public inspection. The notice shall also contain a description which the legislative body deems sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof. (Amended by Stats. 1957, Ch. 357.)
  141. 50022.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    After a hearing, the legislative body may amend, adopt, or reject the adopting ordinance. Penalty clauses in a code adopted by reference cannot be adopted by reference unless they are set out in full and published in the adopting ordinance, and changes or additions to any code must be published as required for ordinances.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50022.4. After the hearing, the legislative body may amend, adopt or reject the adopting ordinance in the same manner in which it is empowered to act in the case of other ordinances; and, except as to the adoption of a code of existing ordinances of the adopting agency, nothing in this article shall be deemed to permit the adoption by reference of any penalty clauses which may appear in any code which is adopted by reference. Any such penalty clauses may be enacted only if set forth in full, and published, in the adopting ordinance. It is further provided that all changes or additions to any code made by the legislative body shall be published in the manner which is required for ordinances. (Added by Stats. 1953, Ch. 1466.)
  142. 50022.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A local agency must publish in full any ordinance that adopts a code, and it must carry out all publication requirements that apply.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50022.5. Nothing contained in this article shall be deemed to relieve any local agency from the requirement of publishing in full the ordinance that adopts any code, and all provisions applicable to the publication shall be fully carried out. (Amended by Stats. 1996, Ch. 124, Sec. 43. Effective January 1, 1997.)
  143. 50022.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    Copies of adopted primary and secondary codes must be filed with the legislative body clerk 15 days before the hearing and kept available for public inspection while the ordinance is in force.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50022.6. At least one copy of each primary code adopted by reference, and of each secondary code pertaining thereto, all certified to be true copies by the clerk of the legislative body, shall be filed in the office of the clerk of the legislative body at least 15 days preceding the hearing, and shall be kept there for public inspection while the ordinance is in force. However, after the adoption of the code by reference, one copy of the primary code and of each secondary code may be kept in the office of the chief enforcement officer instead of in the office of the clerk of the legislative body. (Amended by Stats. 2008, Ch. 709, Sec. 10.1. Effective January 1, 2009.)
  144. 50022.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A legislative body may adopt an amended code by reference, or enact an ordinance setting out the full amended text, when a code previously adopted by reference has been amended by its original promulgator.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50022.7. If at any time any code which any local agency has previously adopted by reference, shall be amended by the agency which originally promulgated or adopted it, then the legislative body may adopt such amendment or amended code by reference through the same procedure as required for the adoption of the original code; or an ordinance may be enacted in regular manner, setting forth the entire text of such amendment. (Added by Stats. 1953, Ch. 1466.)
  145. 50022.8.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    Certified published copies of the listed codes must be accepted as prima facie evidence in California courts and administrative tribunals.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50022.8. Copies of such codes in published form, duly certified by the clerk of the legislative body, shall be received without further proof as prima facie evidence of the provisions of such codes or public records in all courts and administrative tribunals of this State. (Added by Stats. 1953, Ch. 1466.)
  146. 50022.9.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A city may adopt county ordinances, codes, or parts of them by ordinance if it follows this article’s requirements.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50022.9. A city may enact ordinances which adopt by reference county ordinances, codes, or any parts thereof and any amendments thereto by complying with the requirements of this article. (Added by Stats. 1959, Ch. 374.)
  147. 50023.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A local agency’s legislative body may go to the Legislature, Congress, or government agencies to present information supporting or opposing legislation or action it views as beneficial or detrimental to the local agency.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50023. The legislative body of a local agency, directly or through a representative, may attend the Legislature and Congress, and any committees thereof, and present information to aid the passage of legislation which the legislative body deems beneficial to the local agency or to prevent the passage of legislation which the legislative body deems detrimental to the local agency. The legislative body of a local agency, directly or through a representative, may meet with representatives of executive or administrative agencies of state, federal, or local government to present information requesting action which the legislative body deems beneficial to, or opposing action deemed detrimental to, such local agency. The cost and expense incident thereto are proper charges against the local agency. (Amended by Stats. 1969, Ch. 1182.)
  148. 50024.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    Legislative bodies of local agencies may join associations and use representatives to present information to the Legislature, Congress, or committees to support or oppose legislation affecting the local agencies.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50024. The legislative bodies of local agencies may enter into associations and through a representative of the associations attend the Legislature and Congress, and any committees thereof, and present information to aid the passage of legislation which the association deems beneficial to the local agencies in the association, or to prevent the passage of legislation which the association deems detrimental to the local agencies in the association. The cost and expense incident thereto are proper charges against the local agencies comprising the association. (Amended by Stats. 1949, Ch. 942.)
  149. 50025.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A legislative body may withdraw from the association by resolution at any time.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50025. By resolution, a legislative body may withdraw from the association at any time. (Added by Stats. 1949, Ch. 81.)
  150. 50026.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A local agency may not tax nonresident employees’ earnings unless it applies the same tax, rate, credits, and deductions to resident employees who work there.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50026. The legislative body of any local agency, chartered or general law, which is otherwise authorized by law or charter to impose any tax on the privilege of earning a livelihood by an employee or any other tax, fee or charge on or measured by the earnings, or any part thereof, of any employee, shall not impose any such tax, fee or charge on the earnings of any employee, when such employee is not a resident of the taxing jurisdiction, unless exactly the same tax, fee or charge at the same rate, with the same credits and deductions, is imposed on the earnings of all residents of the taxing jurisdiction who are employed therein. This section shall not be construed as authorizing any tax prohibited by Section 17041.5 of the Revenue and Taxation Code or any other provision of law, nor shall it be construed so as to prohibit the levy or collection of any otherwise authorized tax upon a business measured by or according to gross receipts. (Added by Stats. 1968, Ch. 559.)
  151. 50026.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

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    Local legislative bodies may not impose taxes, fees, or charges on the sale of stocks, bonds, or other securities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50026.5. (a) The legislative body of any local agency, chartered or general law, which is otherwise authorized by law or charter to impose any tax, shall not impose any tax, fee, or charge on or measured by the sale of any stocks, bonds, or any other securities. (b) It is the intent of the Legislature to prohibit any imposition of any local tax, fee, or charge, in connection with the sale of those securities, whether that imposition is imposed on the transaction itself, on the privilege of engaging in any transaction, or in any other form. (c) The Legislature finds and declares that the need for uniform statewide regulation and taxation of securities transactions is a matter of statewide concern, and it is the Legislature’s intent to regulate the subject matter of securities comprehensively and to occupy the field to the exclusion of local action. (Added by Stats. 1995, Ch. 962, Sec. 1. Effective January 1, 1996.)
  152. 50027.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

