Government Code — Part 7 | GOV — United States — California law | Esheria

Government Code

Part 7 of 107 · provisions 1,201–1,400

This act is named the Government Code.

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About this statute

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

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Provisions of Government Code

Showing 200 of 21,333

  1. 12279.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Secretary of State [12152 - 12279] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. State Records Management Act [12270 - 12279] ( Article 7 added by Stats. 2014, Ch. 28, Sec. 24. )

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    If a state agency record is lost or destroyed by fire or another public calamity, the Secretary of State may acquire the right to reproduce part of a public record plant to restore or replace the record or its substance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Secretary of State [12152 - 12279] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. State Records Management Act [12270 - 12279] ( Article 7 added by Stats. 2014, Ch. 28, Sec. 24. ) ## 12279. If a record of a state agency has been lost or destroyed by conflagration or other public calamity, the Secretary of State may acquire the right to reproduce any portion of a public record plant as is necessary for the purpose of restoring or replacing the record or its substance. (Added by Stats. 2014, Ch. 28, Sec. 24. (SB 854) Effective June 20, 2014.)
  2. 1228.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

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    Inmates of state institutions may not be employed to make or produce items for the private use of state officers or institution staff.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1228. An inmate of any state institution shall not be employed in the manufacture or production of any article intended for the private and personal use of any state officer or any officer or employee of any state institution. This section does not prohibit repairing of any kind nor the employment of such inmate in household or domestic work connected with the institution. (Added by Stats. 1951, Ch. 587.)
  3. 1228.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

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    A local agency’s governing board may grant an employee unpaid leave for up to two years to take a temporary U.S. government job in a foreign country, and the employee has a right to return to the former position afterward.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1228.5. The governing board of any local agency may grant to any employee of such local governmental agency, upon request, a leave of absence without pay of not to exceed two years to accept a temporary position with the United States Government for service in a foreign country in a technical co-operation program, and upon termination of such service, and for three months thereafter, such employee shall have the right to be restored to his former position. (Amended by Stats. 1959, Ch. 452.)
  4. 1229.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

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    A public officer responsible for public records may take necessary steps, including moving the records elsewhere in the state, to keep them safe during a proclaimed state of war emergency or state of emergency.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1229. Any public officer who is charged with the custody of public records may take any action, including the transfer of such records to another place within the state, necessary for the safekeeping of such records during any duly proclaimed state of war emergency or state of emergency pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code. (Amended by Stats. 1971, Ch. 38.)
  5. 1230.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

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    A local governing body may grant employees leave for court witness service, jury duty, or compliance with an official order from another governmental jurisdiction.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1230. The governing body of a city, county, city and county, or political subdivision of the State may grant leaves of absence to employees to appear as a witness in court other than as a litigant, to serve on a jury, or to respond to an official order from another governmental jurisdiction for reasons not brought about through the connivance or misconduct of the employee. The governing body may grant such leaves of absence with pay up to the amount of the difference between the employee’s regular earnings and any amount he receives for jury or witness fees. (Added by Stats. 1959, Ch. 1552.)
  6. 1230.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

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    Certain employees called by subpoena to testify must be given paid leave, unless they are parties or expert witnesses, or unless their witness compensation exceeds regular earnings.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1230.1. Whenever any person who is an employee subject to the provisions of Section 1230, or an employee of the state, is served with a subpoena which compels his presence as a witness, unless he is a party or an expert witness, such employee shall be granted a leave of absence with pay in the amount of the difference between the employee’s regular earnings and any amount he receives for such appearance. This section shall not be applicable to appearances for which the employee receives compensation in excess of his regular earnings. (Added by Stats. 1970, Ch. 1127.)
  7. 12302.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12302 - 12305] ( Article 1 added by Stats. 1945, Ch. 111. )

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    The Treasurer may appoint a deputy treasurer and other office staff, set their salaries, and designate or remove a deputy’s powers and liabilities, subject to the Civil Service Act for certain appointments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12302 - 12305] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 12302. The Treasurer may appoint one deputy treasurer at the annual salary as the Treasurer shall establish. The Treasurer may also designate and appoint, or terminate the designation and appointment of, an officer or employee of the Treasurer’s office, in addition to the deputy treasurer, to have the powers and liabilities of a deputy. The appointment or termination of appointment shall be effective upon signing by the Treasurer. The Treasurer may also appoint and fix the salaries, subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), of those officers and employees as may be necessary to carry out the duties of the office. (Amended by Stats. 2021, Ch. 50, Sec. 60. (AB 378) Effective January 1, 2022.)
  8. 12304.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12302 - 12305] ( Article 1 added by Stats. 1945, Ch. 111. )

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    California Highway Patrol peace officers must make routine inspections of the Treasurer’s office premises after normal working hours, including on weekends and holidays.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12302 - 12305] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 12304. Peace officers of the Department of the California Highway Patrol shall make routine inspections of the premises of the Treasurer’s office after normal working hours each day and on Saturdays, Sundays, and holidays. (Amended by Stats. 2012, Ch. 227, Sec. 3. (SB 1578) Effective January 1, 2013.)
  9. 12305.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12302 - 12305] ( Article 1 added by Stats. 1945, Ch. 111. )

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    The Treasurer may buy insurance for securities and money in the Treasurer’s custody, but the insurance amount must not exceed the prior year’s daily average amount of cash and securities held.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12302 - 12305] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 12305. The Treasurer may contract for and secure insurance against the loss of securities and money in the Treasurer’s custody from any insurable risk whatsoever. The amount of insurance obtained shall not exceed the daily average amount of cash and securities respectively, in the custody of the Treasurer in the preceding year. (Amended by Stats. 2021, Ch. 50, Sec. 61. (AB 378) Effective January 1, 2022.)
  10. 1231.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

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    This section says a state officer or employee is not treated as having a break in service, termination, or other employment-status change just because a budget act was not enacted before the fiscal year begins.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1231. No state officer or employee shall be deemed to have a break in service or to have terminated his or her employment, for any purpose, nor to have incurred any change in his or her authority, status, or jurisdiction or in his or her salary or other conditions of employment, solely because of the failure to enact a budget act for a fiscal year prior to the beginning of that fiscal year. A person entering state service on or after the beginning of a fiscal year and before the effective date of the budget act for that fiscal year and who otherwise is a state officer or employee, shall be deemed a state officer or employee from the time he or she entered state service, notwithstanding the failure to enact a budget act for that fiscal year. (Amended by Stats. 1983, Ch. 323, Sec. 32.1. Effective July 1, 1983.)
  11. 1231.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

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    Appropriation funds in the budget act may be used to pay officers and employees the salary they would have received if the budget act had been adopted by July 1 of that fiscal year.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1231.1. Funds from each appropriation made in the budget act for any fiscal year may be expended to pay to officers and employees whatever salary that would have otherwise been received had the budget act been adopted on or prior to July 1 of that fiscal year. (Added by renumbering Section 1232.3 by Stats. 1983, Ch. 323, Sec. 32.5. Effective July 1, 1983.)
  12. 1231.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

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    Budget-appropriation funds may be used to pay certain obligations incurred before the budget act takes effect, if the obligations meet the stated timing and authorization conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1231.2. Funds from each appropriation made in the budget act for any fiscal year may be expended to pay any obligation incurred between the commencement of that fiscal year and the effective date of the budget act for that fiscal year, which would otherwise have been authorized by the budget act of that year had that act been adopted on or prior to July 1 of that year, subject to the same limitations, conditions, and requirements. (Added by renumbering Section 1232.4 by Stats. 1983, Ch. 323, Sec. 32.6. Effective July 1, 1983.)
  13. 12320.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Treasurer must receive and keep state money in the State Treasury vaults or deposit it in banks or credit unions. The Treasurer also must receive and keep state bonds, securities, and investments, but may place them for safekeeping with certain reserve banks or trust institutions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12320. The Treasurer shall receive and keep in the vaults of the State Treasury or deposit in banks or credit unions all moneys belonging to the state, not required to be received and kept by some other person. Bonds, and other securities or investments belonging to the state, except those of the Public Employees’ Retirement System and the State Teachers’ Retirement System, shall be received by the Treasurer and kept in the vaults of the State Treasury or may be deposited by the State Treasurer for safekeeping with any federal reserve bank or any branch thereof, or with any trust company, or the trust department of any state or national bank located in a city designated as a reserve or central reserve city by the Board of Governors of the Federal Reserve System. (Amended by Stats. 2001, Ch. 430, Sec. 7. Effective January 1, 2002.)
  14. 12321.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Treasurer may not receive money into the Treasury unless the Controller has certified it under Section 12414.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12321. The Treasurer shall not receive money into the Treasury unless it is certified by the Controller as provided for in Section 12414. (Amended by Stats. 1957, Ch. 1245.)
  15. 12323.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Treasurer must endorse a memorandum receipt on documents that accompany money deposited into the Treasury.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12323. The Treasurer shall endorse a memorandum receipt upon documents accompanying money transmitted for deposit into the Treasury. (Amended by Stats. 1957, Ch. 1245.)
  16. 12324.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Treasurer must pay warrants drawn by the Controller, unless the warrants were canceled by law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12324. The Treasurer shall pay warrants drawn by the Controller, except warrants canceled pursuant to law. (Amended by Stats. 1957, Ch. 1655.)
  17. 12325.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Treasurer may add payment directions to warrants drawn by the Controller, and must deliver all canceled warrants to the Controller each day. The person receiving payment must give a receipt in the usual way.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12325. The Treasurer may attach to or indorse upon warrants drawn by the Controller an order directing payment by any bank or credit union in which money of the state is on deposit. Upon presentation for payment, the person to whom it is paid shall receipt therefor in the manner customary in the payment of bank or credit union checks. The Treasurer shall deliver daily to the Controller all canceled warrants, taking the Controller’s receipt therefor. (Amended by Stats. 2001, Ch. 430, Sec. 8. Effective January 1, 2002.)
  18. 12326.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Treasurer must keep an account of all money received and disbursed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12326. The Treasurer shall keep an account of all money received and disbursed. (Amended by Stats. 1957, Ch. 1655.)
  19. 12328.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Treasurer must report daily to the Controller the amounts disbursed the previous day and the funds used to pay them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12328. The Treasurer shall report daily to the Controller the amounts disbursed during the preceding day and the funds out of which the disbursements were paid. (Amended by Stats. 1957, Ch. 1288.)
  20. 12329.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Treasurer must report the State treasury’s exact balance and a summary of receipts and payments to the Governor by September 15 in each even-numbered year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12329. On or before the fifteenth day of September in each even-numbered year, the Treasurer shall report to the Governor the exact balance in the treasury to the credit of the State, and a summary of the receipts and payments of the treasury during the two preceding fiscal years. (Added by Stats. 1945, Ch. 111.)
  21. 1233.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

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    Public agencies may ask applicants and employees to voluntarily provide ethnic identification for research and statistical use only, but it cannot be used for hiring, promotion, or discrimination.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1233. Acting in accordance with Executive Order 11246 (30FR 12319), as amended, applicants for employment by, and incumbent employees of, public agencies may be solicited to voluntarily declare their ethnic identification, provided this information shall be used for research and statistical purposes only. Notwithstanding the provisions of this section, it shall be unlawful, for purposes of any appointment, hiring, or promotion, to use this information to discriminate against a prospective or incumbent employee or to give preference to a person identified as a member of an ethnic, racial, or religious group upon the basis of such membership or identification. A separate or tear-off portion of the application shall be written and shall be kept in a separate nonpublic file, accessible only to those charged by the personnel director with research responsibility, for the purpose of discharging that responsibility. The separate sheet or tear-off may contain a number to be used as a cross index to the application. Safeguards to prevent misuse of the information shall be approved by the State Fair Employment Practice Commission, including the point in time at which the separate sheet or tear-off portion of the application shall be maintained in separate nonpublic file. As used in this section, “public agency” means every city, county, and city and county whether chartered or not and every district. (Added by Stats. 1974, Ch. 573.)
  22. 12330.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Treasurer must provide written information to the Legislature on request and must prepare an annual debt affordability report for the Governor and Legislature by October 1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12330. (a) At the request of either house of the Legislature, or of a committee thereof, the Treasurer shall give written information as to the condition of the State Treasury, or upon a subject relating to the duties of the Treasurer’s office. (b) The Treasurer annually shall prepare a debt affordability report, to be presented to the Governor and the Legislature by October 1 of each year. (1) The report is intended to be a framework for the Legislature to evaluate and establish priorities for bills that propose the authorization of additional state debt supported by the General Fund, excluding self-liquidating general obligation debt, during the budget year. The report may also be used to determine the amount to appropriate for debt service for the budget year. (2) The report shall include the following information: (A) A listing of authorized but unissued debt that the Treasurer intends to sell during the current year and the budget year and the projected increase in debt service as a result of those sales. (B) A description of the market for state bonds. (C) An analysis of the ratings of state bonds. (D) A listing of outstanding debt supported by the General Fund. (E) A listing of authorized but unissued debt that would be supported by the General Fund. (F) A schedule of debt service requirements for the items included in subparagraph (D). (G) Identification of pertinent debt ratios, such as debt service to General Fund revenues, debt to personal income, debt to estimated full-value of property, and debt per capita. (H) A comparison of the debt ratios prepared for subparagraph (G) with the comparable debt ratios for the 10 most populous states. (I) A description of the percentage of the state’s outstanding general obligation bonds constituting fixed rate bonds, variable rate bonds, bonds that have an effective fixed interest rate through a hedging contract, and bonds that have an effective variable interest rate through a hedging contract. The report shall also include, for each outstanding hedging contract, a description of the hedging contract, the outstanding notional amount, the effective date, the expiration date, the name and ratings of the counterparty, the rate or floating index paid by the state and the rate or floating index paid by the counterparty, and a summary of the performance of the state’s hedging contracts in comparison to the objectives for which the hedging contracts were executed. (Amended by Stats. 2021, Ch. 50, Sec. 62. (AB 378) Effective January 1, 2022.)
  23. 12331.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. )

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    If a pledge of money is required, it must be approved first and then deposited with the Treasurer on written order. The Treasurer must hold deposited money subject to law and the agency’s written instructions, and the state is responsible for its safe return.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12331. Notwithstanding any general or specific law to the contrary, whenever any law or whenever any state agency or officer requires that a pledge of money be made to secure the performance of an act or duty, the pledges shall first be approved by the governing or administrating state agency or officer and, upon the written order of the state agency or officer, shall be deposited with the Treasurer in accordance with Sections 16305 to 16305.7, inclusive. All money deposited with the Treasurer pursuant to this section shall be held by the Treasurer subject to law and the written order or instructions of the state agency or official making or authorizing the deposit and the state shall be responsible for the safe return thereof. (Amended by Stats. 1983, Ch. 751, Sec. 1.)
  24. 12332.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Treasurer must approve certain state bond, note, or debt issuances when federal tax law requires it. If the Treasurer is unavailable and the issuer is notified, the Attorney General may approve on request in the listed circumstances.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12332. The Treasurer is designated as an elected representative of the state to approve the issuance of bonds, notes, or other evidences of indebtedness, issued by or on behalf of the state, to the extent this approval is required by federal tax law. In the event the Treasurer is unavailable and the Treasurer’s office notifies the issuer of this fact, at the request of the Governor or the Governor’s designee, the Attorney General is designated as an elected representative of the state who may approve the issuance upon request by the issuer, to the extent this approval is required by federal tax law. (Amended by Stats. 2021, Ch. 50, Sec. 63. (AB 378) Effective January 1, 2022.)
  25. 12333.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Treasurer may perform several fiduciary and representative roles, handle trust business tied to certain state obligations, and exercise powers available to private persons and financial entities when acting under this section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12333. (a) The Treasurer may act as trustee, registrar, paying agent, tender agent, custodian, depository, transfer agent, fiscal agent, or in any other fiduciary or representative capacity for any purpose permitted by law, and may accept and execute any trust business permitted by any law of this state or of the United States in connection with the authorization, issuance, sale, and delivery of any and all manner of lease, installment sale or purchase agreement, bond, note, bond anticipation note, certificate of participation, or other obligation or certificate evidencing an obligation of the state or any department, agency, board, commission, authority, or other entity of the state or of which the state is a member. (b) When acting in any capacity authorized by subdivision (a), the Treasurer may exercise all powers that may be exercised by any private person, corporation, bank, trust company, or legal entity in this state. (c) This section constitutes separate and complete authority for the Treasurer to act in accordance with the terms hereof, and is also additional and supplemental to any other law concerning the powers of the Treasurer. (Added by Stats. 1989, Ch. 1366, Sec. 3. Effective October 2, 1989.)
  26. 12334.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Treasurer must consult specified housing agencies, develop a framework for the California Dream For All Program, and report it to the Legislature by the stated deadline.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Treasurer [12302 - 12334] ( Chapter 4 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12320 - 12334] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12334. (a) As soon as April 1, 2022, but no later than one year after the effective date of this chapter, the Treasurer, in consultation with the California Housing Finance Agency, the California Department of Housing and Community Development, and other relevant stakeholders, shall develop a framework for a program called the California Dream For All Program, in accordance with the goals and intent of this section, and submit a report outlining the framework for the program to the Legislature in accordance with Section 9795. The report shall include, but not be limited to, the structure of the program, the administering entity, the program’s financial structure, the type of financial assistance offered to homeowners, and analysis of the feasibility of establishing the program, financial risks to the State of California and the costs and benefits of the program compared to available alternatives and existing programs and how these costs and risks compare to the costs and risks to society of continuing current barriers to homeownership for working families and not combating systemic racism and inequities that have kept generations from building wealth and thriving in the middle class. (b) The goals of the California Dream For All Program shall include, but not be limited to, all of the following: (1) Making home ownership more affordable by reducing the cost of home ownership by up to 45 percent for lower and moderate-income Californians, including, but not limited to, Californians impacted by generational barriers to home ownership due to systemic racism, Californians that lost homes during the Great Recession and have not returned to home ownership, and Californians with substantial higher education student loan debt. (2) Enabling homebuilders and sellers of existing homes to sell homes at a price that is ultimately affordable to lower and moderate-income Californians while also profitable for homebuilders and sellers of existing homes. (3) Evolving the program over time to be self-sustaining utilizing private investments to create a self-sustaining model. (4) Establishing a program to support first-time home buyers purchase a home in partnership with another entity, with the home buyer owning the majority share, with generally all the rights and responsibilities of homeownership, and the other entity owning a minority share, primarily as an investment. (c) It is the intent of the Legislature that the California Dream For All Program include the following elements: (1) Income limits for Californians and price limits for homes eligible for the program, both on a regional basis. (2) Options for initial capitalization for the California Dream For All Fund. (3) Ongoing state financial support limited to nominal administrative costs. (4) Potential incentives to encourage private participation. (5) An option for participating lower and moderate-income Californians with higher education student debt to mitigate the impact of the combined student debt and home mortgage debt burden. (6) Notwithstanding any other provision of the program, a requirement that any home buyers assisted through the program be responsible for all maintenance costs, ad valorem property taxes and special taxes, and insurance requirements for the home. (d) It is the intent of the Legislature that the California Dream For All program be enacted through statute as early as 2022 based on, but not limited to, the report required by this section. (Added by Stats. 2021, Ch. 111, Sec. 1. (AB 140) Effective July 19, 2021.)
  27. 1234.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

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    Public officers serving in elective office in this state cannot receive a retirement allowance based on that service, and retired people who do that service cannot earn extra retirement benefits from it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1234. No public officer while serving in any elective office in this state shall receive a retirement allowance which is based in whole or part upon service in that elective office. The monthly retirement allowance shall be suspended during the period of such service and shall resume upon discontinuance of such service. Any retired person who renders such service shall not acquire any additional retirement rights or benefits thereunder because of such service. In the event that the retired person dies while rendering such service, his survivors shall receive the benefits provided by the system for the survivors of retired persons. “Public officer” for purposes of this section includes every officer of the state, and every officer of a county, city, city and county, district, and authority, and each department, division, bureau, board, commission, agency, or instrumentality of any of the foregoing. “Public officer” shall not include a retired judge while serving under assignment by the Chairman of the Judicial Council. This section shall only be applicable to persons elected to public office after its effective date. (Added by Stats. 1975, Ch. 118.)
  28. 1236.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

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    Certain local government employees who perform audits must do their audit work under the standards named in this section.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1236. (a) All city, county, city and county, and district employees that conduct audits or that conduct audit activities of those respective agencies shall conduct their work under the general and specified standards prescribed by the Institute of Internal Auditors or the Government Auditing Standards issued by the Comptroller General of the United States, as appropriate. The standards generally provide as follows: (1) That auditors should be independent of the activities they audit. (2) That audits should be performed with proficiency and due professional care. (3) That the scope of the audit should encompass the examination and evaluation of the adequacy and effectiveness of the organization’s system of internal control and the quality of performance in carrying out assigned responsibilities. (4) That audit work should include planning the audit, examining and evaluating information, communicating results, and following up. (5) That the chief auditor should properly manage the auditing department. (b) Nothing in this section is intended to limit the rights or obligations of auditors to conduct audits and audit activities in accordance with other laws and regulations that may apply to a particular entity, as appropriate. (Amended by Stats. 2006, Ch. 452, Sec. 1. Effective January 1, 2007.)
  29. 1237.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

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    State and local agencies with at least $50 million in annual spending must consider creating an ongoing audit function.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1237. All state and local agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall consider establishing an ongoing audit function. (Amended by Stats. 2006, Ch. 452, Sec. 1.5. Effective January 1, 2007.)
  30. 1238.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

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    A local governing body may choose whether to implement a Section 1236 standard if it finds the standard would cost more than it would save.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1238. Notwithstanding the provisions of Section 1236, if a city, county, city and county, or district determines that the implementation of any specific standard enumerated in Section 1236 would result in net additional costs which exceed any potential savings, the governing body of that city, county, city and county, or district shall have the option to determine whether or not to implement the specified standard. (Added by Stats. 1982, Ch. 101, Sec. 3.)
  31. 1239.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

