Government Code — Part 75 | GOV — United States — California law | Esheria

Government Code

Part 75 of 107 · provisions 14,801–15,000

This act is named the Government Code.

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About this statute

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

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Provisions of Government Code

Showing 200 of 21,333

  1. 6085.460.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    For notices arising in San Diego County outside the listed districts, publish them in the nearest district if the location is within 10 miles of a district; otherwise, handle the notice as if the location were in a district without a newspaper of general circulation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.460. (a) San Diego County contains the following public notice districts: (1) El Cajon District, which is comprised of the Cities of El Cajon, La Mesa, Lemon Grove, and Santee and the unincorporated areas known as Alpine, Bostonia, Casa de Oro, Jamul, La Presa, Lakeside, Mount Helix, Ramona, Rancho San Diego, San Diego Country Estates, Spring Valley, and Winter Gardens. (2) North County District, which is comprised of the Cities of Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista and the unincorporated areas known as Camp Pendleton, Fairbanks Ranch, Fallbrook, and Rancho Santa Fe. (3) San Diego District, which is comprised of the Cities of Poway and San Diego, excluding that part of the City of San Diego that is in the South Bay District. (4) South Bay District, which is comprised of the Cities of Chula Vista, Coronado, Imperial Beach, and National City, the unincorporated area known as Bonita, and that part of the City of San Diego lying south of the City of Chula Vista. (b) For the purpose of publishing notice arising from a location within San Diego County that is not within one of the districts described in subdivision (a): (1) If the location is within 10 miles of a district, notice shall be published in the nearest district. (2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  2. 6085.470.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    San Francisco has one countywide public notice district.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.470. The City and County of San Francisco contains a single, countywide public notice district. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  3. 6085.480.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    San Joaquin County is divided into listed public notice districts, and notice from locations outside those districts must be handled based on distance to the nearest district.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.480. (a) San Joaquin County contains the following public notice districts: (1) Lodi District, which is comprised of the City of Lodi. (2) Manteca-Ripon-Escalon District, which is comprised of the Cities of Escalon, Lathrop, Manteca, and Ripon and the unincorporated area known as French Camp. (3) Stockton District, which is comprised of the City of Stockton and the unincorporated area known as Garden Acres. (4) Tracy District, which is comprised of the City of Tracy. (b) For the purpose of publishing notice arising from a location within San Joaquin County that is not within one of the districts described in subdivision (a): (1) If the location is within 10 miles of a district, notice shall be published in the nearest district. (2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  4. 6085.490.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    San Luis Obispo County is divided into five public notice districts, and notices from nearby unlisted locations must be published in the nearest district if the location is within 10 miles of a district.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.490. (a) San Luis Obispo County contains the following public notice districts: (1) First District, which is comprised of the City of El Paso de Robles. (2) Second District, which is comprised of the City of Atascadero and the unincorporated area known as Templeton. (3) Third District, which is comprised of the City of Morro Bay and the unincorporated area known as Los Osos. (4) Fourth District, which is comprised of the City of San Luis Obispo and the unincorporated areas known as Avila Beach and Los Ranchos. (5) Fifth District, which is comprised of the Cities of Arroyo Grande, Grover Beach, and Pismo Beach and the unincorporated areas known as Edna and Nipomo. (b) For the purpose of publishing notice arising from a location within San Luis Obispo County that is not within one of the districts described in subdivision (a): (1) If the location is within 10 miles of a district, notice shall be published in the nearest district. (2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  5. 6085.500.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    San Mateo County is divided into three public notice districts, and notice for locations outside those districts is published in the nearest district if within five miles; otherwise, notice is given as if the location were in a district without a newspaper of general circulation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.500. (a) San Mateo County contains the following public notice districts: (1) Central District, which is comprised of the Cities of Belmont, Burlingame, Foster City, Half Moon Bay, Hillsborough, Millbrae, and San Mateo and the unincorporated area known as Montara. (2) Northern District, which is comprised of the Cities of Brisbane, Colma, Daly City, Pacifica, San Bruno, and South San Francisco. (3) Southern District, which is comprised of the Cities of Atherton, East Palo Alto, Menlo Park, Portola Valley, Redwood City, San Carlos, and Woodside and the unincorporated area known as North Fair Oaks. (b) For the purpose of publishing notice arising from a location within San Mateo County that is not within one of the districts described in subdivision (a): (1) If the location is within five miles of a district, notice shall be published in the nearest district. (2) If the location is not within five miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  6. 6085.510.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    Santa Barbara County is divided into listed public notice districts, and notice for a location outside those districts must be published in the nearest district if the location is within 10 miles of one, or treated as if it were in a district without a newspaper of general circulation if it is farther away.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.510. (a) Santa Barbara County contains the following public notice districts: (1) Carpinteria-Montecito District, which is comprised of the City of Carpinteria and the unincorporated area known as Montecito. (2) Guadalupe District, which is comprised of the City of Guadalupe. (3) Lompoc District, which is comprised of the City of Lompoc and the unincorporated area known as Vandenberg AFB. (4) Santa Barbara-Goleta District, which is comprised of the Cities of Goleta and Santa Barbara and the unincorporated area known as Isla Vista. (5) Santa Maria District, which is comprised of the City of Santa Maria and the unincorporated areas known as Los Alamos and Orcutt. (6) Solvang District, which is comprised of the Cities of Buellton and Solvang. (b) For the purpose of publishing notice arising from a location within Santa Barbara County that is not within one of the districts described in subdivision (a): (1) If the location is within 10 miles of a district, notice shall be published in the nearest district. (2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  7. 6085.520.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    Santa Clara County locations outside listed districts must have notice published in the nearest district if they are within five miles; otherwise notice is treated as if the location were in a district without a newspaper of general circulation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.520. (a) Santa Clara County contains the following public notice districts: (1) Gilroy-Morgan Hill District, which is comprised of the Cities of Gilroy and Morgan Hill. (2) Los Gatos-Campbell-Saratoga District, which is comprised of the Cities of Campbell, Los Gatos, Monte Sereno, and Saratoga. (3) Palo Alto-Mountain View District, which is comprised of the Cities of Los Altos, Los Altos Hills, Mountain View, and Palo Alto and the unincorporated areas known as Loyola and Stanford. (4) San Jose-Milpitas-Alviso District, which is comprised of the Cities of Milpitas and San Jose and the unincorporated area known as Alum Rock. (5) Santa Clara-Cupertino District, which is comprised of the Cities of Cupertino and Santa Clara. (6) Sunnyvale District, which is comprised of the City of Sunnyvale. (b) For the purpose of publishing notice arising from a location within Santa Clara County that is not within one of the districts described in subdivision (a): (1) If the location is within five miles of a district, notice shall be published in the nearest district. (2) If the location is not within five miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  8. 6085.530.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    Santa Cruz County has one public notice district that covers the whole county.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.530. Santa Cruz County contains a single, countywide public notice district. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  9. 6085.540.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    Shasta County is divided into three public notice districts, and notices from locations outside those districts must be published in the nearest district if the location is within 10 miles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.540. (a) Shasta County contains the following public notice districts: (1) Anderson District, which is comprised of the City of Anderson. (2) Central Valley District, which is comprised of the City of Shasta Lake. (3) Redding District, which is comprised of the City of Redding. (b) For the purpose of publishing notice arising from a location within Shasta County that is not within one of the districts described in subdivision (a): (1) If the location is within 10 miles of a district, notice shall be published in the nearest district. (2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  10. 6085.550.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    Sierra County has one public notice district covering the entire county.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.550. Sierra County contains a single, countywide public notice district. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  11. 6085.560.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    Siskiyou County is divided into named public notice districts, and notice from nearby unlisted locations must be published in the nearest district.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.560. (a) Siskiyou County contains the following public notice districts: (1) Dorris District, which is comprised of the City of Dorris. (2) Dunsmuir-Mount Shasta District, which is comprised of the Cities of Dunsmuir and Mount Shasta. (3) Scott Valley District, which is comprised of the Cities of Etna and Fort Jones. (4) Shasta Valley District, which is comprised of the Cities of Montague and Weed. (5) Tulelake District, which is comprised of the City of Tulelake. (6) Yreka District, which is comprised of the City of Yreka. (b) For the purpose of publishing notice arising from a location within Siskiyou County that is not within one of the districts described in subdivision (a): (1) If the location is within 10 miles of a district, notice shall be published in the nearest district. (2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  12. 6085.570.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    Solano County is divided into listed public notice districts, and notice for a location outside those districts is published in the nearest district if it is within 10 miles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.570. (a) Solano County contains the following public notice districts: (1) Benicia District, which is comprised of the City of Benicia. (2) Dixon District, which is comprised of the City of Dixon. (3) Fairfield-Suisun District, which is comprised of the Cities of Fairfield and Suisun. (4) Rio Vista District, which is comprised of the City of Rio Vista. (5) Vacaville District, which is comprised of the City of Vacaville. (6) Vallejo District, which is comprised of the City of Vallejo. (b) For the purpose of publishing notice arising from a location within Solano County that is not within one of the districts described in subdivision (a): (1) If the location is within 10 miles of a district, notice shall be published in the nearest district. (2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  13. 6085.580.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    Sonoma County is divided into listed public notice districts, and notice for a location outside those districts must be published in the nearest district if the location is within 10 miles of one.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.580. (a) Sonoma County contains the following public notice districts: (1) Central Sonoma County District, which is comprised of the Cities of Cotati, Rohnert Park, Santa Rosa, and Sebastopol and the unincorporated areas known as Bloomfield, Forestville, and Guerneville. (2) Northern District, which is comprised of the Cities of Cloverdale, Healdsburg, and Windsor. (3) Petaluma District, which is comprised of the City of Petaluma and the unincorporated area known as Penngrove. (4) Sonoma District, which is comprised of the City of Sonoma and the unincorporated areas known as Boyes Hot Springs and Kenwood. (b) For the purpose of publishing notice arising from a location within Sonoma County that is not within one of the districts described in subdivision (a): (1) If the location is within 10 miles of a district, notice shall be published in the nearest district. (2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  14. 6085.590.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

    Verify source ↗

    This section assigns public notice districts in Stanislaus County and tells where notice must be published for locations outside those districts.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.590. (a) Stanislaus County contains the following public notice districts: (1) Ceres District, which is comprised of the Cities of Ceres and Hughson and the unincorporated areas known as Bystrom, Keyes, and Parklawn. (2) Modesto District, which is comprised of the City of Modesto and the unincorporated areas known as Airport, Del Rio, Empire, and Salida. (3) Newman District, which is comprised of the City of Newman and the unincorporated area known as Crows Landing. (4) Oakdale-Waterford District, which is comprised of the Cities of Oakdale and Waterford. (5) Patterson District, which is comprised of the City of Patterson and the unincorporated area known as Grayson. (6) Riverbank District, which is comprised of the City of Riverbank. (7) Turlock District, which is comprised of the City of Turlock. (b) For the purpose of publishing notice arising from a location within Stanislaus County that is not within one of the districts described in subdivision (a): (1) If the location is within 10 miles of a district, notice shall be published in the nearest district. (2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  15. 6085.600.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    This section identifies two public notice districts in Sutter County and tells how notice should be published for locations in the county that are outside those districts.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.600. (a) Sutter County contains the following public notice districts: (1) Butte District, which is comprised of the City of Live Oak. (2) Yuba District, which is comprised of Yuba City. (b) For the purpose of publishing notice arising from a location within Sutter County that is not within one of the districts described in subdivision (a): (1) If the location is within 10 miles of a district, notice shall be published in the nearest district. (2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  16. 6085.610.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

    Verify source ↗

    Tehama County has two public notice districts, and notices from other locations in the county must be published in the nearest district if the location is within 10 miles of one.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.610. (a) Tehama County contains the following public notice districts: (1) Corning District, which is comprised of the City of Corning and the unincorporated area known as Los Molinos. (2) Red Bluff District, which is comprised of the Cities of Red Bluff and Tehama and the unincorporated area known as Gerber. (b) For the purpose of publishing notice arising from a location within Tehama County that is not within one of the districts described in subdivision (a): (1) If the location is within 10 miles of a district, notice shall be published in the nearest district. (2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  17. 6085.620.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

    Verify source ↗

    Trinity County has one countywide public notice district.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.620. Trinity County contains a single, countywide public notice district. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  18. 6085.630.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    This section lists the public notice districts in Tulare County and says how notice must be published for locations in the county that are outside those districts.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.630. (a) Tulare County contains the following public notice districts: (1) Dinuba District, which is comprised of the City of Dinuba and the unincorporated areas known as Cutler and Orosi. (2) Exeter-Farmersville District, which is comprised of the Cities of Exeter and Farmersville. (3) Lindsay District, which is comprised of the City of Lindsay and the unincorporated area known as Strathmore. (4) Pixley District, which is comprised of the unincorporated areas known as Earlimart, Pixley, Tipton, and Woodville. (5) Porterville District, which is comprised of the City of Porterville and the unincorporated areas known as Cotton Center and Poplar. (6) Tulare District, which is comprised of the City of Tulare. (7) Visalia District, which is comprised of the City of Visalia and the unincorporated area known as Ivanhoe. (8) Woodlake District, which is comprised of the City of Woodlake. (b) For the purpose of publishing notice arising from a location within Tulare County that is not within one of the districts described in subdivision (a): (1) If the location is within 10 miles of a district, notice shall be published in the nearest district. (2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  19. 6085.640.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    This section says Tuolumne County contains the Sonora District public notice district, made up of the City of Sonora, and sets where notice must be published for locations outside that district.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.640. (a) Tuolumne County contains the Sonora District public notice district, which is comprised of the City of Sonora. (b) For the purpose of publishing notice arising from a location within Tuolumne County that is not within the district described in subdivision (a): (1) If the location is within 10 miles of the district, notice shall be published in the district. (2) If the location is not within 10 miles of the district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  20. 6085.650.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    Ventura County is declared to have one public notice district for the whole county.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.650. Ventura County contains a single, countywide public notice district. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  21. 6085.660.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

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    Yolo County is divided into named public notice districts, and notice from a place outside those districts must be published in the nearest district if the place is within 10 miles of one.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.660. (a) Yolo County contains the following public notice districts: (1) Davis District, which is comprised of the City of Davis. (2) Washington District, which is comprised of the City of West Sacramento. (3) Winters District, which is comprised of the City of Winters. (4) Woodland District, which is comprised of the City of Woodland. (b) For the purpose of publishing notice arising from a location within Yolo County that is not within one of the districts described in subdivision (a): (1) If the location is within 10 miles of a district, notice shall be published in the nearest district. (2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  22. 6085.670.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. )