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    Cities, counties, and city and county governments may regulate or prohibit astrology services offered for compensation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50027. Any city, county, or city and county in the State of California may, pursuant to such provisions as may be prescribed by its governing body, prohibit or regulate the practice of astrology for compensation. In connection therewith, the governing body may prescribe such rules and regulations as it deems advisable to protect users of such astrological services. The power granted cities, counties, and cities and counties pursuant to this section is in addition to any authority granted by Section 37101 or by charter provision or by Sections 16000 and 16100 of the Business and Professions Code. (Added by Stats. 1974, Ch. 583.)
  153. 50028.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

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    Local governments may require coin-operated viewing machines to have a permanent tally counter, and violations can lead to civil penalties.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50028. (a) The legislative body of any county, city, or city and county, whether general law or chartered, may adopt, by ordinance, such rules and regulations as it deems necessary, which require any coin-operated viewing machine to have permanently attached thereto a tally counter that will count each coin, and accumulate that count or the accumulated amount of money, deposited in the coin-operated viewing machine. The tally counter shall be resistant to tampering, and shall not be capable of being reset to a lower number, and shall display the count in such a manner that the accumulated total is readily visible near the coin insertion slot or opening. For purposes of this section, “coin-operated viewing machine” means any projector, machine, television, or other device that displays for viewing motion pictures, projection slides, filmstrips, photographic pictures, video recordings, or drawings, and that is operated by the viewer, or for the viewer, by means of inserting a coin into the device, an attachment thereto, an enclosure surrounding the device, or any other device electrically or mechanically connected thereto. For purposes of this section, “coin” means any physical object, including, but not limited to, a piece of metal issued by the federal government as money. “Coin-operated viewing machine” does not include an electronic video game of skill wherein the image is created, generated, or synthesized electronically, or coin-operated television receivers that display commercial or public service broadcasts. (b) Notwithstanding any other provision of law, any county ordinance adopted pursuant to this section shall be enforceable within the incorporated, as well as the unincorporated, area of the county, whether general law or chartered, unless a city ordinance in direct conflict with that county ordinance has been adopted, in which case the county ordinance shall be enforceable in the area of the county outside the city. (c) (1) Any person who violates the provisions of the ordinance adopted pursuant to this section shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each machine and each day in which a violation occurs. (2) In determining the amount of the penalty, the court shall take into consideration all relevant circumstances, including, but not limited to, the frequency of inspection, the cashflow through the machine, the amount of revenue derived by other machines in the vicinity, prior revenues generated, the nature and persistence of the violation, and prior violations by the same person or establishment. (d) No peace officer, as defined in Section 830 of the Penal Code, shall check tally counters, provided, however, that an ordinance adopted pursuant to this section may provide for checking of tally counters by a person or persons employed by the adopting county, city, or city and county, other than a peace officer, on a predetermined schedule. (e) The provisions of this section shall not be construed to limit, or otherwise affect, any other power of a county, city, or city and county to license, tax, or regulate business or commercial enterprises or property within their jurisdiction, but shall be in addition to those powers. (Amended by Stats. 2009, Ch. 88, Sec. 53. (AB 176) Effective January 1, 2010.)
  154. 50029.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

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    Orange County supervisors or city councils in that county may, by resolution, create a fee program that makes building permit issuance conditional on payment of a fee.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50029. The board of supervisors of the County of Orange or the city council of any city in that county may, by resolution, establish a fee program requiring the payment of a fee as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares pursuant to the procedures set forth in Section 66484.3. (Added by Stats. 1985, Ch. 195, Sec. 1. Effective July 10, 1985.)
  155. 5003.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

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    After a bond is registered, its principal and interest must be paid to the registered owner.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 5003. After any bond is registered, the principal and interest of the bond are payable to the registered owner. (Enacted by Stats. 1943, Ch. 134.)
  156. 50030.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

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    Cities and counties charging permit fees for certain telecommunications facilities must keep the fee to reasonable service costs and cannot use it for general revenue.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50030. Any permit fee imposed by a city, including a chartered city, a county, or a city and county, for the placement, installation, repair, or upgrading of telecommunications facilities such as lines, poles, or antennas by a telephone corporation that has obtained all required authorizations to provide telecommunications services from the Public Utilities Commission and the Federal Communications Commission, shall not exceed the reasonable costs of providing the service for which the fee is charged and shall not be levied for general revenue purposes. (Amended by Stats. 1997, Ch. 17, Sec. 56. Effective January 1, 1998.)
  157. 50031.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

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    When a city, county, or city and county approves a building permit for an electrified security fence, it must notify the local fire department and fire marshal and give them a copy of the approved permit.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50031. (a) A city, including a charter city, county, including a charter county, or city and county, including a charter city and county, that approves a building permit for the construction of an electrified security fence shall notify the local fire department and fire marshal and provide them with a copy of the approved permit. (b) For purposes of this section, the term “electrified security fence” has the same meaning as that term is defined in Section 835 of the Civil Code. (Added by Stats. 2017, Ch. 138, Sec. 1. (AB 549) Effective January 1, 2018.)
  158. 50032.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

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    Local authorities must adopt minimum crowd safety standards for large outdoor events, and promoters seeking to hold those events must prepare an event operations plan.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50032. (a) It is the intent of the Legislature to establish minimum crowd safety standards to guide local authorities when permitting large outdoor events throughout the state. (b) It is the intent of the Legislature to ensure that the minimum crowd safety standards, as established pursuant to this section, inform the event permitting processes administered by cities, counties, and local public safety agencies to ensure public health and safety at large outdoor events by outlining best practices for the permitting process. (c) For the purposes of this section, the following definitions apply: (1) “Large outdoor event” means an organized outdoor event that is held in a nonpermanent venue featuring performances on one or more stages that has an estimated attendance level of more than 10,000 participants per day. (2) “Local authority” means any city, including a charter city, county, including a charter county, city and county, including a charter city and county, or any applicable local public agency, including a local fire, police, or sheriff’s department. (3) “Nonpermanent venue” means a location not designed to host concerts or festivals on a regular basis, such as a green field or parking lot, that may erect temporary structures for a concert or festival, including, but not limited to, stages, seating, security barriers, or concession services and other event tents. (4) “Promoter” means an individual, association, corporation, partnership, or other organization that arranges, holds, organizes, or otherwise conducts a large outdoor event. (d) (1) A local authority shall adopt the minimum crowd safety standards set forth in subdivision (e). (2) A local authority that has preexisting special events protocols that substantially address crowd safety in accordance with the minimum standards set forth in subdivision (e) is exempt from this section. (e) (1) Under the direction and at the discretion of local authorities, a promoter that seeks to hold a large outdoor event shall prepare an event operations plan that addresses all potential risks of the event. The plan shall include all of the following: (A) Event overview. (B) Site plan, to scale, depicting the event perimeter, all structures onsite, points of ingress and egress, including emergency exits, and crowd circulation areas. (C) Festival management structure. (D) Incident command post operations. (E) Security plan. (F) Crowd management for ingress, venue circulation, egress, and front-of-stage management. (G) Medical plan. (H) Emergency action plan that includes, but is not limited to, response to a severe weather natural disaster, a person presenting a substantial threat, response to injury, an emergency show stop procedure, and communications plans for both internal and public-facing communication. (2) Notwithstanding paragraph (1), if the event is a performance that by its nature places the performers at risk, including, but not limited to, rodeos and monster truck rallies, the event operations plan need not address that risk. (f) A local authority may approve a large outdoor event upon satisfactory review of the event operations plan, as described in subdivision (e). (g) A local authority may charge the promoter a fee, which may not exceed the reasonable costs to the local authority for the review and approval of the event operations plan. (h) This section does not apply to the permitting of any of the following types of events: (1) An event held at a fair that has adopted the Department of Food and Agriculture’s “Contract Policy and Recommended Best Practices for Contracting by California Fairs.” (2) An event regulated pursuant to Chapter 3 (commencing with Section 27200) of Division 6 of Title 4 of Part 6 of the Penal Code. (3) An event that is part of an annual fair within the network of California fairs, as described in Division 3 (commencing with Section 3001) of the Food and Agricultural Code, if the primary purpose of the event is to exhibit or promote the state’s agriculture, livestock, or industrial or natural resources through exhibits, vendors, or other educational programming. (4) This section does not prevent or otherwise limit the ability of a local authority to adopt additional or more stringent requirements applicable to large outdoor events than the requirements of this section. (Added by Stats. 2022, Ch. 441, Sec. 2. (AB 2681) Effective January 1, 2023.)
  159. 50033.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