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    The Joint Legislative Audit Committee may, by majority vote, grant a waiver to a petitioning agency from compliance with standards in Section 1236.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1239. Notwithstanding the provisions of Section 1236, the Joint Legislative Audit Committee, may, by majority vote, grant a waiver to any agency that petitions the committee from compliance with any standard prescribed in Section 1236. (Added by Stats. 1982, Ch. 101, Sec. 4.)
  32. 12402.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12402 - 12406] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller may organize the office into divisions and appoint or designate certain officers and employees as deputy controllers, subject to the State Civil Service Act and the State Constitution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12402 - 12406] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 12402. The Controller may organize the Controller’s office into divisions and may, in conformity with the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5) and the State Constitution, appoint deputy controllers, chiefs of divisions, and other subordinate officers and employees as may be necessary for the proper conduct of the office. In addition to deputy controllers that may hold title and office pursuant to the power of appointment vested in the Controller by Section 4 of Article VII of the State Constitution or pursuant to appointment of an established classification in the state civil service, the Controller may designate and appoint, or terminate the designation and appointment of, any officers or employees of the Controller’s office having status in other classifications in the state civil service, to act as deputy controllers while performing the duties of their established classifications. Appointments and terminations of appointments made pursuant to this section shall be effective when signed by the Controller. (Amended by Stats. 2021, Ch. 50, Sec. 64. (AB 378) Effective January 1, 2022.)
  33. 12403.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12402 - 12406] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller may appoint one or more employees to administer oaths for returns, reports, affidavits, or other documents filed with the Controller.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12402 - 12406] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 12403. The Controller may designate any one or more of the Controller’s employees to administer oaths in respect to returns, reports, affidavits, or other documents that are required to be filed with the Controller. (Amended by Stats. 2021, Ch. 50, Sec. 65. (AB 378) Effective January 1, 2022.)
  34. 12404.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12402 - 12406] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Certain State Controller’s Office roles are civil executive officers, and the Controller may designate or end that status for other office staff under stated filing conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12402 - 12406] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 12404. All deputy controllers, chiefs of divisions, assistant chiefs of divisions, attorneys, district managers, investigators, and financial data compiler in the State Controller’s Office shall be civil executive officers. The Controller may designate and appoint, or terminate the designation and appointment of, those other officers or employees of the Controller’s office to serve as civil executive officers while performing the duties of their established classifications in the state civil service; those appointments or terminations of appointments to be effective when filed by the Controller in writing in the office of the Secretary of State. (Amended by Stats. 2021, Ch. 50, Sec. 66. (AB 378) Effective January 1, 2022.)
  35. 12405.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12402 - 12406] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    For Article 2 purposes, the State Controller is treated as a department head, and the Office of State Controller is treated as a department.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12402 - 12406] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 12405. For the purposes of Article 2 (commencing with Section 11180) of Chapter 2 of Part 1, the State Controller shall be deemed to be a head of a department and the Office of State Controller shall be deemed to be a department. (Amended by Stats. 1984, Ch. 144, Sec. 107.)
  36. 12406.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12402 - 12406] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Governor, with the Controller’s recommendation, must appoint three deputies for the Controller’s office, and those positions are exempt from state civil service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12402 - 12406] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 12406. In addition to the positions authorized by subdivision (c) of Section 4 of Article VII of the California Constitution for the Controller, the Governor, with the recommendation of the Controller, shall appoint three deputies of the Controller’s office who shall be exempt from state civil service. Appointments to these exempt positions shall not result in any net increase in the expenditures of the Controller. (Added by Stats. 2003, Ch. 228, Sec. 12. Effective August 11, 2003.)
  37. 1241.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    When a California Constitution section uses both “salary” and “compensation” for a public officer or employee, the terms must be read to mean only salary.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Miscellaneous [1220 - 1241] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1241. Whenever a section of the California Constitution uses both the terms “salary” and “compensation”, with respect to a public officer or employee, the terms shall be construed to apply only to salary. (Added by Stats. 1987, Ch. 1356, Sec. 1.)
  38. 12410.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller must oversee the state's fiscal concerns, audit all claims against the state, and may audit state-money disbursements and make additional audits when the regular audit is not adequate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12410. The Controller shall superintend the fiscal concerns of the state. The Controller shall audit all claims against the state, and may audit the disbursement of any state money, for correctness, legality, and for sufficient provisions of law for payment. Whenever, in the Controller’s opinion, the audit provided for by Chapter 4 (commencing with Section 925), Part 3, Division 3.6 of Title 1 of this code is not adequate, the Controller may make a field or other audit of any claim or disbursement of state money as may be appropriate to that determination. (Amended by Stats. 2021, Ch. 50, Sec. 67. (AB 378) Effective January 1, 2022.)
  39. 12410.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller must receive certain local agency audit reports, check them for compliance, and then send them to the designated state agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12410.5. (a) The Controller shall receive every audit report prepared for any local agency, as defined in Section 53890, in compliance with the federal Single Audit Act of 1984 (31 U.S.C. Sec. 7501 et seq.) and required under any law to be submitted to any state agency, and shall, after ascertaining its compliance with that federal act, transmit the report to the designated state agency. (b) The audit report shall be submitted to the Controller within nine months after the end of the period audited or pursuant to applicable federal or state law. (c) An audit report for any local agency submitted to the Controller pursuant to this section shall comply with the Government Auditing Standards issued by the Comptroller General of the United States. (d) If a local agency does not submit the audit report required by this section to the Controller by the due date established in subdivision (b) of this section, the Controller may appoint a qualified certified public accountant or public accountant to complete the report and to obtain the information required. Any cost incurred by the Controller pursuant to this subdivision, including a contract with, or the employment of, the certified public accountant or public accountant, in completing the audit shall be borne by the local agency and shall be a charge against any unencumbered funds of the local agency. (e) Before appointing a certified public accountant or public accountant pursuant to subdivision (d), the Controller shall first notify a local agency of its failure to submit the audit report and give the local agency a reasonable amount of time to submit the report. (f) The Controller shall refer any matters of unprofessional conduct, as defined in Section 5100 of the Business and Professions Code, and multiple and repeated failures to disclose noncompliant acts to the California Board of Accountancy. (Amended by Stats. 2012, Ch. 231, Sec. 1. (AB 1345) Effective January 1, 2013.)
  40. 12410.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Local agencies must use a qualified accountant for audits, and they generally may not hire the same public accounting firm for audit services after six consecutive fiscal years of service by certain key audit partners.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12410.6. (a) An audit for any local agency, including those submitted to the Controller pursuant to subdivision (a) of Section 12410.5, shall be made by a certified public accountant or public accountant, licensed by, and in good standing with, the California Board of Accountancy. (b) Commencing with the 2013–14 fiscal year, a local agency shall not employ a public accounting firm to provide audit services to a local agency if the lead audit partner or coordinating audit partner having primary responsibility for the audit, or the audit partner responsible for reviewing the audit, has performed audit services for that local agency for six consecutive fiscal years. For purposes of calculating the six consecutive fiscal years, the local agency shall not take into account any time that a public accounting firm was employed by that local agency prior to the 2013–14 fiscal year. The Controller may waive this requirement if the Controller finds that another eligible public accounting firm is not available to perform the audit. (Amended by Stats. 2021, Ch. 50, Sec. 68. (AB 378) Effective January 1, 2022.)
  41. 12411.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller must suggest plans to improve and manage public revenues.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12411. The Controller shall suggest plans for the improvement and management of the public revenues. (Added by Stats. 1945, Ch. 111.)
  42. 12412.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller must keep and state all accounts in which the State is interested, keep a separate account for each specific appropriation, and show the undisbursed balance at all times.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12412. The Controller shall keep and state all accounts in which the State is interested and keep a separate account under the head of each specific appropriation, showing at all times the undisbursed balance of the appropriation. (Amended by Stats. 1961, Ch. 1298.)
  43. 12412.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller must account for expenditures and federal funds, report monthly on expenditures and revenue, and keep a records file available for the fiscal data system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12412.1. The Controller shall: (a) Account for expenditures as scheduled in the Budget Act. This accounting shall utilize the uniform code structure developed jointly by the Department of Finance and the Controller. (b) Account for receipt of all federal funds and cross-reference such funds by federal and state activity utilizing the federal revenue accounting system developed by the Department of Finance pursuant to Section 13300. (c) Report monthly on each department’s annual expenditure plan, comparing budget expenditures and actual expenditures as scheduled in the Budget Act and fund source. (d) Report monthly on revenue with a comparison between actual and estimated revenue. (e) Maintain a file of all records prepared or maintained by the Controller. The file shall be made available for purposes of the fiscal data system developed pursuant to subdivision (i) of Section 13337. Reporting requirements under subdivisions (a) to (e), inclusive, of this section may be deemed satisfied upon making data available to the fiscal information system developed pursuant to subdivision (i) of Section 13337. (Amended by Stats. 1984, Ch. 1286, Sec. 3.)
  44. 12413.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller must keep accounts between the State and the Treasurer and record treasury balances, money received, and warrants paid.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12413. The Controller shall keep an account between the State and the Treasurer and charge the Treasurer with the balance in the treasury when he comes into office and with all money received by him, and credit him with all warrants drawn on and paid by him. (Added by Stats. 1945, Ch. 111.)
  45. 12415.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller may require a person presenting an account for settlement to be sworn and to answer questions, orally or in writing, about facts relating to the account.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12415. The Controller may require any person, presenting an account for settlement, to be sworn before him and to answer orally or in writing as to any facts relating to it. (Added by Stats. 1945, Ch. 111.)
  46. 12416.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller must require certain people who received state money and have not accounted for it to settle their accounts, and may inspect the books of people handling public money.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12416. The Controller shall require all persons who have received any money belonging to the State and have not accounted for it to settle their accounts and may inspect the books of any person charged with the receipt, safekeeping, or disbursement of public money. (Added by Stats. 1945, Ch. 111.)
  47. 12417.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller may require specified persons to provide statements, and those persons must submit them in the timeframe and format the Controller requires.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12417. The Controller may require all persons who have received money or securities, or have had the disposition or management of any property of the state of which an account is kept in the Controller’s office to render statements thereof to the Controller. Those persons shall render statements in the timeframe and format required by the Controller. (Amended by Stats. 2021, Ch. 50, Sec. 69. (AB 378) Effective January 1, 2022.)
  48. 12418.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller must oversee collection of money owed to the State and bring lawsuits in the State’s name in listed situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12418. The Controller shall direct and superintend the collection of all money due the State, and institute suits in its name: (a) For all official delinquencies in relation to the assessment, collection, and payment of the revenue. (b) Against persons who by any means have become possessed of public money or property and fail to pay it over or deliver it. (c) Against all debtors of the State. If the action is commenced in a court of competent jurisdiction in Sacramento County such court is the proper court for trial, without regard to the residence of the defendants. (Added by Stats. 1945, Ch. 111.)
  49. 12419.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller must state an account with certain persons holding or managing State money or property, and may charge damages and interest when doing so.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419. The Controller shall state an account with any person who: (a) Has received money or has money or other personal property which belongs to the State by escheat or otherwise, or has been intrusted with the collection, management, or disbursement of any money, bonds, or interest accruing therefrom, belonging to or held in trust by the State, and fails to render an account thereof to and make settlement with the Controller within the time prescribed by law, or when no particular time is specified, fails to render such account and make settlement. (b) Fails to pay into the State treasury any money belonging to the State upon being required so to do by the Controller, within 20 days after such requisition. In stating such an account, the Controller shall charge 25 per cent damages, and interest at the rate of 10 per cent annually from the time of the failure. In any action based thereon a copy of such an account is prima facie evidence of the things therein stated. If the Controller can not for want of information state an account, he may in any action brought by him aver that fact, and allege generally the amount of money or other property which is due or belongs to the State. (Added by Stats. 1945, Ch. 111.)
  50. 12419.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller must, when feasible, offset certain overdue amounts against state payments or other listed funds, and the Franchise Tax Board and DMV have limited rules for using social security numbers in that process.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419.10. (a) (1) The Controller shall, to the extent feasible, offset any amount overdue and unpaid for a fine, penalty, assessment, bail, vehicle parking penalty, or court-ordered reimbursement for court-related services, from a person or entity, against any amount owing the person or entity by a state agency on a claim for a refund from the Franchise Tax Board under the Personal Income Tax Law or the Bank and Corporation Tax Law, from winnings in the California State Lottery, or a cash payment of a claim for unclaimed property held by the state. Standards and procedures for submission of requests for offsets shall be as prescribed by the Controller. Neither the Controller nor the Franchise Tax Board shall condition a request for offset on the submission of a person’s social security number. If sufficient funds are not available to satisfy an offset request, the Controller, after first applying the amounts available to any amount due a state agency, may allocate the balance among any other requests for offset. (2) Any request for an offset for a vehicle parking penalty shall be submitted within three years of the date the penalty was incurred. This three-year maximum term for refund offsets for parking tickets applies to requests submitted to the Controller on or after January 1, 2004. (b) Once an offset request for a vehicle parking penalty is made, a local agency may not accrue additional interest charges, collection charges, penalties, or other charges on or after the date that the offset request is made. Payment of an offset request for a vehicle parking penalty shall be made on the condition that it constitutes full and final payment of that offset. (c) The Controller shall deduct and retain from any amount offset in favor of a city, county, city and county, court, or special district an amount sufficient to reimburse the Controller, the Franchise Tax Board, the California State Lottery, and the Department of Motor Vehicles for their administrative costs of processing the offset payment. (d) If necessary to confirm the identity of a person before making an offset, the Franchise Tax Board may, upon paying any necessary fees, obtain a social security number from the Department of Motor Vehicles, as authorized by subdivision (f) of Section 1653.5 of the Vehicle Code. (e) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1, or any other law, the social security number of a person obtained pursuant to Section 4150, 4150.2, or 12800 of the Vehicle Code is not a public record and shall only be provided by the Department of Motor Vehicles to an authorized agency for the sole purpose of making an offset pursuant to this section for an unpaid vehicle parking penalty or an unpaid fine, penalty, assessment, or bail of which the Department of Motor Vehicles has been notified pursuant to subdivision (a) of former Section 40509 of the Vehicle Code or Section 1803 of the Vehicle Code, responding to information requests from the Franchise Tax Board for the purpose of tax administration, and responding to requests for information from an agency, operating pursuant to and carrying out the provisions of Part A (Block Grants to States for Temporary Assistance for Needy Families), or Part D (Child Support and Establishment of Paternity) of Subchapter IV of Chapter 7 of Title 42 of the United States Code. As used in this section, “authorized agency” means the Controller, the Franchise Tax Board, or the California State Lottery Commission. (Amended (as amended by Stats. 2021, Ch. 615, Sec. 173) by Stats. 2022, Ch. 800, Sec. 1. (AB 2746) Effective January 1, 2023.)
  51. 12419.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Labor Commissioner must ask the Controller to offset unpaid qualifying judgments, the Controller must make feasible offsets from certain refunds or lottery winnings, and corporations or individuals must give the Labor Commissioner identification information when a judgment becomes final.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419.11. (a) The Labor Commissioner shall submit a request to the Controller to offset amounts due from a person or entity as the result of any judgment issued pursuant to Section 98.2 of the Labor Code that is not satisfied within 90 days of the issuance of a final judgment. The Controller shall, to the extent feasible, offset the unpaid amount of the judgment against any amount owing the person or entity on a claim for refund from the Franchise Tax Board under the Personal Income Tax Law or the Bank and Corporation Tax Law, on a claim for refund from the State Board of Equalization under the Sales and Use Tax Law, or from winnings in the California State Lottery. Standards and procedures for submission of requests for offsets shall be as prescribed by the Controller. Whenever insufficient funds are available to satisfy an offset request, the Controller, after first applying the amounts available to any amount due a state agency, may allocate the balance among any other requests for offset. (b) At the time a judgment becomes final, corporations against whom a claim is filed shall be required to provide the Labor Commissioner with the corporation’s identification number issued by the Secretary of State, and an individual against whom a claim is filed shall be required to provide the individual’s social security number. (Amended by Stats. 2021, Ch. 50, Sec. 74. (AB 378) Effective January 1, 2022.)
  52. 12419.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller must, when feasible, offset unpaid bridge toll or high-occupancy toll lane charges against certain state payments or lottery winnings, and may keep part of the offset to cover administrative costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419.12. (a) (1) The Controller shall, to the extent feasible, offset any amount overdue and unpaid for a bridge toll or a high-occupancy toll lane fee and any interest, fine, penalty, bail, collection fee, or other charge on account of nonpayment of the bridge toll or high-occupancy toll lane fee as and when due to a government entity entitled thereto, from a person or entity, against any amount owing the person or entity by a state agency on a claim for a refund from the Franchise Tax Board under the Personal Income Tax Law or the Bank and Corporation Tax Law or from winnings in the California State Lottery. Standards and procedures for submission of requests for offsets shall be as prescribed by the Controller. The government entity shall rank with cities and counties in the priority of agency offset requests if insufficient funds are available to satisfy all offset requests. (2) Any request for an offset pursuant to this section shall be submitted within three years of the date the bridge toll or high-occupancy toll lane fee was due. (b) The Controller shall deduct and retain from any amount so offset an amount sufficient to reimburse the Controller, the Franchise Tax Board, the California State Lottery, and the Department of Motor Vehicles for their administrative costs of processing the offset payment. (Added by Stats. 2009, Ch. 515, Sec. 1. (AB 1175) Effective January 1, 2010.)
  53. 12419.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller must offset certain delinquent tax debts owed to another state against refunds owed to the same person or entity, once a reciprocal agreement is in place.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419.13. (a) (1) The Controller shall, upon execution of a reciprocal agreement between the State Board of Equalization or the Franchise Tax Board, and any other state imposing a sales and use tax, an income tax, or tax measured by income, offset any delinquent tax debt due to that other state from a person or entity, against any refund under the Sales and Use Tax Law, the Personal Income Tax Law, or the Corporation Tax Law owed to that person or entity. (2) Standards and procedures for submission of requests for offsets shall be as prescribed by the Controller. (3) Payment of the offset amount shall occur only after other offset requests for debts owed by a person or entity to this state or the federal government have been satisfied in accordance with the priority established under Section 12419.3. (b) The reciprocal agreement identified in subdivision (a) shall prescribe the manner in which the administrative costs of the Controller, the State Board of Equalization, and the Franchise Tax Board shall be reimbursed. (Added by Stats. 2011, Ch. 455, Sec. 4. (AB 1424) Effective January 1, 2012.)
  54. 12419.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller must develop and operate an offset program with the Franchise Tax Board and charge participating entities enough to cover administration costs. Participating state agencies may add collection costs to amounts due.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419.2. (a) The Controller shall, under the authority to offset granted by Section 12419.5 and in conjunction with the Franchise Tax Board, develop a program to provide for multiple offsets with adjustable priorities and, when a joint return is filed, the ability to cross-match the liable person’s social security number. (b) The Controller shall charge, by arrangement with the entities who elect to participate in the program, an amount sufficient to reimburse the Controller and the Franchise Tax Board for the costs of administration of the program. State agencies participating in the offset program may add the cost of collection, as determined by the Controller, to the amount due the agency. (Added by Stats. 1984, Ch. 1581, Sec. 1. Effective September 30, 1984.)
  55. 12419.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller must offset certain delinquent accounts against certified personal income tax refunds, using the listed priority order.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419.3. The Controller shall offset delinquent accounts against personal income tax refunds that have been certified by the Franchise Tax Board, in the following priority: (a) The nonpayment of child or family support accounts enforced by a local child support agency. (b) The nonpayment of child or family support accounts enforced by someone other than a local child support agency. (c) The nonpayment of spousal support accounts enforced by a local child support agency. (d) The nonpayment of spousal support accounts enforced by someone other than a local child support agency. (e) The nonpayment of penalties to the Restitution Fund. (f) The benefit overpayment accounts administered by the Employment Development Department if no signed reimbursement agreement exists, or if two consecutive payments on a reimbursement agreement are delinquent at any time. (g) The other offset accounts in the priority determined by the Controller. (Amended by Stats. 2009, Ch. 578, Sec. 1. (SB 314) Effective January 1, 2010.)
  56. 12419.3.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    Payments authorized under Welfare and Institutions Code Section 8161 must not be used to offset delinquent accounts, and this section expires on January 1, 2027.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419.3.2. (a) Notwithstanding any other provision of this article, the payments authorized pursuant to Section 8161 of the Welfare and Institutions Code shall not be used to offset any delinquent accounts. (b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2022, Ch. 51, Sec. 1. (AB 192) Effective June 30, 2022. Repealed as of January 1, 2027, by its own provisions.)
  57. 12419.3.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller must not offset delinquent accounts against certain individuals’ personal income tax refunds for taxable years beginning on or after January 1, 2024, except for child or family support nonpayment cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419.3.3. (a) Notwithstanding any other provision of this article, for taxable years beginning on or after January 1, 2024, the Controller shall not offset delinquent accounts against the personal income tax refunds of an individual who received the earned income tax credit under Section 17052 of the Revenue and Taxation Code, the young child tax credit under Section 17052.1 of the Revenue and Taxation Code, or the foster youth tax credit under Section 17052.2 of the Revenue and Taxation Code, for the taxable year. (b) This section shall not apply to delinquent accounts for the nonpayment of child or family support. (Amended by Stats. 2023, Ch. 55, Sec. 1. (SB 131) Effective July 10, 2023.)
  58. 12419.3.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Payments authorized under Chapter 16.1 cannot be used to offset delinquent accounts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419.3.4. Notwithstanding any other provision of this article, the payments authorized pursuant to Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9 of the Welfare and Institutions Code shall not be used to offset any delinquent accounts. (Added by Stats. 2024, Ch. 1010, Sec. 3. (SB 242) Effective January 1, 2025.)
  59. 12419.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The State has a lien for taxes due from a person or entity against certain property or amounts owed by the State, with stated exceptions and transfer procedures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419.4. The State has a lien for any taxes due the State from any person or entity, upon any and all personal property belonging to such person or entity and held by the State or amount owed to such person or entity by the State. This section does not apply to salary or wages owing to officers or employees of the State. Except as limited in this section this lien shall apply to all such property held or such amount owed by an agency of the State while such person or entity owes any taxes to that agency or another agency of the State. If the property held or amount owed is subject to Section 12419.5 of this code, the procedure set forth in that section shall be followed in enforcing liens created herein. If the property held or amount owed is not subject to Section 12419.5 of this code, the lien created herein shall be enforced by means of written demand by the creditor state agency on the agency holding the property or owing the amount involved. The state agency holding the property or, owing the amount involved, upon receipt of such written demand, shall transfer the property, or shall pay the amount which it owes, but not in excess of the taxes specified in the demand, to the creditor state agency. The creditor state agency shall apply such payment to the taxes owing to it, or shall reduce the property so transferred to cash, apply so much as is necessary to pay the taxes owing to it, and remit any excess to the person or entity. If the state agency which holds the property of or owes an amount to the person or entity also is owed taxes by such person or entity, the lien shall be enforced by applying the amount owed by the state agency to the taxes owed to such agency, or by reducing the property to cash and applying the proceeds, or so much thereof as is required, to the taxes owing to the state agency, remitting the excess, if any, to the person or entity. Amounts paid to or applied by a state agency pursuant to this section shall constitute payment by the person or entity involved and the account of such person or entity shall be credited immediately by the collecting state agency. Immediately upon transfer or payment to another state agency of the property held or amount owed, the agency which had held the property or which had owed the amount involved shall give written notice of the transfer or payment to the person or entity involved. The notice may be served personally or by mail. If served by mail, service shall be made pursuant to Section 1013 of the Code of Civil Procedure and shall be addressed to the person or entity involved at his or its address as it appears in the records of the agency which had held the property or which had owed the amount involved. The service shall be deemed complete at the time of the deposit of the notice in the mail. Nothing in this section shall permit one state agency to collect or obtain such property or amount from another state agency so long as the latter has any rights against such property or amount. Property held or deposited with any state agency for a particular purpose, such as security for the payment of taxes, shall not be applied to any other purpose by the state agency holding the property or amount until the property or amount is no longer needed for the particular purpose for which the property or amount was held or deposited. Upon transfer or payment pursuant to the lien created in this section, the state agency which had held the property or had owed the amount involved is relieved and discharged of any and all liability. (Added by Stats. 1959, Ch. 1994.)
  60. 12419.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller may offset debts between a person or entity and a state agency, and may deduct and issue warrants for the offset amounts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419.5. The Controller may, in the Controller’s discretion, offset any amount due a state agency from a person or entity, against any amount owing that person or entity by any state agency. The Controller may deduct from the claim, and draw the Controller’s warrants for the amounts offset in favor of the respective state agencies to which due, and, for any balance, in favor of the claimant. Whenever insufficient to offset all amounts due state agencies, the amount available shall be applied in the manner as the Controller, in the Controller’s discretion, shall determine. If, in the discretion of the Controller, the person or entity refuses or neglects to file a claim within a reasonable time, the head of the state agency owing the amount shall file the claim on behalf of that person or entity. If approved by the Controller, the claim shall have the same force and effect as though filed by that person or entity. The amount due any person or entity from the state or any agency thereof is the net amount otherwise owing that person or entity after any offset as provided in this section. For purposes of this section, an amount owing to a person or entity by any state agency shall include any tax refund. This section shall not apply to payment of online game prizes of ninety-nine dollars ($99) or lower by California State Lottery Retailers pursuant to subdivision (a) of Section 8880.32. (Amended by Stats. 2021, Ch. 50, Sec. 70. (AB 378) Effective January 1, 2022.)
  61. 12419.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    If the Controller offsets a community college district debt under Section 12419.5, the Controller must remit the offset amount to the district.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419.7. For the purposes of Section 12419.5, an amount due a state agency from a person or entity shall include any amount due a community college district from a person for repayment of student financial assistance or any other proper financial obligation due to the district or a college. If the Controller, in the Controller’s discretion, offsets an amount due a community college district from a person pursuant to Section 12419.5, the Controller shall remit the amount offset to the district. (Amended by Stats. 2021, Ch. 50, Sec. 71. (AB 378) Effective January 1, 2022.)
  62. 12419.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller may offset certain amounts owed to cities, counties, or special districts, and must do so when requested in one specified case. The Controller also must deduct administrative costs, and the tax collector must give notice and is protected from being named in related actions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419.8. (a) The Controller may, in the Controller’s discretion, offset any amount due a city, county, or special district from a person or entity pursuant to paragraph (1), (2), or (4) of subdivision (c), and shall, at the request of the city, county, or special district, offset any amount due a city, county, or special district from a person or entity pursuant to paragraph (3) of subdivision (c), against any amount owing the person or entity by a state agency on a claim for a refund from the Franchise Tax Board under the Personal Income Tax Law or the Bank and Corporation Tax Law, a claim for refund from the State Board of Equalization under the Sales and Use Tax Law, from winnings in the California State Lottery, or a claim filed by the owner, as described in subdivision (d) of Section 1540 of the Code of Civil Procedure, for payment of money from unclaimed property held by the state. Standards and procedures for submission of requests for offsets shall be as prescribed by the Controller. Whenever insufficient funds are available to satisfy an offset request, the Controller, after first applying the amounts available to any amount due a state agency, may allocate the balance among any other requests for offset. (b) The Controller shall deduct and retain from any amount offset in favor of a city, county, or special district an amount sufficient to reimburse the Controller, the Franchise Tax Board, the State Board of Equalization, or the California State Lottery for their administrative costs of processing the offset payment. (c) This section shall apply only to any of the following situations: (1) Where the amount has been reduced to a judgment. (2) Where the amount is contained in an order of a court. (3) Where the amount is from a bench warrant for payment of any fine, penalty, or assessment. (4) Where the amount is delinquent unsecured property taxes on which a certificate lien has been filed for record in the office of the county recorder pursuant to Section 2191.3 of the Revenue and Taxation Code. (d) For purposes of paragraph (4) of subdivision (c): (1) Upon the tax collector’s request for taxpayer identification numbers required by the Controller’s procedures, the tax collector shall immediately notify the appropriate assessee, by registered or certified mail, that the request has been made for the purpose of intercepting refunds from the state government due the taxpayer, in order to offset the delinquent property tax obligation. The letter shall state that if the assessee does not pay the outstanding tax amount to the tax collector within 20 days, the required taxpayer identification number will be so provided. (2) The tax collector shall not be named in any action that may be brought as a result of compliance with this subdivision. (Amended by Stats. 2021, Ch. 50, Sec. 72. (AB 378) Effective January 1, 2022.)
  63. 12419.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller may set procedures, must remit offset amounts to an educational institution when an offset is made, and must keep enough from the offset to cover administrative processing costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12419.9. (a) For the purposes of Section 12419.5, an amount due a state agency from a person or entity shall include any amount due an educational institution authorized pursuant to subdivision (a) of Section 94760 of the Education Code from a person for repayment of federally subsidized student loans. The Controller may establish procedures to minimize administrative costs of collecting obligations pursuant to this section. (b) If the Controller, in the Controller’s discretion, offsets an amount due an educational institution from a person pursuant to Section 12419.5, the Controller shall remit the amount offset to the educational institution. (c) Offset pursuant to Section 12419.5 and this section shall be limited to amounts due a person on a claim for a personal income tax refund. Whenever the amount available is insufficient to offset all amounts due state agencies, the amount available shall be applied in such manner as the Controller, in the Controller’s discretion, shall determine. (d) The Controller shall deduct and retain from any amount offset pursuant to this section an amount sufficient to reimburse the Controller and the Franchise Tax Board for the administrative costs of processing the request for an offset. (e) This section shall become operative on January 1, 1997. (Amended by Stats. 2021, Ch. 50, Sec. 73. (AB 378) Effective January 1, 2022.)
  64. 12420.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller must set up special accounts for state officers or employees who request salary or wage deductions to save for U.S. savings bonds or similar obligations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12420.1. The Controller shall establish special accounts for any state officer or employee requesting salary or wage deductions in order that sufficient funds may be accumulated to the state officer or employee’s credit for the purchase of United States savings bonds or similar United States obligations. Funds so accumulated are trust funds and may be withdrawn from the Treasury upon claims filed by the Controller for the purchase of those obligations, or for refunds. (Amended by Stats. 2021, Ch. 50, Sec. 75. (AB 378) Effective January 1, 2022.)
  65. 12420.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller may buy annuity contracts for certain state employers under the uniform state payroll system if listed conditions are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12420.2. The Controller may purchase annuity contracts on behalf of any state employer under the uniform state payroll system, excluding the California State University System, that employs persons eligible to participate in an annuity contract and custodial account as described in Section 403(b) of the Internal Revenue Code of 1986 provided that all of the following conditions are met: (a) The annuity contract is under an annuity plan which meets the requirements of subdivision (b) of Section 403 of the Internal Revenue Code. (b) The employee makes application to the Controller for the purchase and reduction of salary. (c) All provisions of the Insurance Code applicable to the purchase of those annuities are satisfied. (Amended by Stats. 2008, Ch. 230, Sec. 10. Effective January 1, 2009.)
  66. 12421.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller must authenticate certain warrants and office papers with the official seal, and may use the seal on issued documents in any desired manner.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12421. The Controller shall authenticate with the Controller’s official seal all warrants drawn by the Controller, and all copies of papers issued from the Controller’s office. The Controller may affix the Controller’s official seal to documents that the Controller issues in any manner desired, including printing, facsimile signature machine, rubber stamp, die, and sealing machine. (Amended by Stats. 2021, Ch. 50, Sec. 76. (AB 378) Effective January 1, 2022.)
  67. 12422.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller must call county auditors to meet at least once a year, at locations in the state the Controller designates.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12422. The Controller shall summon county auditors to meet with the Controller or the Controller’s duly authorized representatives, at least once each year, in groups and places within the state as may be designated by the Controller for the purpose of discussion of problems dealing with county budget procedure, reporting of financial transactions of the counties, allocation of property tax revenues, including the Special District Augmentation Fund, and to promote uniformity of procedure in all matters pertaining to the duties of county auditors, throughout the state. The expenses of any county auditor attending the meeting shall be a charge against the funds of the county, to be paid in the same manner as other county charges are paid. (Amended by Stats. 2021, Ch. 50, Sec. 77. (AB 378) Effective January 1, 2022.)
  68. 12422.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller must create, post, update, and maintain internal control guidelines for local agencies, and may audit local agencies for adequacy of their internal controls.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12422.5. (a) On or before January 1, 2015, the Controller shall develop internal control guidelines applicable to each local agency to prevent and detect financial errors and fraud. (b) The Controller shall develop the internal control guidelines based on standards adopted by the American Institute of Certified Public Accountants and with input from any local agency and organizations representing the interests of local agencies, including, but not limited to, the League of California Cities, the California State Association of Counties, the California Special Districts Association, and the California State Association of County Auditors. (c) On or before January 1, 2015, the Controller shall post the completed internal control guidelines on the Controller’s internet website to assist a local agency, as defined in subdivision (f), in establishing a system of internal controls to safeguard assets and prevent and detect financial errors and fraud. (d) The Controller shall, with input from the agencies listed in subdivision (b), update the internal control guidelines, as the Controller deems necessary, and maintain a current version on its internet website. (e) The Controller may audit any local agency for purposes of determining whether the agency’s internal controls are adequate to detect and prevent financial errors and fraud. (f) For purposes of this section, “local agency” means a city, county, city and county, special district, or any other local governmental entity, except a school district. (Amended by Stats. 2021, Ch. 50, Sec. 78. (AB 378) Effective January 1, 2022.)
  69. 12423.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller must call county tax collectors and redemption officers to meetings in California to discuss tax collection and enforcement. Meeting travel and attendance expenses for county officers are charged to the county and paid like other county charges.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12423. The Controller shall summon county tax collectors and redemption officers or the authorized representative of any county tax collector or redemption officer to meet with the Controller or the Controller’s duly authorized representatives in groups and places within the state as may be designated by the Controller for the purpose of discussion of tax collection, enforcement of taxes, and problems relating thereto, in order to promote uniformity of procedure in the collection of taxes on real and personal property throughout the state. The actual and necessary expenses of any county officer or the county officer’s authorized representative incurred while traveling to and from and while attending the meeting, shall be a charge against the county, to be paid in the same manner as other county charges are paid. (Amended by Stats. 2021, Ch. 50, Sec. 79. (AB 378) Effective January 1, 2022.)
  70. 12424.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller may provide financial, budgetary, and taxation-related services to local public bodies on agreed terms, and money received for that service must be paid into the State Treasury.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12424. The Controller may render service pertinent to financial, budgetary and taxation problems and procedures for any county, city, city and county, any other political subdivision, or any district of the State upon such terms and conditions as may be agreed upon between the Controller and the governing body of such county, city, city and county, other political subdivision or district. The money received for such service shall be paid into the State Treasury to the credit and in augmentation of the current appropriation for the support of the State Controller, or, as the case may be, that division of the Controller’s Office furnishing the service. (Added by Stats. 1947, Ch. 1439.)
  71. 12425.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Controller may pay the United States for certain project costs if a state agency submits claims, the Department of General Services approves, and appropriations are available.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12425. Upon the submission of claims by a state agency, with the approval of the Department of General Services, the Controller may pay, from appropriations available therefor, money to the United States for costs of a project undertaken by the United States for and in behalf of, or in cooperation with, the State of California, prior to the commencement or completion of the project. (Amended by Stats. 1965, Ch. 371.)
  72. 12427.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    State agencies must reimburse the Controller for certain bond-related accounting costs, and the issuing state agency must pay the Controller’s invoice unless it is disputed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12427. Each state agency shall reimburse the Controller for the costs associated with any accounting of expenditures incurred in connection with any revenue bonds, not otherwise covered by the cost of issuance or the administrative pro rata assessment collected annually from each department, by or on behalf of such agency as well as any other accounting services performed by the Controller until such time as the bonds are redeemed. The Controller shall invoice the state agency issuing the bonds for the costs incurred and the state agency shall pay the invoice unless disputed. (Added by Stats. 2012, Ch. 488, Sec. 1. (SB 118) Effective January 1, 2013.)
  73. 12428.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    If federal approval is obtained to move certain supported programs between state departments, the Controller must transfer related appropriations, with approval from the Director of Finance, to a department designated by the Governor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12428. In the event either the Governor or the Legislature should obtain federal approval to transfer programs receiving federal support for persons with an intellectual disability or a mental health disorder from one state department to another state department under the provisions of Public Law 90-577 (Intergovernmental Cooperation Act of 1968), the Controller shall, upon approval of the Director of Finance, transfer to a department designated by the Governor the parts of the appropriation of the other departments that are related to programs for persons with an intellectual disability or a mental health disorder, provided further, that the transfer shall enable the state to make maximum utilization of available state and federal funds. (Amended by Stats. 2014, Ch. 144, Sec. 21. (AB 1847) Effective January 1, 2015.)
  74. 12429.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller may recover certain Social Security contribution overpayments, but only with Department of Finance approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12429. The Controller may, with the approval of the Department of Finance, seek recovery from the federal government of Social Security contribution overpayments made with regard to the compensation of employees who were on approved leaves of absence on account of sickness, in accordance with federal law. The program shall be conducted by the Controller on behalf of the state and its departments and agencies, including the California State University. The activities may also be conducted by and for the University of California. This program shall be self supporting from recovered funds. Notwithstanding the provisions of Section 13340, there is hereby appropriated to the Controller from the recovered funds: (a) an amount sufficient to pay the reasonable costs, including contractual services, as approved by the Department of Finance, of the Controller in administering this program; (b) the amount of any recovered overpayments of employee contributions, for refund to the employees; (c) the amount of the balance of the recovered funds after application of subdivisions (a) and (b), for deposit in the respective funds from which they were originally derived. A private vendor may be utilized in the execution of the program and on such terms and conditions as are acceptable to the Department of Finance and the Controller. The Controller may establish an OASDI Refund Account in the Payroll Revolving Fund for receipt of related funds and for payment of costs. Any recovery of OASDI funds may be reflected in a credit or credits granted by the Social Security Administration against current employer and employee contributions, in which case, an amount equivalent to the credit or credits shall be transferred from the moneys in the Payroll Revolving Fund to the OASDI Refund Account. (Added by Stats. 1983, Ch. 323, Sec. 39.8. Effective July 1, 1983.)
  75. 12431.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Before paying certain claims, the Controller must require the claimant to certify in writing that it tried to recover its costs under specified Penal Code sections.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Duties [12410 - 12431] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12431. Prior to the payment of any claim from funds appropriated pursuant to Section 7 of Chapter 1123 of the Statutes of 1977, the Controller shall require the claimant to certify in writing that it has attempted to recover its costs pursuant to Sections 1203.1 and 1203.1b of the Penal Code. (Added by Stats. 1984, Ch. 268, Sec. 21.5. Effective June 29, 1984.)
  76. 12433.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. )