    Verify source ↗

    Yuba County is divided into named public notice districts, and notices from places outside those districts must be published in the nearest district if the location is within 10 miles of one.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1.1. Publication of Notice in Public Notice Districts [6080 - 6085.670] ( Chapter 1.1 added by Stats. 2016, Ch. 703, Sec. 13. ) ## ARTICLE 2. Public Notice Districts by County [6085.100 - 6085.670] ( Article 2 added by Stats. 2016, Ch. 703, Sec. 13. ) ## 6085.670. (a) Yuba County contains the following public notice districts: (1) Marysville District, which is comprised of the City of Marysville and the unincorporated areas known as Linda, Olivehurst, and Plumas Lake. (2) Wheatland District, which is comprised of the City of Wheatland and the unincorporated area known as Beale AFB. (b) For the purpose of publishing notice arising from a location within Yuba County that is not within one of the districts described in subdivision (a): (1) If the location is within 10 miles of a district, notice shall be published in the nearest district. (2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation. (Added by Stats. 2016, Ch. 703, Sec. 13. (AB 2881) Effective January 1, 2017.)
  23. 6100.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    State, county, and judicial district officers may not perform official services unless the prescribed fees are paid, subject to chapter exceptions. Most notaries may perform notarial services without charging a fee, except notaries whose fees must be remitted to the state or another public agency.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6100. Officers of the state, or of a county or judicial district, shall not perform any official services unless upon the payment of the fees prescribed by law for the performance of the services, except as provided in this chapter. This section shall not be construed to prohibit any notary public, except a notary public whose fees are required by law to be remitted to the state or any other public agency, from performing notarial services without charging a fee. (Amended by Stats. 1977, Ch. 197.)
  24. 61000.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    This division is called the Community Services District Law and may be cited by that name.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61000. This division shall be known and may be cited as the Community Services District Law. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  25. 61001.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    The Legislature states findings and intent about community services districts and says this division is meant to provide a clearer framework for local governance and public services.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61001. (a) The Legislature finds and declares all of the following: (1) The differences among California’s communities reflect the broad diversity of the state’s population, geography, natural resources, history, and economy. (2) The residents and property owners in California’s diverse communities desire public facilities and services that promote the public peace, health, safety, and welfare. (3) Responding to these communities’ desires, the Legislature enacted the Community Services District Law in 1951, and reenacted the Community Services District Law in 1955. (4) Between 1955 and 2005, the voters in more than 300 communities have formed community services districts to achieve local governance, provide needed public facilities, and supply public services. (5) Since then, the Legislature has amended the Community Services District Law in many ways, resulting in a statute that can be difficult for residents, property owners, and public officials to understand and administer. (6) There is a need to revise the Community Services District Law to achieve statutory clarity and provide a framework for local governance that California’s diverse communities can adapt to their local conditions, circumstances, and resources. (7) The enactment of this division is necessary for the public peace, health, safety, and welfare. (b) The Legislature finds and declares that for many communities, community services districts may be any of the following: (1) A permanent form of governance that can provide locally adequate levels of public facilities and services. (2) An effective form of governance for combining two or more special districts that serve overlapping or adjacent territory into a multifunction special district. (3) A form of governance that can serve as an alternative to the incorporation of a new city. (4) A transitional form of governance as the community approaches cityhood. (c) In enacting this division, it is the intent of the Legislature: (1) To continue a broad statutory authority for a class of limited-purpose special districts to provide a wide variety of public facilities and services. (2) To encourage local agency formation commissions to use their municipal service reviews, spheres of influence, and boundary powers, where feasible and appropriate, to combine special districts that serve overlapping or adjacent territory into multifunction community services districts. (3) That residents, property owners, and public officials use the powers and procedures provided by the Community Services District Law to meet the diversity of the local conditions, circumstances, and resources. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  26. 61002.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    This section defines key terms used in this division.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61002. Unless the context requires otherwise, as used in this division, the following terms shall have the following meanings: (a) “At large” means the election of members of the board of directors all of whom are elected by the voters of the entire district. (b) “Board of directors” means the board of directors of a district that establishes policies for the operation of the district. (c) “By divisions” means the election of members of the board of directors who are residents of the division from which they are elected only by voters of the division. (d) “District” means a community services district created pursuant to this division or any of its statutory predecessors. (e) “From divisions” means the election of members of the board of directors who are residents of the division from which they are elected by the voters of the entire district. (f) “General manager” means the highest level management appointee who is directly responsible to the board of directors for the implementation of the policies established by the board of directors. (g) “Graffiti abatement” means the power to prevent graffiti on public or private property, receive reports of graffiti on public or private property, provide rewards not to exceed one thousand dollars ($1,000) for information leading to the arrest and conviction of persons who apply graffiti on public or private property, abate graffiti as a public nuisance pursuant to Section 731 of the Code of Civil Procedure, remove graffiti from public or private property, and use the services of persons ordered by a court to remove graffiti. (h) “Latent power” means those services and facilities authorized by Part 3 (commencing with Section 61100) that the local agency formation commission has determined, pursuant to subdivision (i) of Section 56425, that a district did not provide prior to January 1, 2006. (i) “President” or “chair” means the presiding officer of the board of directors. (j) “Principal county” means the county having all or the greatest portion of the entire assessed valuation, as shown on the last equalized assessment roll of the county or counties, of all taxable property in the district. (k) “Secretary” means the secretary of the board of directors. (l) “Voter” means a voter as defined by Section 359 of the Elections Code. (m) “Zone” means a zone formed pursuant to Chapter 5 (commencing with Section 61140) of Part 3. (Amended by Stats. 2009, Ch. 332, Sec. 70. (SB 113) Effective January 1, 2010.)
  27. 61003.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    This section says the division authorizes the organization and powers of community services districts and preserves certain pre-2006 districts, zones, actions, and local agency formation commission approvals.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61003. (a) This division provides the authority for the organization and powers of community services districts. This division succeeds the former Division 3 (commencing with Section 61000) as added by Chapter 1746 of the Statutes of 1955, as subsequently amended, and any of its statutory predecessors. (b) Any community services district organized or reorganized pursuant to the former Division 3 or any of its statutory predecessors which was in existence on January 1, 2006, shall remain in existence as if it had been organized pursuant to this division. (c) Any improvement district of a community services district formed pursuant to the former Chapter 5 (commencing with Section 61710) of the former Part 5 or any of its statutory predecessors which was in existence on January 1, 2006, shall be deemed to be a zone as if it had been formed pursuant to Chapter 5 (commencing with Section 61140) of Part 3. (d) Any zone of a community services district formed pursuant to the former Chapter 2 (commencing with Section 61770) of the former Part 6 or any of its statutory predecessors which was in existence on January 1, 2006, shall remain in existence as if it had been organized pursuant to this division. (e) Any indebtedness, bond, note, certificate of participation, contract, special tax, benefit assessment, fee, election, ordinance, resolution, regulation, rule, or any other action of a district taken pursuant to the former Division 3 or any of its statutory predecessors which was taken before January 1, 2006, shall not be voided solely because of any error, omission, informality, misnomer, or failure to comply strictly with this division. (f) Any approval or determination, including, but not limited to, terms and conditions made with respect to a district by a local agency formation commission prior to January 1, 2006, shall remain in existence. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  28. 61004.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    This division must be interpreted broadly to carry out its purposes.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61004. This division shall be liberally construed to effectuate its purposes. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  29. 61005.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    If part of this division is held invalid, the rest remains effective if it can still be given effect.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61005. If any provision of this division or the application of any provision of this division in any circumstance or to any person, county, city, special district, school district, the state, or any agency or subdivision of the state is held invalid, that invalidity shall not affect other provisions or applications of this division that can be given effect without the invalid provision or application of the invalid provision, and to this end the provisions of this division are severable. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  30. 61006.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    Challenges about a district’s validity, debts, compelled performance, and certain administrative review must be brought under the specified Code of Civil Procedure provisions.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61006. (a) Any action to determine the validity of the organization of a district shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (b) Any action to determine the validity of any bonds, warrants, contracts, obligations, or evidences of indebtedness of a district shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (c) Any judicial action to compel performance of an action by a district, its officers, or its directors shall be brought pursuant to Section 1084 of the Code of Civil Procedure. (d) Any judicial review of any administrative act taken after a hearing by a district shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  31. 61007.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    Territory can be included in a district, and a district is treated as an independent special district unless a county board of supervisors or city council is its board of directors.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61007. (a) Territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, whether in one or more counties, may be included in a district. (b) Except as provided in this part, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5, shall govern any change of organization or reorganization of a district. In the case of any conflict between that division and this division, the provisions of this division shall prevail. (c) A district shall be deemed an “independent special district,” as defined by Section 56044, except when a county board of supervisors or a city council is the board of directors. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  32. 61008.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    Community services districts follow the Uniform District Election Law, with some exceptions, and may use mailed ballots, advisory elections, or require board elections to coincide with the statewide general election.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61008. (a) Except as otherwise provided in this division, districts are subject to the Uniform District Election Law, Part 4 (commencing with Section 10500) of Division 10 of the Elections Code. (b) A board of directors may require that the election of members to the board of directors shall be held on the same day as the statewide general election pursuant to Section 10404 of the Elections Code. (c) A district may conduct any election by all-mailed ballots pursuant to Division 4 (commencing with Section 4000) of the Elections Code. (d) A district may hold advisory elections pursuant to Section 9603 of the Elections Code. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  33. 61009.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    If a district or zone boundary changes, the district must comply with Chapter 8 starting at Section 54900.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Introductory Provisions [61000 - 61009] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61009. Whenever the boundaries of a district or a zone change, the district shall comply with Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  34. 6101.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    No fee may be charged in habeas corpus proceedings.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6101. No fee shall be charged in proceedings upon habeas corpus. (Enacted by Stats. 1943, Ch. 134.)
  35. 61010.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Formation [61010 - 61014.5] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A new district may be formed under this chapter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Formation [61010 - 61014.5] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61010. A new district may be formed pursuant to this chapter. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  36. 61011.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Formation [61010 - 61014.5] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district-formation proposal may be made by petition, and the petition must include required Section 56700 items plus service, financing, name, and initial board details.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Formation [61010 - 61014.5] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61011. (a) A proposal to form a new district may be made by petition. The petition shall do all of the things required by Section 56700. In addition, the petition shall do all of the following: (1) State which of the services listed in Section 61100 it is proposed that the district be authorized to provide upon formation. (2) Set forth the proposed methods, including, but not limited to, special taxes, benefit assessments, and fees, by which the district will finance those services. (3) Propose a name for the district. (4) Specify the method of selecting the initial board of directors, as provided in Chapter 1 (commencing with Section 61020) of Part 2. (b) The petitions, the proponents, and the procedures for certifying the sufficiency of the petitions shall comply with Chapter 2 (commencing with Section 56700) of Part 3 of Division 5. In the case of any conflict between that chapter and this chapter, the provisions of this chapter shall prevail. (c) The petition shall be signed by not less than 25 percent of the registered voters residing in the area to be included in the district, as determined by the local agency formation commission. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  37. 61012.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Formation [61010 - 61014.5] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    Before circulating a petition to form a district, the proponents must publish a notice of intention, then file the notice and publication affidavit within five days after publication. After that filing, the petition may be circulated.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Formation [61010 - 61014.5] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61012. (a) Before circulating any petition, the proponents shall publish a notice of intention which shall include a written statement not to exceed 500 words in length, setting forth the reasons for forming the district, the proposed services that the district will provide, and the proposed methods by which the district will be financed. The notice shall be published pursuant to Section 6061 in one or more newspapers of general circulation within the territory proposed to be included in the district. If the territory proposed to be included in the district is located in more than one county, publication of the notice shall be made in at least one newspaper of general circulation in each of the counties. (b) The notice shall be signed by one or more of the proponents, and shall be in substantially the following form: “Notice of Intent to Circulate Petition “Notice is hereby given of the intention to circulate a petition proposing to form the ______________ [name of the district]. The reasons for forming the proposed district are: __________________. The proposed service(s) that the district will provide are: ____________. The proposed method(s) by which the district will finance those services are: ______________.” (c) Within five days after the date of publication, the proponents shall file with the executive officer of the local agency formation commission of the principal county a copy of the notice together with an affidavit made by a representative of the newspaper or newspapers in which the notice was published certifying to the fact of the publication. (d) After the filing required by subdivision (c), the petition may be circulated for signatures. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  38. 61013.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Formation [61010 - 61014.5] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A county, city, or special district legislative body may propose forming a new district by resolution, but it must hold a public hearing first and give the required notices.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Formation [61010 - 61014.5] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61013. (a) A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of any county, city, or special district that contains any of the territory proposed to be included in the district. Except for the provisions regarding the signers, the signatures, and the proponents, a resolution of application shall contain all of the matters specified for a petition in Section 61011. (b) Before adopting a resolution of application, the legislative body shall hold a public hearing on the resolution. Notice of the hearing shall be published pursuant to Section 6061 in one or more newspapers of general circulation within the county, city, or special district. At least 20 days before the hearing, the legislative body shall give mailed notice of its hearing to the executive officer of the local agency formation commission of the principal county. The notice shall generally describe the proposed formation of the district and the territory proposed to be included in the district. (c) The clerk of the legislative body shall file a certified copy of the resolution of application with the executive officer of the local agency formation commission of the principal county. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  39. 61014.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Formation [61010 - 61014.5] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    The commission must follow specified procedures for district formation and cannot approve a district proposal unless it finds sufficient revenues, unless approval is conditioned on voter or property-owner approval of related taxes or assessments.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Formation [61010 - 61014.5] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61014. (a) Once the proponents have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission shall proceed pursuant to Part 3 (commencing with Section 56650) of Division 3 of Title 5. (b) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a district unless the commission determines that the proposed district will have sufficient revenues to carry out its purposes. (c) Notwithstanding subdivision (b), a local agency formation commission may approve a proposal that includes the formation of a district where the commission has determined that the proposed district will not have sufficient revenue provided that the commission conditions its approval on the concurrent approval of special taxes or benefit assessments that will generate those sufficient revenues. In approving the proposal, the commission shall provide that, if the voters or property owners do not approve the special taxes or benefit assessments, the proposed district shall not be formed. (d) If the local agency formation commission approves the proposal for the formation of a district, then the commission shall proceed pursuant to Part 4 (commencing with Section 57000) of Division 3 of Title 5. (e) Notwithstanding Section 57075, the local agency formation commission shall take one of the following actions: (1) If a majority protest exists in accordance with Section 57078, the commission shall terminate proceedings. (2) If no majority protest exists, the commission shall do either of the following: (A) Order the formation subject to the approval by the voters. (B) Order the formation subject to the approval by the voters of a special tax or the approval by the property owners of a special benefit assessment, pursuant to subdivision (c). (f) If the local agency formation commission orders the formation of a district pursuant to paragraph (2) of subdivision (e), the commission shall direct the board of supervisors to direct county officials to conduct the necessary elections on behalf of the proposed district. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  40. 61014.5.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Formation [61010 - 61014.5] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    For the proposed East Garrison Community Services District, Monterey County’s local agency formation commission may skip an election and finish the formation process if the affected territory has no registered voters and no non-public-agency landowners.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 1. GENERAL PROVISIONS [61000 - 61014.5] ( Part 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Formation [61010 - 61014.5] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61014.5. Notwithstanding Section 61014, in the case of the proposed formation of the East Garrison Community Services District, if the Local Agency Formation Commission of Monterey County finds that the affected territory contains no registered voters and no landowners that are not public agencies, the Local Agency Formation Commission of Monterey County may, as a term and condition of approving the formation, dispense with an election, complete the proceedings for the formation of the East Garrison Community Services District, and order the Board of Supervisors of the County of Monterey to designate the members of the initial board of directors pursuant to Section 61029.5. (Added by Stats. 2005, Ch. 108, Sec. 1. Effective July 21, 2005. Operative January 1, 2006, by Sec. 5 (subd. (a)) of Ch. 108.)
  41. 61020.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Initial Board of Directors [61020 - 61022] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    For a district formed on or after January 1, 2006, the initial board of directors must be determined under this chapter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Initial Board of Directors [61020 - 61022] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61020. The initial board of directors of a district formed on or after January 1, 2006, shall be determined pursuant to this chapter. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  42. 61021.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Initial Board of Directors [61020 - 61022] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    The initial board of directors must be elected, and directors may be chosen at large, by divisions, or from divisions.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Initial Board of Directors [61020 - 61022] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61021. (a) Except as provided in this chapter, the initial board of directors shall be elected. (b) The directors may be elected by one of the following methods: (1) At large. (2) By divisions. (3) From divisions. (c) The elections and terms of office shall be determined pursuant to the Uniform District Election Law, Part 4 (commencing with Section 10500) of the Elections Code. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  43. 61022.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Initial Board of Directors [61020 - 61022] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    This section lets a local agency formation commission set an initial county board of supervisors for a small proposed district, and requires a ballot process to move to an elected board when certain voter-count or time triggers occur.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Initial Board of Directors [61020 - 61022] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61022. (a) In the case of a proposed district which contains only unincorporated territory in a single county and less than 100 voters, the local agency formation commission may provide, as a term and condition of approving the formation of the district, that the county board of supervisors shall be the initial board of directors until conversion to an elected board of directors. (b) The board of supervisors shall adopt a resolution pursuant to subdivision (b) of Section 61027, placing the question of having an elected board of directors on the ballot when any of the following occurs: (1) When the registrar of voters certifies in writing that the number of voters in the district has reached or exceeded 500. (2) When the registrar of voters certifies in writing that the number of voters in the district has reached or exceeded a lower number specified by the local agency formation commission as a term and condition of approving the formation of the district. (3) Ten years after the effective date of the district’s formation. (4) The local agency formation commission has required, as a term and condition of approving the formation of the district, placing the question of having an elected board of directors on the ballot in less than 10 years after the effective date of the district’s formation. (c) At the election, the voters shall also elect members to the district’s board of directors. Those persons shall take office only if a majority of the voters voting upon the question of having an elected board are in favor of the question. (d) If the question is submitted to the voters at a general district election, the notice required by Section 12112 of the Elections Code shall contain a statement of the question to appear on the ballot. If the question is submitted to the voters at a special election, the notice of election and ballot shall contain a statement of the question. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  44. 61025.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Reorganizing the Board of Directors [61025 - 61030] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    This section lets voters choose how a community services district board of directors will be elected, and requires the board to act on the ballot result or a qualifying voter petition.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Reorganizing the Board of Directors [61025 - 61030] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61025. (a) If a majority of the voters voting upon the question are in favor of the question at a general district or special election, a board of directors may be elected by one of the following methods: (1) At large. (2) By divisions. (3) From divisions. (b) The board of directors may adopt a resolution placing the question on the ballot. Alternatively, upon receipt of a petition signed by at least 25 percent of the registered voters of the district, the board of directors shall adopt a resolution placing the question on the ballot. (c) If the question is submitted to the voters at a general district election, the notice required by Section 12112 of the Elections Code shall contain a statement of the question to appear on the ballot. If the question is submitted to the voters at a special election, the notice of election and ballot shall contain a statement of the question. (d) If the majority of voters voting upon the question approves of the election of directors either by divisions or from divisions, the board of directors shall promptly adopt a resolution dividing the district into five divisions. The resolution shall assign a number to each division. Using the last decennial census as a basis, the divisions shall be as nearly equal in population as possible. In establishing the boundaries of the divisions, the board of directors may give consideration to the following factors: (1) Topography. (2) Geography. (3) Cohesiveness, contiguity, integrity, and compactness of territory. (4) Community of interests of the divisions. (e) If the majority of voters voting upon the question approves of the election of directors either by divisions or from divisions, then at the next election, the members of the board of directors shall be so elected. Each member elected by division or from division shall be a resident of the election division by which or from which he or she is elected. At the district general election, following the approval by the voters of the election of directors either by divisions or from divisions, the board of directors shall assign vacancies on the board of directors created by the expiration of terms to the respective divisions and the vacancies shall be filled either by or from those divisions. (f) If the majority of voters voting on the question approves of the election of directors at large, the board of directors shall promptly adopt a resolution dissolving the divisions which had existed. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  45. 61026.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Reorganizing the Board of Directors [61025 - 61030] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A board of directors elected by divisions or from divisions must adjust division boundaries after each decennial census, reexamine them if district population changes between censuses, and make any required readjustment within 60 days after a qualifying change of organization or reorganization.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Reorganizing the Board of Directors [61025 - 61030] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61026. In the case of a board of directors elected by divisions or from divisions, the board of directors shall adjust the boundaries of the divisions before November 1 of the year following the year in which each decennial census is taken. If at any time between each decennial census, a change of organization or reorganization alters the population of the district, the board of directors shall reexamine the boundaries of its divisions. If the board of directors finds that the population of any division has varied so that the divisions no longer meet the criteria specified in subdivision (d) of Section 61025, the board of directors shall adjust the boundaries of the divisions so that the divisions shall be as nearly equal in population as possible. The board of directors shall make this change within 60 days of the effective date of the change of organization or reorganization. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  46. 61027.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Reorganizing the Board of Directors [61025 - 61030] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    This section lets a district put a board-election question on the ballot, and if voters approve, the district must have an elected board of directors.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Reorganizing the Board of Directors [61025 - 61030] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61027. (a) This section applies only to a district where the board of supervisors is the district’s board of directors and more than five years have passed since the effective date of the district’s formation. (b) Upon receipt of a petition signed by at least 10 percent of the voters of the district, the board of directors shall adopt a resolution placing the question on the ballot. Alternatively, the board of directors may adopt a resolution placing the question on the ballot. The petition or resolution shall specify whether the board of directors will be elected at large, by divisions, or from divisions. (c) If a majority of the voters voting upon the question at a general election or special election are in favor, the district shall have an elected board of directors. (d) At the election, the voters shall also elect members to the district’s board of directors. Those persons shall take office only if a majority of the voters voting upon the question of having an elected board of directors are in favor of the question. (e) If the question is submitted to the voters at a general district election, the notice required by Section 12112 of the Elections Code shall contain a statement of the question to appear on the ballot. If the question is submitted to the voters at a special election, the notice of election and ballot shall contain a statement of the question. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  47. 61028.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Reorganizing the Board of Directors [61025 - 61030] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    Before circulating a petition, proponents must publish a notice of intention with a short statement of reasons, then file proof of publication with the board secretary.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Reorganizing the Board of Directors [61025 - 61030] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61028. (a) Before circulating any petition pursuant to Section 61025 or Section 61027, the proponents shall publish a notice of intention, which shall include a written statement not to exceed 500 words in length, setting forth the reasons for the proposal. The notice shall be published pursuant to Section 6061 in one or more newspapers of general circulation within the district. If the district is located in more than one county, publication of the notice shall be made in at least one newspaper of general circulation in each county. (b) The notice shall be signed by at least one, but not more than three, proponents and shall be in substantially the following form: “Notice of Intent to Circulate Petition “Notice is hereby given of the intention to circulate a petition affecting the Board of Directors of the _________ (name of the district). The petition proposes that _______________ (description of the proposal).” (c) Within five days after the date of publication, the proponents shall file with the secretary of the board of directors a copy of the notice together with an affidavit made by a representative of the newspaper in which the notice was published certifying to the fact of publication. (d) After the filing required by subdivision (c), the petition may be circulated for signatures. (e) Sections 100 and 104 of the Elections Code shall govern the signing of the petition and the format of the petition. (f) A petition may consist of a single instrument or separate counterparts. The proponents shall file the petition, together with all counterparts, with the secretary of the board of directors. The secretary shall not accept a petition for filing unless the signatures have been secured within six months of the date on which the first signature was obtained and the proponents submitted the petition to the secretary for filing within 60 days after the last signature was obtained. (g) Within 30 days after the date of filing a petition, the secretary of the board of directors shall cause the petition to be examined by the county elections official, in accordance with Sections 9113 to 9115, inclusive, of the Elections Code, and shall prepare a certificate of sufficiency indicating whether the petition is signed by the requisite number of signers. (h) If the certificate of the secretary shows the petition to be insufficient, the secretary shall immediately give notice, by certified mail, of the insufficiency to the proponents. That mailed notice shall state in what amount the petition is insufficient. Within 15 days after the date of the notice of insufficiency, the proponents may file with the secretary a supplemental petition bearing additional signatures. (i) Within 10 days after the date of filing a supplemental petition, the secretary shall cause the supplemental petition to be examined by the county elections official. (j) The secretary shall sign and date a certificate of sufficiency. That certificate shall also state the minimum signature requirements for a sufficient petition and show the results of the secretary’s examination. The secretary shall mail a copy of the certificate of sufficiency to the proponents. (k) Once the proponents have filed a sufficient petition, the board of directors shall take the actions required pursuant to Section 61025 or Section 61027. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  48. 61029.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Reorganizing the Board of Directors [61025 - 61030] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    The San Joaquin County Board of Supervisors serves as the Mountain House Community Services District board until a directly elected board is created, and must move the election question onto the ballot once voter registration reaches 1,000.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Reorganizing the Board of Directors [61025 - 61030] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61029. (a) Notwithstanding any other provision of this chapter, the Board of Supervisors of San Joaquin County shall be the Board of Directors of the Mountain House Community Services District, until conversion to a directly elected board of directors. (b) When the registrar of voters certifies in writing that the number of voters in the district has reached or exceeded 1,000, the Board of Supervisors of San Joaquin County shall adopt a resolution placing the question of having an elected board of directors on the ballot. The resolution shall specify whether the board of directors will be elected at large, by divisions, or from divisions. (c) If the question is submitted to the voters at a general district election, the notice required by Section 12112 of the Elections Code shall contain a statement of the question to appear on the ballot. If the question is submitted to the voters at a special election, the notice of election and ballot shall contain a statement of the question. (d) If a majority of voters voting upon the question approves of electing the board of directors, the members of the board of directors shall be elected at the next general district election. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  49. 61029.5.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Reorganizing the Board of Directors [61025 - 61030] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    The County of Monterey Board of Supervisors must place an elected board question on the ballot when specified voter-count or timing conditions are met, and voters then elect board members if the question passes.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Reorganizing the Board of Directors [61025 - 61030] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61029.5. (a) Notwithstanding any other provision of this division, the Board of Directors of the East Garrison Community Services District shall be the Board of Supervisors of the County of Monterey, until conversion to a directly elected board of directors. (b) The Board of Supervisors of the County of Monterey shall adopt a resolution, placing the question of having an elected board of directors on the ballot when any of the following occurs: (1) When the registrar of voters certifies in writing that the number of voters in the East Garrison Community Services District has reached or exceeded 500. (2) When the registrar of voters certifies in writing that the number of voters in the East Garrison Community Services District has reached or exceeded a lower number specified by the Local Agency Formation Commission of Monterey County as a term and condition of approving the formation of the East Garrison Community Services District. (3) Ten years after the effective date of the East Garrison Community Services District’s formation. (4) The Local Agency Formation Commission of Monterey County has required, as a term and condition of approving the formation of the East Garrison Community Services District, placing the question of having an elected board of directors on the ballot in less than 10 years after the effective date of the East Garrison Community Services District’s formation. (c) At the election, the voters shall also elect members to the East Garrison Community Services District’s Board of Directors. Those persons shall take office only if a majority of the voters voting upon the question of having an elected board are in favor of the question. (d) If the question is submitted to the voters at a general district election, the notice required by Section 12112 of the Elections Code shall contain a statement of the question to appear on the ballot. If the question is submitted to the voters at a special election, the notice of the election and ballot shall contain a statement of the question. (Added by Stats. 2005, Ch. 108, Sec. 2. Effective July 21, 2005. Operative January 1, 2006, by Sec. 5 (subd. (a)) of Ch. 108.)
  50. 6103.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    Government entities and certain public officers generally may not pay or deposit fees for filings, official services, or certain stipulations, and no fee may be charged to the named public agencies for court reporter reporting services.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6103. (a) Neither the state nor any county, city, district, or other political subdivision, nor any public officer or body, acting in the public officer’s or body’s official capacity on behalf of the state, or any county, city, district, or other political subdivision, shall pay or deposit any fee for the filing of any document or paper, for the performance of any official service, or for the filing of any stipulation or agreement that may constitute an appearance in any court by any other party to the stipulation or agreement. This section does not apply to civil jury fees or civil jury deposits. This section does not apply to the State Compensation Insurance Fund or where a public officer is acting with reference to private assets or obligations that have come under that officer’s jurisdiction by virtue of that officer’s office, or where it is specifically provided otherwise. (b) No fee shall be charged to any of the public agencies named in this section to defray the costs of reporting services by court reporters. Such fees shall be recoverable as costs as provided in Section 6103.5. (c) This section shall apply to probate referees, as described in Part 12 (commencing with Section 400) of Division 2 of the Probate Code. (Amended by Stats. 2022, Ch. 851, Sec. 4. (SB 688) Effective January 1, 2023.)
  51. 6103.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    Section 6103 does not apply to certain fees or charges for official services required by specified Water Code provisions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6103.1. Section 6103 does not apply to any fee or charge for official services required by Parts 2 (commencing with Section 1200) 3 (commencing with Section 2000), and 4 (commencing with Section 4000) of Division 2 of the Water Code. (Amended by Stats. 1977, Ch. 579.)
  52. 6103.10.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    Section 6103.10 says Section 6103 does not apply to certain fees or charges payable to the Director of Toxic Substances Control or the California Department of Tax and Fee Administration, except as otherwise provided in specified Health and Safety Code provisions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6103.10. (a) Section 6103 does not apply to any fee or charges required to be paid to the Director of Toxic Substances Control or to the California Department of Tax and Fee Administration pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of, and Part 2 (commencing with Section 78000) of Division 45 of, the Health and Safety Code, except as otherwise provided in subdivision (b) of Section 25205.1 of, and Section 25205.7 of, the Health and Safety Code. (b) This section shall become operative on January 1, 2022. (Amended by Stats. 2022, Ch. 258, Sec. 17. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  53. 6103.11.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    Section 6103 does not apply to fees or charges for official services required by Title 7.3 starting with Section 66700.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6103.11. Section 6103 does not apply to any fee or charge for official services required by Title 7.3 (commencing with Section 66700). (Added by Stats. 1976, Ch. 1309.)
  54. 6103.12.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    Section 6103 does not apply to certain fees charged by county clerks, county recorders, or clerks of the court when those fees are charged under specified Health and Safety Code sections.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6103.12. Section 6103 does not apply to any fee charged by a county clerk or county recorder, or clerk of the court, pursuant to Section 17980.1 or 17980.2 of the Health and Safety Code. (Added by Stats. 1990, Ch. 192, Sec. 1.)
  55. 6103.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    Sheriffs or marshals may require certain fees to be prepaid before acting, with listed exceptions and fee caps.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6103.2. (a) Section 6103 does not apply to any fee or charge or expense for official services rendered by a sheriff or marshal in connection with the levy of writs of attachment, execution, possession, or sale. The fee, charge, or expense may be advanced to the sheriff or marshal, as otherwise required by law. (b) (1) Notwithstanding Section 6103, the sheriff or marshal, in connection with the service of process or notices, may require that all fees which a public agency, or any person or entity, is required to pay under provisions of law other than this section, be prepaid by a public agency named in Section 6103, or by any person or entity, prior to the performance of any official act. This authority to require prepayment shall include fees governed by Section 6103.5. (2) This subdivision does not apply to the service of process or notices in any action by the district attorney’s office for the establishment or enforcement of a child support obligation. (3) This subdivision does not apply to a particular jurisdiction unless the sheriff or marshal, as the case may be, imposes the requirement of prepayment upon public agencies and upon all persons or entities within the private sector. (4) The requirement for prepayment of a fee deposit does not apply to orders or injunctions described in paragraph (1) of subdivision (z) of Section 527.6, paragraph (1) of subdivision (w) of Section 527.8, or paragraph (1) of subdivision (w) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code (Prevention of Domestic Violence), Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code (Gun Violence Restraining Orders), and Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code (Elder Abuse and Dependent Adult Civil Protection Act). However, a sheriff or marshal may submit a billing to the superior court for payment of fees in the manner prescribed by the Judicial Council irrespective of the in forma pauperis status of any party under Rules 3.50 to 3.58, inclusive, of the California Rules of Court. The fees for service, cancellation of service, and making a not found return may not exceed the amounts provided in Sections 26721, 26736, and 26738, respectively, and are subject to the provisions of Section 26731. (Amended by Stats. 2025, Ch. 267, Sec. 4. (AB 561) Effective January 1, 2026.)
  56. 6103.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    This section lets sheriffs or marshals notify a protected person when certain orders or injunctions are served, and requires a sheriff to pass along service-time information when a marshal served the process.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6103.3. (a) (1) For any order or injunction described in paragraph (4) of subdivision (b) of Section 6103.2, the sheriff or marshal may notify the protected person by electronic or telephonic means within 24 hours after service of process that the order or injunction has been served on the restrained person, including the date and time when the order or injunction was served, if the protected person has requested this notification and has registered a telephone number or email address at which the protected person may be contacted for this purpose. (2) The sheriff may provide the notification described in subdivision (a) via an automated statewide victim information and notification system if the sheriff has access to that system, his or her county participates in that system, and local, state, or federal funds are made available for the operation of that system. (b) Notwithstanding subdivision (a), the sheriff may provide the notification described in subdivision (a) by publishing the notice of service of process on the sheriff’s Internet Web site. (c) If the sheriff participates in the notification program authorized under this section and the service of process is provided by a marshal, the marshal shall promptly inform the sheriff of the date and time when the order or injunction was served, and the sheriff shall provide the notice described in subdivision (a) to the protected person. (Amended by Stats. 2014, Ch. 470, Sec. 3. (AB 2256) Effective January 1, 2015.)
  57. 6103.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    Section 6103 does not apply to fees or charges for official services required by certain listed laws.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6103.4. Section 6103 does not apply to any fee or charge for official services required by any of the following: (a) The Environmental Laboratory Accreditation Act (Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code). (b) Article 3 (commencing with Section 106875) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code. (c) The California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code). (d) The Safe Drinking Water State Revolving Fund Law of 1997 (Chapter 4.5 (commencing with Section 116760) of Part 12 of Division 104 of the Health and Safety Code). (e) Article 2 (commencing with Section 116800) and Article 3 (commencing with Section 116825) of Chapter 5 of Part 12 of Division 104 of the Health and Safety Code. (f) Part 5 (commencing with Section 4999) of Division 2 of the Water Code. (g) Division 7 (commencing with Section 13000) of the Water Code. (Amended by Stats. 2015, Ch. 673, Sec. 1. (AB 1531) Effective January 1, 2016.)
  58. 6103.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    This section requires court judgment entries to include certain fee amounts, sets a 45-day remittance deadline, allows a writ of execution in some cases, and caps an added administration fee at $25.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6103.5. (a) Whenever a judgment is recovered by a public agency named in Section 6103, either as plaintiff or petitioner or as defendant or respondent, in any action or proceeding to begin, or to defend, which under the provisions of Section 6103 no fee for any official service rendered by the clerk of the court, including, but not limited to, the services of filing, certifying, and preparing transcripts, nor fee for service of process or notices by a sheriff or marshal has been paid, other than in a condemnation proceeding, quiet title action, action for the forfeiture of a fish net or nets or action for the forfeiture of an automobile or automobiles, the clerk entering the judgment shall include as a part of the judgment the amount of the filing fee, and the amount of the fee for the service of process or notices which would have been paid but for Section 6103, designating it as such. The clerk entering the judgment shall include as part of the judgment the amount of the fees for certifying and preparing transcripts if the court has, in its discretion, ordered those fees to be paid. (b) When an amount equal to the clerk’s fees and the fees for service of process and notices is collected upon a judgment pursuant to subdivision (a), those amounts shall be due and payable to the clerk and the serving officer respectively. The clerk shall ascertain from the serving officer’s return the amount of fees he or she would have charged had it not been for the provisions of Section 6103. Remittances of the amounts so due shall be made within 45 days by the fiscal officer of the plaintiff or petitioner or respondent or defendant in the action or proceeding unless those fees have been collected by the levying officer and remitted to the court. No interest shall be computed or charged on the amount of the fee. If the judgment pursuant to subdivision (a) consists only of the amount of the filing fee, it shall be at the public agency’s discretion whether to seek collection. If the public agency determines not to seek collection of the filing fee, it shall notify the clerk and no further action as provided for in this section may be brought against the public agency. (c) If the remittance is not received within 45 days of the filing of a partial satisfaction of judgment in an amount at least equal to the fees due to the clerk or a satisfaction of judgment has been filed, notwithstanding any other provision of law and except as provided in subdivision (b), the court may issue a writ of execution for recovery from the public agency of those fees plus the fees for issuance and execution of the writ plus a fee for administering this section. (d) The superior court shall set a fee, not to exceed the actual costs of administering this section, up to a maximum of twenty-five dollars ($25), which shall be added to the writ of execution. (Amended by Stats. 2002, Ch. 784, Sec. 124. Effective January 1, 2003.)
  59. 6103.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    Section 6103 does not apply to certain reasonable, nondiscriminatory city or county ordinance fees tied to inspections or liability insurance, and it does not authorize permit-only fees or fees collected from the State.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6103.6. Section 6103 does not apply to any fee or charge for official services established by a city or county ordinance as a reasonable and nondiscriminatory inspection fee to defray the costs of the inspection by such city or county of work done in, under, on or about any city or county street or highway, whether such work is done pursuant to franchise, statutory authority, or otherwise. Section 6103 does not apply to a reasonable and nondiscriminatory fee or charge established by a city or county ordinance to defray the costs of insuring such city or county against liability for injury or death to persons and damage to property resulting from such work in streets and highways. This section does not authorize a fee or charge for the mere issuance of a permit to do such work, nor does this section authorize the assessment against, or collecting of, any fee or charge from the State. (Added by Stats. 1963, Ch. 1257.)
  60. 6103.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    Section 6103 does not apply to certain reasonable, nondiscriminatory local inspection and plan-checking fees, but it does not allow permit-issuance fees or charges against the state in the stated circumstance.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6103.7. Section 6103 does not apply to any fee or charge for official services established by a city, county, city and county, or district as a reasonable and nondiscriminatory inspection fee to defray the costs of the inspection by such city, county, city and county, or district of building construction work performed within the boundaries of such city, county, city and county, or district, whether such work is done pursuant to franchise, statutory authority, or otherwise. Section 6103 does not apply to a reasonable and nondiscriminatory fee or charge established by a city, county, city and county, or district ordinance to defray the costs of providing plan-checking services to any applicant, whether such plan-checking services are performed by the city, county, city and county, or district having jurisdiction over the construction or are contracted by such city, county, city and county, or district to an independent plan-checking firm. This section does not authorize a fee or charge for the mere issuance of a permit to do such work, nor does this section authorize the assessment against, or collecting of any fee or charge from, the state or its agencies when, and to the extent that, such inspection or services are otherwise required by law, to be, and are in fact, performed by another governmental agency. (Amended by Stats. 1973, Ch. 692.)
  61. 6103.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    This section sets special recording-fee rules for certain full releases and state tax lien documents, and makes sections 6103 and 27383 inapplicable to some of those fees.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6103.8. (a) Sections 6103 and 27383 do not apply to any fee or charge for recording full releases executed or recorded pursuant to Section 7174 of the Government Code, Sections 4608 and 5003.7 of the Public Resources Code, and Sections 2194, 11496, 12494, and 32362 of the Revenue and Taxation Code, where there is full satisfaction of the amount due under the lien that is released. (b) The fee for recording full releases listed in subdivision (a) shall be the amount prescribed in subdivision (a) of Section 27361.3. (c) In the case of full releases recorded by the state taxing agency pursuant to Section 7174 of the Government Code, the recording agency shall be billed quarterly or, at the option of the agency, at more frequent intervals. All billing shall refer to the agency certificate number of the recorded releases. (d) The fee for recording full releases for any document relating to an agreement to reimburse a county for public aid granted by the county shall be the amount prescribed in subdivision (a) of Section 27361.3. (e) The fee for filing any release of judgment that was in favor of a government agency and recorded pursuant to Section 6103 or 27383 shall be the amount prescribed in subdivision (a) of Section 27361.3. (f) Sections 6103 and 27383 do not apply to any fee or charge for recording a notice of state tax lien under subdivision (d) of Section 7171 or a certificate of release under subdivision (h) of Section 7174. (g) The fee for recording a notice of state tax lien pursuant to subdivision (d) of Section 7171 and a certificate of release under subdivision (h) of Section 7174 shall be as permitted by Sections 27361, 27361.2, 27361.4, and 27361.8. (h) In the case of recording a notice of state tax lien pursuant to subdivision (f) or a certificate of release pursuant to subdivision (f), the recording agency shall be billed quarterly or at the option of the agency at more frequent intervals. All billing shall refer to the agency notice or certificate number. (Amended by Stats. 2021, Ch. 77, Sec. 7. (AB 137) Effective July 16, 2021.)