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    A city, county, or city and county legislative body must not give service credit or pay contributions for service credit to an elective officer unless the service was actually performed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50033. (a) Notwithstanding any other provision of law: (1) The legislative body of a city, county, or city and county shall not grant credit for service to an elective officer for service that the elective officer has not performed. (2) The legislative body of a city, county, or city and county shall not pay contributions for credit for service if an elective officer has not performed the service, regardless of the fact that the elected officer may personally elect to contribute for additional credit for service. (b) The prohibition provided by this section does not preclude an elective officer from choosing to receive credit for service in a retirement system by paying his or her own contributions for that purpose pursuant to the applicable provisions of the retirement system. (Added by Stats. 2006, Ch. 355, Sec. 7. Effective January 1, 2007.)
  160. 50034.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. )

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    Local agencies with public websites or employee email addresses must use .gov or .ca.gov domains by January 1, 2029.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Powers and Duties of Legislative Bodies [50020 - 50034] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50034. (a) (1) No later than January 1, 2029, a local agency that maintains an internet website for use by the public shall ensure that the internet website utilizes a “.gov” top-level domain or a “.ca.gov” second-level domain. (2) If a local agency that is subject to paragraph (1) maintains an internet website for use by the public that is noncompliant with paragraph (1) by January 1, 2029, that local agency shall redirect that internet website to a domain name that does comply with paragraph (1). (b) No later than January 1, 2029, a local agency that maintains public email addresses for its employees shall ensure that each email address provided to its employees utilizes a “.gov” domain name or a “.ca.gov” domain name. (c) For purposes of this section, “local agency” means a city, county, or city and county. (Added by Stats. 2023, Ch. 586, Sec. 2. (AB 1637) Effective January 1, 2024.)
  161. 5004.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

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    The treasurer, or another officer doing the treasurer’s duties, must keep a book in the office showing which bonds are registered and in whose names.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 5004. The treasurer, or other officer performing the duties of treasurer, shall keep in his office a book which shall at all times show what bonds are registered and in whose names respectively. (Enacted by Stats. 1943, Ch. 134.)
  162. 5005.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

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    A registered bond may be transferred by the registered owner, personally or through an attorney, when the bond is presented to the treasurer or other officer.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 5005. After a bond is registered it may be transferred from time to time by the registered owner, in person or by attorney, on presentation of the bond to the treasurer, or such other officer, and the bond be again registered as before. (Enacted by Stats. 1943, Ch. 134.)
  163. 50050.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. )

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    Unclaimed money held by a local agency for three years becomes the agency’s property, except restitution money, and the treasurer may publish notice after that period.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50050. (a) For purposes of this article, “local agency” includes all districts. Except as otherwise provided by law, money, excluding restitution to victims, that is not the property of a local agency that remains unclaimed in its treasury or in the official custody of its officers for three years is the property of the local agency after notice if not claimed or if no verified complaint is filed and served. At any time after the expiration of the three-year period, the treasurer of the local agency may cause a notice to be published once a week for two successive weeks in a newspaper of general circulation published in the local agency. At the expiration of the three-year period, money representing restitution collected on behalf of victims shall be deposited into the Restitution Fund or used by the local agency for purposes of victim services. If a local agency elects to use the money for purposes of victim services, the local agency shall first document that it has made a reasonable effort to locate and notify the victim to whom the restitution is owed. With respect to moneys deposited with the county treasurer pursuant to Section 7663 of the Probate Code, this three-year period to claim money held by a local agency is extended for an infant or person of unsound mind until one year from the date their disability ceases. (b) For purposes of this section, “infant” and “person of unsound mind” have the same meaning as given to those terms as used in Section 1441 of the Code of Civil Procedure. (c) This section shall become operative January 1, 2022. (Repealed (in Sec. 6) and added by Stats. 2021, Ch. 257, Sec. 7. (AB 177) Effective September 23, 2021. Operative January 1, 2022, by its own provisions.)
  164. 50051.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A notice must state the amount of money, the fund holding it, and that the money is proposed to become the local agency’s property on a date set 45 to 60 days after first publication.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50051. The notice shall state the amount of money, the fund in which it is held, and that it is proposed that the money will become the property of the local agency on a designated date not less than forty-five days nor more than sixty days after the first publication of the notice. (Added by Stats. 1949, Ch. 81.)
  165. 50052.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A party of interest may file a claim with the treasurer before the unclaimed money passes to the local agency, and the claim must include specified information.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50052. Upon or prior to publication, a party of interest may file a claim with the treasurer which must include the claimant’s name, address, amount of claim, the grounds on which the claim is founded, and any other information that may be required by the treasurer. The claim shall be filed before the date the unclaimed money becomes the property of the local agency as provided under Section 50051 and the treasurer shall accept or reject that claim. If the claim is rejected by the treasurer, the party who submitted the claim may file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within the county in which the notice is published, and serves a copy of the complaint and the summons issued thereon upon the treasurer. The copy of the complaint and summons shall be served within 30 days of receiving notice that the claim was rejected. The treasurer shall withhold the release of the portion of unclaimed money for which a court action has been filed as provided in this section until a decision is rendered by the court. (Amended by Stats. 1984, Ch. 866, Sec. 2.)
  166. 50052.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. )