    Verify source ↗

    The Controller may discharge a state agency or employee from accountability for collecting certain state debts if the debt is uncollectible or the collection cost is not justified.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. ) ## 12433. Any state agency or employee required to collect any state taxes, licenses, fees, or money owing to the state for any reason that is due and payable may be discharged by the Controller from accountability for the collection of the taxes, licenses, fees, or money if the debt is uncollectible or the amount of the debt does not justify the cost of its collection. (Added by renumbering Section 13940 by Stats. 2016, Ch. 31, Sec. 110. (SB 836) Effective June 27, 2016.)
  77. 12434.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. )

    Verify source ↗

    An application for discharge under this article must be filed with the Controller and include the required information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. ) ## 12434. The application for a discharge under this article shall be filed with the Controller and include the following: (a) A statement of the nature and amount of the tax, license, fee, or other money due. (b) The names of the persons liable. (c) The estimated cost of collection. (d) All other facts warranting the discharge, unless the Controller determines that the circumstances do not warrant the furnishing of detailed information. (Added by renumbering Section 13941 by Stats. 2016, Ch. 31, Sec. 111. (SB 836) Effective June 27, 2016.)
  78. 12435.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. )

    Verify source ↗

    The Controller must audit applications and, if specified conditions are met, discharge the applicant from further responsibility for collection and let the applicant close the item.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. ) ## 12435. The Controller shall audit the applications. The Controller shall discharge the applicant from further accountability for collection and authorize the applicant to close its book on that item if the Controller determines the following: (a) The matters contained in the application are correct. (b) No credit exists against which the debt can be offset. (c) Collection is improbable for any reason. (d) The cost of recovery does not justify the collection. (e) For items that exceed the monetary jurisdiction of the small claims court, the Attorney General has advised, in writing, that collection is not justified by the cost or is improbable for any reason. (Added by renumbering Section 13942 by Stats. 2016, Ch. 31, Sec. 112. (SB 836) Effective June 27, 2016.)
  79. 12436.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. )

    Verify source ↗

    The Controller may discharge a state agency from accountability for certain accounts and allow the agency’s books to be closed for that item.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. ) ## 12436. The Controller may discharge from accountability a state agency for accounts that do not exceed the amount specified in subdivision (e) of Section 12435 and thereby authorize the closing of the agency’s books in regard to that item. (Added by renumbering Section 13943 by Stats. 2016, Ch. 31, Sec. 113. (SB 836) Effective June 27, 2016.)
  80. 12437.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. )

    Verify source ↗

    A discharge usually does not erase amounts owed to the state, but a discharge to the Franchise Tax Board can release and extinguish certain uncollectible liabilities if one of the listed conditions is met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. ) ## 12437. (a) Except as provided in subdivision (b), a discharge granted pursuant to this article to a state agency or employee does not release any person from the payment of any tax, license, fee, or other money that is due and owing to the state. (b) A discharge granted pursuant to this article to the Franchise Tax Board shall release a person from a liability for the payment of any tax, fee, or other liability deemed uncollectible that is due and owing to the state and extinguish that liability, if at least one of the following conditions is met: (1) The liability is for an amount less than five hundred dollars ($500). (2) The liable person has been deceased for more than four years and there is no active probate with respect to that person. (3) The Franchise Tax Board has determined that the liable person has a permanent financial hardship. (4) The liability has been unpaid for more than 30 years. (Added by renumbering Section 13943.1 by Stats. 2016, Ch. 31, Sec. 114. (SB 836) Effective June 27, 2016.)
  81. 12438.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. )

    Verify source ↗

    A state agency does not have to collect state taxes, licenses, fees, or other money owed to the state if the amount is $500 or less.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. ) ## 12438. A state agency is not required to collect taxes, licenses, fees, or money owing to the state for any reason if the amount to be collected is five hundred dollars ($500) or less. Nothing contained in this section shall be construed as releasing any person from the payment of any money due the state. (Added by renumbering Section 13943.2 by Stats. 2016, Ch. 31, Sec. 115. (SB 836) Effective June 27, 2016.)
  82. 12438.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. )

    Verify source ↗

    The Controller may discharge the Department of Water Resources from collection accountability for a specific loan, if San Bernardino County or its county service area acquires the water system and pays $910,520 by January 30, 2009.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. ) ## 12438.1. Notwithstanding any other provision of this article, the Controller may discharge the Department of Water Resources from accountability for collection of the loan issued to the Arrowhead Manor Water Company in 1980 under the California Safe Drinking Water Bond Law of 1976, but only if San Bernardino County or its county service area acquires the water system financed by the loan issued to the Arrowhead Manor Water Company and pays the amount of nine hundred ten thousand five hundred twenty dollars ($910,520) in complete satisfaction of that loan, on or before January 30, 2009. (Added by renumbering Section 13943.3 by Stats. 2016, Ch. 31, Sec. 116. (SB 836) Effective June 27, 2016.)
  83. 12439.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. )

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    The Controller may investigate escheated property held by the Treasurer and, after investigation and hearing, may relieve the Treasurer of liability and authorize sale, destruction, or other disposal of the property.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2.5. Discharge of State Entity from Duty to Collect [12433 - 12439] ( Article 2.5 heading added by Stats. 2016, Ch. 31, Sec. 95. ) ## 12439. (a) The Controller may investigate, inquire, and, if necessary, conduct hearings concerning property in the possession of the Treasurer which has escheated to the state from the estates of deceased persons pursuant to a judgment of escheat or pursuant to a distribution to the state under Section 11900 of the Probate Code. (b) After investigation, inquiry, and hearing, the Controller may relieve the Treasurer from any liability arising from the possession of and sell, or authorize the Treasurer to destroy or otherwise dispose of, any such property as it deems proper. (Added by renumbering Section 13944 by Stats. 2016, Ch. 31, Sec. 117. (SB 836) Effective June 27, 2016.)
  84. 12440.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Warrants [12440 - 12440.7] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller must draw warrants on the Treasurer for money the law directs to be paid from the State Treasury, but only when authorized by law and supported by unexhausted specific appropriations, except for refunds authorized by Section 13144.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Warrants [12440 - 12440.7] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 12440. The Controller shall draw warrants on the Treasurer for the payment of money directed by law to be paid out of the State Treasury; but a warrant shall not be drawn unless authorized by law, and unless, except for refunds authorized by Section 13144, unexhausted specific appropriations provided by law are available to meet it. (Amended by Stats. 1983, Ch. 323, Sec. 42. Effective July 1, 1983.)
  85. 12440.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Warrants [12440 - 12440.7] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The trustees must set up a process for direct vendor payments from the university revolving fund, keep payment records for three years, get approval for revolving-fund draws over 10% in a fiscal year, and arrange annual audits and related reporting.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Warrants [12440 - 12440.7] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 12440.1. (a) The trustees, in conjunction with the Controller, shall implement a process that allows any campus or other unit of the university to make payments of obligations of the university from its revolving fund directly to all of its vendors. Notwithstanding Article 5 (commencing with Section 16400) of Chapter 2 of Part 2 of Division 4 of Title 2, or any other law, the trustees may draw from funds appropriated to the university, for use as a revolving fund, amounts necessary to make payments of obligations of the university directly to vendors. In any fiscal year, the trustees shall obtain the approval of the Director of Finance to draw amounts in excess of 10 percent of the total appropriation to the university for that fiscal year for use as a revolving fund. (b) Notwithstanding Sections 925.6, 12410, and 16403, or any other law, the trustees shall maintain payment records for three years and make those records available to the Controller for postaudit review, as needed. (c) (1) Notwithstanding Section 8546.4 or any other law, the trustees shall contract with one or more public accounting firms to conduct a systemwide annual financial statement audit in accordance with generally accepted accounting principles (GAAP), as well as other required compliance audits without obtaining the approval of any other state officer or entity. (2) The statement of net assets, statement of revenues, expenses, changes in net assets, and statement of cashflows of each campus shall be included as an addendum to the annual systemwide audit. Summary information on transactions with auxiliary organizations for each campus shall also be included in the addendum. Any additional information necessary shall be provided upon request. (d) The internal and independent financial statement audits of the trustees shall test compliance with procurement procedures and the integrity of the payments made. The results of these audits shall be included in the biennial report required by Section 13405. (e) As used in this section: (1) “Trustees” means the Trustees of the California State University. (2) “University” means the California State University. (Amended by Stats. 2011, Ch. 43, Sec. 45. (AB 114) Effective June 30, 2011.)
  86. 12440.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Warrants [12440 - 12440.7] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    This section lets the Controller pay covered state employees from specified funds if the 2014 Budget Act was not enacted by July 1, 2014, and ties payments to the applicable memoranda of understanding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Warrants [12440 - 12440.7] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 12440.3. (a) Notwithstanding Section 13340, for the 2014–15 fiscal year, if the Budget Act of 2014 is not enacted on or before July 1, 2014, for the memoranda of understanding entered into between the state employer and State Bargaining Units 7, 16, 18, and 19 (effective July 1, 2013, to July 1, 2016, inclusive), State Bargaining Unit 9 (effective July 2, 2013, to July 1, 2015, inclusive), and State Bargaining Units 6 and 12 (effective July 1, 2013, to July 1, 2015, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2014 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2014, of the 2014–15 fiscal year, and the enactment of the Budget Act of 2014. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Units 7, 16, 18, and 19 (effective July 1, 2013, to July 1, 2016, inclusive), State Bargaining Unit 9 (effective July 2, 2013, to July 1, 2015, inclusive), and State Bargaining Units 6 and 12 (effective July 1, 2013, to July 1, 2015, inclusive) are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2014, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2014 for each affected department. (d) This section shall only apply to an employee covered by the terms of State Bargaining Units 7, 16, 18, and 19 (effective July 1, 2013, to July 1, 2016, inclusive), State Bargaining Unit 9 (effective July 2, 2013, to July 1, 2015, inclusive), and State Bargaining Units 6 and 12 (effective July 1, 2013, to July 1, 2015, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memoranda of understanding have expired. For purposes of this section, the memoranda of understanding for State Bargaining Units 7, 16, 18, and 19 expire on July 1, 2016, and the memoranda of understanding for State Bargaining Units 6, 9, and 12 expire on July 1, 2015. (Added by Stats. 2013, Ch. 391, Sec. 6. (AB 478) Effective September 27, 2013.)
  87. 12440.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Warrants [12440 - 12440.7] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller may use specified funds to pay compensation and employee benefits for covered state employees if the 2015 Budget Act was not enacted by July 1, 2015.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Warrants [12440 - 12440.7] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 12440.4. (a) Notwithstanding Section 13340, for the 2015–16 fiscal year, if the Budget Act of 2015 is not enacted on or before July 1, 2015, for the memoranda of understanding entered into between the state employer and State Bargaining Units 7, 16, 18, and 19 (effective July 1, 2013, to July 1, 2016, inclusive), State Bargaining Unit 9 (effective July 2, 2013, to July 1, 2015, inclusive), and State Bargaining Units 6 and 12 (effective July 1, 2013, to July 1, 2015, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2015 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2015, of the 2015–16 fiscal year, and the enactment of the Budget Act of 2015. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Units 7, 16, 18, and 19 (effective July 1, 2013, to July 1, 2016, inclusive), State Bargaining Unit 9 (effective July 2, 2013, to July 1, 2015, inclusive), and State Bargaining Units 6 and 12 (effective July 1, 2013, to July 1, 2015, inclusive) are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2015, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2015 for each affected department. (d) This section shall only apply to an employee covered by the terms of State Bargaining Units 7, 16, 18, and 19 (effective July 1, 2013, to July 1, 2016, inclusive), State Bargaining Unit 9 (effective July 2, 2013, to July 1, 2015, inclusive), and State Bargaining Units 6 and 12 (effective July 1, 2013, to July 1, 2016, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memoranda of understanding have applied. For purposes of this section, the memoranda of understanding have expired. For purposes of this section, the memoranda of understanding for State Bargaining Units 7, 16, 18, and 19 expire on July 1, 2016, and the memoranda of understanding for State Bargaining Units 6, 9, and 12 expire on July 1, 2015. (Added by Stats. 2013, Ch. 391, Sec. 7. (AB 478) Effective September 27, 2013.)
  88. 12440.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Warrants [12440 - 12440.7] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    This section lets the Controller spend only what is necessary to pay covered state employees if the 2016 Budget Act is not enacted by July 1, 2016, and limits the section to the specified bargaining-unit memoranda.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Warrants [12440 - 12440.7] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 12440.5. (a) Notwithstanding Section 13340, for the 2016–17 fiscal year, if the Budget Act of 2016 is not enacted on or before July 1, 2016, for the memoranda of understanding entered into between the state employer and State Bargaining Units 7, 16, 18, and 19 (effective July 1, 2013, to July 1, 2016, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2016 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2016, of the 2016–17 fiscal year and the enactment of the Budget Act of 2016. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Units 7, 16, 18, and 19 (effective July 1, 2013, to July 1, 2016, inclusive) are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2016, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2016 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Units 7, 16, 18, and 19 (effective July 1, 2013, to July 1, 2016, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memoranda of understanding have expired. For purposes of this section, the memoranda of understanding for State Bargaining Units 7, 16, 18, and 19 expire on July 1, 2016. (Added by Stats. 2013, Ch. 391, Sec. 8. (AB 478) Effective September 27, 2013.)
  89. 12440.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Warrants [12440 - 12440.7] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    If the 2015 Budget Act is late, the Controller may use specified funds to pay covered state employees, but only as necessary and only for the listed bargaining units.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Warrants [12440 - 12440.7] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 12440.6. (a) Notwithstanding Section 13340, for the 2015–16 fiscal year, if the Budget Act of 2015 is not enacted on or before July 1, 2015, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 10 (effective July 2, 2013, to July 1, 2015, inclusive), and State Bargaining Unit 13 (effective July 2, 2013, to July 1, 2016, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2015 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2015, of the 2015–16 fiscal year, and the enactment of the Budget Act of 2015. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 10 (effective July 2, 2013, to July 1, 2015, inclusive), and State Bargaining Unit 13 (effective July 2, 2013, to July 1, 2016, inclusive) are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2015, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2015 for each affected department. (d) This section shall only apply to an employee covered by the terms of State Bargaining Unit 2 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 10 (effective July 2, 2013, to July 1, 2015, inclusive), and State Bargaining Unit 13 (effective July 2, 2013, to July 1, 2016, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the terms of the memoranda of understanding have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 2 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 10 expires on July 1, 2015, and the memorandum of understanding for State Bargaining Unit 13 expires on July 1, 2016. (Added by Stats. 2014, Ch. 690, Sec. 6. (SB 879) Effective September 27, 2014.)
  90. 12440.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Warrants [12440 - 12440.7] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The section temporarily authorizes state payroll funding and Controller spending for specified bargaining-unit employees if the Budget Act of 2016 is late, and limits the section to the stated MOUs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Warrants [12440 - 12440.7] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 12440.7. (a) Notwithstanding Section 13340, for the 2016–17 fiscal year, if the Budget Act of 2016 is not enacted on or before July 1, 2016, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 2, 2013, to July 1, 2016, inclusive) and State Bargaining Unit 13 (effective July 2, 2013, to July 1, 2016, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2016 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed before July 1, 2016, of the 2016–17 fiscal year. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 2, 2013, to July 1, 2016, inclusive) and State Bargaining Unit 13 (effective July 2, 2013, to July 1, 2016, inclusive) are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2016, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2016 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 2 (effective July 2, 2013, to July 1, 2016, inclusive) and State Bargaining Unit 13 (effective July 2, 2013, to July 1, 2016, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the terms of the memoranda of understanding have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 2 expires on July 1, 2016, and the memorandum of understanding for State Bargaining Unit 13 expires on July 1, 2016. (Added by Stats. 2014, Ch. 690, Sec. 7. (SB 879) Effective September 27, 2014.)
  91. 12460.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