  62. 6103.9.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    The local child support agency and the district attorney are exempt from paying fees in certain child support cases.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6103.9. (a) Notwithstanding any other provision of law, except as provided in this section, the local child support agency and the district attorney shall be exempt from the payment of any fees, including fees for service of process and filing fees, in any action or proceeding brought for the establishment of a child support obligation or the enforcement of a child or spousal support obligation. (b) A court or county may be reimbursed for those direct costs related to the establishment of a child support obligation or the enforcement of a child or spousal support obligation which have been agreed to pursuant to a plan of cooperation. Any reimbursement pursuant to a plan of cooperation shall not include any amount which is payable as a filing fee. (c) For purposes of this section, a “plan of cooperation” includes an agreement entered into by a court and the Administrative Office of the Courts of the California Judicial Council which provides for reimbursement for the cost of providing clerical and administrative support furnished by the court. (Amended by Stats. 2000, Ch. 808, Sec. 95. Effective September 28, 2000.)
  63. 61030.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Reorganizing the Board of Directors [61025 - 61030] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    The local agency formation commission may temporarily set the board of a consolidated or reorganized community services district at 7, 9, or 11 members, and the board later must return to five members.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Reorganizing the Board of Directors [61025 - 61030] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61030. (a) Notwithstanding any other provision of this part, the local agency formation commission, in approving either a consolidation or reorganization of two or more special districts into a single community services district, may, pursuant to subdivisions (k) and (n) of Section 56886, temporarily increase the number of members to serve on the board of directors of the consolidated or reorganized district to 7, 9, or 11, who shall be members of the boards of directors of the districts to be consolidated or reorganized as of the effective date of the consolidation or reorganization. (b) Upon the expiration of the terms of the members of the board of directors of the consolidated or reorganized district whose terms first expire following the effective date of the consolidation or reorganization, the total number of members on the board of directors shall be reduced until the number of members equals five. (c) In addition to the powers granted under Section 1780, in the event of a vacancy on the board of directors of the consolidated or reorganized district at which time the total number of members of the board of directors is greater than five, the board of directors may, by majority vote of the remaining members of the board, choose not to fill the vacancy. In that event, the total membership of the board of directors shall be reduced by one member. Upon making the determination not to fill a vacancy, the board of directors shall notify the board of supervisors of its decision. (d) This section applies only to a consolidation or reorganization in which each subject agency was an independent special district prior to the initiation of the consolidation or reorganization. (e) As used in this section, “consolidation” means a consolidation as defined by Section 56030, “special district” means a special district as defined by Section 56036, “independent special district” means an independent special district as defined by Section 56044, and “reorganization” means a reorganization as defined by Section 56073. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  64. 6104.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    No fee may be charged for taking an oath when the oath or affidavit is needed for the State or a political subdivision to recover funds or property due to it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6104. Whenever an oath or affidavit is necessary in order that the State or any political subdivision thereof may recover funds or property due the State or political subdivision, no fee shall be charged for the taking of the oath. (Enacted by Stats. 1943, Ch. 134.)
  65. 61040.1.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    The board may be reduced to three members, but only after a petition, public hearing, notice, and board vote.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61040.1. (a) The board of directors of the Santa Rita Hills Community Services District may consist of three members. (b) (1) Prior to reducing the board of directors to three members pursuant to subdivision (a), the board of directors, after receiving a petition signed by a majority of voters requesting a reduction in the number of board members, shall adopt, by a recorded majority vote of the entire board of directors, a resolution proposing to reduce the number of directors to three members. (2) The district shall hold a public hearing regarding the proposal to reduce the number of directors. (3) Notice of the public hearing shall be given by placing a display advertisement of at least one-eighth page in a newspaper of general circulation for three weeks, pursuant to Section 6063, and by United States first-class mail to each landowner voter in the district, postage prepaid, and notice shall be deemed given when deposited in the mail. The envelope or cover of the mailing shall include the name of the local agency and the return address of the sender and the mailed notice shall be in at least 10-point type. (4) The public hearing shall be held at least 45 days after mailing the notice pursuant to paragraph (3). (5) At the hearing the board shall receive and consider any written or oral comments regarding the proposed reduction in the number of directors. After receiving and considering the comments, the board, by a recorded majority vote of the entire board of directors shall do one of the following: (A) Disapprove the proposal. (B) Adopt a resolution that orders the reduction in the number of members of the board to three members. (c) A reduction in the number of directors pursuant to this section shall not affect the term of office of any director. A director currently holding office as of the effective date of the reduction in the number of members of the board of directors shall continue to be the director until the office becomes vacant by means of term expiration or otherwise. (d) This section shall be repealed on January 1, 2035. (Added by Stats. 2014, Ch. 505, Sec. 3. (AB 2455) Effective January 1, 2015. Repealed as of January 1, 2035, by its own provisions.)
  66. 61042.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    Board members serve four-year terms, directors take office on the first Friday in December after election, and certain pre-2006 districts must split non-staggered boards into two classes by lot.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61042. (a) The term of office of each member of a board of directors is four years or until his or her successor qualifies and takes office. Directors shall take office at noon on the first Friday in December following their election. (b) For districts formed before January 1, 2006, where the members of the board of directors are not serving staggered terms, at the first meeting after January 1, 2006, the members shall classify themselves by lot into two classes. One class shall have three members and the other class shall have two members. For the class that has three members, the terms of the offices that begin after the next general district election shall be four years. For the class that has two members, the initial terms of the offices that begin after the next general district election shall be two years. Thereafter, the terms of all members shall be four years. (c) Any vacancy in the office of a member elected to a board of directors shall be filled pursuant to Section 1780. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  67. 61043.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    A district board must meet and elect officers within 45 days after formation and within 45 days after each general district or unopposed election; it may also do so annually and may create additional offices, but no member may hold more than one office.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61043. (a) Within 45 days after the effective date of the formation of a district, the board of directors shall meet and elect its officers. Thereafter, within 45 days after each general district or unopposed election, the board of directors shall meet and elect the officers of the board of directors. A board of directors may elect the officers of the board of directors annually. (b) The officers of a board of directors are a president and a vice president. The president shall preside over meetings of the board of directors and the vice president shall serve in the president’s absence or inability to serve. (c) A board of directors may create additional offices and elect members to those offices, provided that no member of a board of directors shall hold more than one office. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  68. 61044.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    A board of directors must hold a regular meeting at least once every three months, and those meetings are subject to the Ralph M. Brown Act.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61044. A board of directors shall hold a regular meeting at least once every three months. Meetings of the board of directors are subject to the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  69. 61045.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    The board of directors must have a quorum, act only by ordinance, resolution, or motion, record votes and actions, and adopt rules, bylaws, and district policies.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61045. (a) A majority of the total membership of the board of directors shall constitute a quorum for the transaction of business. (b) The board of directors shall act only by ordinance, resolution, or motion. (c) Except as otherwise specifically provided by law, a majority vote of the total membership of the board of directors is required for the board of directors to take action. (d) The minutes of the board of directors shall record the aye and no votes taken by the members of the board of directors for the passage of all ordinances, resolutions, or motions. (e) The board of directors shall keep a record of all its actions, including financial transactions. (f) The board of directors shall adopt rules or bylaws for its proceedings. (g) The board of directors shall adopt policies for the operation of the district, including, but not limited to, administrative policies, fiscal policies, personnel policies, and the purchasing policies required by this division. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  70. 61046.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    Voters may use initiative to pass ordinances, referendum to disapprove legislative acts, and recall to remove board members, subject to the Elections Code.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61046. (a) Ordinances may be passed by the voters by initiative pursuant to Article 1 (commencing with Section 9300) of Chapter 4 of Division 9 of the Elections Code. (b) Legislative acts may be disapproved by the voters by referendum pursuant to Article 2 (commencing with Section 9340) of Chapter 4 of Division 9 of the Elections Code. (c) Members of the board of directors may be recalled by the voters pursuant to Chapter 1 (commencing with Section 11000) of Division 11 of the Elections Code. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  71. 61047.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    The board may authorize compensation and expense reimbursement for its members, but a member may not be paid for more than six days of service in a month.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61047. (a) The board of directors may provide, by ordinance or resolution, that each of its members may receive compensation in an amount not to exceed one hundred dollars ($100) for each day of service. A member of the board of directors shall not receive compensation for more than six days of service in a month. (b) The board of directors, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the amount of compensation that may be received by members of the board of directors. (c) The board of directors may provide, by ordinance or resolution, that its members may receive their actual and necessary traveling and incidental expenses incurred while on official business. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3. (d) A member of the board of directors may waive any or all of the payments permitted by this section. (e) For the purposes of this section, a “day of service” means any of the following: (1) A meeting conducted pursuant to the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5. (2) Representation of the district at a public event, provided that the board of directors has previously approved the member’s representation at a board of directors’ meeting and that the member delivers a written report to the board of directors regarding the member’s representation at the next board of directors’ meeting following the public event. (3) Representation of the district at a public meeting or a public hearing conducted by another public agency, provided that the board of directors has previously approved the member’s representation at a board of directors’ meeting and that the member delivers a written report to the board of directors regarding the member’s representation at the next board of directors’ meeting following the public meeting or public hearing. (4) Representation of the district at a meeting of a public benefit nonprofit corporation on whose board the district has membership, provided that the board of directors has previously approved the member’s representation at a board of directors’ meeting and the member delivers a written report to the board of directors regarding the member’s representation at the next board of directors’ meeting following the corporation’s meeting. (5) Participation in a training program on a topic that is directly related to the district, provided that the board of directors has previously approved the member’s participation at a board of directors’ meeting, and that the member delivers a written report to the board of directors regarding the member’s participation at the next board of directors’ meeting following the training program. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  72. 61048.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    The board of directors may appoint one or more advisory committees.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Board of Directors [61040 - 61048] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61048. A board of directors may appoint one or more advisory committees to advise the board of directors about the district’s finances, policies, programs, or operations. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  73. 6105.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If an oath or affidavit is needed to get charity or relief from a government agency, no fee may be charged for taking the oath.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6105. Whenever an oath or affidavit is necessary in order that a person may obtain charity or relief from any agency or department of the United States, the State or any political subdivision thereof, no fee shall be charged for the taking of the oath. (Enacted by Stats. 1943, Ch. 134.)
  74. 61050.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. District Officers [61050 - 61053] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    The board of directors must appoint a general manager and set compensation, may combine the general manager and district treasurer roles, and must require the district treasurer to be bonded and the district to pay bond costs.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. District Officers [61050 - 61053] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61050. (a) The board of directors shall appoint a general manager. (b) The county treasurer of the principal county shall serve as the treasurer of the district. If the board of directors designates an alternative depositary pursuant to Section 61053, the board of directors shall appoint a district treasurer who shall serve in place of the county treasurer. (c) The board of directors may appoint the same person to be the general manager and the district treasurer. (d) The general manager and the district treasurer, if any, shall serve at the pleasure of the board of directors. (e) The board of directors shall set the compensation, if any, for the general manager and the district treasurer, if any. (f) The board of directors may require the general manager to be bonded. The board of directors shall require the district treasurer, if any, to be bonded. The district shall pay the cost of the bonds. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  75. 61051.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. District Officers [61050 - 61053] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    The general manager is responsible for implementing board policies and managing district employees, facilities, services, and finances.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. District Officers [61050 - 61053] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61051. The general manager shall be responsible for all of the following: (a) The implementation of the policies established by the board of directors for the operation of the district. (b) The appointment, supervision, discipline, and dismissal of the district’s employees, consistent with the employee relations system established by the board of directors. (c) The supervision of the district’s facilities and services. (d) The supervision of the district’s finances. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  76. 61052.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. District Officers [61050 - 61053] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    The county treasurer is generally the district treasurer and holds district money, while the board of directors and county treasurer must process and pay district claims and warrants in the order presented.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. District Officers [61050 - 61053] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61052. (a) Except as provided by Section 61053, the county treasurer of the principal county shall be treasurer of the district and shall be the depositary and have the custody of all of the district’s money. (b) All claims against a district shall be audited, allowed, and paid by the board of directors by warrants drawn on the county treasurer. (c) As an alternative to subdivision (b), the board of directors may instruct the county treasurer to audit, allow, and draw his or her warrant on the county treasury for all legal claims presented to him or her and authorized by the board of directors. (d) The county treasurer shall pay the warrants in the order in which they are presented. (e) If a warrant is presented for payment and the county treasurer cannot pay it for want of funds in the account on which it is drawn, the treasurer shall endorse the warrant, “NOT PAID BECAUSE OF INSUFFICIENT FUNDS” and sign his or her name and the date and time the warrant was presented. From that time until it is paid, the warrant bears interest at the maximum rate permitted pursuant to Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  77. 61053.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. District Officers [61050 - 61053] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district may use an alternative depositary, but the board must appoint a district treasurer, adopt required finance controls, designate a depositary, and ensure reporting and compliance duties are met.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. District Officers [61050 - 61053] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61053. (a) Notwithstanding Section 61052, a district may establish an alternative depositary pursuant to this section. (b) The board of directors shall appoint a district treasurer who shall serve in the place of the county treasurer. (c) The board of directors shall adopt a resolution that does each of the following: (1) State its intention to withdraw its money from the county treasury. (2) Fix the amount of the bond for the district treasurer and other district employees who will be responsible for handling the district’s finances. The district shall pay the cost of the bonds. (3) Adopt a system of accounting and auditing that shall completely and at all times show the district’s financial condition. The system of accounting and auditing shall adhere to generally accepted accounting principles. (4) Adopt a procedure for drawing and signing checks, provided that the procedure adheres to generally accepted accounting principles. The procedure shall provide that bond principal and salaries shall be paid when due. The procedure may provide that checks to pay claims and demands need not be approved by the board of directors before payment if the district treasurer determines that the claims and demands conform to the district’s approved budget. (5) Designate a bank, a savings and loan association, or a credit union as the depositary of the district’s money. A bank, savings and loan association, or credit union may act as a depositary, paying agent, or fiscal agency for the holding or handling of the district’s money, notwithstanding the fact that a member of the board of directors, whose funds are on deposit in that bank or savings and loan association is an officer, employee, or stockholder of that bank or savings and loan association, or of a holding company that owns any of the stock of that bank or savings and loan association. (d) The board of directors and the board of supervisors of the principal county shall determine a mutually acceptable date for the withdrawal of the district’s money from the county treasury, not to exceed 15 months from the date on which the board of directors adopts its resolution. (e) In implementing this section, the district shall comply with Article 1 (commencing with Section 53600) and Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5. Nothing in this section shall preclude the district treasurer from depositing the district’s money in the county treasury of the principal county or the State Treasury pursuant to Article 11 (commencing with Section 16429.1) of Chapter 2 of Part 2 of Division 4 of Title 2. (f) The district treasurer shall make quarterly or more frequent written reports to the board of directors, as the board of directors shall determine, regarding the receipts and disbursements and balances in the accounts controlled by the district treasurer. The district treasurer shall sign the reports and file them with the general manager. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  78. 6106.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Certain government actors and notaries public must not charge fees or compensation for affidavit or application services tied to pensions or pension vouchers.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6106. Neither the State, nor any county or city, nor any public officer or body acting in his official capacity on behalf of the State, any county, or city, including notaries public, shall receive any fee or compensation for services rendered in an affidavit, or application relating to the securing of a pension, or the payment of a pension voucher, or any matter relating thereto. (Enacted by Stats. 1943, Ch. 134.)
  79. 61060.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district has broad powers to carry out this division, including adopting ordinances, enforcing rules, acquiring property, hiring employees, entering contracts, and doing related necessary acts.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61060. A district shall have and may exercise all rights and powers, expressed and implied, necessary to carry out the purposes and intent of this division, including, but not limited to, the following powers: (a) To adopt ordinances following the procedures of Article 7 (commencing with Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3. (b) To adopt, by ordinance, and enforce rules and regulations for the administration, operation, and use and maintenance of the facilities and services listed in Part 3 (commencing with Section 61100). (c) To sue and be sued in its own name. (d) To acquire any real or personal property within or outside the district, by contract or otherwise, to hold, manage, occupy, dispose of, convey, and encumber the property, and to create a leasehold interest in the property for the benefit of the district. (e) To acquire by eminent domain any real or personal property within or outside the district. If a district acquires real or personal property of a public utility by eminent domain, the district shall also pay for the cost of the removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles that must be moved to a new location. (f) To appoint employees, to define their qualifications and duties, and to provide a schedule of compensation for performance of their duties. (g) To engage counsel and other professional services. (h) To enter into and perform all contracts, including, but not limited to, contracts pursuant to Article 43 (commencing with Section 20680) of Chapter 1 of Part 3 of the Public Contract Code. (i) To adopt a seal and alter it. (j) To enter joint powers agreements pursuant to the Joint Exercise of Powers Act, Chapter 5 (commencing with Section 6500) of Division 7 of Title 1. (k) To provide insurance pursuant to Part 6 (commencing with Section 989) of Division 3.6 of Title 1. (l) To provide training that will assist the members of the board of directors in the governance of the district. (m) To construct any works along, under, or across any street, road, or highway, subject to the consent of the governing body in charge, and along, under, or across any other property devoted to a public use. (n) To take any and all actions necessary for, or incidental to, the powers expressed or implied by this division. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  80. 61061.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A community services district board may change the district name by resolution, but the resolution must comply with specified rules, and the board must file copies of the resolution within 10 days. Districts formed or renaming on or after January 1, 2006, must include “community services district” in the name. Districts may also destroy records under a separate chapter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61061. (a) A district shall have perpetual succession. (b) A board of directors may, by resolution, change the name of the district. The resolution shall comply with the requirements of Chapter 23 (commencing with Section 7530) of Division 7 of Title 1. Notwithstanding Section 7530, any district formed on and after January 1, 2006, and any district that changes its name on or after January 1, 2006, shall have the words “community services district” within its name. Within 10 days of its adoption, the board of directors shall file a copy of its resolution with the Secretary of State, the State Board of Equalization, the county clerk, the county auditor, the board of supervisors, and the local agency formation commission of each county in which the district is located. (c) A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1. (Amended by Stats. 2009, Ch. 332, Sec. 70.5. (SB 113) Effective January 1, 2010.)
  81. 61062.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district must follow specified state articles when acquiring, improving, using, or disposing of certain real property.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61062. (a) When acquiring, improving, or using any real property, a district shall comply with Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5, and Article 7 (commencing with Section 65400) of Chapter 1 of Division 1 of Title 7. (b) When disposing of surplus land, a district shall comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5. (Amended by Stats. 2007, Ch. 343, Sec. 10. Effective January 1, 2008.)
  82. 61063.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    Each district must adopt purchasing policies and bidding regulations, and it may ask certain public purchasing authorities to buy goods or contract for services on its behalf.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61063. (a) Each district shall adopt policies and procedures, including bidding regulations, governing the purchasing of supplies and equipment not governed by Article 43 (commencing with Section 20680) of Chapter 1 of Part 3 of the Public Contract Code. Each district shall adopt these policies and procedures by rule or regulation pursuant to Article 7 (commencing with Section 54201) of Chapter 5 of Division 2 of Title 5. (b) A district may request the State Department of General Services to make purchases of materials, equipment, or supplies on its behalf pursuant to Section 10298 of the Public Contract Code. (c) A district may request the purchasing agent of the principal county to make purchases of materials, equipment, or supplies on its behalf pursuant to Article 7 (commencing with Section 25500) of Chapter 5 of Division 2 of Title 3. (d) A district may request the purchasing agent of the principal county to contract with persons to provide projects, services, and programs authorized by this division pursuant to Article 7 (commencing with Section 25500) of Chapter 5 of Division 2 of Title 3. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  83. 61064.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