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    The treasurer may release certain unclaimed money to listed relatives or representatives if the claim is made in time and supported by satisfactory proof.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50052.5. (a) Notwithstanding Section 50052, the treasurer may release to the depositor of the unclaimed money, their heir, beneficiary, or duly appointed representative, unclaimed money if claimed prior to the date the money becomes the property of the local agency upon submitting proof satisfactory to the treasurer, unless the unclaimed money is deposited pursuant to Section 7663 of the Probate Code. (b) Notwithstanding Section 50052, the treasurer may release unclaimed money deposited with the county treasurer pursuant to Section 7663 of the Probate Code, to any adult blood relative of either the decedent or the decedent’s predeceased spouse. (c) Notwithstanding Section 50052, the treasurer may release unclaimed money deposited with the county treasurer pursuant to Section 7663 of the Probate Code to the parent who has legal and physical custody of a minor who is a blood relative of either the decedent or the decedent’s predeceased spouse without the need to appoint a legal guardian for the minor as follows: (1) If the value of the unclaimed money deposited with the county treasurer is five thousand dollars ($5,000) or less, the treasurer may release the money according to Section 3401 of the Probate Code. (2) If the value of the unclaimed money deposited with the county treasurer is sixty thousand dollars ($60,000) or less, and the money is not released under paragraph (1), the unclaimed money may be released by the treasurer to the parent who shall, after payment of any costs incurred in making the claim, hold the money in trust, to be used only for the care, maintenance, and education of the minor, and the parent shall be liable therefor to the minor under the fiduciary laws of this state. The money held in trust shall be released to the minor when the minor reaches the age of majority. (d) The claim shall be presented to the county treasurer in affidavit form and signed under penalty of perjury. Notwithstanding Section 13101 of the Probate Code, the claimant, to be entitled to the entire escheated estate, needs only to establish with documentary proof the existence of a blood relationship to either the decedent or of the predeceased spouse, if any, and the documentary proof, if regular on its face, need not be certified. Notwithstanding Section 13101 of the Probate Code, the claimant shall not be required to declare that no other person has an equal or superior claim to the escheated estate. The county treasurer may rely in good faith on the sworn statements made in the claim and shall have no duty to inquire into the truth or credibility of evidence submitted. In paying out the escheated estate, the county treasurer shall be held harmless to all. Payment shall act as total acquittance and shall completely discharge the county treasurer from any liability. If the county treasurer rejects any claim made hereunder, the claimant may take his or her grievance to the Superior Court of the county holding the escheated estate. Any claim paid hereunder shall be paid without interest. (Amended by Stats. 2000, Ch. 333, Sec. 1. Effective January 1, 2001.)
  167. 50053.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The legislative body may transfer money in a special fund to the general fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50053. When any such money becomes the property of a local agency and is in a special fund, the legislative body may transfer it to the general fund. (Added by Stats. 1949, Ch. 81.)
  168. 50054.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. )

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    When a city or county does construction work for another public agency, it must charge enough to cover full costs, including labor, materials, equipment, rentals, and reasonable overhead.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50054. Whenever any city or county or city and county renders construction services or constructs public works for any city, county, city and county or any other governmental agency below the level of the state government, the price charged for such services or construction shall be sufficient to reimburse the governmental body performing such services for the full cost thereof including labor, material, equipment costs or rentals and a reasonable allowance for overhead. In computing overhead, without limitation on other factors properly includable, there shall be allocated to the overhead cost its proportionate share of indirect labor and administrative costs. (Added by Stats. 1971, Ch. 558.)
  169. 50055.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. )

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    The legislative body may transfer certain unclaimed small items, or any unclaimed items with an unknown depositor, to the general fund without newspaper notice.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50055. Any other provision of this article notwithstanding, any individual items of less than fifteen dollars ($15), or any amount if the depositor’s name is unknown, which remain unclaimed in the treasury or in the official custody of an officer of a local agency for the period of one year or upon an order of the court may be transferred to the general fund by the legislative body without the necessity of publication of a notice in a newspaper. (Amended by Stats. 1996, Ch. 89, Sec. 1. Effective July 1, 1996.)
  170. 50056.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. )

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    The treasurer may delegate article responsibilities to the agency, district, or department that keeps the supporting records for the unclaimed money.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50056. The responsibilities of the treasurer as provided under this article may be delegated by the treasurer to the agency, district, or department that maintains the supporting records of the unclaimed money based on the initial receipt or deposit of that money or both. (Added by Stats. 1984, Ch. 866, Sec. 4.)
  171. 50057.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. )

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    A county legislative body may, by resolution, let the county treasurer perform certain acts on its behalf for individual items of $5,000 or less, and the county auditor must be informed of each authorized act.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Financial Affairs [50050 - 50057] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50057. For individual items in the amount of five thousand dollars ($5,000) or less, the legislative body of any county may, by resolution, authorize the county treasurer to perform on its behalf any act required or authorized to be performed by it under Sections 50050, 50053, and 50055. The resolution shall require that the county auditor be informed of each act performed under the authorization. (Amended by Stats. 2011, Ch. 382, Sec. 2. (SB 194) Effective January 1, 2012.)
  172. 5006.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

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    Bonds may be issued as coupon bonds, registered bonds, or a mix of both, and this chapter applies to coupon bonds so issued.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 5006. Notwithstanding any provision to the contrary in any law or municipal charter authorizing the issuance of bonds, whenever under any statute of the State or any charter of any municipal corporation in the State, any bonds are issued, they may be issued either in the form of coupon bonds, in the form of registered bonds, or some in the form of coupon bonds and some in the form of registered bonds, as may be provided in the proceedings for the issuance of the bonds. The provisions of this chapter apply to coupon bonds so issued. (Enacted by Stats. 1943, Ch. 134.)
  173. 50060.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

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    This section defines key terms used in the habitat maintenance assessment district article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50060. As used in this article: (a) “District” means a habitat maintenance assessment district formed pursuant to this article. (b) “Improvement” means one or any combination of the following: (1) The acquisition, construction, or rehabilitation of any facilities needed to create, restore, enhance, or maintain natural habitat. (2) The installation or construction of any facilities which are appurtenant to any facilities in paragraph (1) or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. (3) The installation of habitat improvements, including, but not limited to, any of the following: (A) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. (B) The maintenance or servicing, or both, of any of the foregoing. (4) The acquisition of land for habitat maintenance purposes. (5) The acquisition of any existing improvement otherwise authorized pursuant to this article. (c) “Incidental expenses” include all of the following: (1) The costs of preparation of the report, including plans, specifications, estimates, diagrams, and assessment. (2) The costs of printing, advertising, and the giving of published, posted, and mailed notices. (3) Compensation payable to the county for collection of assessments. (4) Compensation of any engineer, scientist, or attorney employed to render services in proceedings pursuant to this article. The compensation shall not exceed the estimated amount required to provide the service. (5) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements. (6) Any expenses incidental to the issuance of bonds or notes pursuant to Section 50068. (7) The costs of biological monitoring and evaluation of collected data related to the establishment or operation of natural habitat. (8) The direct costs incurred by the Department of Fish and Game in approving long-term natural habitat maintenance plans pursuant to Section 2901 of the Fish and Game Code. (d) “Legislative body” means the city council, board of supervisors, or any other governing body of a local agency. (e) “Local agency” means any city, county, or city and county, whether general law or chartered. (f) “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to, all of the following: (1) Repair, removal, or replacement of all or any part of any improvement. (2) Providing for the life, growth, health, and beauty of habitat, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. (3) The removal of trimmings, rubbish, debris, and other solid waste. (4) The operation and management of natural habitat, including biological monitoring and evaluation of collected data. (5) The conduct of biological activities necessary to sustain the species being protected. (Added by Stats. 1993, Ch. 1301, Sec. 3. Effective January 1, 1994.)
  174. 50060.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