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    The Controller must submit and publish annual state financial reports and prepare them in a specified accounting basis and GAAP format.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12460. The Controller shall submit an annual report to the Governor containing a statement of the funds of the state, its revenues, and the public expenditures during the preceding fiscal year. The annual report shall be known as the budgetary-legal basis annual report and prepared in a manner that will account for prior year adjustments, fund balances, encumbrances, deferred payroll, revenues, expenditures, and other components on the same basis as that of the applicable Governor’s Budget and the applicable Budget Act, as determined by the Director of Finance in consultation with the Controller. If the Governor’s Budget or the Budget Act does not provide the applicable information for this purpose, funds shall be accounted for in the budgetary-legal basis annual report in a manner prescribed by Section 13344. The requirements of this section shall apply beginning with the issuance of the budgetary-legal basis annual report for the 2013–14 fiscal year. The Controller shall confer with the Department of Finance to propose and develop methods to facilitate these changes pursuant to Section 13344, including methods to ensure that information related to encumbrances and deferred payroll continue to be listed in the state’s financial statements, as deemed appropriate by the Controller. The Controller shall also issue a comprehensive annual financial report prepared strictly in accordance with “Generally Accepted Accounting Principles.” The annual reports referenced in this section shall be compiled and published by the Controller in the time, form, and manner prescribed by him or her. (Amended by Stats. 2013, Ch. 76, Sec. 84. (AB 383) Effective January 1, 2014.)
  92. 12461.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller must publish an annual report with specified financial statements and tabular disclosures, and must make printed and online copies available under stated conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12461. The Controller shall release an annual report that includes all of the following: (a) General Purpose Financial Statements prepared in accordance with Section 12460 and “Generally Accepted Accounting Principles.” (b) Tabular statements showing: (1) The amount of each appropriation for the preceding fiscal year, the amounts expended, and the balance, if any. (2) The revenues and cost of government of the state for the preceding fiscal year in a manner consistent with Sections 12460 and 13344. (3) The receipts, disbursements, and closing balances of each fund in the State Treasury for the preceding fiscal year in a manner consistent with Sections 12460 and 13344. (4) Variances between budgetary-legal statements prepared pursuant to Section 12460 and any statements prepared under “Generally Accepted Accounting Principles.” (c) The Controller may also publish a condensed summary of the annual report. (d) The reports required by this article shall be published in an electronic format or printed, as determined by the Controller. The Controller shall make printed copies of the reports available upon request, to the extent feasible, and may charge a reasonable fee for printed copies of the reports, including the shipping or mailing thereof, not to exceed the costs of providing those copies. (e) The Controller shall post on the Internet Web site of the Controller copies of the state’s annual financial reports and any annual financial report supplements that are prepared, to the extent feasible. The Controller may deem the reporting requirements of this section satisfied each year upon completion of the budgetary-legal basis annual report and comprehensive annual financial report described in Section 12460. (Amended by Stats. 2012, Ch. 343, Sec. 3. (AB 1487) Effective September 17, 2012.)
  93. 12461.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller must prepare a quarterly General Fund report and submit it to the Legislature within 30 days after each quarter, or to the Joint Legislative Budget Committee if the Legislature is not in session.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12461.1. The Controller shall also prepare a quarterly report on the General Fund comparing state revenues and expenditures for that quarter with the Budget Act, and other expenditures authorized pursuant to statute, in effect during that quarter. Such reports shall be submitted to the Legislature within 30 days after the end of the quarter, unless the Legislature is not in session, in which event the reports shall be submitted to the Joint Legislative Budget Committee. In preparing such quarterly report, the Controller shall consult with all necessary or appropriate public and private agencies, boards, departments and organizations, and all state and local public agencies shall provide any information requested by the Controller. (Added by Stats. 1972, Ch. 788.)
  94. 12461.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    If certain state agencies or similar bodies miss a required financial report deadline by 20 days, the Controller may withhold operating funds after written notice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12461.2. If any state agency, department, board, or commission, which is required by statute or regulation to furnish a financial statement or report to the Controller fails to furnish a complete and accurate financial report or statement within 20 days of the date prescribed, the Controller may withhold any or all operating funds from the agency, department, board, or commission, upon 30 days prior notification in writing to the chairperson of the committee in each house that considers appropriations and the Chairperson of the Joint Legislative Budget Committee, or upon a lesser time as the chairperson of the committee, or the chairperson’s designee, may in each instance determine, until the agency, department, board, or commission provides a complete and accurate report or statement. The provisions of this section shall not apply to any reports required pursuant to Sections 7502, 7503, and 7504. (Amended by Stats. 2021, Ch. 50, Sec. 80. (AB 378) Effective January 1, 2022.)
  95. 12462.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

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    On request, the Controller must provide written information to either house of the Legislature about the state’s fiscal affairs or the Controller’s duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12462. Upon request, the Controller shall give information in writing to either house of the Legislature relating to the fiscal affairs of the state or the duties of the Controller’s office. (Amended by Stats. 2021, Ch. 50, Sec. 81. (AB 378) Effective January 1, 2022.)
  96. 12462.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller must include specified information about certain bank and savings and loan accounts in the annual budgetary-legal basis report.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12462.5. The Controller shall include the following information on bank accounts and savings and loan association accounts outside the treasury system in the budgetary-legal basis annual report, submitted pursuant to Section 12460: (a) The name of the account. (b) The source of authorization for establishing the account. (c) The account balance. (Added by Stats. 2014, Ch. 230, Sec. 1. (AB 1583) Effective January 1, 2015.)
  97. 12463.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

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    The Controller must publish financial reports for counties, cities, special districts, and school districts, and include specified appropriations information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12463. (a) The Controller shall compile, publish, and make publicly available on the Controller’s website, in a format that may be printed and downloaded, reports of the financial transactions and information on annual compensation, consistent with subdivision (l) of Section 53892, of each county, city, and special district, respectively, within this state, together with any other matter the Controller deems of public interest. The reports shall include the appropriations limits and the total annual appropriations subject to limitation of the counties, cities, and special districts. The reports to the Controller shall be made in the time, form, and manner prescribed by the Controller, consistent with Section 53891. (b) The Controller shall compile and publish reports of the financial transactions of each county, city, and special district pursuant to subdivision (a) on or before November 1 of each year following the end of the annual reporting period. The Controller shall make data collected pursuant to this subdivision available upon request to the Legislature and its agents, on or before April 1 of each year. (c) The Controller shall annually publish, on the internet website of the Controller, reports of the financial transactions of each school district within this state, together with any other matter the Controller deems of public interest. The reports shall include the appropriations limit and the total annual appropriations subject to limitation of the school district. The reports to the Controller shall be made in the time, form, and manner prescribed by the Controller. (d) As used in this section, the following terms have the following meanings: (1) “School district” means a school district as defined in Section 80 of the Education Code. (2) “Special district” means any of the following: (A) A special district as defined in Section 95 of the Revenue and Taxation Code. (B) A commission provided for by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1. (C) A nonprofit corporation that is any of the following: (i) Was formed in accordance with the provisions of a joint powers agreement to carry out functions specified in the agreement. (ii) Issued bonds, the interest on which is exempt from federal income taxes, for the purpose of purchasing land as a site for, or purchasing or constructing, a building, stadium, or other facility, that is subject to a lease or agreement with a local public entity. (iii) Is wholly owned by a public agency. (Amended by Stats. 2021, Ch. 224, Sec. 3. (SB 813) Effective January 1, 2022.)
  98. 12463.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

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    The Controller must appoint a seven-member advisory committee, publish and report certain financial information about special districts, and notify the Legislature within one week after publication.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12463.1. (a) The Controller shall appoint an advisory committee consisting of seven local governmental officers to assist the Controller in developing complete and adequate records. (b) Whenever, in the opinion of the advisory committee and the Controller, the public welfare demands that the reports of the financial transactions of a district other than a school district be published, the Controller shall notify the district that reports of its financial transactions are required to be furnished to the Controller pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5. A public entity, agency, board, transportation planning agency designated by the Secretary of Transportation pursuant to Section 29532, or commission provided for by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, and a nonprofit corporation as defined in subdivision (d), shall be deemed a district within the meaning of this section. The Controller shall compile and publish these reports pursuant to Section 12463. (c) The Controller shall make available annually, in a separate report, published in an electronic format on the Controller’s internet website, certain financial information about selected special districts. The information provided in this report shall be published no later than June 30 following the end of the annual reporting period and contain information consistent with generally accepted accounting principles and Governmental Accounting Standards Board statements. This report may be included whenever the Controller publishes a report pursuant to this section. The Controller shall include in the Controller’s report information that best illustrates the assets, liabilities, and equity of selected districts. The Controller may also include separate line items for “total revenues” and “total expenditures.” This report shall cover the 250 special districts with the largest total revenues for that reporting period. When the report is available, the Controller shall notify the Legislature, in writing, within one week of its publication. (d) For purposes of this section, “nonprofit corporation” means any nonprofit corporation (1) formed in accordance with the provisions of a joint powers agreement to carry out functions specified in the agreement; (2) that issued bonds, the interest on which is exempt from federal income taxes, for the purpose of purchasing land as a site for, or purchasing or constructing, a building, stadium, or other facility, that is subject to a lease or agreement with a local public entity; or (3) wholly owned by a public agency. (Amended by Stats. 2021, Ch. 50, Sec. 83. (AB 378) Effective January 1, 2022.)
  99. 12463.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

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    The Controller must report information about locally assessed parcel taxes, and local agencies that assess them must provide the Controller the information needed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12463.2. (a) (1) The Controller shall include in reports compiled and published pursuant to subdivision (b) of Section 12463 information relating to the imposition of each locally assessed parcel tax, including, but not limited to, the following: (A) The type and rate of parcel tax imposed. (B) The number of parcels subject to the parcel tax. (C) The number of parcels exempt from the parcel tax. (D) The sunset date of the parcel tax, if any. (E) The amount of revenue received from the parcel tax. (F) The manner in which the revenue received from the parcel tax is being used. (2) In implementing this subdivision, the Controller shall use existing funds or resources. (b) Each county, city, and special district that assesses a parcel tax shall provide information to the Controller as required by the Controller to comply with subdivision (a). (c) For purposes of this section, “parcel tax” means a tax levied by a local agency upon any parcel of property identified using the assessor’s parcel number system, or upon any person as an incident of property ownership pursuant to Section 4 of Article XIII A of the California Constitution, that is collected via the annual property tax bill. (Added by Stats. 2014, Ch. 781, Sec. 1. (AB 2109) Effective January 1, 2015.)
  100. 12463.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

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    The Controller must compile and publish annual reports on redevelopment agencies’ financial transactions, make the data available to the Legislature on request by April 1 each year, and publish the information for each project area.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12463.3. On or before May 1 of each year, the Controller shall compile and publish annually reports of the financial transactions of each community redevelopment agency created pursuant to Division 24 (commencing with Section 33000) of the Health and Safety Code. The Controller shall make the data available to the Legislature and its agents upon request, on or before April 1 of each year. The Controller shall publish this information for each project area of each redevelopment agency. The reports shall be made in the time, form, and manner prescribed by the Controller, after consultation with the Department of Housing and Community Development and the advisory committee created pursuant to Section 12463.1. (Amended by Stats. 1998, Ch. 39, Sec. 1. Effective January 1, 1999.)
  101. 12463.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

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    The Controller must publish a comprehensive list of special districts on its website by July 1, 2019, and update it every year afterward.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12463.4. On or before July 1, 2019, the Controller shall publish on the Controller’s Internet Web site a comprehensive list of special districts. The Controller shall update the list every year thereafter. For purposes of this section, the term “special district” means an “independent district” or “independent special district” as those terms are defined in Section 56044. (Added by Stats. 2017, Ch. 334, Sec. 1. (SB 448) Effective January 1, 2018.)
  102. 12464.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

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    If local reports are late, improper, or suspected to be false or incomplete, the Controller must appoint a qualified accountant to investigate. The accountant must report back, and certain copies must be filed or sent to the grand jury. Related costs are paid by the local government entity, with offset and forfeiture rules applying.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12464. (a) If the county, city, or district reports are not made in the time, form, and manner required or there is reason to believe that a report is false, incomplete, or incorrect, the Controller shall appoint a qualified accountant to make an investigation and to obtain the information required. The accountant appointed shall report to the Controller the results of investigation, and a copy shall be filed with the legislative body of the county, city, or district, the accounts of which were investigated. If a similar investigation has to be made of the accounts of any county, city, or district, for two successive years, a certified copy of the results of the investigation last made shall be transmitted to the grand jury of the county that was investigated or in which the city or district investigated is situated, or, if the district is situated in more than one county, in the county in which any portion of the district is situated. (b) Any costs incurred by the Controller pursuant to subdivision (a), including contracts with, or employment of, certified public accountants or public accountants, in compiling a financial report pursuant to Section 12463 or 12463.3 shall be borne by the county, city, district, or redevelopment agency, and shall be a charge against any unencumbered funds of the county, city, district, or redevelopment agency. Any forfeiture imposed by Section 53895 or 53895.5 may be offset up to the total costs incurred by the Controller. Any remaining balance shall be forfeited in accordance with Sections 53895 and 53895.5. Any costs incurred by the Controller in excess of the forfeiture imposed shall be a charge against any unencumbered funds of the county, city, district, or redevelopment agency. (Amended by Stats. 2004, Ch. 520, Sec. 5. Effective January 1, 2005.)
  103. 12465.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

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    The Controller may destroy certain old records, sometimes only with the Director of General Services’ concurrence, and some records must be kept for at least three years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12465. (a) When they are in excess of five years old, reports from county and city officials and individuals, claims, canceled and paid warrants, payroll documents, and other records may be destroyed by the Controller, with the concurrence of the Director of General Services. (b) Except as provided in subdivision (c), original reports, claims, canceled and paid warrants, payroll documents and other records may be destroyed after one year if they are reproduced in accordance with Section 14756 and the reproduction is preserved for the required period. (c) Records relating to the annual Controller’s report on the revenues and expenditures of state government shall not be destroyed pursuant to subdivision (b) for at least three years. (Amended by Stats. 1978, Ch. 221.)
  104. 12466.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

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    The Controller must give the Department of Finance a monthly statement of Treasury fund balances, the Controller’s office total, and unpaid warrants covered by Treasury money.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12466. On the first business day of each month, the Controller shall furnish the Department of Finance with a statement of the amount of money in each fund of the Treasury, and the total amount as it appears upon the books of the Controller’s office, together with the amount of warrants issued by the Controller but not paid by the Treasurer, and for the payment of which there is money in the Treasury. (Amended by Stats. 2021, Ch. 50, Sec. 84. (AB 378) Effective January 1, 2022.)
  105. 12467.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

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    This section requires reports, reviews, and proposed legislation to address General Fund cash shortfalls, and it can trigger automatic reductions in General Fund appropriations if required legislation is not enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12467. (a) (1) The Legislature finds and declares that the General Fund has experienced significant deficits in recent years due to economic factors and extraordinary demand for public services supported by the General Fund. In order to meet the cash needs of the state, it has been necessary to obtain external loans. The Legislature desires to provide a specific mechanism to eliminate chronic General Fund cash deficits, provide fiscal stability, and facilitate temporary, short-term borrowing. (2) For purposes of this section, “unused borrowable resources,” as of any date, means total available borrowable resources on that date less total cumulative loan balances on that date. (b) On November 15, 1994, the Controller shall provide a detailed report to the Legislature and the Governor of the estimated cash condition of the General Fund for the 1994–95 fiscal year. The Legislative Analyst shall prepare an analysis of General Fund revenues and expenditures for the 1994–95 fiscal year for use by the Controller in the estimate of the 1994–95 General Fund cash condition. The Legislative Analyst shall review the Controller’s estimate of the General Fund cash condition and within five working days shall advise the Controller, the Treasurer, the Chairperson of the Joint Legislative Budget Committee, and the Director of Finance whether that estimate reasonably reflects anticipated expenditures and revenues during the fiscal year. The Controller’s report shall identify the amount of any 1995 cash shortfall, as set forth in this subdivision. To that end, the Controller shall identify the projected amount by which the unused borrowable resources on June 30, 1995, will differ from the unused borrowable resources on June 30, 1995, as indicated in the cash flow analysis included in the official statement accompanying the sale of the July 1994 revenue anticipation warrants. If the Controller’s report identifies a decrease in the unused borrowable resources on June 30, 1995, of more than four hundred thirty million dollars ($430,000,000), then the 1995 cash shortfall shall be the amount of the difference that exceeds four hundred thirty million dollars ($430,000,000). On or before January 10, 1995, the Governor shall propose legislation providing for sufficient General Fund expenditure reductions, revenue increases, or both, to offset the amount of the estimated 1995 cash shortfall as reported by the Controller. This legislation, or legislation providing equivalent expenditure reductions, revenue increases, or both, shall be enacted on or before February 15, 1995. (c) The Director of Finance shall include updated cash flow statements for the 1994–95 and 1995–96 fiscal years in the May revision to the budget proposal for the 1995–96 fiscal year submitted to the Legislature pursuant to Section 13308. The revised budget proposal for the 1995–96 fiscal year shall not result in any projected negative amount of unused borrowable resources as of June 30, 1996. By June 1, 1995, the Controller shall concur with those updated statements or provide a report to the Governor and the Legislature identifying specific corrections, objections, or concerns and the Controller’s estimate of the cash condition of the General Fund for the 1994–95 and 1995–96 fiscal years. If the Controller identifies any projected negative amount of unused borrowable resources as of June 30, 1996, then the Governor shall propose additional General Fund expenditure reductions, revenue increases, or both, to eliminate that cash shortfall. The enacted budget shall not result in any projected negative unused borrowable resources as of June 30, 1996. (d) On October 15, 1995, the Controller shall provide a detailed report to the Legislature and the Governor of the estimated cash condition of the General Fund for the 1995–96 fiscal year. The Legislative Analyst shall prepare an analysis of General Fund revenues and expenditures for the 1995–96 fiscal year for use by the Controller in the estimate of the 1995–96 General Fund cash condition. The Legislative Analyst shall review the Controller’s estimate of the General Fund cash condition and within five working days shall advise the Controller, the Treasurer, the Chairperson of the Joint Legislative Budget Committee, and the Director of Finance whether that estimate reasonably reflects anticipated expenditures and revenues during the fiscal year. The Controller’s report shall identify the amount of any 1996 cash shortfall, as set forth in this subdivision. The Controller shall identify the projected amount of unused borrowable resources as of June 30, 1996. If the Controller’s report identifies a negative amount of unused borrowable resources as of June 30, 1996, then the 1996 cash shortfall shall be the amount necessary to bring the balance of unused borrowable resources on June 30, 1996, to zero. Within 10 days of the Legislative Analyst’s review, the Governor shall propose legislation providing for sufficient General Fund expenditure reductions, revenue increases, or both, to offset the estimated 1996 cash shortfall as reported by the Controller. This legislation, or legislation providing equivalent expenditure reductions, revenue increases, or both, shall be enacted on or before December 1, 1995. (e) (1) If the legislation required by subdivision (b) is not enacted, within five days the Director of Finance shall reduce all General Fund appropriations for the 1994–95 fiscal year, except those required by subdivision (b) of Section 8 of Article XVI, Section 25 of Article XIII, Section 6 of Article XIII B, or any other provision of the California Constitution, and general obligation debt service, or law of the United States, by the percentage equal to the ratio of the 1995 cash shortfall to total remaining General Fund appropriations for the 1994–95 fiscal year, after excluding the appropriations that are not subject to reduction. (2) If the legislation required by subdivision (d) is not enacted, within five days the Director of Finance shall reduce all General Fund appropriations for the 1995–96 fiscal year, except those required by subdivision (b) of Section 8 of Article XVI, Section 25 of Article XIII, Section 6 of Article XIII B, or any other provision of the California Constitution, any general obligation debt service, or law of the United States, by the percentage equal to the ratio of the 1996 cash shortfall to total remaining General Fund appropriations for the 1995–96 fiscal year, after excluding the appropriations that are not subject to reduction. (3) Notwithstanding any other provision of law, if a General Fund appropriation that is reduced pursuant to paragraph (1) or (2) is for a program under which individuals other than an officer or employee of the state receive an amount determined pursuant to statute, whether that amount is an entitlement or not, that amount shall be reduced by the same percentage as the General Fund appropriation from which that payment is made is reduced. (f) The State of California hereby pledges to and agrees with the holders of any registered reimbursement warrants and any revenue anticipation notes issued in July 1994, and any banking institutions that provide credit support for these warrants or notes, that the state will not limit or alter the obligation hereby required of the state by this section until the registered reimbursement warrants and revenue anticipation notes, together with interest thereon, are fully met and discharged. (Amended by Stats. 2006, Ch. 538, Sec. 252. Effective January 1, 2007.)
  106. 12468.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller must regularly audit county property tax revenue apportionment and allocation, with audit frequency based on county population, and must submit an annual report to the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Reports [12460 - 12468] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12468. The Controller shall regularly audit the apportionment and allocation by counties of property tax revenue pursuant to Chapter 3.5 (commencing with Section 75) of, and Chapter 6 (commencing with Section 95) of, Part 0.5 of Division 1 of the Revenue and Taxation Code in accordance with the following schedule: (a) For counties with a population in excess of 5,000,000 the audit shall be performed annually. (b) For counties with a population greater than 200,000 and less than 5,000,000, the audit shall be performed on a three-year cycle. (c) For counties with a population of 200,000 or less, the audit shall be performed on a five-year cycle. (d) The Controller may, at the Controller’s discretion, perform audits more frequently than provided in subdivisions (b) and (c). (e) The Controller shall annually submit a report to the Legislature containing a description of the audit findings for each county that was audited during the prior year. The report shall contain recommendations to the Legislature for legislation to correct any errors in the apportionment and allocation of property tax revenues that were determined as a result of these audits. (Amended by Stats. 2021, Ch. 50, Sec. 85. (AB 378) Effective January 1, 2022.)
  107. 12470.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. )