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    A board of directors may let designated uniformed district employees issue citations in certain facilities, and district employees must issue citations under the Penal Code procedure. Violating a board rule, regulation, or ordinance is a misdemeanor, though a district citation for that violation may be processed as an infraction.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61064. (a) Violation of any rule, regulation, or ordinance adopted by a board of directors is a misdemeanor punishable pursuant to Section 19 of the Penal Code. (b) Any citation issued by a district for violation of a rule, regulation, or ordinance adopted by a board of directors may be processed as an infraction pursuant to subdivision (d) of Section 17 of the Penal Code. (c) To protect property and to preserve the peace at facilities owned or managed by a district, a board of directors may confer on designated uniformed district employees the power to issue citations for misdemeanor and infraction violations of state law, city or county ordinances, or district rules, regulations, or ordinances when the violation is committed within a facility and in the presence of the employee issuing the citation. District employees shall issue citations pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  84. 61065.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

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    The Meyers-Milias-Brown Act applies to all districts, and a board of directors may set up an employee relations system.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61065. (a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 applies to all districts. (b) A board of directors may establish an employee relations system that may include, but is not limited to, a civil service system or a merit system. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  85. 61066.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

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    A board of directors may require an employee or officer to be bonded, and the district must pay the bond cost.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61066. A board of directors may require any employee or officer to be bonded. The district shall pay the cost of the bonds. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  86. 61067.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A board of directors may set up programs that benefit its employees and board members, subject to Chapter 2 of Part 1 of Division 2 of Title 5.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61067. A board of directors may provide for any program for the benefit of its employees and members of the board of directors pursuant to Chapter 2 (commencing with Section 53200) of Part 1 of Division 2 of Title 5. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  87. 61068.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

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    A board of directors may let district members and employees attend professional or vocational meetings and conferences, and may reimburse documented, actual, necessary travel and incidental expenses for official business.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61068. A board of directors may authorize its members and the employees of the district to attend professional or vocational meetings and conferences. A board of directors may reimburse its members and the employees of the district for their documented, actual, and necessary traveling and incidental expenses while on official business. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3. (Amended by Stats. 2006, Ch. 643, Sec. 15. Effective January 1, 2007.)
  88. 61069.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

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    A district may request an inspection warrant, and district employees may enter property to inspect for, abate, or check compliance on public nuisances, subject to stated privacy and constitutional limits.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61069. (a) A district may request an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. The warrant shall state the location which it covers and shall state its purposes. A warrant may authorize district employees to enter property only to do one or more of the following: (1) Inspect to determine the presence of public nuisances that the district has the authority to abate. (2) Abate public nuisances, either directly or by giving notice to the property owner to abate the public nuisance. (3) Determine if a notice to abate a public nuisance has been complied with. (b) Where there is no reasonable expectation of privacy and subject to the limitations of the United States Constitution and the California Constitution, employees of a district may enter any property within the district for any of the following purposes: (1) Inspect the property to determine the presence of public nuisances that the district has the authority to abate. (2) Abate public nuisances, either directly or by giving notice to the property owner to abate the public nuisance. (3) Determine if a notice to abate a public nuisance has been complied with. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  89. 6107.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    Public entities and their officers or employees may not charge fees for certain military and veterans-record services, and certified copies may be released only to authorized recipients under stated proof requirements.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6107. (a) A public entity, including the state, a county, city, or other political subdivision, or any officer or employee thereof, including notaries public, shall not demand or receive any fee or compensation for doing any of the following: (1) Recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States. (2) Furnishing a certified copy of, or searching for, any public record that is to be used in an application or claim for a pension, allotment, allowance, compensation, insurance (including automatic insurance), or any other benefits under any act of Congress for service in the Armed Forces of the United States or under any law of this state relating to veterans’ benefits. (3) Furnishing a certified copy of, or searching for, any public record that is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans Administration. (4) Rendering any other service in connection with an application or claim referred to in paragraph (2) or (3). (b) A certified copy of any record referred to in subdivision (a) may be made available only to one of the following: (1) The person who is the subject of the record upon presentation of proper photo identification. (2) A family member or legal representative of the person who is the subject of the record upon presentation of proper photo identification and certification of their relationship to the subject of the record. (3) A state, county, or city office that provides veterans’ benefits services upon written request of that office. (4) A United States official upon written request of that official. A public officer or employee is liable on his or her official bond for failure or refusal to render the services. (c) (1) If the county recorder receives a written, faxed, or digitized image of a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States referred to in paragraph (1) of subdivision (a) that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester meets one of the descriptions in subdivision (b), the county recorder may furnish a certified copy to the requester pursuant to this section. (2) A faxed or digitized image of the notarized statement accompanying a faxed or digitized image of a request received pursuant to this subdivision for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States shall be legible. If the notary’s seal is not photographically reproducible, or does not show the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment, the county recorder shall not provide the certified copy. If a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person pursuant to subdivision (b), and that official may then furnish a certified copy to the applicant. (3) For purposes of this subdivision, “digitized image” of a request means an image of an original paper request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States. (Amended by Stats. 2016, Ch. 366, Sec. 3. (SB 974) Effective January 1, 2017.)
  90. 61070.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