    Verify source ↗

    A local agency may create a natural habitat maintenance district, levy assessments for up to 30 years, and use the district only in line with an approved habitat conservation plan.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50060.5. (a) A local agency may, by ordinance or by resolution adopted after notice and hearing, establish a district to provide for the improvement or maintenance of natural habitat. The local agency may perform those functions or contract with the state, another local agency, or a special district to perform those functions. If a local agency establishes a district, it may provide for the levy of assessments for not more than 30 years to pay the cost and incidental expenses of implementing a long-term natural habitat maintenance plan approved by the Department of Fish and Game pursuant to Section 2901 of the Fish and Game Code. Any assessments levied pursuant to this section shall be levied only in accordance with a plan for the conservation of natural habitat approved by the Department of Fish and Game. No plan shall be approved by the Department of Fish and Game unless it contains provisions for the recovery of all costs incurred by the department in its review of the plan for the conservation of natural habitat. (b) The legislative body of the local agency establishing a district shall serve as the legislative body of the district. (c) Notwithstanding any other provision of this article, assessments levied pursuant to this article shall not be reduced or terminated if doing so would interfere with the implementation of an approved plan for the conservation of natural habitat. (d) This article applies only to the implementation of a long-term natural habitat maintenance plan by a district, and does not alter, limit, or otherwise affect any other district that has been, or may be, established pursuant to law, including, but not limited to, any other district relating to wildlife habitat. (e) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5, does not apply to a district formed pursuant to this article. (Amended by Stats. 2003, Ch. 296, Sec. 13. Effective January 1, 2004.)
  175. 50061.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

    Verify source ↗

    This section sets rules for habitat maintenance assessments, including how rates are set, caps on assessment amounts, and when certain agricultural, timber, or livestock land may be assessed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50061. (a) The ordinance or resolution shall establish uniform assessment rates based on the costs of providing the maintenance or improvement by the district. The assessment shall be related to the benefits to the property assessed. The maximum amount that may be assessed for habitat maintenance on any lot or parcel for purposes of paying costs incurred in 1994 for long-term maintenance of natural habitat pursuant to this article shall not exceed twenty-five dollars ($25). For subsequent years, the maximum amount that may be assessed for this purpose shall not exceed twenty-five dollars ($25) increased by the percentage increase in the California Consumer Price Index between December 1993 and December of the year prior to the year of the assessment. The total amount assessed shall not exceed the anticipated actual costs of the authorized maintenance of natural habitat. (b) Notwithstanding subdivision (a), land that is devoted primarily to agricultural, timber, or livestock uses and that is being used for the commercial production of agricultural, timber, or livestock products may be subject to an assessment by a district for the acquisition, construction, or operation and maintenance of natural habitat pursuant to this article only if the legislative body makes both of the following determinations: (1) The agricultural, timber, or livestock land will be specially benefited by the natural habitat. The determination shall identify the nature of the benefit to the land. (2) Agricultural, timber, or livestock uses or practices will be eliminated in a manner that will adversely affect the habitat area or the flora or fauna that the natural habitat is intended to protect, or the owner of the land has agreed to the assessment. No land is subject to an assessment until its agricultural, timber, or livestock use is eliminated or until the owner consents to the assessment, whichever occurs first. (c) Division 4.5 (commencing with Section 3100) of the Streets and Highways Code applies to proceedings in which the legislative body determines to issue bonds or notes pursuant to Section 50068, or to finance a long-term natural habitat maintenance program in a district, and may be applied to any other proceedings pursuant to this article at the discretion of the legislative body. (Amended by Stats. 2004, Ch. 183, Sec. 172. Effective January 1, 2005.)
  176. 50061.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

    Verify source ↗

    The local agency’s legislative body must prepare and file a written report with the clerk before a proposed assessment is imposed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50061.5. (a) The legislative body of the local agency shall cause to be prepared and filed with the clerk of the local agency a written report which shall contain all of the following: (1) Plans and specifications for the improvements. (2) An estimate of the costs of the improvements. (3) A diagram of the district and a description of each lot or parcel of property proposed to be subject to the assessment. (4) The amount of the assessment for each lot or parcel for the initial fiscal year and the maximum amount of the assessment that may be levied for each lot or parcel during any fiscal year thereafter. (5) The duration of the assessment. (6) The basis of the assessment. (7) The schedule of the assessment. (8) A description specifying the requirements for the protest and hearing procedures referred to in Section 50063 necessary for imposing the proposed assessment. (b) If the report proposes the levy of an assessment for more than one year to pay debt service on bonds or notes, or to pay for the maintenance of natural habitat, the report shall also contain both of the following: (1) If bonds or notes will be issued pursuant to Section 50068, an estimate of their principal amount. (2) A general description of the habitat maintenance program and a statement of the maximum costs of the maintenance program for each year of its expected duration. (Amended by Stats. 2000, Ch. 262, Sec. 2. Effective January 1, 2001.)
  177. 50062.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

    Verify source ↗

    The assessment must identify the fiscal year, state the net amount to be assessed, describe each parcel, and apportion the amount among parcels based on estimated benefits. It may use the county assessment roll for parcel descriptions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50062. (a) The assessment shall refer to the fiscal year to which it applies and shall do all of the following: (1) State the net amount, determined in accordance with Section 50061, to be assessed upon assessable lands within the district, which shall include an amount sufficient to pay the principal and interest due during the fiscal year from each parcel on any bonds or notes issued pursuant to Section 50068, and shall also include the amount needed to pay for the long-term natural habitat maintenance program of a district. (2) Describe each assessable lot or parcel of land within the district. (3) Assess the net amount upon all assessable lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements. (b) The assessment may refer to the county assessment roll for a description of the lots or parcels, in which case that roll shall govern for all details concerning the description of the lots or parcels. (Added by Stats. 1993, Ch. 1301, Sec. 3. Effective January 1, 1994.)
  178. 50062.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