    Verify source ↗

    The Controller must install and run a uniform state payroll system for all state agencies, with two stated exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. ) ## 12470. In conformity with the accounting system prescribed by the Department of Finance pursuant to Section 13300, the Controller shall install and operate a uniform state payroll system for all state agencies except the California Exposition and State Fair and the University of California. The Controller may provide for the orderly inclusion of state agencies into the system, and may make exceptions from the operation thereof for the periods as the Controller determines necessary. (Amended by Stats. 2021, Ch. 50, Sec. 86. (AB 378) Effective January 1, 2022.)
  108. 12471.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. )

    Verify source ↗

    The uniform state pay roll system must provide adequate accounting procedures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. ) ## 12471. The uniform state pay roll system shall provide adequate accounting procedures to enable each state agency to properly account salary and wage expenditures under the uniform state accounting system. (Added by Stats. 1951, Ch. 1146.)
  109. 12472.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. )

    Verify source ↗

    The uniform state payroll system may set staggered payroll periods and designated pay dates, but pay dates must stay within 10 days for monthly salaried employees and 15 days for semimonthly or biweekly systems. Changes to a bargaining unit’s existing payroll periods need authorization or approval in that unit’s memorandum of understanding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. ) ## 12472. The uniform state payroll system may provide for the fixing of staggered payroll periods, and designated days of the month on which permanent monthly salaried employees shall be paid for the preceding payroll period. These pay dates shall not be more than 10 calendar days following the close of the payroll period for monthly salaried employees and not more than 15 calendar days following the close of the payroll period for semimonthly and biweekly payroll systems. No change shall be made pursuant to this section in the existing payroll periods of a bargaining unit unless the change is authorized or approved in the memorandum of understanding for that unit. (Amended by Stats. 1989, Ch. 28, Sec. 2. Effective May 26, 1989.)
  110. 12472.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. )

    Verify source ↗

    Payments to employees through the uniform state payroll system for June 30 master payroll must be issue dated on July 1, and employees must be paid promptly.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. ) ## 12472.5. Notwithstanding any other law, on and after January 1, 2025, payments to employees made through the uniform state payroll system for master payroll paid on June 30 of each year shall be issue dated on July 1, provided that employees shall, in any event, be paid promptly. (Added by Stats. 2024, Ch. 52, Sec. 6. (AB 171) Effective July 2, 2024.)
  111. 12473.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. )

    Verify source ↗

    A state agency’s employees’ payroll period cannot be changed under the uniform state pay roll system unless affected employees get notice in the Controller-prescribed form and manner at least 60 days before the change takes effect.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. ) ## 12473. The pay roll period of employees of a state agency shall not be changed by inclusion of the agency into the uniform state pay roll system or by any revision or modification of the system unless notice of the proposed change has been given to each employee who will be affected by such change in the form and manner prescribed by the Controller not less than 60 days prior to the effective date of the change. (Added by Stats. 1951, Ch. 1146.)
  112. 12474.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. )

    Verify source ↗

    The Controller must maintain a payroll roster for state agency employees, with some exceptions, and may also keep a roster of established positions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. ) ## 12474. The Controller shall establish and maintain a payroll roster of all persons employed by every state agency except the University of California and may establish and maintain a roster of all established positions. The payroll roster shall include both civil service and exempt employees, but shall not necessarily include emergency appointees or the equivalent. With the agreement of the Controller, any modification, addition, or deletion to the payroll roster may be done electronically and the data base entry shall be certified notification of the appointing powers’ action for disbursement, or other acts in reliance, by the Controller. (Amended by Stats. 1982, Ch. 1270, Sec. 25.)
  113. 12475.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. )

    Verify source ↗

    Each appointing power must promptly and correctly certify payroll roster changes to the Controller, and the Controller acts on those certifications and attendance reports.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. ) ## 12475. Each appointing power shall correctly and promptly certify to the Controller all changes, modifications, additions and deletions to the pay roll roster in compliance with all applicable civil service, fiscal, and other pertinent laws, rules, and regulations. The Controller shall disburse or otherwise act in reliance upon all pay roll roster certifications and attendance reports certified to the Controller by the respective appointing powers. (Added by Stats. 1951, Ch. 1146.)
  114. 12476.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. )

    Verify source ↗

    The Controller may audit the state payroll system, the State Pay Roll Revolving Fund, and related state agency records.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. ) ## 12476. The Controller may audit the uniform state pay roll system, the State Pay Roll Revolving Fund, and related records of state agencies within the uniform state pay roll system, in such manner as the Controller may determine. (Added by Stats. 1951, Ch. 1146.)
  115. 12477.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. )

    Verify source ↗

    Rules and regulations adopted under this article or Section 1153 are exempt from the Administrative Procedure Act, and the Controller decides how they must be distributed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. ) ## 12477. Rules and regulations adopted under this article or Section 1153 are excepted from the provisions of the Administrative Procedure Act and shall be distributed in the form and manner as the Controller determines. (Amended by Stats. 1982, Ch. 1270, Sec. 26.)
  116. 12478.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. )

    Verify source ↗

    The Controller must issue a replacement payroll warrant when satisfactory proof shows the original was lost or destroyed before delivery, and the payee’s appointing power certifies it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. ) ## 12478. Upon receipt of proof, satisfactory to the Controller, that a payroll warrant issued by the Controller has been lost or destroyed prior to its delivery to the employee to whom it is payable, the Controller shall, upon certification by the payee’s appointing power, issue a replacement warrant in payment of the same amount, without requiring a bond from the payee, and any loss incurred in connection therewith shall be charged against the account from which the payment was derived. Without limiting the generality of the preceding sentence, a payroll warrant shall be considered to have been lost if it has been sent to the payee but not received by him within a reasonable time, consistent with the policy of prompt payment of employees or if it has been sent to a state officer or employee for delivery to the payee or for forwarding to another state officer or employee for such delivery, and has not been received within such reasonable time. A replacement warrant is void if not presented for payment to the Treasurer within the same time limit provided by law for the original warrant. (Amended by Stats. 2014, Ch. 28, Sec. 26. (SB 854) Effective June 20, 2014.)
  117. 12479.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. )

    Verify source ↗

    State employees may designate who receives their warrants if they die, and may change that designation later.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. ) ## 12479. (a) Notwithstanding any other law, an employee of the state may file with their appointing power a designation of a person or persons for receipt of employee warrants upon death. The designation shall control who is entitled to receive the warrants that would have been payable to the decedent had they survived. (b) An employee may designate a primary person and up to three contingent persons pursuant to this section. The first-designated person shall be the designated person that receives the warrants. If the first-designated person predeceases the employee, the next-listed designated person who survives the employee shall be the designated person that receives the warrants. (c) The appropriate designated person shall claim the warrants from the appointing power. Upon sufficient proof of identity, the appointing power shall endorse and deposit the warrants in the manner provided in Section 17051 and shall issue a revolving fund check in the original amount payable to the designated person. (d) The employee may change the designation from time to time. (e) For purposes of this section, “person” includes, but is not limited to, a corporation, a trust, or an estate. (Amended by Stats. 2021, Ch. 55, Sec. 1. (AB 444) Effective January 1, 2022.)
  118. 12480.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. )

    Verify source ↗

    State officers and employees may authorize their salary or wages to be paid by direct deposit into an account at a financial institution of their choice, subject to required withholding, authorized deductions, and the Section 12481 program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. ) ## 12480. Officers and employees of the state may authorize the direct deposit by electronic fund transfer of their salary or wages, after any withholding required by law and authorized deductions, into an account at the financial institution of their choice under a program for direct deposit by electronic transfer established pursuant to Section 12481. The direct deposit shall discharge the obligation of the Controller with respect to the drawing and issuance of warrants for the salaries or wages of the state officers and employees authorizing the direct deposit. (Added by Stats. 1982, Ch. 1317, Sec. 3.)
  119. 12481.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. )

    Verify source ↗

    The Controller must set up a direct-deposit payroll program and make agreements with participating financial institutions for state officers and employees who choose direct deposit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. ) ## 12481. (a) Notwithstanding any other law, the Controller shall make an agreement with one or more financial institutions participating in the Automated Clearing House pursuant to the local rules, and shall establish a program, for direct deposit by electronic fund transfer of the salary or wages, after any withholding required by law and authorized deductions, of officers and employees of the state who authorize the direct deposit thereof by electronic fund transfer into the person’s account at the financial institution of the person’s choice. (b) The direct deposit of state payroll pursuant to this section shall be known as the State of California Sure Pay Plan. (Amended by Stats. 2021, Ch. 50, Sec. 88. (AB 378) Effective January 1, 2022.)
  120. 12482.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. )

    Verify source ↗

    The Controller must submit a report to the Legislature’s relevant budget subcommittees by February 1, 2023, after consulting with the Department of Human Resources.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Controller [12402 - 12482] ( Chapter 5 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Uniform State Pay Roll System [12470 - 12482] ( Article 5 added by Stats. 1951, Ch. 1146. ) ## 12482. (a) On or before February 1, 2023, the Controller, in consultation with the Department of Human Resources, shall submit a report to each of the relevant budget subcommittees of the Legislature on the proposed California State Payroll System information technology project. The report shall include all of the following: (1) A detailed summary of project planning efforts up to the report’s publication, particularly project team outreach to state entities impacted by the future system to gather business and system requirements and design future business processes. (2) A complete governance plan for the project and future system, including all of the roles and responsibilities for each state entity in the governance plan. The plan shall identify all state entities in the governance plan with decisionmaking authority. Any state entity that is not included in the governance structure, but that is significantly affected by the development and implementation of the system, shall also be identified. The plan shall provide further detail on the project’s outreach to each of these affected state entities, including all training conducted with executive leadership or employees. (3) A comprehensive list of each state entity engaged by the project’s Department Agency Readiness Team (DART) up to the report’s publication, including the total number of DART engagements by state entity and a detailed summary for each engagement. Each engagement summary shall describe any resistance from state entity leadership or employees and outline the project’s next steps to mitigate resistance during development and implementation of the project. (4) A detailed summary of the activities of the Business Process Owners (BPO) Group up to the report’s publication. The summary shall include any business process modifications identified by the BPO Group as a result of new system requirements. (5) An updated version of the project’s risk register and issue log as of the report’s publication. (b) Any confidential procurement information that cannot be shared with the Legislature until the primary system integrator contract is awarded is exempt from the reporting requirements of this section. (Added by Stats. 2022, Ch. 48, Sec. 26. (SB 189) Effective June 30, 2022.)
  121. 12500.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12500 - 12504] ( Article 1 added by Stats. 1945, Ch. 111. )