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    A district may contract with listed public or tribal entities to provide authorized facilities, services, or programs, if it complies with Section 56133.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 2. INTERNAL ORGANIZATION [61020 - 61070] ( Part 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. General Powers [61060 - 61070] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61070. A district may contract with any local agency, state department or agency, federal department or agency, or any tribal government for the provision by or to the district of any facilities, services, or programs authorized by this division, within or without the district, subject to compliance with Section 56133. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  91. 6108.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    County or judicial district officers must not charge or receive a fee or compensation for certifying the oath of office or for filing or swearing to a claim or demand against a county.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6108. No officer of a county or judicial district shall charge or receive any fee or compensation for administering or certifying the oath of office or for filing or swearing to any claim or demand against any county in the State. (Amended by Stats. 1951, Ch. 1553.)
  92. 6109.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    County or judicial district officers who receive fees for official duty or service can be required to give the payer a written, itemized account and receipt it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6109. Every officer of a county or judicial district, upon receiving any fees for official duty or service, may be required by the person paying the fees to make out in writing and to deliver to the person a particular account of the fees. The account shall specify for what the fees, respectively, accrued, and the officer shall receipt it. If the officer refuses or neglects to do so when required, he is liable to the person paying the fees in treble the amount so paid. (Amended by Stats. 1951, Ch. 1553.)
  93. 6110.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    If the required fees are paid, the officer must perform the required services. If the officer fails or refuses, the officer is liable on the official bond.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6110. Upon payment of the fees required by law, the officer shall perform the services required. For every failure or refusal to do so, the officer is liable upon his official bond. (Enacted by Stats. 1943, Ch. 134.)
  94. 61100.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    A district may provide a wide range of local services and facilities within its boundaries, but some activities require written consent from the relevant public body or owner.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61100. Within its boundaries, a district may do any of the following: (a) Supply water for any beneficial uses, in the same manner as a municipal water district, formed pursuant to the Municipal Water District Law of 1911, Division 20 (commencing with Section 71000) of the Water Code. In the case of any conflict between that division and this division, the provisions of this division shall prevail. (b) Collect, treat, or dispose of sewage, wastewater, recycled water, and storm water, in the same manner as a sanitary district, formed pursuant to the Sanitary District Act of 1923, Division 6 (commencing with Section 6400) of the Health and Safety Code. In the case of any conflict between that division and this division, the provisions of this division shall prevail. (c) Collect, transfer, and dispose of solid waste, and provide solid waste handling services, including, but not limited to, source reduction, recycling, and composting activities, pursuant to Division 30 (commencing with Section 40000), and consistent with Section 41821.2 of the Public Resources Code. (d) Provide fire protection services, rescue services, hazardous material emergency response services, and ambulance services in the same manner as a fire protection district, formed pursuant to the Fire Protection District Law, Part 2.7 (commencing with Section 13800) of Division 12 of the Health and Safety Code. (e) Acquire, construct, improve, maintain, and operate recreation facilities, including, but not limited to, parks and open space, in the same manner as a recreation and park district formed pursuant to the Recreation and Park District Law, Chapter 4 (commencing with Section 5780) of Division 5 of the Public Resources Code. (f) Organize, promote, conduct, and advertise programs of community recreation, in the same manner as a recreation and park district formed pursuant to the Recreation and Park District Law, Chapter 4 (commencing with Section 5780) of Division 5 of the Public Resources Code. (g) Acquire, construct, improve, maintain, and operate street lighting and landscaping on public property, public rights-of-way, and public easements. (h) Provide for the surveillance, prevention, abatement, and control of vectors and vectorborne diseases in the same manner as a mosquito abatement and vector control district formed pursuant to the Mosquito Abatement and Vector Control District Law, Chapter 1 (commencing with Section 2000) of Division 3 of the Health and Safety Code. (i) Provide police protection and law enforcement services by establishing and operating a police department that employs peace officers pursuant to Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (j) Provide security services, including, but not limited to, burglar and fire alarm services, to protect lives and property. (k) Provide library services, in the same manner as a library district formed pursuant to either Chapter 8 (commencing with Section 19400) or Chapter 9 (commencing with Section 19600) of Part 11 of the Education Code. (l) Acquire, construct, improve, and maintain streets, roads, rights-of-way, bridges, culverts, drains, curbs, gutters, sidewalks, and any incidental works. A district shall not acquire, construct, improve, or maintain any work owned by another public agency unless that other public agency gives its written consent. (m) Convert existing overhead electric and communications facilities, with the consent of the public agency or public utility that owns the facilities, to underground locations pursuant to Chapter 28 (commencing with Section 5896.1) of Part 3 of Division 7 of the Streets and Highways Code. (n) Provide emergency medical services pursuant to the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (o) Provide and maintain public airports and landing places for aerial traffic, in the same manner as an airport district formed pursuant to the California Airport District Act, Part 2 (commencing with Section 22001) of Division 9 of the Public Utilities Code. (p) Provide transportation services. (q) Abate graffiti. (r) Plan, design, construct, improve, maintain, and operate flood protection facilities. A district shall not plan, design, construct, improve, maintain, or operate flood protection facilities within the boundaries of another special district that provides those facilities unless the other special district gives its written consent. A district shall not plan, design, construct, improve, maintain, or operate flood protection facilities in unincorporated territory unless the board of supervisors gives its written consent. A district shall not plan, design, construct, improve, maintain, or operate flood protection facilities within a city unless the city council gives its written consent. (s) Acquire, construct, improve, maintain, and operate community facilities, including, but not limited to, community centers, libraries, theaters, museums, cultural facilities, and child care facilities. (t) Abate weeds and rubbish pursuant to Part 5 (commencing Section 14875) of the Health and Safety Code. For that purpose, the board of directors shall be deemed to be a “board of supervisors” and district employees shall be deemed to be the “persons” designated by Section 14890 of the Health and Safety Code. (u) Acquire, construct, improve, maintain, and operate hydroelectric power generating facilities and transmission lines, consistent with the district’s water supply and wastewater operations. The power generated shall be used for district purposes, or sold to a public utility or another public agency that generates, uses, or sells electrical power. A district shall not acquire hydroelectric power generating facilities unless the facilities’ owner agrees. (v) Acquire, construct, improve, maintain, and operate television translator facilities. (w) Remove snow from public streets, roads, easements, and rights-of-way. A district may remove snow from public streets, roads, easements, and rights-of-way owned by another public agency, only with the written consent of that other public agency. (x) Provide animal control services pursuant to Section 30501 of the Food and Agricultural Code. Whenever the term “board of supervisors,” “county,” “county clerk,” or “animal control officer” is used in Division 14 (commencing with Section 30501) of the Food and Agricultural Code, those terms shall also be deemed to include the board of directors of a district, a district, the general manager of the district, or the animal control officer of a district, respectively. A district shall not provide animal control services in unincorporated territory unless the county board of supervisors gives its written consent. A district shall not provide animal control services within a city unless the city council gives its written consent. (y) Control, abate, and eradicate pests, in the same manner as a pest abatement district, formed pursuant to Chapter 8 (commencing with Section 2800) of Division 3 of the Health and Safety Code. A district’s program to control, abate, or eradicate local pine bark beetle infestations shall be consistent with any required plan or program approved by the Department of Forestry and Fire Protection. (z) Construct, maintain, and operate mailboxes on a district’s property or rights-of-way. (aa) Provide mail delivery service under contract to the United States Postal Service. (ab) Own, operate, improve, and maintain cemeteries and provide interment services, in the same manner as a public cemetery district, formed pursuant to the Public Cemetery District Law, Part 4 (commencing with Section 9000) of Division 8 of the Health and Safety Code. (ac) Finance the operations of area planning commissions formed pursuant to Section 65101. (ad) Finance the operations of municipal advisory councils formed pursuant to Section 31010. (ae) Acquire, own, improve, maintain, and operate land within or without the district for habitat mitigation or other environmental protection purposes to mitigate the effects of projects undertaken by the district. (af) Construct, own, improve, maintain, and operate broadband facilities and provide broadband services. For purposes of this section, broadband has the same meaning as in subdivision (a) of Section 5830 of the Public Utilities Code. A district shall comply with Article 12 (commencing with Section 53167) of Chapter 1 of Part 1 of Division 2 of Title 5 when providing broadband services pursuant to this subdivision. If the district later determines that a private person or entity is ready, willing, and able to acquire, construct, improve, maintain, and operate broadband facilities and to provide broadband services, and to sell those services at a comparable cost and quality of service as provided by the district, the district may do one of the following: (1) Diligently transfer its title, ownership, maintenance, control, and operation of those broadband facilities and services at a fair market value to that private person or entity. (2) Lease the operation of those broadband facilities at a fair market value to that private person or entity. (Amended by Stats. 2018, Ch. 963, Sec. 5. (AB 1999) Effective January 1, 2019.)
  95. 61101.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    A district may provide certain authorized facilities and services outside its boundaries, but only subject to Section 56133.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61101. A district may provide the facilities and services authorized by Section 61100 outside its boundaries, subject to Section 56133. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  96. 61102.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    A district may provide electricity within its boundaries if it has been designated as the successor to an extinguished special district that previously provided electricity under its principal act.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61102. A district may provide electricity within its boundaries if the local agency formation commission designated the district as the successor to another special district that was extinguished as the result of any change of organization or reorganization, and that other special district had provided electricity pursuant to the principal act under which that other special district had operated. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  97. 61103.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    A district doing certain street and road works has the powers, duties, and authority of a county for those works, but may not use those powers for works owned by another public agency without written consent from that agency.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61103. (a) A district that acquires, constructs, improves, and maintains streets, roads, rights-of-way, bridges, culverts, drains, curbs, gutters, sidewalks, and any incidental works pursuant to subdivision (l) of Section 61100 shall have the powers, duties, and authority of a county for those works, including, but not limited to, the following: (1) Chapter 2 (commencing with Section 940), Chapter 5.5 (commencing with Section 1450), and Chapter 6 (commencing with Section 1480) of Division 2 of the Streets and Highways Code. (2) Part 3 (commencing with Section 8300) of the Streets and Highways Code. (3) Division 11 (commencing with Section 21000) of the Vehicle Code. (4) Article 4 (commencing with Section 35700) of Chapter 5 of Division 15 of the Vehicle Code. (b) A district shall not exercise those powers, duties, and authority for any of those works if it is owned by another public agency unless that other public agency gives its written consent. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  98. 61104.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    A district may grant franchises for certain street and infrastructure work, but it must not grant a franchise over work owned by another public agency unless that agency consents.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61104. (a) A district that acquires, constructs, improves, and maintains streets, roads, rights-of-way, bridges, culverts, drains, curbs, gutters, sidewalks, and any incidental work pursuant to subdivision (l) of Section 61100 may grant franchises pursuant to any of the following: (1) Section 53066. (2) Chapter 6 (commencing with Section 49500) of Part 8 of Division 30 of the Public Resources Code. (3) Division 3 (commencing with Section 6001) of the Public Utilities Code. (b) A district shall not grant a franchise over any work owned by another public agency unless that other public agency gives its consent. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  99. 61105.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    This section gives certain community services districts special powers and also limits or conditions some of those powers.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61105. (a) The Legislature finds and declares that the unique circumstances that exist in certain communities justify the enactment of special statutes for specific districts. In enacting this section, the Legislature intends to provide specific districts with special statutory powers to provide special services and facilities that are not available to other districts. (b) (1) The Los Osos Community Services District may borrow money from public or private lenders and lend those funds to property owners within the district to pay for the costs of decommissioning septic systems and constructing lateral connections on private property to facilitate the connection of those properties to the district’s wastewater treatment system. The district shall lend money for this purpose at rates not to exceed its cost of borrowing and the district’s cost of making the loans. The district may require that the borrower pay the district’s reasonable attorney’s fees and administrative costs in the event that the district is required to take legal action to enforce the provisions of the contract or note securing the loan. The district may elect to have the debt payments or any delinquency collected on the tax roll pursuant to Section 61116. To secure the loan as a lien on real property, the district shall follow the procedures for the creation of special tax liens in Section 53328.3 of this code and Section 3114.5 of the Streets and Highways Code. (2) (A) (i) Except as otherwise provided in this paragraph, on and after January 1, 2007, the Los Osos Community Services District shall not undertake any efforts to design, construct, and operate a community wastewater collection and treatment system within, or for the benefit of, the district. The district shall resume those powers on the date specified in any resolution adopted pursuant to subdivision (l) of Section 25825.5. (ii) Upon resuming the powers pursuant to clause (i), the Los Osos Community Services District may continue the program to offset assessments or charges for very low or low-income households with funding sources, including, but not limited to, grants, adopted pursuant to subdivision (g) of Section 25825.5. If the county has not implemented that program, the Los Osos Community Services District may adopt a program that complies with subdivision (g) of Section 25825.5 to offset assessments or charges for very low or low-income households. The Los Osos Community Services District shall not include in an assessment or charge an amount to cover the costs to the county in carrying out the offset program. (B) Nothing in this paragraph shall affect the district’s power to do any of the following: (i) Operate wastewater collection and treatment facilities within the district that the district was operating on January 1, 2006. (ii) Provide facilities and services in the territory that is within the district, but outside the prohibition zone. (iii) Provide facilities and services, other than wastewater collection and treatment, within the prohibition zone. (C) Promptly upon the adoption of a resolution by the Board of Supervisors of the County of San Luis Obispo requesting this action pursuant to subdivision (i) of Section 25825.5, the district shall convey to the County of San Luis Obispo all retained rights-of-way, licenses, other interests in real property, funds, and other personal property previously acquired by the district in connection with construction projects for which the district awarded contracts in 2005. (c) The Heritage Ranch Community Services District may acquire, construct, improve, maintain, and operate petroleum storage tanks and related facilities for its own use, and sell those petroleum products to the district’s property owners, residents, and visitors. The authority granted by this subdivision shall expire when a private person or entity is ready, willing, and able to acquire, construct, improve, maintain, and operate petroleum storage tanks and related facilities, and sell those petroleum products to the district and its property owners, residents, and visitors. At that time, the district shall either (1) diligently transfer its title, ownership, maintenance, control, and operation of those petroleum tanks and related facilities at a fair market value to that private person or entity, or (2) lease the operation of those petroleum tanks and related facilities at a fair market value to that private person or entity. (d) The Wallace Community Services District may acquire, own, maintain, control, or operate the underground gas distribution pipeline system located and to be located within Wallace Lake Estates for the purpose of allowing a privately owned provider of liquefied petroleum gas to use the underground gas distribution system pursuant to a mutual agreement between the private provider and the district or the district’s predecessor in interest. The district shall require and receive payment from the private provider for the use of that system. The authority granted by this subdivision shall expire when the Pacific Gas and Electric Company is ready, willing, and able to provide natural gas service to the residents of Wallace Lake Estates. At that time, the district shall diligently transfer its title, ownership, maintenance, control, and operation of the system to the Pacific Gas and Electric Company. (e) The Cameron Park Community Services District, the El Dorado Hills Community Services District, the Golden Hills Community Services District, the Mountain House Community Services District, the Rancho Murieta Community Services District, the Salton Community Services District, the Stallion Springs Community Services District, and the Tenaja Meadows Community Services District, which enforced covenants, conditions, and restrictions prior to January 1, 2006, pursuant to former Section 61601.7 and former Section 61601.10, may continue to exercise the powers set forth in former Section 61601.7 and former Section 61601.10. (f) (1) The Bel Marin Keys Community Services District may enforce all or part of the covenants, conditions, and restrictions for a tract, and assume the duties of the architectural control committee, to the extent that a tract’s covenants, conditions, and restrictions authorize an architectural control committee. Before the district can enforce covenants, conditions, and restrictions, and assume the duties of an architectural control committee, for a tract, the board of directors shall: (A) Receive a written request from the board of directors of the tract’s property owners’ association or homeowners’ association, with a petition signed by not less than a majority of the property owners of the parcels within the tracts covered by those associations, requesting the district to enforce the covenants, conditions, and restrictions for that tract and assume the duties of the architectural control committee for that tract, if an architectural control committee is called for in the covenants, conditions, and restrictions. (B) Conduct a public hearing on the question, after giving mailed notice to each affected property owner of the date, time, and location of the meeting. (C) Submit an application to the local agency formation commission pursuant to Section 56824.10, specifying the exact nature and scope of the intended services to be provided by the district. (D) Receive the approval of the local agency formation commission, pursuant to Article 1.5 (commencing with Section 56824.10) of Chapter 5 of Part 3 of Division 3 of Title 5, which may include completion terms deemed appropriate by the commission, to enforce covenants, conditions, and restrictions for a tract, and to assume the duties of the architectural control committee for that tract. (E) Adopt an ordinance assuming the power to enforce covenants, conditions, and restrictions for a tract, and to assume the duties of the architectural control committee for that tract, provided that the ordinance requires: (i) The property owners within the tract to finance the enforcement of the covenants, conditions, and restrictions, and the duties of the architectural control committee. (ii) The tract’s property owners’ association or homeowners’ association to indemnify the district for the costs of any litigation, settlements, injuries, damages, or judgments arising from enforcement of the covenants, conditions, and restrictions, and the district’s duties as the architectural control committee. (2) The Bel Marin Keys Community Services District may, by ordinance, divest itself of the power undertaken under this subdivision. (g) The Bear Valley Community Services District, the Bell Canyon Community Services District, the Cameron Estates Community Services District, the Lake Sherwood Community Services District, the Saddle Creek Community Services District, the Wallace Community Services District, and the Santa Rita Hills Community Services District may, for roads owned by the district and that are not formally dedicated to or kept open for use by the public for the purpose of vehicular travel, by ordinance, limit access to and the use of those roads to the landowners and residents of that district. (h) Notwithstanding any other provision of law, the transfer of the assets of the Stonehouse Mutual Water Company, including its lands, easements, rights, and obligations to act as sole agent of the stockholders in exercising the riparian rights of the stockholders, and rights relating to the ownership, operation, and maintenance of those facilities serving the customers of the company, to the Hidden Valley Lake Community Services District is not a transfer subject to taxes imposed by Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. (i) The El Dorado Hills Community Services District and the Rancho Murieta Community Services District may each acquire, construct, improve, maintain, and operate television receiving, translating, or distribution facilities, provide television and television-related services to the district and its residents, or authorize the construction and operation of a cable television system to serve the district and its residents by franchise or license. In authorizing the construction and operation of a cable television system by franchise or license, the district shall have the same powers as a city or county under Section 53066. (j) The Mountain House Community Services District may provide facilities for television and telecommunications systems, including the installation of wires, cables, conduits, fiber optic lines, terminal panels, service space, and appurtenances required to provide television, telecommunication, and data transfer services to the district and its residents, and provide facilities for a cable television system, including the installation of wires, cables, conduits, and appurtenances to service the district and its residents by franchise or license, except that the district may not provide or install any facilities pursuant to this subdivision unless one or more cable franchises or licenses have been awarded under Section 53066 and the franchised or licensed cable television and telecommunications services providers are permitted equal access to the utility trenches, conduits, service spaces, easements, utility poles, and rights-of-way in the district necessary to construct their facilities concurrently with the construction of the district’s facilities. The district shall not have the authority to operate television, cable, or telecommunications systems, except as provided in Section 61100. The district shall have the same powers as a city or county under Section 53066 in granting a franchise or license for the operation of a cable television system. (Amended by Stats. 2024, Ch. 78, Sec. 1. (SB 1405) Effective January 1, 2025.)
  100. 61106.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    A district must get approval from the local agency formation commission before a board of directors can exercise a latent power.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61106. (a) If a board of directors desires to exercise a latent power, the district shall first receive the approval of the local agency formation commission, pursuant to Article 1.5 (commencing with Section 56824.10) of Chapter 5 of Part 3 of Division 3. (b) After receiving the approval of the local agency formation commission, the board of directors may, by ordinance, order the exercise of that power. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  101. 61107.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    A district board may divest an authorized power by ordinance, but some divestitures require approval from the local agency formation commission first.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 1. Authorized Services and Facilities [61100 - 61107] ( Chapter 1 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61107. (a) If a board of directors desires to divest itself of a power that is authorized pursuant to this chapter and if the termination of that power would require another public agency to provide a new or higher level of services or facilities, the district shall first receive the approval of the local agency formation commission. To the extent feasible, the local agency formation commission shall proceed pursuant to Article 1.5 (commencing with Section 56824.10) of Chapter 5 of Part 3 of Division 3. After receiving the approval of the local agency formation commission, the board of directors may, by ordinance, divest itself of that power. (b) Notwithstanding subdivision (a) of Section 56824.14, the local agency formation commission shall not, after a public hearing called and held for that purpose pursuant to subdivisions (b) and (c) of Section 56824.14, approve a district’s proposal to exercise a latent power if the local agency formation commission determines that another local agency already provides substantially similar services or facilities to the territory where the district proposes to exercise that latent power. (c) If a board of directors desires to divest itself of a power that is authorized pursuant to this chapter and if the termination of that power would not require another public agency to provide a new or higher level of services or facilities, the board of directors may, by ordinance, divest itself of that power. (Amended by Stats. 2006, Ch. 643, Sec. 16. Effective January 1, 2007.)
  102. 6111.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    Starting July 1, 2021, unpaid balances of certain court-imposed costs become unenforceable and uncollectible, and any judgment portion imposing those costs must be vacated.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Fees [6100 - 6111] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 6111. (a) On and after July 1, 2021, the unpaid balance of any court-imposed costs pursuant to Section 27712, subdivision (c) or (f) of Section 29550, and Sections 29550.1, 29550.2, and 29550.3, as those sections read on June 30, 2021, is unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated. (b) This section shall become operative on July 1, 2021. (Added by Stats. 2020, Ch. 92, Sec. 11. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.)
  103. 61110.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    The board of directors may adopt a preliminary budget and divide it into categories, but must publish a budget notice and later adopt a final budget on the stated schedule.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61110. (a) On or before July 1 of each year or, for districts using two one-year budgets or a biennial budget, every other year, the board of directors may adopt a preliminary budget that conforms to generally accepted accounting and budgeting procedures for special districts. (b) The board of directors may divide the preliminary budget into categories, including, but not limited to, the following: (1) Maintenance and operation. (2) Services and supplies. (3) Employee compensation. (4) Capital outlay. (5) Interest and redemption for indebtedness. (6) Designated reserve for capital outlay. (7) Designated reserve for contingencies. (c) On or before July 1 of each year or, for districts using two one-year budgets or a biennial budget, every other year, the board of directors shall publish a notice stating all of the following: (1) Either that it has adopted a preliminary budget or that the general manager has prepared a proposed final budget which is available for inspection at a time and place within the district specified in the notice. (2) The date, time, and place when the board of directors will meet to adopt the final budget and that any person may appear and be heard regarding any item in the budget or regarding the addition of other items. (d) The board of directors shall publish the notice at least two weeks before the hearing in at least one newspaper of general circulation in the district pursuant to Section 6061. (e) At the time and place specified for the hearing, any person may appear and be heard regarding any item in the budget or regarding the addition of other items. The hearing on the budget may be continued from time to time. (f) On or before September 1 of each year or, for districts using two one-year budgets or a biennial budget, every other year, the board of directors shall adopt a final budget that conforms to generally accepted accounting and budgeting procedures for special districts. The general manager shall forward a copy of the final budget to the auditor of each county in which the district is located. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  104. 61111.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