    Verify source ↗

    A habitat district that levies an assessment to maintain or improve natural habitat creates a presumption that a lot or parcel specifically benefits from that habitat if certain listed conditions are met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50062.5. If a district established pursuant to this article levies an assessment under this article to maintain or improve natural habitat, any lot or parcel is presumed to specifically benefit from the natural habitat if one or all of the following occur: (a) The past or proposed development or use of that lot or parcel has adversely affected or will adversely affect the habitat area or the flora and fauna which the natural habitat is intended to protect, and the extent to which a parcel benefits from the natural habitat shall be based on the degree to which the past or proposed use of the parcel has adversely affected or will adversely affect the habitat area or the flora or fauna that the natural habitat is intended to protect. (b) The lot or parcel otherwise benefits from the maintenance or improvement of the habitat area or the flora or fauna that the natural habitat is intended to protect. (Added by Stats. 1993, Ch. 1301, Sec. 3. Effective January 1, 1994.)
  179. 50063.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

    Verify source ↗

    After the report is approved, the legislative body must adopt a resolution of intention with specified contents.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50063. After approval of the report, either as filed or as modified, the legislative body shall adopt a resolution of intention. The resolution shall do all of the following: (a) Declare the intention of the legislative body to order the formation of a district, to levy and collect assessments, and, if desired, to issue bonds or notes, to provide for the long-term maintenance of natural habitat pursuant to this article. (b) Generally describe the improvements. (c) Refer to the proposed district by its distinctive designation and indicate the general location of the district. (d) Refer to the report on file with the clerk of the local agency for a full and detailed description of the improvements, the boundaries of the district, any bonds or notes to be issued, any provisions for the long-term maintenance of natural habitat, and the proposed assessments upon assessable lots and parcels of land within the district. (e) Give notice of, and fix a time and place for, a hearing by the legislative body on, among other things, the question of the formation of the district and the levy of the proposed assessment. The notice, protest, and hearing procedures shall comply with Section 53753. (Amended by Stats. 2000, Ch. 262, Sec. 3. Effective January 1, 2001.)
  180. 50063.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

    Verify source ↗

    The legislative body may create zones or areas of benefit in the district and must limit assessments to those areas.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50063.5. (a) The legislative body may establish zones or areas of benefit within the district and shall restrict the imposition of assessments to areas lying within those zones or areas of benefit. (b) The benefit assessment shall be levied on a parcel basis within the boundaries of the district. (c) The assessment may be levied against any parcel that benefits from habitat maintenance services that may be made available whether or not the service is actually used. (Added by Stats. 1993, Ch. 1301, Sec. 3. Effective January 1, 1994.)
  181. 50064.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

    Verify source ↗

    The local agency clerk must give notice that the report has been filed and state the hearing’s time, date, and place.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50064. The clerk of the local agency shall cause notice of the filing of the report prepared pursuant to Section 50061.5, and of a time, date, and place of hearing pursuant to Section 50063. (Amended by Stats. 2000, Ch. 262, Sec. 4. Effective January 1, 2001.)
  182. 50066.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

    Verify source ↗

    A local agency that is a city must pay the county for election costs, and the local agency may recover election and assessment-preparation costs from assessment proceeds.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50066. If the local agency is a city, it shall pay the county for costs, if any, incurred by the county in conducting the election. An election called by a legislative body pursuant to this article is subject to all provisions of the Elections Code applicable to elections called by the local agency. The local agency may recover the costs of the election and any other costs of preparing and levying the assessment from the proceeds of the assessment. (Added by Stats. 1993, Ch. 1301, Sec. 3. Effective January 1, 1994.)
  183. 50067.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

    Verify source ↗

    If there is no majority protest, the legislative body may adopt a resolution to order the improvements, form the district, and confirm the diagram and assessment; that resolution counts as the levy of the assessment.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50067. (a) If no majority protest exists pursuant to Section 53753, the legislative body may adopt a resolution ordering the improvements and the formation of the district and confirming the diagram and assessment, either as originally proposed by the legislative body or as changed by it. Except as provided in subdivision (b) or (c), the adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. (b) If bonds or notes are to be issued pursuant to Section 50068, the adoption of the resolution shall constitute the levy of an assessment for a principal amount which may be collected in annual installments. The clerk shall record a notice and map describing the assessment pursuant to Division 4.5 (commencing with Section 3100) of the Streets and Highways Code. (c) If the district will finance a long-term natural habitat maintenance program, the adoption of the resolution constitutes the levy of a series of annual assessments for each of several years to pay the costs of maintaining natural habitat pursuant to Section 50060.5. The clerk shall record a notice and map describing the assessments pursuant to Division 4.5 (commencing with Section 3100) of the Streets and Highways Code. (Amended by Stats. 2000, Ch. 262, Sec. 9. Effective January 1, 2001.)
  184. 50067.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

    Verify source ↗

    The legislative body may arrange for assessment collection like other local fees and taxes, and a county collecting for a city may deduct its reasonable costs before sending over the balance.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50067.5. The legislative body may provide for the collection of the assessment in the same manner, and subject to the same penalties as, other fees, charges, and taxes fixed and collected by, or on behalf of the local agency. If the assessments are collected by a county on behalf of a city, the county may deduct its reasonable costs incurred for that service before remittal of the balance to the city. (Added by Stats. 1993, Ch. 1301, Sec. 3. Effective January 1, 1994.)
  185. 50068.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

    Verify source ↗

    The legislative body may authorize bonds or notes for the proposed improvements and must keep them within stated repayment and maturity limits.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50068. (a) The legislative body may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of the proposed improvements described in Section 50060.5, other than the costs of maintenance and servicing, under either the Improvement Act of 1911 (Division 7 (commencing with Section 5000), S.& H.C.) or the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500), S.& H.C.). Either Part 5 (commencing with Section 6400) of Division 7 or Division 10 (commencing with Section 8500) of the Streets and Highways Code, as the case may be, shall govern all proceedings relating to the issuance of those bonds. The pertinent provisions of that division which apply to the legislative body of a city shall also apply to the legislative body of a district formed pursuant to this article. Alternatively, the legislative body may determine and declare that notes shall be issued for the same purposes for which bonds may be issued. The maximum term to maturity of any notes issued shall not exceed 10 years. (b) The resolution shall generally describe the proposed improvements specified in Section 50060.5, set forth the estimated cost thereof, specify the number of annual installments and the fiscal years during which they are to be collected, and fix or determine the maximum amount of each annual installment necessary to retire the bonds or notes. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years. The amount of debt service to retire the notes shall not exceed the amount of revenue to be raised from the assessments over 10 years. (c) Notwithstanding any other provision of this article, assessments levied to pay the principal of, and interest on, any bond or note issued pursuant to this section, shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. (Added by Stats. 1993, Ch. 1301, Sec. 3. Effective January 1, 1994.)
  186. 50068.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