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    The Attorney General’s annual salary covers all ex officio service on any board or commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12500 - 12504] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 12500. The annual salary of the Attorney General includes all services rendered ex officio as member of any board or commission. (Amended by Stats. 2007, Ch. 142, Sec. 24. Effective January 1, 2008.)
  122. 12502.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12500 - 12504] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Attorney General may appoint and set salaries for specified staff, and the Governor must appoint two directors and two associate directors of the Attorney General’s office with the Attorney General’s recommendation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12500 - 12504] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 12502. (a) The Attorney General may appoint and fix the salaries of Assistant Attorneys General, Deputy Attorneys General, service agents, experts, and technical and clerical employees as the Attorney General deems necessary for the proper performance of the duties of the Attorney General’s office. Each appointee is a civil executive officer. (b) Notwithstanding any other law, but consistent with Section 4 of Article VII of the California Constitution, the Governor, with the recommendation of the Attorney General, shall appoint two directors and two associate directors of the Attorney General’s office who shall be exempt from state civil service. Appointments to these exempt positions shall not result in any net increase in the expenditures of the Department of Justice. (Amended by Stats. 2019, Ch. 311, Sec. 1. (AB 894) Effective January 1, 2020.)
  123. 12503.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12500 - 12504] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    A person is not eligible for Attorney General unless they have been admitted to practice before the state Supreme Court for at least five years before the election or appointment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12500 - 12504] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 12503. No person shall be eligible to the office of Attorney General unless that person has been admitted to practice before the Supreme Court of the state for a period of at least five years immediately preceding that person’s election or appointment to this office. (Amended by Stats. 2021, Ch. 50, Sec. 89. (AB 378) Effective January 1, 2022.)
  124. 12504.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12500 - 12504] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Attorney General may not practice law privately or be connected directly or indirectly with private-practice attorneys, and must devote full time to state service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [12500 - 12504] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 12504. The Attorney General shall not engage in the private practice of law, nor shall the Attorney General be associated directly or indirectly with any attorney in private practice, but instead shall devote the Attorney General’s entire time to the service of the state. (Amended by Stats. 2021, Ch. 50, Sec. 90. (AB 378) Effective January 1, 2022.)
  125. 12510.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Attorney General is the head of the Department of Justice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12510. The Attorney General is head of the Department of Justice. (Added by Stats. 1945, Ch. 111.)
  126. 12511.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Attorney General is responsible for legal matters in which the State is interested, except for certain agencies that may employ their own attorneys.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12511. The Attorney General has charge, as attorney, of all legal matters in which the State is interested, except the business of The Regents of the University of California and of such other boards or officers as are by law authorized to employ attorneys. (Added by Stats. 1945, Ch. 111.)
  127. 12511.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Attorney General may defend certain health care providers and related staff against civil-rights claims arising from care provided to people in state custody, if the care was provided under contract with or control of the Department of Corrections.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12511.5. The Attorney General may defend a public or private provider of health care, as defined in Section 56.05 of the Civil Code, and its officers, employees, agents, and subcontractors against any claim that the civil rights of a person in state custody were violated in the provision of health care services, where those services were provided under contract with, or under the control of, the Department of Corrections. Defense of the provider of health care is conditioned upon the provider maintaining insurance for professional negligence. (Added by Stats. 1995, Ch. 749, Sec. 5. Effective October 10, 1995.)
  128. 12511.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    If the California Legislature Transparency Act is challenged, the Legislature must keep complying unless an appellate court finally declares it unconstitutional; the Attorney General must defend it, and official proponents have participation and appeal rights.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12511.7. Defense of the California Legislature Transparency Act. If an action is brought challenging, in whole or in part, the validity of the California Legislature Transparency Act, the following shall apply: (a) The Legislature shall continue to comply with the act unless it is declared unconstitutional pursuant to a final judgment of an appellate court. (b) Except as set forth in subdivision (c), the Attorney General shall defend against any action challenging, in whole or in part, the validity of the act, and shall have an unconditional right to intervene in any action addressing the validity of the act. (c) If the Attorney General declines to defend the validity of the act in any action, the Attorney General shall nonetheless file an appeal from, or seek review of, any judgment of any court that determines that the act is invalid, in whole or in part, if necessary or appropriate to preserve the state’s standing to defend the law in conformity with the Attorney General’s constitutional duty to see that the laws of the state are adequately enforced. (d) The official proponents of the act have an unconditional right to participate, either as interveners or real parties in interest, in any action affecting the validity or interpretation of the act. Where the Governor and Attorney General have declined to defend the validity of the act, the official proponents are also authorized to act on the state’s behalf in asserting the state’s interest in the validity of the act in any such action and to appeal from any judgment invalidating the act. (e) Nothing in this section precludes other public officials from asserting the state’s interest in the validity of the act. (Added November 8, 2016, by initiative Proposition 54, Sec. 6.1.)
  129. 12512.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Attorney General must attend the Supreme Court and prosecute or defend cases where the state or a state officer, acting officially, is a party.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12512. The Attorney General shall attend the Supreme Court and prosecute or defend all causes to which the state, or any state officer, is a party in the state officer’s official capacity. (Amended by Stats. 2021, Ch. 50, Sec. 91. (AB 378) Effective January 1, 2022.)
  130. 12513.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    After judgment in certain Section 12512 cases, the Attorney General must direct whatever process is needed to carry the judgment out.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12513. After judgment in any of the causes referred to in Section 12512, the Attorney General shall direct the issuing of such process as may be necessary to carry the judgment into execution. (Added by Stats. 1945, Ch. 111.)
  131. 12513.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    If a person does not timely pay a specified liability or penalty, they must also pay interest, reasonable attorneys’ fees, and collection costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12513.1. Any person who fails to pay on a timely basis any liability or penalty imposed by or on behalf of any state agency or official, the People of the State of California, the State of California, or any liability or penalty otherwise imposed in any matter prosecuted by the Attorney General, shall be required to pay, in addition to that liability or penalty, interest, reasonable attorneys’ fees, and costs for any collection proceedings to enforce payment. (Added by Stats. 2006, Ch. 69, Sec. 3. Effective July 12, 2006.)
  132. 12514.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Attorney General must keep a docket of all cases the Attorney General must appear in, and the docket must be open for public inspection during business hours.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12514. The Attorney General shall keep a docket of all causes in which the Attorney General is required to appear. The docket shall be open to the inspection of the public during business hours, and shall show: (a) The county and court in which the causes have been instituted and tried. (b) Whether they are civil or criminal. (c) The stage of the proceedings. (d) If civil, the nature of the demand and judgment, any process issued thereon, and satisfaction of the judgment or the return of the sheriff. (e) If criminal, the nature of the crime, the mode of prosecution, the sentence, the execution of the sentence, or the reasons for the delay or prevention of execution. (Amended by Stats. 2021, Ch. 50, Sec. 92. (AB 378) Effective January 1, 2022.)
  133. 12515.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Attorney General must bid on and buy certain state-related property sold under execution, under the direction of the Department of General Services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12515. The Attorney General shall bid upon and purchase, in the name of the state and under the direction of the Department of General Services, any property offered for sale under execution issued upon judgments in favor or for the use of the state, and enter satisfaction in whole or in part, of such judgments as the consideration for such purchase. (Amended by Stats. 1965, Ch. 371.)
  134. 12516.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Attorney General must redeem certain state-related property from prior judgments, liens, or encumbrances, under the direction of the Department of General Services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12516. Whenever the property of a judgment debtor in any judgment in favor or for the use of the state has been sold under a prior judgment, or is subject to any prior judgment, lien, or encumbrance, the Attorney General shall, under the direction of the Department of General Services, redeem the property from the prior judgment, lien, or encumbrance. Upon order of the Department of General Services, the money necessary for redemption shall be paid out of any appropriation for that purpose. (Amended by Stats. 1965, Ch. 371.)
  135. 12517.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Attorney General must bring actions to cancel fraudulent conveyances when needed to collect or enforce a state judgment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12517. When in the Attorney General’s opinion it may be necessary for the collection or enforcement of any judgment in favor or for the use of the state, the Attorney General shall institute and prosecute, on behalf of the state, actions or proceedings to set aside and annul all conveyances fraudulently made by judgment debtors. When allowed by the Department of General Services, the necessary cost shall be paid out of any available appropriation. (Amended by Stats. 2021, Ch. 50, Sec. 93. (AB 378) Effective January 1, 2022.)
  136. 12518.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Attorney General may defend the state or a state agency, and may bring an action, in cases involving title, possession, or boundaries of state land or land in which the state has an interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12518. Whenever any action is brought against the state or any state agency involving the title, or right to possession or the boundaries of any lands belonging to the state or in which it has any interest, the Attorney General may, when in the Attorney General’s judgment the public interest so requires, upon the Attorney General’s own motion or upon the request of any state agency, appear as attorney in defense of the state or state agency. Upon the Attorney General’s own motion or upon the request of any state agency, the Attorney General may institute such an action in the name of the people of the state or on behalf of any state agency. (Amended by Stats. 2021, Ch. 50, Sec. 94. (AB 378) Effective January 1, 2022.)
  137. 12519.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Attorney General must give written opinions when requested on questions of law tied to the requester’s office, and on criminal-law questions for city prosecuting attorneys.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12519. The Attorney General shall give the Attorney General’s opinion in writing to any Member of the Legislature, the Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, State Lands Commission, Superintendent of Public Instruction, Insurance Commissioner, any state agency, and any county counsel, district attorney, or sheriff when requested, upon any question of law relating to their respective offices. The Attorney General shall give the Attorney General’s opinion in writing to a city prosecuting attorney when requested, upon any question of law relating to criminal matters. (Amended by Stats. 2021, Ch. 50, Sec. 95. (AB 378) Effective January 1, 2022.)
  138. 12520.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Attorney General may not hire special counsel except under Article 3 or Article 4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12520. (a) The Attorney General may not employ special counsel in any case except pursuant to either of the following: (1) Article 3 (commencing with Section 12540). (2) Article 4 (commencing with Section 12550). (b) Subdivision (a) does not affect the right of the Attorney General to employ counsel to represent, or to assist in the representation of, a state agency as defined in Section 11000, including the Attorney General or the Department of Justice, or to represent a state employee if that representation meets any of the standards set forth in paragraph (3), (5), (7), (8), (9), or (10) of subdivision (b) of Section 19130. (Amended by Stats. 2000, Ch. 626, Sec. 2. Effective January 1, 2001.)
  139. 12521.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Attorney General must account for and pay over to the proper officer any money in the Attorney General’s possession that belongs to the state or a county.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12521. The Attorney General shall account for and pay over to the proper officer all money which may come into the Attorney General’s possession belonging to the state or to any county. (Amended by Stats. 2021, Ch. 50, Sec. 96. (AB 378) Effective January 1, 2022.)
  140. 12522.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Attorney General must report to the Governor by September 15 in each even-numbered year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12522. On or before the 15th day of September in each even-numbered year, the Attorney General shall report to the Governor the condition of the affairs of the Attorney General’s office and of the reports the Attorney General has received from district attorneys. (Amended by Stats. 2021, Ch. 50, Sec. 97. (AB 378) Effective January 1, 2022.)
  141. 12523.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Attorney General may appear for and represent the Indians of the State of California before the Indian Claims Commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12523. The Attorney General may appear for and represent the Indians of the State of California before the Indian Claims Commission created by an act of Congress approved August 13, 1946 (Public Law 726). (Added by Stats. 1955, Ch. 84.)
  142. 12524.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Attorney General may call county district attorneys, sheriffs, and municipal police chiefs into conference when needed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12524. The Attorney General may, from time to time, and as often as occasion may require, call into conference the district attorneys and sheriffs of the several counties and the chiefs of police of the several municipalities of this state, or such of them as the Attorney General deems advisable, for the purpose of discussing the duties of their respective offices, with the view of uniform and adequate enforcement of the laws of this state as contemplated by Section 13 of Article V of the Constitution of this state. (Amended by Stats. 2021, Ch. 50, Sec. 98. (AB 378) Effective January 1, 2022.)
  143. 12525.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    When a person dies in custody, the responsible law enforcement or correctional agency must send a written report to the Attorney General within 10 days and must update it within 10 days if the information changes or new information appears.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12525. (a) In any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the Attorney General, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. (b) If any of the information provided pursuant to subdivision (a) changes or if new information becomes available regarding the death, including, but not limited to, the manner and means of death, the law enforcement agency or agency in charge of the correctional facility shall update its written report to the Attorney General within 10 days of the date of change or the date the new information becomes available. (c) The writings in this section are public records within the meaning of Section 7920.530 of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005. Nothing in this section shall permit the disclosure of confidential medical information that may have been submitted to the Attorney General’s office in conjunction with the report except as provided in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. (Amended by Stats. 2024, Ch. 69, Sec. 1. (AB 3092) Effective January 1, 2025.)
  144. 12525.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    Law enforcement agencies must monthly report certain officer-involved shootings and serious-force incidents to the Department of Justice, and the Department of Justice must publish yearly summaries and classify the information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12525.2. (a) Each law enforcement agency shall monthly furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following: (1) An incident involving the shooting of a civilian by a peace officer. (2) An incident involving the shooting of a peace officer by a civilian. (3) An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death. (4) An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death. (b) For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following: (1) The gender, race, and age of each individual who was shot, injured, or killed. (2) Whether the officer perceived the civilian had a developmental, physical, or mental disability. (3) The date, time, and location of the incident. (4) Whether the civilian was armed, and, if so, the type of weapon. (5) The type of force used against the officer, the civilian, or both, including the types of weapons used. (6) The number of officers involved in the incident. (7) The number of civilians involved in the incident. (8) The reason for contact. (9) The reason for using force. (10) The injuries sustained. (11) If any medical aid was rendered. (12) If the officer observed signs of any of the following: (A) Mental, physical, or developmental disability. (B) Drug or alcohol impairment. (C) Erratic behavior. (c) Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the department’s OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officer’s employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved. (d) For the purposes of this section, the following terms are defined as follows: (1) “Developmental disability” has the same meaning as in Section 4512 of the Welfare and Institutions Code. (2) “Mental disability” has the same meaning as “serious mental disorder” in Section 5600.3 of the Welfare and Institutions Code. (3) “Physical disability” has the same meaning as in Section 12926 of the Government Code. (4) “Serious bodily injury” means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ. (Amended by Stats. 2022, Ch. 899, Sec. 1. (SB 882) Effective January 1, 2023.)
  145. 12525.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Attorney General must run a Police Practices Division, investigate certain officer-involved shootings, prepare and post reports, and make recommendations on deadly force policies when requested.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12525.3. (a) For purposes of this subdivision, the following definitions apply: (1) “Deadly weapon” includes, but it not limited to, any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles. (2) “Unarmed civilian” includes anyone who is not in possession of a deadly weapon. (b) (1) A state prosecutor shall investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian. The Attorney General is the state prosecutor unless otherwise specified or named. (2) The state prosecutor is authorized to do all of the following: (A) Investigate and gather facts in an incident involving a shooting by a peace officer that results in the death of a civilian if the civilian was unarmed or if there is a reasonable dispute as to whether the civilian was armed. (B) For all investigations conducted, prepare and submit a written report. The written report shall include, at a minimum, the following information: (i) A statement of the facts. (ii) A detailed analysis and conclusion for each investigatory issue. (iii) Recommendations to modify the policies and practices of the law enforcement agency, as applicable. (C) If criminal charges against the involved officer are found to be warranted, initiate and prosecute a criminal action against the officer. (3) The state prosecutor shall post and maintain on a public internet website each written report prepared by the state prosecutor pursuant to this subdivision, appropriately redacting any information in the report that is required by law to be kept confidential. (c) (1) Commencing on July 1, 2023, the Attorney General shall operate a Police Practices Division within the Department of Justice to, upon request of a local law enforcement agency, review the use of deadly force policies of that law enforcement agency. (2) The program described in paragraph (1) shall make specific and customized recommendations to any law enforcement agency that requests a review pursuant to paragraph (1), based on those policies identified as recommended best practices. (d) This section does not limit the Attorney General’s authority under the California Constitution or any applicable state law. (e) Subject to an appropriation for this purpose by the Legislature, the department shall implement this section. (Amended by Stats. 2021, Ch. 250, Sec. 2. (SB 715) Effective January 1, 2022.)
  146. 12525.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    State and local agencies that employ peace officers must report annual stop data to the Attorney General, and agencies with different officer-count tiers have staggered start and first-report deadlines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12525.5. (a) (1) Each state and local agency that employs peace officers shall annually report to the Attorney General data on all stops conducted by that agency’s peace officers for the preceding calendar year. (2) Each agency that employs 1,000 or more peace officers shall begin collecting data on or before July 1, 2018, and shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more but less than 1,000 peace officers shall begin collecting data on or before January 1, 2019, and shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more but less than 667 peace officers shall begin collecting data on or before January 1, 2021, and shall issue its first round of reports on or before April 1, 2022. Each agency that employs 1 or more but less than 334 peace officers shall begin collecting data on or before January 1, 2022, and shall issue its first round of reports on or before April 1, 2023. (b) The reporting shall include, at a minimum, the following information for each pedestrian, traffic, or any other type of stop: (1) The time, date, and location of the stop. (2) The reason for the stop. (3) The reason given to the person stopped at the time of the stop. (4) The result of the stop, such as, no action, warning, citation, property seizure, or arrest. (5) If a warning or citation was issued, the warning provided or violation cited. (6) If an arrest was made, the offense charged. (7) The perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics shall be based on the observation and perception of the peace officer making the stop, and the information shall not be requested from the person stopped. For motor vehicle stops, this paragraph only applies to the driver, unless any actions specified under paragraph (8) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for that passenger. (8) Actions taken by the peace officer during the stop, including, but not limited to, the following: (A) Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided. (B) Whether the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any. (C) Whether the peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property. (c) If more than one peace officer performs a stop, only one officer is required to collect and report to the officer’s agency the information specified under subdivision (b). (d) State and local law enforcement agencies shall not report the name, address, social security number, or other unique personal identifying information of persons stopped, searched, or subjected to a property seizure, for purposes of this section. Notwithstanding any other law, the data reported shall be available to the public, except for the badge number or other unique identifying information of the peace officer involved. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text field. (e) Not later than January 1, 2018, the Attorney General, in consultation with stakeholders, including the Racial and Identity Profiling Advisory Board (RIPA) established pursuant to paragraph (1) of subdivision (j) of Section 13519.4 of the Penal Code, federal, state, and local law enforcement agencies and community, professional, academic, research, and civil and human rights organizations, shall issue regulations for the collection and reporting of data required under subdivision (b). The regulations shall specify all data to be reported, and provide standards, definitions, and technical specifications to ensure uniform reporting practices across all reporting agencies. To the best extent possible, the regulations should be compatible with any similar federal data collection or reporting program. (f) All data and reports made pursuant to this section are public records within the meaning of Section 7920.530 and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005. (g) (1) For purposes of this section, “peace officer,” as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, is limited to members of the California Highway Patrol, a city or county law enforcement agency, and California state or university educational institutions. “Peace officer,” as used in this section, does not include probation officers and officers in a custodial setting. (2) For purposes of this section, “stop” means any detention by a peace officer of a person, or any peace officer interaction with a person in which the peace officer conducts a search, including a consensual search, of the person’s body or property in the person’s possession or control. (h) This section shall become operative on January 1, 2024. (Repealed (in Sec. 1) and added by Stats. 2022, Ch. 805, Sec. 2. (AB 2773) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
  147. 12526.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Attorney General antitrust account is created in the General Fund, and spending from it requires a legislative appropriation in the annual Budget Bill.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12526. The Attorney General antitrust account is hereby created in the General Fund. All money in the account is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for the refund, in accordance with law, of any moneys erroneously paid in to the account. Money in the account shall be available for expenditure only upon appropriation by the Legislature in the annual Budget Bill. Such appropriation may be augmented by executive order issued by the Director of Finance, provided that within 30 days after such augmentation the Director of Finance shall notify the Chairman of the Joint Legislative Budget Committee and the chairman of the committee in each house which consider appropriations of any additional allocations. It is the intent of the Legislature that any augmentation shall be limited to the amount required to meet specific unbudgeted workload needs. Any continuing increase in the level of antitrust activity shall be subject to legislative review through the appropriation process. The expenses of the antitrust section in excess of the funds available in the Attorney General antitrust account within the General Fund shall be paid out of the regular appropriation for the support of the Department of Justice. (Amended by Stats. 2023, Ch. 45, Sec. 35. (AB 127) Effective July 10, 2023.)
  148. 12527.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    This section lets a court appoint a receiver in certain Attorney General actions involving unlawfully obtained property, and gives the receiver and court specified powers over the property.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12527. (a) This section applies to every action brought in the name of the people of the State of California by the Attorney General. (b) The court may appoint a receiver, in actions in which the appointment of a receiver is authorized by law, upon the application of the Attorney General if the court determines both of the following: (1) The Attorney General has a reasonable probability of prevailing on the merits at trial in establishing that the defendant obtained real or personal property by any unlawful means. (2) The appointment of a receiver would facilitate the maintenance, preservation, operation, or recovery of that property for any restitutionary purpose. (c) The receiver may do any of the following subject to the direction of the court: (1) Sue for, collect, receive, and take into possession all the real and personal property derived by any unlawful means, including property with which that property or the proceeds thereof has been commingled if that property or the proceeds thereof cannot be identified in kind because of the commingling. (2) Take possession of all books, records, and documents relating to any unlawfully obtained property and the proceeds thereof. In addition, the receiver shall have the same right as a defendant to request, obtain, inspect, copy, and obtain copies of books, records, and documents maintained by third parties that relate to unlawfully obtained property and the proceeds thereof. (3) Transfer, encumber, manage, control, and hold all property subject to the receivership, including the proceeds thereof, in the manner directed or ratified by the court. (4) Avoid a transfer of any interest in any unlawfully obtained property including the proceeds thereof to any person who committed, aided or abetted, or participated in the commission of unlawful acts or who had knowledge that the property had been unlawfully obtained. (5) Avoid a transfer of any interest in any unlawfully obtained property including the proceeds thereof made with the intent to hinder or delay the recovery of that property or any interest in it by the receiver or any person from whom the property was unlawfully obtained. (6) Avoid a transfer of any interest in any unlawfully obtained property including the proceeds thereof that was made within one year before the date of the entry of the receivership order if less than a reasonably equivalent value was given in exchange for the transfer, except that a bona fide transferee for value and without notice that the property had been unlawfully obtained may retain the interest transferred until the value given in exchange for the transfer is returned to the transferee. (7) Avoid a transfer of any interest in any unlawfully obtained property including the proceeds thereof made within 90 days before the date of the entry of the receivership order to a transferee from whom the defendant unlawfully obtained some property if (A) the receiver establishes that the avoidance of the transfer will promote a fair pro rata distribution of restitution among all people from whom defendants unlawfully obtained property and (B) the transferee cannot establish that the specific property transferred was the same property which had been unlawfully obtained from the transferee. (8) Exercise any power authorized by statute or ordered by the court. (d) (1) All property in the possession, management, or control of the receiver is in the custody of the court. The court may order that the expenses of the receivership, including receiver’s fees, be paid from the property held by the receiver, but neither the state, the Attorney General, nor any state department, agency, or bureau shall be liable for any receivership expense, including receiver’s fees, unless otherwise expressly provided by written contract. (2) No person with actual or constructive notice of the receivership shall interfere with the discharge of the receiver’s duties. (3) No person may file any action or enforce or create any lien, or cause to be issued, served, or levied any summons, subpoena, attachment, or writ of execution against the receiver or any property subject to the receivership without first obtaining prior court approval upon motion with notice to the receiver and the Attorney General. Any legal procedure described herein commenced without prior court approval is void except as to a bona fide purchaser or encumbrancer for value and without notice of the receivership. No person without notice of the receivership shall incur any liability for commencing or maintaining any legal procedure described by this paragraph. (e) The court may appoint the Attorney General, with the Attorney General’s consent, to serve as receiver or as attorney for the receiver. (f) The court has jurisdiction of all questions arising in the receivership proceedings and may make any orders and judgments as may be required, including orders after noticed motion by the receiver to avoid transfers as provided in paragraphs (4), (5), (6), and (7) of subdivision (c). (g) If the court determines that the Attorney General has a reasonable probability of prevailing on the merits at trial in establishing that the defendant obtained real or personal property by unlawful means but that the appointment of a receiver is not requested or that the conditions for the appointment of a receiver described in subdivision (b) have not been shown, the court shall issue any necessary orders to assure that the defendant does not transfer or encumber any property which may be used to satisfy a judgment in the action. (h) This section is cumulative to all other provisions of law. (i) If any provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (j) This section does not provide for the appointment of a receiver in actions in which the appointment of a receiver is not otherwise authorized by law. (k) The recordation of a copy of the receivership order imparts constructive notice of the receivership in connection with any matter involving real property located in the county in which the receivership order is recorded. (Added by Stats. 1987, Ch. 445, Sec. 1.)
  149. 12527.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    Property obtained through deceptive or misleading statements or conduct is treated as constructive fraud for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12527.5. For purposes of this article, any property which is obtained in connection with any deceptive or misleading statements or conduct shall be deemed obtained through constructive fraud. (Added by renumbering Section 12528 (as added by Stats. 1987, Ch. 445) by Stats. 1989, Ch. 1360, Sec. 55.)
  150. 12527.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    This section lets a court award disgorgement in certain Attorney General consumer-protection cases and directs where recovered money goes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12527.6. (a) The court may, in an action brought by the Attorney General under the unfair competition laws (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code) or false advertising laws (Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code), and in addition to the remedies provided for in those statutes, award the remedy of disgorgement. (b) In determining whether to award disgorgement pursuant to subdivision (a), and the amount thereof, the court shall take into account, in addition to any other appropriate factors, the amount of civil penalties and restitution ordered by the court. (c) Funds recovered by the Attorney General under this section shall be deposited into the Victims of Consumer Fraud Restitution Fund. (d) The Victims of Consumer Fraud Restitution Fund is established in the State Treasury. Funds in the Victims of Consumer Fraud Restitution Fund may, upon appropriation by the Legislature, be used by the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code or Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code. If the Attorney General pays restitution from the Victims of Consumer Fraud Restitution Fund and then recovers restitution from a defendant in the underlying action or from another source, those recoveries may be used by the Attorney General to reimburse the Victims of Consumer Fraud Restitution Fund. (e) The Attorney General may promulgate regulations in furtherance of this section. (Added by Stats. 2023, Ch. 686, Sec. 1. (AB 1366) Effective January 1, 2024.)
  151. 12528.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    This section creates the Division of Medi-Cal Fraud and Elder Abuse and assigns it investigation, prosecution, referral, privacy, training, reporting, and information-sharing duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12528. (a) There is in the Office of the Attorney General the Division of Medi-Cal Fraud and Elder Abuse, which shall implement Sections 1903(a)(6), 1903(b)(3), and 1903(g) of the federal Social Security Act, as amended by the federal Medicare-Medicaid Anti-Fraud and Abuse Amendments (Public Law 95-142), and is authorized to conduct a statewide program for investigating and prosecuting, and referring for prosecution, violations of all applicable laws pertaining to fraud in the administration of the Medi-Cal program, the provision of medical assistance or medical supplies, or the activities of providers of medical assistance or medical suppliers under the Medi-Cal state plan. The investigation of fraud by beneficiaries of the Medi-Cal program shall be the responsibility of the Audits and Investigations Branch of the State Department of Health Care Services. (b) The division shall also review complaints alleging abuse or neglect of patients in health care facilities receiving payments under the Medi-Cal state plan, and may review complaints of the misappropriation of patient’s private funds in those facilities and complaints of discriminatory treatment of Medi-Cal beneficiaries by those facilities. (1) If the initial review indicates substantial potential for criminal prosecution, the division shall investigate the complaint or refer it to an appropriate criminal investigative or prosecutive authority. (2) If the initial review does not indicate a substantial potential for criminal prosecution, the division shall inform the referring agency of its determination and may, if appropriate, refer the complaint to the State Department of Health Care Services. (c) Local law enforcement and prosecution agencies shall have concurrent jurisdiction with the division to investigate and prosecute violations of law specified in this section. (d) If the division, in carrying out its duties and responsibilities under subdivisions (a) and (b), discovers that overpayments have been made to a health care facility or other provider of medical assistance or medical supplies under the Medi-Cal state plan, the division shall either attempt to collect the overpayment or refer the matter to the State Department of Health Care Services for collection. (e) Where a prosecuting authority other than the division elects to prosecute a case reported to the division, the division shall, upon request of that prosecuting authority, ensure that those responsible for the prosecutive decision and the preparation of the case for trial have the opportunity to participate in the investigation from its inception and shall provide all necessary assistance to the prosecuting authority throughout all resulting prosecutions. (f) The division shall make available to federal investigators or prosecutors all information in its possession concerning fraud in the provision or administration of medical assistance under the Medi-Cal state plan, and shall cooperate with officials in coordinating any federal and state investigations or prosecutions involving the same suspects or allegations. (g) The division shall safeguard the privacy rights of all individuals and shall provide safeguards to prevent the misuse of information under its control. Agencies that are required to report complaints alleging abuse or neglect of patients shall maintain the confidentiality of those reports until a time that the report becomes a matter of public record. (h) The division shall offer training programs to local law enforcement and prosecutorial personnel in investigating and prosecuting crimes against elders and dependent adults. The division shall offer training programs to the State Department of Health Care Services, the State Department of Social Services, the county adult protective services agencies, and the Long-Term Care Ombudsman in evaluating and documenting criminal abuse against elders and dependent adults. (i) The state Long-Term Care Ombudsman, the Licensing and Certification Division in the State Department of Health Care Services, and the Statistical Services Bureau in the State Department of Social Services shall report to the division all instances of abuse and neglect of elders and dependent adults, as defined in Section 15610 of the Welfare and Institutions Code, which come to their attention. (j) The division shall collect information on a statewide basis regarding cases of abuse and neglect of patients in health facilities receiving payments from the Medi-Cal program for the primary purpose of analyzing the information it collects and disseminating its conclusions to local law enforcement agencies and to regulatory and licensing authorities. (k) For purposes of this section, “division” means the Division of Medi-Cal Fraud and Elder Abuse in the Office of the Attorney General. (Amended by Stats. 2021, Ch. 554, Sec. 4. (SB 823) Effective January 1, 2022.)
  152. 12528.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    Certain Medi-Cal fraud investigators and auditors may inspect provider business locations; the department must train inspection leads, and the division must set inspection protocols.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12528.1. (a) An agent, investigator, or auditor of the Division of Medi-Cal Fraud and Elder Abuse within the office of the Attorney General shall have the authority to inspect, at any time, the business location of any Medi-Cal provider for the purpose of carrying out the duties of the division as set forth in Section 12528. For purposes of this subdivision, “provider” includes an applicant as defined in Section 14043.1 of the Welfare and Institutions Code and a billing agent, as defined in Section 14040.1 of the Welfare and Institutions Code. (b) The department shall provide all investigators and auditors assigned to lead a facility inspection team of a health facility licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code with basic training on the relevant statutes and regulations governing the types of facilities to be inspected. Unless it is impracticable, the training shall include a facility tour, unrelated to an actual inspection, to observe the operations of the type of facilities to be inspected. (c) The Division of Medi-Cal Fraud and Elder Abuse shall develop protocols to ensure that inspections conducted pursuant to this section are conducted during normal business hours and are completed in the least intrusive manner possible. (Amended by Stats. 2021, Ch. 554, Sec. 5. (SB 823) Effective January 1, 2022.)
  153. 12529.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    This section creates the Health Quality Enforcement Section in the Department of Justice and requires the Attorney General to appoint its senior assistant attorney general and ensure adequate staffing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12529. (a) There is in the Department of Justice the Health Quality Enforcement Section. The primary responsibility of the section is to investigate and prosecute proceedings against licensees and applicants within the jurisdiction of the Medical Board of California, the California Board of Podiatric Medicine, the Board of Psychology, the Physical Therapy Board of California, or any committee under the jurisdiction of the Medical Board of California. (b) The Attorney General shall appoint a Senior Assistant Attorney General of the Health Quality Enforcement Section. The Senior Assistant Attorney General of the Health Quality Enforcement Section shall be an attorney in good standing licensed to practice in the State of California, experienced in prosecutorial or administrative disciplinary proceedings and competent in the management and supervision of attorneys performing those functions. (c) The Attorney General shall ensure that the Health Quality Enforcement Section is staffed with a sufficient number of experienced and able employees that are capable of handling the most complex and varied types of disciplinary actions against the licensees of the boards. (d) Funding for the Health Quality Enforcement Section shall be budgeted in consultation with the Attorney General from the special funds financing the operations of the Medical Board of California, the California Board of Podiatric Medicine, the Board of Psychology, the Physical Therapy Board of California, and the committees under the jurisdiction of the Medical Board of California, with the intent that the expenses be proportionally shared as to services rendered. (Amended (as amended by Stats. 2012, Ch. 332, Sec. 112) by Stats. 2013, Ch. 515, Sec. 30. (SB 304) Effective January 1, 2014.)
  154. 12529.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    Certain licensee complaints must be shared with the Health Quality Enforcement Section, and the Senior Assistant Attorney General must assign attorneys, help with training, and support complaint processing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12529.5. (a) All complaints or relevant information concerning licensees that are within the jurisdiction of the Medical Board of California, the California Board of Podiatric Medicine, the Board of Psychology, or the Physical Therapy Board of California shall be made available to the Health Quality Enforcement Section. (b) The Senior Assistant Attorney General of the Health Quality Enforcement Section shall assign attorneys to work on location at the intake unit of the boards described in subdivision (a) to assist in evaluating and screening complaints and to assist in developing uniform standards and procedures for processing complaints. (c) The Senior Assistant Attorney General or the Senior Assistant Attorney General’s deputy attorneys general shall assist the boards in designing and providing initial and in-service training programs for staff of the boards, including, but not limited to, information collection and investigation. (d) The determination to bring a disciplinary proceeding against a licensee of the boards shall be made by the executive officer of the boards as appropriate in consultation with the senior assistant. (Amended by Stats. 2021, Ch. 50, Sec. 99. (AB 378) Effective January 1, 2022.)
  155. 12529.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Medical Board of California must report and make recommendations to the Governor and the Legislature by March 1, 2016.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12529.7. By March 1, 2016, the Medical Board of California, in consultation with the Department of Justice and the Department of Consumer Affairs, shall report and make recommendations to the Governor and the Legislature on the vertical enforcement and prosecution model created under Section 12529.6. (Amended by Stats. 2015, Ch. 287, Sec. 2. (SB 396) Effective January 1, 2016.)
  156. 12530.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    A special fund is created in the State Treasury and is administered by the Department of Justice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12530. The Public Rights Law Enforcement Special Fund is hereby established in the State Treasury, to be administered by the Department of Justice. Moneys in the fund, upon appropriation by the Legislature, shall be used by the Attorney General to support the investigation and prosecution of any matter within the authority of the Department of Justice’s Public Rights Division. (Added by Stats. 2003, Ch. 159, Sec. 5. Effective August 2, 2003.)
  157. 12530.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    This section creates a Labor Trafficking Unit in the Department of Justice and requires it to receive, refer, coordinate on, and report about labor trafficking matters.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12530.5. (a) For purposes of this section, the following definitions apply: (1) “Forced labor or services” means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, coercion, or equivalent conduct that would reasonably overbear the will of the person. (2) “Labor trafficking” means depriving or violating the personal liberty of another person with the intent to obtain forced labor or services. (3) “Unit” means the Labor Trafficking Unit established within the Department of Justice. (b) There is hereby established within the Department of Justice the Labor Trafficking Unit. (c) The unit shall receive labor trafficking reports or complaints from law enforcement agencies and other governmental entities and refer the reports or complaints to appropriate agencies for investigation, prosecution, or other remedies. (d) The unit shall coordinate with the Department of Industrial Relations, the Civil Rights Department, the Employment Development Department, the State Department of Health Care Services, the State Department of Social Services, the Department of Food and Agriculture, and the Department of Fish and Wildlife. (e) (1) The unit may coordinate with other relevant state agencies under whose jurisdiction labor trafficking may occur, state and local law enforcement agencies, tribal law enforcement agencies, and district attorneys’ offices. (2) The unit shall make efforts to ensure that local, state, and tribal entities use a victim-centered approach when receiving and processing victim reports or complaints of labor trafficking and when reporting suspected labor trafficking to the unit. (f) The unit shall follow a victim-centered approach when processing labor trafficking reports or complaints and shall ensure that victims are informed of the services and options available to them. The unit may coordinate with local, state, and tribal entities to connect victims to available services. (g) (1) The Department of Industrial Relations and the Civil Rights Department shall collaborate with the unit to develop policies, procedures, and protocols to track, record, and report potential labor trafficking activity to the unit. (2) On a quarterly basis, the Department of Industrial Relations and the Civil Rights Department shall report the information described in paragraph (1) of subdivision (h) to the unit. (3) The Department of Industrial Relations and the Civil Rights Department shall report suspected labor trafficking to the unit immediately when, upon investigating business under their purview, they suspect labor trafficking is occurring or has occurred. (4) The unit shall develop a tracking and reporting system to collect labor trafficking reports and complaints. These reports and complaints shall be aggregated and analyzed to identify potential labor trafficking reports and complaints to be further investigated by the Department of Justice or referred to the appropriate federal, state, or local law enforcement agency, tribal law enforcement agency, or district attorney’s office for civil action, criminal prosecution, or other remedy. (h) (1) On or before April 1, 2027, and on or before April 1 every year thereafter, the unit shall submit a report to the Legislature that includes the following information pertaining to the prior calendar year: (A) The number and types of reports or complaints received, including the date the reports or complaints were received by the reporting agency and the date they were referred to the Department of Justice. (B) The number and types of reports or complaints investigated by the Department of Justice. (C) The number and types of referrals by the Department of Justice to law enforcement agencies pursuant to subdivision (c). (D) Descriptive statistics of demographic characteristics about labor trafficking victims correlated with the industry where the trafficking occurred. (E) Descriptive statistics of demographic characteristics about labor trafficking victims who were referred for services or support correlated with the names of the agencies where those labor trafficking victims were referred for services or support and the type of services and support available at those agencies if known at the time of referral. (F) Descriptive statistics of demographic characteristics about persons accused of labor trafficking correlated with the industry where the trafficking occurred. (2) The unit shall also include in each annual report a discussion of the major challenges to addressing labor trafficking reports and the ongoing efforts to address those challenges. (3) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (4) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2036. (i) (1) The operation of this section is contingent upon adequate appropriation by the Legislature in the annual Budget Act or another statute for the purposes of this section. (2) If the Legislature does not appropriate adequate funding by January 1, 2030: (A) This section shall be repealed unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date. (B) The Department of Justice shall file with the Secretary of State by January 1, 2030, the department’s determination that the Legislature has not appropriated adequate funding. (Amended by Stats. 2025, Ch. 67, Sec. 87. (AB 1170) Effective January 1, 2026. Conditionally operative as prescribed by its own provisions. Conditionally repealed on January 1, 2030, by its own provisions.)
  158. 12531.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    Creates the National Mortgage Special Deposit Fund and directs how settlement money must be deposited and allocated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12531. (a) The Legislature finds and declares that California, represented by the California Attorney General, entered a national multistate settlement with the country’s five largest loan servicers. This agreement, the National Mortgage Settlement stemmed from successful resolution of federal court action (Consent Judgment, United States v. Bank of America (No. 1:12-cv-00361, Banzr. D.C. Apr. 4, 2012)). The National Mortgage Settlement is broad ranging, with California’s share of this settlement estimated to be up to eighteen billion dollars ($18,000,000,000). Of this amount, approximately four hundred ten million dollars ($410,000,000) will come directly to the state in costs, fees, and penalty payments. (b) There is hereby created in the State Treasury the National Mortgage Special Deposit Fund. Notwithstanding Section 13340, all moneys in the fund are hereby continuously appropriated, and shall be allocated by the Department of Finance. (c) Direct payments made to the State of California as civil penalties pursuant to the National Mortgage Settlement shall be deposited in the Unfair Competition Law Fund as required by the settlement. (d) Direct payments made to the State of California pursuant to the National Mortgage Settlement, except for those payments made pursuant to subdivision (c), shall be deposited in the National Mortgage Special Deposit Fund. (e) (1) The funds in the National Mortgage Special Deposit Fund shall be allocated as follows: (A) Three hundred million dollars ($300,000,000) to be administered by the California Housing Finance Agency for all of the following purposes: (i) Providing housing counseling services that are certified by the federal Department of Housing and Urban Development to homeowners, former homeowners, or renters. (ii) Providing legal services for home ownership preservation, including, but not limited to, foreclosure prevention. (iii) (I) Providing mortgage assistance to qualified California households. (II) Mortgage assistance to borrowers who own residential properties with four or fewer units who face foreclosure are eligible under this clause. (B) Thirty-one million dollars ($31,000,000) to the Judicial Council for distribution through the State Bar to qualified legal services projects and support centers to provide eviction defense or other tenant defense assistance in landlord-tenant disputes, including preeviction and eviction legal services, counseling, advice and consultation, mediation, training, renter education, and representation, and legal services to improve habitability, increase affordable housing, ensure receipt of eligible income or benefits to improve housing stability, and prevent homelessness. These funds shall be allocated as follows: (i) Seventy-five percent shall be distributed to qualified legal services projects and support centers that currently provide eviction defense or other tenant defense assistance in landlord-tenant disputes as set forth in this subparagraph. (I) To receive funds, a program shall be eligible for 2020 Interest on Lawyer Trust Fund Account (IOLTA) funding. Each eligible program shall receive a percentage equal to that legal services project’s 2020 IOLTA allocation divided by the total 2020 IOLTA allocation for all legal services projects eligible for the funding. (II) To ensure meaningful funding, a minimum amount of fifty thousand dollars ($50,000) shall be allocated to an eligible program unless the program requests a lesser amount, in which case any funds that would have otherwise been allocated to the program shall be distributed proportionally to the other qualified legal services projects. (III) These funds shall be distributed as soon as practicable and shall not supplant existing resources. (ii) Twenty-five percent shall be allocated through a competitive grant process developed by the Legal Services Trust Fund Commission of the State Bar to award grants to qualified legal service projects and support centers. (I) The grant process shall ensure that a qualified legal service project or support center to receive funding demonstrate that funds received will be not used to supplant existing resources and will be used to provide services to tenants not otherwise served by that qualified legal service project or support center. (II) The commission shall determine grant awards, and preference shall be given to qualified legal aid agencies that serve rural or underserved communities that serve clients regardless of immigration or citizenship status. (III) Any funds not allocated pursuant to this competitive grant process shall be distributed pursuant to clause (i). (2) No more than 5 percent of the allocations in subparagraphs (A) and (B) of paragraph (1) shall be spent for the administration of those services. (f) Notwithstanding any other law, the Controller may use the funds in the National Mortgage Special Deposit Fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381. (Amended by Stats. 2025, Ch. 22, Sec. 6. (AB 130) Effective June 30, 2025.)
  159. 12532.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Attorney General or designee must review certain locked detention facilities, with DOJ controlling the review order and number, and must report findings to the Legislature and Governor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12532. (a) Until July 1, 2027, the Attorney General, or the Attorney General’s designee, shall engage in reviews of county, local, or private locked detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in California, including any county, local, or private locked detention facility in which an accompanied or unaccompanied minor is housed or detained on behalf of, or pursuant to a contract with, the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement. The order and number of facilities to be reviewed shall be determined by the Department of Justice. The Attorney General, or the Attorney General’s designee, shall have authority over which facilities may be reviewed and when. The Department of Justice shall provide, during the budget process, updates and information to the Legislature and the Governor, including a written summary of findings, if appropriate, regarding the progress of these reviews and any relevant findings. (b) The Attorney General, or the Attorney General’s designee, shall, on or before March 1, 2019, conduct a review of county, local, or private locked detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in California, including any county, local, or private locked detention facility in which an accompanied or unaccompanied minor is housed or detained on behalf of, or pursuant to a contract with, the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement. The order and number of facilities to be reviewed shall be determined by the Department of Justice. (1) This review shall include, but not be limited to, the following: (A) A review of the conditions of confinement. (B) A review of the standard of care and due process provided to the individuals described in subdivision (a). (C) A review of the circumstances around their apprehension and transfer to the facility. (2) The Attorney General, or the Attorney General’s designee, shall provide, on or before March 1, 2019, the Legislature and the Governor with a comprehensive report outlining the findings of the review described in this subdivision, which shall be posted on the Attorney General’s internet website and otherwise made available to the public upon its release to the Legislature and the Governor. The Department of Justice shall provide, during the budget process, updates and information to the Legislature and the Governor, including a written summary of findings, if appropriate, regarding the progress of the review described in this subdivision and any relevant findings. (c) The Attorney General, or the Attorney General’s designee, shall be provided all necessary access for the observations necessary to effectuate reviews required pursuant to this section, including, but not limited to, access to detainees, officials, personnel, and records. (d) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed. (Amended by Stats. 2021, Ch. 50, Sec. 100. (AB 378) Effective January 1, 2022. Inoperative July 1, 2027. Repealed as of January 1, 2028, by its own provisions.)
  160. 12532.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Attorney General must publish immigration-related model policies and database guidance by July 1, 2026, and state or local agencies must implement the model or an equivalent policy by January 1, 2027.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12532.5. (a) (1) On or before July 1, 2026, in consultation with appropriate stakeholders, the Attorney General shall publish model policies for state and local agencies relating to interaction with immigration authorities consistent with federal and state law. (2) On or before January 1, 2027, a state or local agency shall implement the model policy or an equivalent policy. (b) On or before July 1, 2026, in consultation with appropriate stakeholders, the Attorney General shall publish guidance, audit criteria, and training recommendations for databases operated by a state or local agency, including databases maintained for the agency by private vendors, aimed at ensuring that the databases are governed in a manner that makes the availability of information therein to anyone or any entity for the purposes of immigration enforcement limited to the fullest extent practicable, consistent with federal and state law. (c) A rule, policy, or standard of general application issued by the Attorney General pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1. (Added by Stats. 2025, Ch. 670, Sec. 1. (SB 580) Effective January 1, 2026.)
  161. 12533.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Attorney General may accept an assurance of voluntary compliance instead of a stipulated judgment to resolve an action, and the court must approve filed assurances before they are enforceable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12533. (a) The Attorney General may accept an assurance of voluntary compliance, in lieu of a stipulated judgment, to resolve an action brought in the name of the people of the State of California. (b) An assurance of voluntary compliance accepted by the Attorney General shall be filed with and subject to approval by the court. (c) An assurance of voluntary compliance filed with and approved by the court shall be enforceable in the same manner, with the same remedies, and to the same extent, as a stipulated judgment and permanent injunction. (Added by Stats. 2019, Ch. 97, Sec. 1. (AB 669) Effective January 1, 2020.)
  162. 12534.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    This section creates the Opioid Settlements Fund and directs specified settlement-related money into it. It also assigns the State Department of Health Care Services to administer and oversee the fund, and lets it use notices and contracts to carry out funded activities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12534. (a) The Opioid Settlements Fund is hereby created in the State Treasury. (b) Upon order of the Director of Finance, the Controller shall transfer funds received in the Litigation Deposits Fund from the settlement of People v. McKinsey & Company, Inc. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021) to the Opioid Settlements Fund. Funds received from this settlement that are not deposited in the Litigation Deposits Fund shall be deposited into the Opioid Settlements Fund. (c) Upon order of the Director of Finance, the Controller shall transfer funds received in the Litigation Deposits Fund allocated to the state for state opioid remediation from the 2022 opioid settlements with Johnson & Johnson, Janssen Pharmaceuticals, McKesson, Cardinal Health, AmerisourceBergen, and Mallinckrodt Pharmaceuticals to the Opioid Settlements Fund. (d) Upon order of the Director of Finance, the Controller shall transfer funds received in the Litigation Deposits Fund allocated to the state for state opioid remediation from the 2023 opioid settlements with manufacturers Teva Pharmaceutical Industries Ltd. and Allergan, and pharmacies CVS, Walgreens, and Walmart to the Opioid Settlements Fund. (e) Upon order of the Director of Finance, the Controller shall transfer funds received in the Litigation Deposits Fund allocated to the state for state opioid remediation from any future judgments, bankruptcies, or settlements pursuant to future Budget Act appropriation to the Opioid Settlements Fund. (f) Funds received from the settlements outlined in this section or any future judgments, bankruptcies, or settlements allocated to the state for state opioid remediation that are not deposited in the Litigation Deposits Fund shall be deposited in the Opioid Settlements Fund. (g) Upon appropriation by the Legislature, moneys in the Opioid Settlements Fund shall be used for opioid remediation in accordance with the terms of the judgment or settlement from which the funds were received. (h) The State Department of Health Care Services shall administer the Opioid Settlements Fund and shall oversee those activities funded by the Opioid Settlements Fund. This shall include, but not be limited to, designating additional high-impact abatement activities, conducting related stakeholder engagement, monitoring the California participating subdivisions for compliance, and preparing periodic written reports. (i) Under the terms of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds executed pursuant to the 2022 opioid settlements, any settlement funds received by a California participating subdivision that are not expended or encumbered within the time period specified in the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds shall be transferred to the state. These transferred funds shall be deposited into the Opioid Settlements Fund. (j) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1, the State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of information notices or other similar instructions, without taking further regulatory action. (k) The State Department of Health Care Services may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis for purposes of implementing those activities funded by the Opioid Settlements Fund. Contracts entered into or amended pursuant to this section are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5, Section 19130, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, the State Administrative Manual, and the State Contracting Manual, and are exempt from the review or approval of any division of the Department of General Services. (l) For purposes of this section, ”California participating subdivision” means a city, county, or political subdivision participating in the 2022 settlement agreements listed in subdivision (c) that is either identified as a Plaintiff Subdivision, or identified as a Primary Subdivision with a population equal to or greater than 10,000 residents. (Amended by Stats. 2023, Ch. 42, Sec. 2. (AB 118) Effective July 10, 2023.)
  163. 12536.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The Department of Public Health must administer the Electronic Cigarette Settlements Fund, and the Controller must transfer certain settlement funds into it when ordered by the Department of Finance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Powers and Duties [12510 - 12536] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 12536. (a) The Electronic Cigarette Settlements Fund is hereby created in the State Treasury. (b) The State Department of Public Health shall administer the Electronic Cigarette Settlements Fund. (c) Upon order of the Department of Finance, the Controller shall transfer funds received in the Litigation Deposits Fund payable to the Department of Justice from the settlement of People of the State of California v. JUUL Labs Inc., et al. (Alameda County Superior Court, No. RG19043543, April 17, 2023) that are allocated for People v. JUUL Labs, Inc. E-Cigarette Programs to the Electronic Cigarette Settlements Fund. (d) Upon appropriation by the Legislature, moneys from the Electronic Cigarette Settlements Fund shall be used for activities in accordance with the terms of the People of the State of California v. JUUL Labs, Inc., et al. settlement and the Department of Justice’s Notices re: State of California JUUL Settlement Funding dated November 13, 2023. (e) This section shall remain operative only until July 1, 2035, and as of January 1, 2036, is repealed. (Added by Stats. 2024, Ch. 40, Sec. 2. (SB 159) Effective June 29, 2024. Inoperative July 1, 2035, by its own provisions. Repealed as of January 1, 2036, by its own provisions.)
  164. 12540.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Escheated Property [12540 - 12544] ( Article 3 added by Stats. 1945, Ch. 111. )