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    The board of directors may amend the budget and transfer funds between budget categories, but not from the designated reserves for capital outlay or contingencies.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61111. (a) At any regular meeting or properly noticed special meeting after the adoption of its final budget, the board of directors may adopt a resolution amending the budget and ordering the transfer of funds between categories, other than transfers from the designated reserve for capital outlay and the designated reserve for contingencies. (b) The board of directors may authorize the general manager to transfer funds between budget categories, other than transfers from the designated reserve for capital outlay and the designated reserve for contingencies. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  105. 61112.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A board of directors may create reserve funds, but if it does, it must state the reserve’s exclusive purposes and use the money only for those purposes.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61112. (a) In its budget, the board of directors may establish a designated reserve for capital outlay and a designated reserve for contingencies. When the board of directors establishes a designated reserve, it shall declare the exclusive purposes for which the funds in the reserve may be spent. The funds in the designated reserve shall be spent only for the exclusive purposes for which the board of directors established the designated reserve. The reserves shall be maintained according to generally accepted accounting principles. (b) Any time after the establishment of a designated reserve, the board of directors may transfer any funds to that designated reserve. (c) If the board of directors finds that the funds in a designated reserve are no longer required for the purpose for which it established the designated reserve, the board of directors may, by a four-fifths vote of the total membership of the board of directors, discontinue the designated reserve or transfer any funds that are no longer required from the designated reserve to the district’s general fund. (d) Notwithstanding any other provision of this section, in a state of emergency or in a local emergency, as defined in Section 8558, a board of directors may temporarily transfer funds from the designated reserve for capital outlay or the designated reserve for contingencies to the district’s general fund. The board of directors shall restore these funds to the designated reserves when feasible. (e) The board of directors of each district that has designated an alternative depositary pursuant to Section 61053 and appointed a district treasurer shall adopt and annually review a policy for the management of reserves. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  106. 61113.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    The board of directors must adopt an annual resolution by July 1 establishing any appropriations limit and making other necessary determinations for the next fiscal year.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61113. (a) On or before July 1 of each year, the board of directors shall adopt a resolution establishing its appropriations limit, if any, and make other necessary determinations for the following fiscal year pursuant to Article XIII B of the California Constitution and Division 9 (commencing with Section 7900). (b) Pursuant to subdivision (c) of Section 9 of Article XIII B of the California Constitution, this section shall not apply to a district which existed on January 1, 1978, and which did not as of the 1977-78 fiscal year levy an ad valorem tax on property in excess of 121/2 cents per one hundred dollars ($100) of assessed value. (c) This section shall not apply to any district that has previously transferred services and all of the property tax revenue allocation associated with those services to another local agency. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  107. 61114.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    County auditors must allocate each district its share of property tax revenue under the specified Revenue and Taxation Code chapter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61114. The auditor of each county in which a district is located shall allocate to the district its share of property tax revenue pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  108. 61115.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    This section lets a district board set and collect service charges, add limited penalties for nonpayment, and use tax-roll or lien collection methods.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61115. (a) The board of directors may, by resolution or ordinance, do the following: (1) Establish rates or other charges for services and facilities that the district provides. (2) Provide for the collection and enforcement of those rates or other charges. (3) Among the permissible methods for collection and enforcement are: (A) To provide that the charges for any of these services and facilities may be collected with the rates or charges for any other services and facilities provided by the district, and that all charges may be billed on the same bill and collected as one item. (B) To provide that if all or part of a bill is not paid, the district may discontinue any or all services. (C) To provide for a basic penalty for the nonpayment of charges of not more than 10 percent, plus an additional penalty of not more than 1 percent per month for the nonpayment of the charges and the basic penalty. The board of directors may provide for the collection of these penalties. (b) The board of directors may provide that any charges and penalties may be collected on the tax roll in the same manner as property taxes. The general manager shall prepare and file with the board of directors a report that describes each affected parcel of real property and the amount of charges and delinquencies for each affected parcel for the year. The general manager shall give notice of the filing of the report and of the time and place for a public hearing by publishing the notice pursuant to Section 6066 in a newspaper of general circulation, and by mailing the notice to the owner of each affected parcel. At the public hearing, the board of directors shall hear and consider any objections or protests to the report. At the conclusion of the public hearing, the board of directors may adopt or revise the charges and penalties. The board of directors shall make its determination on each affected parcel and its determinations shall be final. On or before August 10 of each year following these determinations, the general manager shall file with the county auditor a copy of the final report adopted by the board of directors. The county auditor shall enter the amount of the charges and penalties against each of the affected parcels of real property as they appear on the current assessment roll. The county tax collector shall include the amount of the charges and penalties on the tax bills for each affected parcel of real property and collect the charges and penalties in the same manner as property taxes. (c) The board of directors may recover any charges and penalties by recording in the office of the county recorder of the county in which the affected parcel is located, a certificate declaring the amount of the charges and penalties due, the name and last known address of the person liable for those charges and penalties. From the time of recordation of the certificate, the amount of the charges and penalties constitutes a lien against all real property of the delinquent property owner in that county. This lien shall have the force, effect, and priority of a judgment lien. Within 30 days of receipt of payment for all amounts due, including the recordation fees paid by the district, the district shall record a release of the lien. In filing any instrument for recordation, the district shall pay the fees required by Article 5 (commencing with Section 27360) of Chapter 6 of Part 3 of Title 3. (d) A district shall reimburse the county for the reasonable expenses incurred by the county pursuant to this section. (e) Any remedies for the collection and enforcement of rates or other charges are cumulative and the district may pursue remedies alternatively or consecutively. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  109. 61116.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district may accept revenue, money, grants, goods, or services for lawful district purposes, and may borrow money and incur indebtedness under specified articles.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61116. (a) A district may accept any revenue, money, grants, goods, or services from any federal, state, regional, or local agency or from any person for any lawful purpose of the district. (b) In addition to any other existing authority, a district may borrow money and incur indebtedness pursuant to Article 7 (commencing with Section 53820), Article 7.4 (commencing with Section 53835),Article 7.5 (commencing with Section 53840), Article 7.6 (commencing with Section 53850), and Article 7.7 (commencing with Section 53859) of Chapter 4 of Part 1 of Division 2 of Title 5. (Amended by Stats. 2010, Ch. 699, Sec. 18.5. (SB 894) Effective January 1, 2011.)
  110. 61117.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    The board of directors may establish a revolving fund if it does so under the cited Article 15 provision.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61117. The board of directors may establish a revolving fund pursuant to Article 15 (commencing with Section 53950) of Chapter 4 of Part 1 of Division 2 of Title 5. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  111. 61118.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    The board of directors must arrange regular audits of the district’s accounts and records, and arrange annual financial reports to the Controller.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61118. (a) The board of directors shall provide for regular audits of the district’s accounts and records pursuant to Section 26909. (b) The board of directors shall provide for the annual financial reports to the Controller pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  112. 61119.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    Claims for money or damages against a district are handled under specified claims procedures in Title 1, Division 3.6.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 2. Finance [61110 - 61119] ( Chapter 2 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61119. All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  113. 61120.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Alternative Revenues [61120 - 61124] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    If the board of directors finds district revenue is not enough, it may raise revenues under this chapter or other law.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Alternative Revenues [61120 - 61124] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61120. Whenever the board of directors determines that the amount of revenue available to the district or any of its zones is inadequate to meet the costs of operating and maintaining the facilities, programs, and services authorized by this division, the board of directors may raise revenues pursuant to this chapter or any other provision of law. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  114. 61121.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Alternative Revenues [61120 - 61124] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district may levy special taxes under specified laws, and those taxes must be applied uniformly, except that unimproved property may be taxed at a lower rate than improved property.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Alternative Revenues [61120 - 61124] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61121. A district may levy special taxes pursuant to: (a) Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5. The special taxes shall be applied uniformly to all taxpayers or all real property within the district, except that unimproved property may be taxed at a lower rate than improved property. (b) The Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  115. 61122.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Alternative Revenues [61120 - 61124] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district may levy benefit assessments for operations and maintenance if they are consistent with Article XIII D of the California Constitution.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Alternative Revenues [61120 - 61124] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61122. A district may levy benefit assessments for operations and maintenance consistent with the requirements of Article XIII D of the California Constitution, including, but not limited to, benefit assessments levied pursuant to any of the following: (a) The Improvement Act of 1911, Division 7 (commencing with Section 5000) of the Streets and Highways Code. (b) The Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the Streets and Highways Code. (c) The Municipal Improvement Act of 1913, Division 12 (commencing with Section 10000) of the Streets and Highways Code. (d) The Landscaping and Lighting Assessment Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code, notwithstanding Section 22501 of the Streets and Highways Code. (e) Any other statutory authorization enacted on or after January 1, 2006. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  116. 61123.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Alternative Revenues [61120 - 61124] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district board may charge certain fees, but they cannot exceed the district’s reasonable costs, and special procedures apply for property-related fee increases.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Alternative Revenues [61120 - 61124] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61123. (a) A board of directors may charge a fee to cover the cost of any service which the district provides or the cost of enforcing any regulation for which the fee is charged. No fee shall exceed the costs reasonably borne by the district in providing the service or enforcing the regulation for which the fee is charged. (b) Before imposing or increasing any fee for property-related services, a board of directors shall follow the procedures in Section 6 of Article XIII D of the California Constitution. (c) A board of directors may charge residents or taxpayers of the district a fee authorized by this section that is less than the fee which it charges nonresidents or nontaxpayers. (d) A board of directors may authorize district employees to waive the payment, in whole or in part, of a fee authorized by this section when the board of directors determines that payment would not be in the public interest. Before authorizing any waiver, a board of directors shall adopt a resolution that specifies the policies and procedures governing waivers. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  117. 61124.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Alternative Revenues [61120 - 61124] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district may charge standby charges for water or sewer services, and it must follow Section 53753 procedures for proposed new, increased, or extended assessments.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 3. Alternative Revenues [61120 - 61124] ( Chapter 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61124. (a) A district may charge standby charges for water, sewer, or water and sewer services pursuant to the Uniform Standby Charge Procedures Act, Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5. (b) If the procedures set forth in the former Chapter 1 (commencing with Section 61750) of the former Part 6 of the former Division 1 as it read at the time a standby charge was established were followed, the district may, by resolution, continue to collect the charge in successive years at the same rate from parcels within the district to which water or sewers are made available for any purpose by the district, whether the water or sewers are actually used or not. If new, increased, or extended assessments are proposed, the district shall comply with the notice, protest, and hearing procedures in Section 53753. (Amended by Stats. 2007, Ch. 27, Sec. 10. Effective January 1, 2008.)
  118. 61125.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. Capital Financing [61125 - 61131] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    If the board of directors finds district or zone revenue is inadequate, it may incur debt and raise revenue.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. Capital Financing [61125 - 61131] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61125. Whenever the board of directors determines that the amount of revenue available to the district or any of its zones is inadequate to acquire, construct, improve, rehabilitate, or replace the facilities authorized by this division, or for funding or refunding any outstanding indebtedness, the board of directors may incur debt and raise revenues pursuant to this chapter or any other provision of law. (Repealed and added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  119. 61126.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. Capital Financing [61125 - 61131] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district board may use the specified Public Resources Code procedure to incur general obligation bond debt for acquiring or improving real property, but the district may not exceed a 15% limit tied to assessed value of taxable property.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. Capital Financing [61125 - 61131] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61126. (a) Whenever a board of directors determines that it is necessary to incur a general obligation bond indebtedness for the acquisition or improvement of real property, the board of directors may proceed pursuant to Article 11 (commencing with Section 5790) of Chapter 4 of Division 5 of the Public Resources Code. (b) Notwithstanding subdivision (a), a district shall not incur bonded indebtedness pursuant to this section that exceeds 15 percent of the assessed value of all taxable property in the district at the time that the bonds are issued. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  120. 61127.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. Capital Financing [61125 - 61131] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A board of directors may finance any enterprise and issue revenue bonds under the Revenue Bond Law of 1941.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. Capital Financing [61125 - 61131] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61127. A board of directors may finance any enterprise and issue revenue bonds pursuant to the Revenue Bond Law of 1941, Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  121. 61128.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. Capital Financing [61125 - 61131] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district may finance facilities and issue bonds under the Mello-Roos Community Facilities Act of 1982.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. Capital Financing [61125 - 61131] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61128. A district may finance facilities and issue bonds pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  122. 61129.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. Capital Financing [61125 - 61131] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district may levy benefit assessments to finance facilities if the assessments are consistent with Article XIII D of the California Constitution.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. Capital Financing [61125 - 61131] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61129. A district may levy benefit assessments to finance facilities consistent with the requirements of Article XIII D of the California Constitution, including, but not limited to, benefit assessments levied pursuant to any of the following: (a) The Improvement Act of 1911, Division 7 (commencing with Section 5000) of the Streets and Highways Code. (b) The Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the Streets and Highways Code. (c) The Municipal Improvement Act of 1913, Division 12 (commencing with Section 10000) of the Streets and Highways Code. (d) The Landscaping and Lighting Assessment Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code, notwithstanding Section 22501 of the Streets and Highways Code. (e) Any other statutory authorization enacted on or after January 1, 2006. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  123. 61130.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. Capital Financing [61125 - 61131] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district may acquire and improve land, facilities, or equipment, and may issue securitized limited obligation notes under the referenced article.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. Capital Financing [61125 - 61131] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61130. A district may acquire and improve land, facilities, or equipment and issue securitized limited obligation notes pursuant to Article 7.4 (commencing with Section 53835) of Chapter 4 of Part 1 of Division 2 of Title 5. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  124. 61131.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. Capital Financing [61125 - 61131] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district may issue promissory notes to borrow money for lawful purposes, but its outstanding indebtedness under this section is capped at 5% of certain prior-year revenues and must be repaid within five years.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 4. Capital Financing [61125 - 61131] ( Chapter 4 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61131. (a) A district may issue promissory notes to borrow money and incur indebtedness for any lawful purpose, including, but not limited to, the payment of current expenses, pursuant to this section. (b) The total amount of indebtedness incurred pursuant to this section outstanding at any one time shall not exceed 5 percent of the district’s total enterprise and nonenterprise revenues in the preceding fiscal year. Any indebtedness incurred pursuant to this section shall be repaid within five years from the date on which it is incurred. Any indebtedness incurred pursuant to this section shall bear interest at a rate which shall not exceed the rate permitted under Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5. (c) Each indebtedness incurred pursuant to this section shall be authorized by resolution adopted by a four-fifths vote of the total membership of the board of directors and shall be evidenced by a promissory note signed by the president of the board of directors and the general manager. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  125. 61140.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. Zones [61140 - 61226.5] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district board may form zones when it finds that different services, facilities, levels of service, or additional revenues are in the public interest, and it must follow specified resolution, hearing, notice, and mailing steps.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. Zones [61140 - 61226.5] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61140. (a) Whenever a board of directors determines that it is in the public interest to provide different services, provide different levels of service, provide different facilities, or raise additional revenues within specific areas of the district, it may form one or more zones pursuant to this chapter. (b) The board of directors shall initiate proceedings for the formation of a new zone by adopting a resolution that does all of the following: (1) States that the proposal is made pursuant to this chapter. (2) Sets forth a description of the boundaries of the territory to be included in the zone. (3) States the reasons for forming the zone. (4) States the different services, different levels of service, different facilities, or additional revenues that the zone will provide. (5) Sets forth the methods by which those services, levels of service, or facilities will be financed. (6) Proposes a name or number for the zone. (c) A proposal to form a new zone may also be initiated by a petition signed by not less than 10 percent of the registered voters residing within the proposed zone. The petition shall contain all of the matters required by subdivision (b). (d) Upon the adoption of a resolution or the receipt of a valid petition, the board of directors shall fix the date, time, and place for the public hearing on the formation of the zone. The board of directors shall publish notice of the hearing, including the information required by subdivision (b), pursuant to Section 6061 in one or more newspapers of general circulation in the district. The board of directors shall mail the notice at least 20 days before the date of the hearing to all owners of property within the proposed zone. The board of directors shall post the notice in at least three public places within the territory of the proposed zone. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  126. 61141.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. Zones [61140 - 61226.5] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    The board of directors must hear protests about forming a zone and may not form the zone if too many voters or property owners object, or if required funding methods are not approved.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. Zones [61140 - 61226.5] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61141. (a) At the hearing, the board of directors shall hear and consider any protests to the formation of the zone. If, at the conclusion of the hearing, the board of directors determines either that more than 50 percent of the total number of voters residing within the proposed zone have filed written objections to the formation, or that property owners who own more than 50 percent of the assessed value of all taxable property in the proposed zone have filed written objections to the formation, then the board of directors shall terminate the proceedings. If the board of directors determines that the written objections have been filed by 50 percent or less of those voters or property owners who own 50 percent or less than the assessed value of all taxable property, then the board of directors may proceed to form the zone. (b) If the resolution or petition proposes that the zone use special taxes, benefit assessments, fees, standby charges, bonds, or notes to finance its purposes, the board of directors shall proceed according to law. If the voters or property owners do not approve those funding methods, the zone shall not be formed. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  127. 61142.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. Zones [61140 - 61226.5] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A board of directors may change a zone’s boundaries or dissolve the zone if it follows the procedures in Sections 61140 and 61141.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. Zones [61140 - 61226.5] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61142. A board of directors may change the boundaries of a zone or dissolve a zone by following the procedures in Sections 61140 and 61141. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  128. 61143.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. Zones [61140 - 61226.5] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A local agency formation commission cannot review, approve, or disapprove proposals to form, change the boundaries of, or dissolve a zone.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. Zones [61140 - 61226.5] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61143. A local agency formation commission shall have no power or duty to review and approve or disapprove a proposal to form a zone, a proposal to change the boundaries of a zone, or a proposal to dissolve a zone. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  129. 61144.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. Zones [61140 - 61226.5] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district may provide services and exercise fiscal powers in a zone, but zone-related taxes and financing must stay within the zone and stay under stated 5% limits.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. Zones [61140 - 61226.5] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61144. (a) As determined by the board of directors, a district may provide any service, any level of service, or any facility within a zone that the district may provide in the district as a whole. (b) As determined by the board of directors and pursuant to the requirements of this division, a district may exercise any fiscal powers within a zone that the district may exercise in the district as a whole. (c) Any special taxes, benefit assessments, rates, fees, charges, standby charges, bonds, or notes which are intended solely for the support of services or facilities within a zone, shall be levied, assessed, and charged within the boundaries of the zone. (d) A district shall not incur a general obligation bonded indebtedness for the benefit of a zone pursuant to this section that exceeds 5 percent of the assessed value of all taxable property in the zone at the time that the bonds are issued. In computing this limit, the 5 percent shall include any other general obligation bonded indebtedness applicable to that zone. (e) A district shall not issue promissory notes for the benefit of a zone pursuant to Section 61131 that exceed 5 percent of the zone’s total enterprise and nonenterprise revenues in the preceding fiscal year. In computing this limit, the 5 percent shall include any other promissory notes applicable to that zone. (Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)
  130. 61226.5.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. Zones [61140 - 61226.5] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. )