    Verify source ↗

    The legislative body must adopt an annual resolution to levy and collect assessments for natural habitat maintenance, and the resolution must include a diagram and an assessment for each lot or parcel.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50068.5. The legislative body shall provide by resolution each year for the levy and collection of annual assessments to pay for the long-term maintenance of natural habitat pursuant to this article in the amounts previously authorized. The resolution shall include a diagram and assessment against each lot or parcel subject to assessment for those purposes. If the assessments are to be increased above the amount levied for the previous year, notice, protest, and hearing procedures shall comply with Section 53753. The levy and collection of assessments for those purposes may be coordinated with the levy and collection of assessments pursuant to any other provision of law in any manner that the legislative body determines to be necessary or convenient. (Amended by Stats. 2000, Ch. 262, Sec. 10. Effective January 1, 2001.)
  187. 50069.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

    Verify source ↗

    Certain assessment-related resolutions must be finished and adopted by July 1 of the collection fiscal year, unless the county auditor authorizes a later date up to the third Monday in August.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50069. Any resolution providing for the levy of assessments for payment of debt service on bond debt or notes, or for the long-term maintenance of natural habitat, or any hearings upon the formation of a district, or upon the levy of annual assessments after formation of a district shall be concluded and any resolution confirming a diagram and an assessment shall be adopted not later than either of the following dates: (a) July 1 of the fiscal year during which the assessments are to be collected on the county assessment roll. (b) A later date, not beyond the third Monday in August, that the county auditor authorizes. (Added by Stats. 1993, Ch. 1301, Sec. 3. Effective January 1, 1994.)
  188. 50069.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

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    Chapter 9 of the Code of Civil Procedure applies to certain actions challenging assessment ordinances or resolutions, and two filing deadlines apply: 90 days for attacks on an increase from an automatic adjustment, and 30 days for appeals from final judgments.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50069.5. (a) Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure applies to any judicial action or proceeding to validate, attack, review, set aside, void, or annul an ordinance or resolution levying an assessment or modifying or amending an existing ordinance or resolution. (b) If an ordinance or resolution provides for an automatic adjustment in an assessment, and the automatic adjustment results in an increase in the amount of an assessment, any action or proceeding to attack, review, set aside, void, or annul the increase shall be commenced within 90 days of the effective date of the increase. (c) Any appeal from a final judgment in the action or proceeding brought pursuant to this section shall be filed within 30 days after entry of the judgment. (Added by Stats. 1993, Ch. 1301, Sec. 3. Effective January 1, 1994.)
  189. 5007.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A legislative or governing body that authorizes bonds may include registration rules in the issuance ordinance, resolution, or order.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Registration of Bonds [5000 - 5009] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## 5007. Any legislative or governing body which authorizes the issuance of bonds of any county, city and county, city, municipal corporation, public district, public authority or other public corporation may, in its ordinance, resolution or order providing for the issuance of such bonds, make any provision for or pertaining to the registration of such bonds, which provisions may be different from or supplemental to the provisions of this chapter or any other law pertaining to registration and which may include, but are not limited to, provisions for the original issuance of all or some of such bonds in registered form, for the subsequent registration of any bond issued in coupon form or payable to bearer, for the form and manner of registration, for registration as to principal only or as to both principal and interest, for changes from one type of registration to another type of registration, for the discharge from registration of any registered bond and for its conversion or reconversion into a coupon bond or bond payable to bearer, for the signature or signatures to be affixed to any new coupons or any new bond issued to accomplish such conversion or reconversion, and for the payment of expenses of registration or of change in or discharge from registration. As used in this section the term “bonds” shall include bonds, warrants, notes and other evidences of indebtedness. (Added by Stats. 1963, Ch. 737.)
  190. 50070.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. )

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    This section says Article 3.1 does not stop other laws from authorizing habitat maintenance fees, charges, assessments, or taxes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.1. Habitat Maintenance Assessment Districts [50060 - 50070] ( Article 3.1 added by Stats. 1993, Ch. 1301, Sec. 3. ) ## 50070. This article does not limit or prohibit the levy or collection of any other fee, charge, assessment, or tax for habitat maintenance authorized by any other provision of law. (Added by Stats. 1993, Ch. 1301, Sec. 3. Effective January 1, 1994.)
  191. 50075.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Voter-Approved Special Taxes [50075 - 50077.5] ( Article 3.5 added by Stats. 1979, Ch. 903. )

    Verify source ↗

    The Legislature states that cities, counties, and districts have authority to impose special taxes under Article XIII A of the California Constitution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Voter-Approved Special Taxes [50075 - 50077.5] ( Article 3.5 added by Stats. 1979, Ch. 903. ) ## 50075. It is the intent of the Legislature to provide all cities, counties, and districts with the authority to impose special taxes, pursuant to the provisions of Article XIII A of the California Constitution. (Amended by Stats. 1980, Ch. 672.)
  192. 50075.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Voter-Approved Special Taxes [50075 - 50077.5] ( Article 3.5 added by Stats. 1979, Ch. 903. )

    Verify source ↗

    A voter-approved local special tax measure must include accountability measures.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Voter-Approved Special Taxes [50075 - 50077.5] ( Article 3.5 added by Stats. 1979, Ch. 903. ) ## 50075.1. On or after January 1, 2001, any local special tax measure that is subject to voter approval that would provide for the imposition of a special tax by a local agency shall provide accountability measures that include, but are not limited to, all of the following: (a) A statement indicating the specific purposes of the special tax. (b) A requirement that the proceeds be applied only to the specific purposes identified pursuant to subdivision (a). (c) The creation of an account into which the proceeds shall be deposited. (d) An annual report pursuant to Section 50075.3. (Added by Stats. 2000, Ch. 535, Sec. 2. Effective January 1, 2001.)
  193. 50075.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Voter-Approved Special Taxes [50075 - 50077.5] ( Article 3.5 added by Stats. 1979, Ch. 903. )

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    The chief fiscal officer of the levying local agency must file a report with the governing body by January 1, 2002, and then at least yearly.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Voter-Approved Special Taxes [50075 - 50077.5] ( Article 3.5 added by Stats. 1979, Ch. 903. ) ## 50075.3. The chief fiscal officer of the levying local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following: (a) The amount of funds collected and expended. (b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1. (Added by Stats. 2000, Ch. 535, Sec. 3. Effective January 1, 2001.)
  194. 50075.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Voter-Approved Special Taxes [50075 - 50077.5] ( Article 3.5 added by Stats. 1979, Ch. 903. )

    Verify source ↗

    This section defines “local agency” and “special district” for this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Voter-Approved Special Taxes [50075 - 50077.5] ( Article 3.5 added by Stats. 1979, Ch. 903. ) ## 50075.5. As used in this article: (a) “Local agency” means any county, city, city and county, including a charter city or county, or any special district. (b) “Special district” means an agency of the state, formed pursuant to general law or a special act, for the performance of governmental or proprietary functions, with limited geographic boundaries, including, but not limited to, a school district and a community college district. (Added by Stats. 2000, Ch. 535, Sec. 4. Effective January 1, 2001.)
  195. 50076.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Voter-Approved Special Taxes [50075 - 50077.5] ( Article 3.5 added by Stats. 1979, Ch. 903. )