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    The Attorney General must investigate property that may belong to the state by escheat and may compel people to answer and provide accounts, and examine corporate books and papers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Escheated Property [12540 - 12544] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 12540. The Attorney General shall institute investigations for the discovery of all real and personal property to which the state may be entitled by escheat. For that purpose the Attorney General may cite any person before any superior court of this state to answer investigations and render accounts concerning that property, and the Attorney General may examine all books and papers of any corporation. (Amended by Stats. 2021, Ch. 50, Sec. 101. (AB 378) Effective January 1, 2022.)
  165. 12541.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Escheated Property [12540 - 12544] ( Article 3 added by Stats. 1945, Ch. 111. )

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    The Attorney General must bring and prosecute actions for the State to have escheated real or personal property declared vested in the State.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Escheated Property [12540 - 12544] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 12541. The Attorney General shall commence and prosecute actions on behalf of the State pursuant to Title 10, Part 3, of the Code of Civil Procedure, for the purpose of having it adjudged that title to real or personal property, to which the State has become entitled by escheat, is vested in the State. (Amended by Stats. 1959, Ch. 597.)
  166. 12542.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Escheated Property [12540 - 12544] ( Article 3 added by Stats. 1945, Ch. 111. )

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    The Attorney General may hire counsel to act in the Attorney General’s place for investigating, discovering, and recovering property.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Escheated Property [12540 - 12544] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 12542. The Attorney General may employ counsel to act in the Attorney General’s place and stead for the investigation for discovery and the recovery of any such property. In those proceedings counsel so employed have the authority of the Attorney General. (Amended by Stats. 2021, Ch. 50, Sec. 102. (AB 378) Effective January 1, 2022.)
  167. 12543.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Escheated Property [12540 - 12544] ( Article 3 added by Stats. 1945, Ch. 111. )

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    The Department of General Services determines counsel compensation, and the Attorney General may pay counsel up to 10% of the sums actually received from escheated and recovered property.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Escheated Property [12540 - 12544] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 12543. The compensation for services of such counsel shall be determined by the Department of General Services and paid only out of the sums found to be escheated and recovered to the state. The Attorney General may pay to such counsel a sum not in excess of 10 percent of the sums actually received, and the balance shall be paid into the estates of Deceased Persons Fund. (Amended by Stats. 1965, Ch. 371.)
  168. 12544.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Escheated Property [12540 - 12544] ( Article 3 added by Stats. 1945, Ch. 111. )

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    If the Attorney General’s staff prosecutes an escheat case, the Attorney General must claim the prosecution costs from the Controller, and those costs cannot exceed 10% of the amount escheated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Escheated Property [12540 - 12544] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 12544. If an escheat proceeding is prosecuted by the staff of the Attorney General’s office, the Attorney General shall recover, by presenting a claim to the Controller, all costs and charges of commencing and prosecuting the suit, from the funds so escheated. Those claims shall be paid from the Abandoned Property Account in the Unclaimed Property Fund and credited to and in augmentation of any support appropriation of the Attorney General. The costs and charges may not in any case exceed 10 per cent of the sum or sums actually escheated to the State in those suits. (Amended by Stats. 2000, Ch. 626, Sec. 3. Effective January 1, 2001.)
  169. 12550.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Supervision of District Attorneys [12550 - 12553] ( Article 4 added by Stats. 1945, Ch. 111. )

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    The Attorney General supervises district attorneys, may demand written reports, must assist district attorneys in certain circumstances, and may take charge of some investigations or prosecutions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Supervision of District Attorneys [12550 - 12553] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12550. The Attorney General has direct supervision over the district attorneys of the several counties of the state and may require of them written reports as to the condition of public business entrusted to their charge. When the Attorney General deems it advisable or necessary in the public interest, or when directed to do so by the Governor, the Attorney General shall assist any district attorney in the discharge of the district attorney’s duties, and may, if deemed necessary, take full charge of any investigation or prosecution of violations of law of which the superior court has jurisdiction. In this respect the Attorney General has all the powers of a district attorney, including the power to issue or cause to be issued subpoenas or other process. (Amended by Stats. 2021, Ch. 50, Sec. 103. (AB 378) Effective January 1, 2022.)
  170. 12552.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Supervision of District Attorneys [12550 - 12553] ( Article 4 added by Stats. 1945, Ch. 111. )

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    The Attorney General’s grand jury powers and duties are set out in the Penal Code, and the Attorney General may also file informations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Supervision of District Attorneys [12550 - 12553] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12552. The powers and duties of the Attorney General with respect to grand juries are prescribed in Sections 913 and 923 of the Penal Code. The Attorney General may also file informations. (Amended by Stats. 1959, Ch. 501.)
  171. 12553.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Supervision of District Attorneys [12550 - 12553] ( Article 4 added by Stats. 1945, Ch. 111. )

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    If a district attorney is disqualified from a criminal prosecution in the county, the Attorney General may hire special counsel to handle it, and the fee is charged to the State.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 4. Supervision of District Attorneys [12550 - 12553] ( Article 4 added by Stats. 1945, Ch. 111. ) ## 12553. If a district attorney is disqualified to conduct any criminal prosecution within the county, the Attorney General may employ special counsel to conduct the prosecution. The attorney’s fee in such case is a legal charge against the State. (Added by Stats. 1945, Ch. 111.)
  172. 12560.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Supervision of Sheriffs [12560 - 12561] ( Article 5 added by Stats. 1945, Ch. 111. )

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    The Attorney General directly supervises county sheriffs and can require written crime-related reports from them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Supervision of Sheriffs [12560 - 12561] ( Article 5 added by Stats. 1945, Ch. 111. ) ## 12560. The Attorney General has direct supervision over the sheriffs of the several counties of the state, and may require of them written reports concerning the investigation, detection, and punishment of crime in their respective jurisdictions. Whenever the Attorney General deems it necessary in the public interest the Attorney General shall direct the activities of any sheriff relative to the investigation or detection of crime within the jurisdiction of the sheriff, and may direct the service of subpoenas, warrants of arrest, or other processes of court in connection therewith. (Amended by Stats. 2021, Ch. 50, Sec. 104. (AB 378) Effective January 1, 2022.)
  173. 12561.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Supervision of Sheriffs [12560 - 12561] ( Article 5 added by Stats. 1945, Ch. 111. )

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    The Attorney General may appoint a competent person to act as sheriff for a specific crime investigation and to cause arrests related to it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Supervision of Sheriffs [12560 - 12561] ( Article 5 added by Stats. 1945, Ch. 111. ) ## 12561. Whenever the Attorney General deems it necessary in the public interest, the Attorney General may appoint some competent person to perform the duties of sheriff with respect to the investigation or detection of a particular crime and cause the arrest of persons in connection therewith. Any person so appointed has all the powers of a sheriff with respect to the particular matter. (Amended by Stats. 2021, Ch. 50, Sec. 105. (AB 378) Effective January 1, 2022.)
  174. 12570.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 6. Special Agents and Investigators [12570 - 12574] ( Article 6 added by Stats. 1945, Ch. 111. )

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    The Attorney General may appoint and set pay for up to 10 special agents or investigators, who may be hired by the month or by the day.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 6. Special Agents and Investigators [12570 - 12574] ( Article 6 added by Stats. 1945, Ch. 111. ) ## 12570. For the purpose of enabling the Attorney General to perform the duties imposed by Section 13 of Article V of the Constitution the Attorney General may appoint and fix the compensation of special agents and investigators not exceeding 10 in number as deemed necessary. The Attorney General shall not be required to divulge their identities. They may be employed either on a monthly basis or by the day. Each special agent or investigator shall take an oath of office, the record of which shall be kept in the private files of the Attorney General. (Amended by Stats. 2021, Ch. 50, Sec. 106. (AB 378) Effective January 1, 2022.)
  175. 12571.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 6. Special Agents and Investigators [12570 - 12574] ( Article 6 added by Stats. 1945, Ch. 111. )

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    Special agents or investigators are peace officers of the State when they serve under the Attorney General’s direction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 6. Special Agents and Investigators [12570 - 12574] ( Article 6 added by Stats. 1945, Ch. 111. ) ## 12571. When serving under the direction of the Attorney General each special agent or investigator is a peace officer of this State. (Added by Stats. 1945, Ch. 111.)
  176. 12572.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 6. Special Agents and Investigators [12570 - 12574] ( Article 6 added by Stats. 1945, Ch. 111. )

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    The Attorney General may submit compensation and expense claims in their own name when keeping a special agent’s or investigator’s identity secret is advisable, and those claims are exempt from Section 925.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 6. Special Agents and Investigators [12570 - 12574] ( Article 6 added by Stats. 1945, Ch. 111. ) ## 12572. Whenever the Attorney General deems it advisable to keep secret the identity of any special agent or investigator, claims for compensation and expenses of the special agent or investigator may be presented by the Attorney General in the Attorney General’s own name with the statement that the charges have been incurred under this article. When so presented the claims shall be paid out of any fund in the State Treasury allocated for the use of the Attorney General. Such claims are exempt from Section 925.6. (Amended by Stats. 2021, Ch. 50, Sec. 107. (AB 378) Effective January 1, 2022.)
  177. 12573.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 6. Special Agents and Investigators [12570 - 12574] ( Article 6 added by Stats. 1945, Ch. 111. )

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    The Attorney General must file voucher support with the Controller after each secret investigation and no later than one year after payment of the claim. The Controller must not disclose information from those vouchers, unless a court of record orders disclosure in relevant and material evidence cases or the Legislature orders it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 6. Special Agents and Investigators [12570 - 12574] ( Article 6 added by Stats. 1945, Ch. 111. ) ## 12573. Upon the completion of each secret investigation and, in any event, within not more than one year after the payment of any claim, the Attorney General shall file with the Controller vouchers in support of the claim. The Controller shall not divulge any information conveyed by the vouchers, except upon order of a court of record in cases where the information is relevant and material evidence or upon order of the Legislature. (Added by Stats. 1945, Ch. 111.)
  178. 12574.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 6. Special Agents and Investigators [12570 - 12574] ( Article 6 added by Stats. 1945, Ch. 111. )

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    The Attorney General may hire up to 10 additional special agents and investigators, and those positions are exempt from civil service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 6. Special Agents and Investigators [12570 - 12574] ( Article 6 added by Stats. 1945, Ch. 111. ) ## 12574. The Attorney General may employ additional special agents and investigators not exceeding 10 in number, to enable the Attorney General to carry out the Attorney General’s duties relative to sabotage and subversive activities. The special agents and investigators are exempt from civil service. (Amended by Stats. 2021, Ch. 50, Sec. 108. (AB 378) Effective January 1, 2022.)
  179. 12580.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    This section says the article may be cited as the Supervision of Trustees and Fundraisers for Charitable Purposes Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12580. This article may be cited as the Supervision of Trustees and Fundraisers for Charitable Purposes Act. (Amended by Stats. 1998, Ch. 445, Sec. 2. Effective January 1, 1999.)
  180. 12581.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    This section says who the article covers, who it does not cover, and that it becomes operative on January 1, 2023.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12581. This article applies to all charitable corporations, unincorporated associations, trustees, and other legal entities holding property for charitable purposes, commercial fundraisers for charitable purposes, fundraising counsel for charitable purposes, commercial coventurers, charitable fundraising platforms, and platform charities over which the state or the Attorney General has enforcement or supervisory powers. This article shall not apply to any committee as defined in Section 82013 that is required to and does file any statement pursuant to Article 2 (commencing with Section 84200) of Chapter 4 of Title 9. This section shall become operative on January 1, 2023. (Repealed (in Sec. 1) and added by Stats. 2021, Ch. 616, Sec. 2. (AB 488) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
  181. 12581.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    This section defines “solicitation” or “soliciting” for charitable purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12581.2. As used in this article, “solicitation” or “soliciting” for charitable purposes means any request, plea, entreaty, demand, or invitation, or attempt thereof, to give money or property, in connection with which any of the following applies: (a) Any appeal is made for charitable purposes. (b) The name of any charity, philanthropic or charitable organization, is used or referred to in any such appeal as an inducement for making any such gift. (c) Any statement is made to the effect that the gift or any part thereof will go to or be used for any charitable purpose or organization. (d) The name of any organization of law enforcement personnel, firefighters or other persons who protect the public safety is used or referred to as an inducement for transferring any money or property, unless the only expressed or implied purpose of the solicitation is for the sole benefit of the actual active membership of the organization. (Added by Stats. 1998, Ch. 445, Sec. 4. Effective January 1, 1999.)
  182. 12582.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

    Verify source ↗

    This section defines “trustee” for charitable trust purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12582. “Trustee” means (a) any individual, group of individuals, corporation, unincorporated association, or other legal entity holding property in trust pursuant to any charitable trust, (b) any corporation or unincorporated association which has accepted property to be used for a particular charitable purpose as distinguished from the general purposes of the corporation or unincorporated association, and (c) a corporation or unincorporated association formed for the administration of a charitable trust, pursuant to the directions of the settlor or at the instance of the trustee. (Amended by Stats. 2004, Ch. 919, Sec. 3. Effective January 1, 2005.)
  183. 12582.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    This section defines “charitable corporation” for purposes of the article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12582.1. “Charitable corporation” means any nonprofit corporation organized under the laws of this State for charitable or eleemosynary purposes and any similar foreign corporation doing business or holding property in this State for such purposes. (Added by Stats. 1959, Ch. 1258.)
  184. 12583.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    This section says the article’s filing, registration, and reporting rules do not apply to certain listed government entities, religious organizations, cemetery corporations, some committees, and certain charitable or health care entities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12583. The filing, registration, and reporting provisions of this article do not apply to the United States, any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or to any of their agencies or governmental subdivisions, to any religious corporation sole or other religious corporation or organization that holds property for religious purposes, or to any officer, director, or trustee thereof who holds property for like purposes, to a cemetery corporation regulated under Chapter 12 (commencing with Section 7600) of Division 3 of the Business and Professions Code, or to any committee as defined in Section 82013 that is required to and does file any statement pursuant to Article 2 (commencing with Section 84200) of Chapter 4 of Title 9, or to a charitable corporation or unincorporated association organized and operated primarily as a religious organization, educational institution, hospital, or a health care service plan licensed pursuant to Section 1349 of the Health and Safety Code. (Amended by Stats. 2018, Ch. 92, Sec. 96. (SB 1289) Effective January 1, 2019.)
  185. 12584.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    The Attorney General must maintain a register of certain charitable entities and related trusts, and may investigate as needed to do so.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12584. The Attorney General shall establish and maintain a register of charitable corporations, unincorporated associations, and trustees subject to this article and of the particular trust or other relationship under which they hold property for charitable purposes and, to that end, may conduct whatever investigation is necessary, and shall obtain from public records, court officers, taxing authorities, trustees, and other sources, whatever information, copies of instruments, reports, and records are needed for the establishment and maintenance of the register. (Amended by Stats. 2004, Ch. 919, Sec. 5. Effective January 1, 2005.)
  186. 12585.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    Certain charitable corporations, unincorporated associations, and trustees must file an initial registration form with the Attorney General within 30 days after first receiving property, unless a trustee’s charitable interest is still only a future interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12585. (a) Every charitable corporation, unincorporated association, and trustee subject to this article shall file with the Attorney General an initial registration form, under oath, setting forth information and attaching documents prescribed in accordance with rules and regulations of the Attorney General, within 30 days after the corporation, unincorporated association, or trustee initially receives property. A trustee is not required to register as long as the charitable interest in a trust is a future interest, but shall do so within 30 days after any charitable interest in a trust becomes a present interest. (b) The Attorney General shall adopt rules and regulations as to the contents of the initial registration form and the manner of executing and filing that document or documents. (Amended by Stats. 2006, Ch. 567, Sec. 18. Effective January 1, 2007.)
  187. 12586.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    Charitable corporations, associations, and trustees covered by this section must file periodic sworn reports with the Attorney General, and larger charities must also prepare audited annual financial statements and follow audit-committee and compensation-review rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12586. (a) Except as otherwise provided and except corporate trustees which are subject to the jurisdiction of the Commissioner of Financial Institutions of the State of California under Division 1 (commencing with Section 99) of the Financial Code or to the Comptroller of the Currency of the United States, every charitable corporation, unincorporated association, and trustee subject to this article shall, in addition to filing copies of the instruments previously required, file with the Attorney General periodic written reports, under oath, setting forth information as to the nature of the assets held for charitable purposes and the administration thereof by the corporation, unincorporated association, or trustee, in accordance with rules and regulations of the Attorney General. (b) The Attorney General shall make rules and regulations as to the time for filing reports, the contents thereof, and the manner of executing and filing them. The Attorney General may classify trusts and other relationships concerning property held for a charitable purpose as to purpose, nature of assets, duration of the trust or other relationship, amount of assets, amounts to be devoted to charitable purposes, nature of trustee, or otherwise, and may establish different rules for the different classes as to time and nature of the reports required to the ends (1) that the Attorney General shall receive reasonably current, periodic reports as to all charitable trusts or other relationships of a similar nature, which will enable the Attorney General to ascertain whether they are being properly administered, and (2) that periodic reports shall not unreasonably add to the expense of the administration of charitable trusts and similar relationships. The Attorney General may suspend the filing of reports as to a particular charitable trust or relationship for a reasonable, specifically designated time upon written application of the trustee filed with the Attorney General and after the Attorney General has filed in the register of charitable trusts a written statement that the interests of the beneficiaries will not be prejudiced thereby and that periodic reports are not required for proper supervision by the Attorney General’s office. (c) A copy of an account filed by the trustee in any court having jurisdiction of the trust or other relationship, if the account substantially complies with the rules and regulations of the Attorney General, may be filed as a report required by this section. (d) The first periodic written report, unless the filing thereof is suspended as herein provided, shall be filed not later than four months and 15 days following the close of the first calendar or fiscal year in which property is initially received. If any part of the income or principal of a trust previously established is authorized or required to be applied to a charitable purpose at the time this article takes effect, the first report shall be filed at the close of the calendar or fiscal year in which it was registered with the Attorney General or not later than four months and 15 days following the close of the calendar or fiscal period. (e) Every charitable corporation, unincorporated association, and trustee required to file reports with the Attorney General pursuant to this section that receives or accrues in any fiscal year gross revenue of two million dollars ($2,000,000) or more, exclusive of grants from, and contracts for services with, governmental entities for which the governmental entity requires an accounting of the funds received, shall do the following: (1) Prepare annual financial statements using generally accepted accounting principles that are audited by an independent certified public accountant in conformity with generally accepted auditing standards. For any nonaudit services performed by the firm conducting the audit, the firm and its individual auditors shall adhere to the standards for auditor independence set forth in the latest revision of the Government Auditing Standards, issued by the Comptroller General of the United States (the Yellow Book). The Attorney General may, by regulation, prescribe standards for auditor independence in the performance of nonaudit services, including standards different from those set forth in the Yellow Book. If a charitable corporation or unincorporated association that is required to prepare an annual financial statement pursuant to this subdivision is under the control of another organization, the controlling organization may prepare a consolidated financial statement. The audited financial statements shall be available for inspection by the Attorney General and by members of the public no later than nine months after the close of the fiscal year to which the statements relate. A charity shall make its annual audited financial statements available to the public in the same manner that is prescribed for IRS Form 990 by the latest revision of Section 6104(d) of the Internal Revenue Code and associated regulations. (2) If it is a corporation, have an audit committee appointed by the board of directors. The audit committee may include persons who are not members of the board of directors, but the member or members of the audit committee shall not include any members of the staff, including the president or chief executive officer and the treasurer or chief financial officer. If the corporation has a finance committee, it must be separate from the audit committee. Members of the finance committee may serve on the audit committee; however, the chairperson of the audit committee may not be a member of the finance committee and members of the finance committee shall constitute less than one-half of the membership of the audit committee. Members of the audit committee shall not receive any compensation from the corporation in excess of the compensation, if any, received by members of the board of directors for service on the board and shall not have a material financial interest in any entity doing business with the corporation. Subject to the supervision of the board of directors, the audit committee shall be responsible for recommending to the board of directors the retention and termination of the independent auditor and may negotiate the independent auditor’s compensation, on behalf of the board of directors. The audit committee shall confer with the auditor to satisfy its members that the financial affairs of the corporation are in order, shall review and determine whether to accept the audit, shall ensure that any nonaudit services performed by the auditing firm conform with standards for auditor independence referred to in paragraph (1), and shall approve performance of nonaudit services by the auditing firm. If the charitable corporation that is required to have an audit committee pursuant to this subdivision is under the control of another corporation, the audit committee may be part of the board of directors of the controlling corporation. (f) If, independent of the audit requirement set forth in paragraph (1) of subdivision (e), a charitable corporation, unincorporated association, or trustee required to file reports with the Attorney General pursuant to this section prepares financial statements that are audited by a certified public accountant, the audited financial statements shall be available for inspection by the Attorney General and shall be made available to members of the public in conformity with paragraph (1) of subdivision (e). (g) The board of directors of a charitable corporation or unincorporated association, or an authorized committee of the board, and the trustee or trustees of a charitable trust shall review and approve the compensation, including benefits, of the president or chief executive officer and the treasurer or chief financial officer to ensure that it is just and reasonable. This review and approval shall occur initially upon the hiring of the officer, whenever the term of employment, if any, of the officer is renewed or extended, and whenever the officer’s compensation is modified. Separate review and approval shall not be required if a modification of compensation extends to substantially all employees. If a charitable corporation is affiliated with other charitable corporations, the requirements of this section shall be satisfied if review and approval is obtained from the board, or an authorized committee of the board, of the charitable corporation that makes retention and compensation decisions regarding a particular individual. (Amended by Stats. 2021, Ch. 50, Sec. 109. (AB 378) Effective January 1, 2022.)
  188. 12586.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    Certain California charitable entities may be charged a $25 monthly late or დამატitional fee for missing registration, reporting, renewal, or correction requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12586.1. In addition to a registration fee, a charitable corporation or trustee, commercial fundraiser, fundraising counsel, coventurer, charitable fundraising platform, or platform charity may be assessed a late fee or an additional fee of twenty-five dollars ($25) for each month or part of the month after the date on which the registration statement and financial report were due to be filed or after the period of extension granted for the filing, if the charitable corporation or trustee, commercial fundraiser, fundraising counsel, coventurer, charitable fundraising platform, or platform charity does any of the following: (a) Exists and operates in California without being registered. (b) Solicits contributions in California without being registered or, if applicable, bonded. (c) Fails to file its first report no later than four months and 15 days following the close of each calendar or fiscal year and has not requested an extension of time to file the annual report. (d) Fails to file its subsequent annual report no later than four months and 15 days following the close of each calendar or fiscal year subsequent to the filing of the first report and has not requested an extension of time to file the annual report. (e) Fails to file its annual registration/renewal form within the time specified by the Attorney General irrespective of other report filing requirements. (f) Fails to correct the deficiencies in its registration or annual report within 10 days of receipt of written notice of those deficiencies. This section shall become operative on January 1, 2023. (Repealed (in Sec. 3) and added by Stats. 2021, Ch. 616, Sec. 4. (AB 488) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
  189. 12586.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    Money paid to the Attorney General under Section 12598 must be used by the Department of Justice only for administering charitable trust enforcement responsibilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12586.2. All fines, penalties, attorney’s fees, if any, as authorized by law, and costs of investigation paid to the Attorney General pursuant to Section 12598 shall be used by the Department of Justice solely for the administration of the Attorney General’s charitable trust enforcement responsibilities. (Added by Stats. 2000, Ch. 475, Sec. 2. Effective January 1, 2001.)
  190. 12587.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    The Attorney General may adopt additional rules and regulations for administering this article, and certain registration or renewal fee money must be used only for the Registry of Charities and Fundraisers and public access to filed reports.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12587. The Attorney General may make additional rules and regulations necessary for the administration of this article, provided that any assessment of an annual registration or renewal fee from charitable trustees and corporations, commercial fundraisers, fundraising counsel, commercial coventurers, charitable fundraising platforms, and platform charities subject to this article, authorized by statute or regulation, shall be used by the Department of Justice solely to operate and maintain the Attorney General’s Registry of Charities and Fundraisers and provide public access via internet website to reports filed with the Attorney General. (Amended by Stats. 2023, Ch. 478, Sec. 27. (AB 1756) Effective January 1, 2024.)
  191. 12587.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    The provision creates a fund in the State Treasury for the Registry of Charities and Fundraisers, administered by the Department of Justice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12587.1. (a) The Registry of Charities and Fundraisers Fund is hereby established in the State Treasury, to be administered by the Department of Justice. (b) Notwithstanding any other law, all registration fees, registration renewal fees, and late fees or other fees paid to the Department of Justice pursuant to this article, former Section 2850 of the Probate Code, or Section 320.5 of the Penal Code, shall be deposited in the Registry of Charities and Fundraisers Fund. (c) Moneys in the fund, upon appropriation by the Legislature, shall be used by the Attorney General to operate and maintain the Attorney General’s Registry of Charities and Fundraisers and provide public access via the internet to reports filed with the Attorney General. (d) Moneys in the fund, upon appropriation by the Legislature, shall be used by the Attorney General to enforce the registration and reporting provisions. (Amended by Stats. 2023, Ch. 478, Sec. 28. (AB 1756) Effective January 1, 2024.)
  192. 12588.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    The Attorney General may investigate covered corporations and trustees and may require certain people to appear and provide sworn information and documents.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12588. The Attorney General may investigate transactions and relationships of corporations and trustees subject to this article for the purpose of ascertaining whether or not the purposes of the corporation or trust are being carried out in accordance with the terms and provisions of the articles of incorporation or other instrument. The Attorney General may require any agent, trustee, fiduciary, beneficiary, institution, association, or corporation, or other person to appear, at a named time and place, in the county designated by the Attorney General, where the person resides or is found, to give information under oath and to produce books, memoranda, papers, documents of title, and evidence of assets, liabilities, receipts, or disbursements in the possession or control of the person ordered to appear. (Amended by Stats. 2017, Ch. 561, Sec. 79. (AB 1516) Effective January 1, 2018.)
  193. 12589.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    The Attorney General must issue and send an attendance order at least 14 days before the attendance date, and the order can be enforced or modified by the court in stated circumstances.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12589. When the Attorney General requires the attendance of any person, as provided in Section 12588, the Attorney General shall issue an order setting forth the time when and the place where attendance is required and shall cause the same to be delivered to or sent by registered mail to the person at least 14 days before the date fixed for attendance. Such order shall have the same force and effect as a subpoena and, upon application of the Attorney General, obedience to the order may be enforced by the superior court in the county where the person receiving it resides or is found, in the same manner as though the notice were a subpoena. The court, after hearing, for cause, and upon application of any person aggrieved by the order, shall have the right to alter, amend, revise, suspend or postpone all or any part of its provisions. (Amended by Stats. 2017, Ch. 561, Sec. 80. (AB 1516) Effective January 1, 2018.)
  194. 12590.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    The Attorney General may adopt reasonable rules for public inspection of filings and must withhold non-charitable instruments from public inspection.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12590. Subject to reasonable rules and regulations adopted by the Attorney General, the register, copies of instruments, and the reports filed with the Attorney General shall be open to public inspection. The Attorney General shall withhold from public inspection any instrument so filed whose content is not exclusively for charitable purposes. (Repealed and added by Stats. 1959, Ch. 1258.)
  195. 12591.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    The Attorney General may bring proceedings to enforce this article and ask a court to act, and courts cannot modify or end a charitable trust unless the Attorney General is a party.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12591. The Attorney General may institute appropriate proceedings to secure compliance with this article and to invoke the jurisdiction of the court. The powers and duties of the Attorney General provided in this article are in addition to the Attorney General’s existing powers and duties. This article does not impair or restrict the jurisdiction of any court with respect to any of the matters covered by it, except that a court shall not have jurisdiction to modify or terminate any trust of property for charitable purposes unless the Attorney General is a party to the proceedings. (Amended by Stats. 2017, Ch. 561, Sec. 81. (AB 1516) Effective January 1, 2018.)
  196. 12591.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    This section lets the Attorney General use cease-and-desist orders, penalties, registration suspension, and court relief for violations of the article, and it sets notice and hearing deadlines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12591.1. (a) Any person who violates any provision of this article with intent to deceive or defraud any charity or individual is liable for a civil penalty not exceeding ten thousand dollars ($10,000). (b) The Attorney General may issue a cease and desist order whenever the Attorney General finds that any entity or person that is subject to the provisions of this article pursuant to Section 12581, or its agent, servant, or employee, has committed an act that would constitute a violation of, or is operating in violation of, this article, or its implementing regulations, or an order issued by the Attorney General, including, but not limited to, all of the following: (1) Has refused or failed, after notice, to produce any records of the organization or to disclose any information required to be disclosed under this article or Chapter 4 (commencing with Section 300) of Division 1 of Title 11 of the California Code of Regulations. (2) Has made a material false statement in an application, statement, or report required to be filed under this article or Chapter 4 (commencing with Section 300) of Division 1 of Title 11 of the California Code of Regulations. (3) Has failed to file a financial report, or has filed an incomplete financial report, that is required by this article or Chapter 4 (commencing with Section 300) of Division 1 of Title 11 of the California Code of Regulations. (4) Has engaged in any act prohibited pursuant to Section 12599.6. (c) The Attorney General may impose a penalty on any person or entity, not to exceed one thousand dollars ($1,000) per act or omission, for each act or omission that constitutes a violation of this article or Chapter 4 (commencing with Section 300) of Division 1 of Title 11 of the California Code of Regulations. At least 5 days before imposing that penalty, the Attorney General shall provide notice to the person or entity that committed the violation by certified mail to the address of record at the Registry of Charities and Fundraisers. Penalties shall accrue, commencing on the fifth day after notice is given, at a rate of one hundred dollars ($100) per day for each day until that person or entity corrects that violation. Penalties shall stop accruing as of the date set forth in the written notice provided by the Attorney General that the violation or omission subject to penalties has been corrected or remedied. (d) If the Attorney General assesses penalties under this section, the Attorney General may suspend the registration of that person or entity in accordance with the procedures set forth in Section 999.6 of Title 11 of the California Code of Regulations. Registration shall be automatically suspended until the fine is paid and no registration shall be renewed until the fine is paid. (e) Any person or entity that the Attorney General has filed an action against pursuant to this section may request a hearing to review that action in accordance with the procedures set forth in Chapter 15 (commencing with Section 999.1) of Division 1 of Title 11 of the California Code of Regulations and rules adopted by the Attorney General. Any request for hearing shall be made within 30 days after the Attorney General has served the person with notice of the action. That notice shall be deemed effective upon mailing. (f) The Attorney General may apply to a superior court of the State of California for relief, and the court may issue a temporary injunction or a permanent injunction to restrain violations of this chapter, appoint a receiver, order restitution or an accounting, or grant other relief as may be appropriate to ensure the due application of charitable funds. Those proceedings shall be brought in the name of the state. (g) All penalties paid to the Attorney General pursuant to this section shall be used by the Department of Justice in accordance with the provisions of Section 12586.2. (h) Any offense committed under this article involving a solicitation may be deemed to have been committed at either the place at which the solicitation was initiated or at the place where the solicitation was received. (i) Any person who violates only subdivision (c), (d), (e), or (f) of Section 12586.1 shall not be liable for a civil penalty under subdivision (b) if the person (1) has not received reasonable notice of the violation and (2) has not been given a reasonable opportunity to correct the violation. The Attorney General shall notify in writing a person who violates only subdivision (c), (d), (e), or (f) of Section 12586.1 that they have 30 days to correct the violation. (j) The recovery of a civil penalty pursuant to this section precludes assessment of a late fee pursuant to Section 12586.1 for the same offense. (Amended by Stats. 2023, Ch. 478, Sec. 29. (AB 1756) Effective January 1, 2024.)
  197. 12591.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    The Attorney General may accept an assurance of voluntary compliance in certain cases, and the assurance must be written and filed with a superior court for approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12591.2. In any case in which the Attorney General has authority to institute an action or proceeding under this article, the Attorney General may accept an assurance of voluntary compliance through which any person alleged to be engaged in any method, act, or practice in violation of this article agrees to discontinue that method, act, or practice. The assurance may, among other terms, include a stipulation of a voluntary payment by the person of the cost of the investigation or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved persons, or both. The assurance of voluntary compliance shall not be considered an admission of a violation for any purpose. The assurance of compliance shall be in writing and shall be filed with a superior court in this state for approval and if approved shall thereafter be filed with the clerk of the court. Matters closed may at any time be reopened by the court for further proceedings in the public interest. In the event of an alleged violation, the Attorney General may, in the Attorney General’s discretion, either initiate contempt proceedings or proceed as if the assurance of voluntary compliance has not been accepted. (Amended by Stats. 2021, Ch. 50, Sec. 110. (AB 378) Effective January 1, 2022.)
  198. 12592.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    This article applies even if another instrument says something different.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12592. This article shall apply regardless of any contrary provisions of any instrument. (Repealed and added by Stats. 1959, Ch. 1258.)
  199. 12593.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    Certain people must give the Attorney General copies of specified charitable trust or property-transfer documents, and court record custodians must provide related records when requested.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12593. Every person who offers for probate any instrument which establishes a testamentary trust of property for charitable purposes or who records in any county or city and county any inter vivos transfer of property for charitable purposes shall furnish a copy of the document to the Attorney General. The custodian of the records of a court having jurisdiction of probate matters or of charitable trusts shall furnish copies of papers, records, and files of the custodian’s office relating to the subject of this article as the Attorney General requires. (Amended by Stats. 2021, Ch. 50, Sec. 111. (AB 378) Effective January 1, 2022.)
  200. 12594.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. )

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    State officers, agencies, boards, or commissions that receive tax-exemption applications must file an annual list of those applications with the Attorney General.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790] ( Part 2 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Attorney General [12500 - 12661] ( Chapter 6 added by Stats. 1945, Ch. 111. ) ## ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act [12580 - 12599.10] ( Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136. ) ## 12594. Every officer, agency, board, or commission of this State receiving applications for exemption from taxation of any corporation, charitable trust or similar relationship in which the corporation or trustee is subject to this article shall annually file with the Attorney General a list of all applications received during the year. (Repealed and added by Stats. 1959, Ch. 1258.)

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