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    For this article, a “special tax” does not include a fee that is no more than the reasonable cost of the service or regulatory activity and is not used for general revenue.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Voter-Approved Special Taxes [50075 - 50077.5] ( Article 3.5 added by Stats. 1979, Ch. 903. ) ## 50076. As used in this article, “special tax” shall not include any fee which does not exceed the reasonable cost of providing the service or regulatory activity for which the fee is charged and which is not levied for general revenue purposes. (Added by Stats. 1979, Ch. 903.)
  196. 50077.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Voter-Approved Special Taxes [50075 - 50077.5] ( Article 3.5 added by Stats. 1979, Ch. 903. )

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    A city, county, or district legislative body may propose a special tax by ordinance or resolution, but only after notice and a public hearing, and the tax may be levied only after voter approval of two-thirds of the votes cast.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Voter-Approved Special Taxes [50075 - 50077.5] ( Article 3.5 added by Stats. 1979, Ch. 903. ) ## 50077. (a) Except as provided in Section 7282 of the Revenue and Taxation Code, the legislative body of any city, county, or district may, following notice and public hearing, propose by ordinance or resolution the adoption of a special tax. The ordinance or resolution shall include the type of tax and rate of tax to be levied, the method of collection, and the date upon which an election shall be held to approve the levy of the tax. The proposition shall be submitted to the voters of the city, county, or district, or a portion thereof, and, upon the approval of two-thirds of the votes cast by voters voting upon the proposition, the city, county, or district may levy the tax. (b) The legislative body of a city, or district, may provide for the collection of the special tax in the same manner and subject to the same penalty as, or with, other charges and taxes fixed and collected by the city, or district, or, by agreement with the county, by the county on behalf of the city, or district. If the special taxes are collected by the county on behalf of the city, or district, the county may deduct its reasonable costs incurred for the service before remittal of the balance to the city. (c) The legislative body of a local agency which is conducting proceedings for the incorporation of a city, the formation of a district, a change of organization, a reorganization, a change of organization of a city, a municipal reorganization, or the disincorporation of a city may propose by ordinance or resolution the adoption of a special tax in accordance with the provisions of subdivision (a) on behalf of an affected city or district. (d) As used in this section “district” means an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. (Amended by Stats. 2015, Ch. 304, Sec. 1. (AB 851) Effective January 1, 2016.)
  197. 50077.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Voter-Approved Special Taxes [50075 - 50077.5] ( Article 3.5 added by Stats. 1979, Ch. 903. )

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    This section sets deadlines for court challenges and appeals involving voter-approved special taxes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Voter-Approved Special Taxes [50075 - 50077.5] ( Article 3.5 added by Stats. 1979, Ch. 903. ) ## 50077.5. (a) Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure applies to any judicial action or proceeding to validate, attack, review, set aside, void, or annul an ordinance or resolution approved by the voters pursuant to this article on or after January 1, 1986, that levies a special tax, or modifies or amends an existing ordinance or resolution that levies a special tax. If an ordinance or resolution adopted pursuant to this article on or after January 1, 1986, provides for an automatic adjustment in the rate or amount of any special tax approved by the voters pursuant to this article, and the automatic adjustment increases the amount of the tax, any action or proceeding to attack, review, set aside, void, or annul the increase shall be commenced within 60 days of the effective date of the increase. (b) Any appeal from the final judgment in an action or proceeding brought pursuant to subdivision (a) shall be filed within 30 days after entry of the judgment. (Added by Stats. 1985, Ch. 985, Sec. 10.)
  198. 50078.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.6. Fire Suppression Assessments [50078 - 50078.20] ( Heading of Article 3.6 amended by Stats. 1982, Ch. 1396, Sec. 1. )

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    A local agency that provides fire suppression services may adopt an ordinance or resolution, after notice and hearing, to levy an assessment for those services.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.6. Fire Suppression Assessments [50078 - 50078.20] ( Heading of Article 3.6 amended by Stats. 1982, Ch. 1396, Sec. 1. ) ## 50078. Any local agency which provides fire suppression services directly or by contract with the state or a local agency may, by ordinance or by resolution adopted after notice and hearing, determine and levy an assessment for fire suppression services pursuant to this article. The assessment may be made for the purpose of obtaining, furnishing, operating, and maintaining fire suppression equipment or apparatus or for the purpose of paying the salaries and benefits of firefighting personnel, or both, whether or not fire suppression services are actually used by or upon a parcel, improvement, or property. (Amended by Stats. 1986, Ch. 327, Sec. 1.)
  199. 50078.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.6. Fire Suppression Assessments [50078 - 50078.20] ( Heading of Article 3.6 amended by Stats. 1982, Ch. 1396, Sec. 1. )

    Verify source ↗

    This section defines “legislative body,” “local agency,” and “fire suppression” for this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.6. Fire Suppression Assessments [50078 - 50078.20] ( Heading of Article 3.6 amended by Stats. 1982, Ch. 1396, Sec. 1. ) ## 50078.1. As used in this article, the following terms have the following meanings: (a) “Legislative body” means the board of directors, trustees, governors, or any other governing body of a local agency specified in subdivision (b). (b) “Local agency” means any city, county, or city and county, whether general law or chartered, or special district, including a county service area created pursuant to the County Service Area Law (Chapter 2.5 (commencing with Section 25210) of Part 2 of Division 2 of Title 3). (c) “Fire suppression” includes firefighting and fire prevention including, but not limited to, vegetation removal or management undertaken, in whole or in part, for the reduction of a fire hazard. (Amended by Stats. 2008, Ch. 158, Sec. 5. Effective January 1, 2009.)
  200. 50078.13.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.6. Fire Suppression Assessments [50078 - 50078.20] ( Heading of Article 3.6 amended by Stats. 1982, Ch. 1396, Sec. 1. )

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    A local agency must pay the county for election costs, if any, and may recover election and assessment-preparation costs from assessment proceeds.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. General [50001 - 50290] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.6. Fire Suppression Assessments [50078 - 50078.20] ( Heading of Article 3.6 amended by Stats. 1982, Ch. 1396, Sec. 1. ) ## 50078.13. The local agency shall pay the county for costs, if any, incurred by the county in conducting the election. An election called by a legislative body pursuant to this article is subject to all provisions of the Elections Code applicable to elections called by the local agency. The local agency may recover the costs of the election and any other costs of preparing and levying the assessment from the proceeds of the assessment. (Amended by Stats. 1992, Ch. 349, Sec. 3. Effective January 1, 1993.)

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