    Verify source ↗

    A district may destroy a record if it does so under Chapter 7 of Division 1 of Title 6.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 3. PURPOSES, SERVICES, AND FACILITIES [61100 - 61226.5] ( Part 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## CHAPTER 5. Zones [61140 - 61226.5] ( Chapter 5 added by Stats. 2005, Ch. 249, Sec. 3. ) ## 61226.5. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6. (Added by Stats. 2005, Ch. 158, Sec. 10. Effective January 1, 2006.)
  131. 61250.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 4. Isla Vista Community Services District [61250- 61250.] ( Part 4 added by Stats. 2015, Ch. 548, Sec. 2. )

    Verify source ↗

    This section allows the Isla Vista Community Services District to be established and sets out the steps, voting requirements, tax limits, board makeup, and service powers.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000 - 61250] ( Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3. ) ## PART 4. Isla Vista Community Services District [61250- 61250.] ( Part 4 added by Stats. 2015, Ch. 548, Sec. 2. ) ## 61250. (a) Notwithstanding Chapter 2 (commencing with Section 61010) of Part 1, the Isla Vista Community Services District may be established in accordance with this part. All other provisions of this division shall apply to the Isla Vista Community Services District upon its establishment, except as provided in this part. (b) (1) On or before January 5, 2016, the Board of Supervisors of the County of Santa Barbara shall file a resolution of application with the Santa Barbara County Local Agency Formation Commission, pursuant to subdivision (a) of Section 56654, to initiate a comprehensive review and recommendation of the formation of the district by the Santa Barbara County Local Agency Formation Commission. The board of supervisors shall pay any fees associated with the resolution of application. (2) The Santa Barbara County Local Agency Formation Commission shall complete the review no later than 150 days following receipt of the completed resolution of application. Notwithstanding any other law, the Santa Barbara County Local Agency Formation Commission shall not have the power to disapprove the resolution of application. (3) Notwithstanding any other law, the resolution of application filed by the board of supervisors pursuant to this subdivision shall not be subject to any protest proceedings. (c) (1) The Santa Barbara County Local Agency Formation Commission shall order the formation of the district subject to a vote of the registered voters residing within the boundaries of the district, as those boundaries are set forth in subdivision (f), at an election following the completion of the review pursuant to subdivision (b). If a majority of voters within the boundaries of the district, as specified in subdivision (f), vote in favor of the district, the district shall be formed in accordance with this part. (2) (A) The Santa Barbara Local Agency Formation Commission shall determine the appropriate rate of taxation for a utility user tax, applicable utilities to be taxed, and which services the district will be initially authorized to provide, pursuant to subdivision (d) and paragraph (5) of subdivision (g). The rate shall be no lower than 5 percent and no higher than 8 percent of the total cost of an individual’s service charge for the utility being taxed. (B) The utility user tax shall only be applied to electricity, garbage disposal, gas, sewage, or water services. (3) If the voters of the district do not vote to impose a utility user tax within the district on or before January 1, 2023, regardless of whether the establishment of the district is approved by the voters of the district, the district shall be dissolved as of that date. (4) The Santa Barbara Local Agency Formation Commission shall direct the Santa Barbara County Board of Supervisors to direct county officials to conduct the necessary elections on behalf of the proposed district and place the items on the ballot including district approval, candidates for the district’s board, and the utility user tax pursuant to subparagraph (A) of paragraph (2) at the next countywide election, as provided in subdivision (f) of Section 61014. (d) (1) The initial utility user tax imposed by the district shall only be used to fund the following services and powers of the district: (A) Finance the operations of municipal advisory councils formed pursuant to Section 31010. (B) Create a tenant mediation program. (C) Finance the operations of area planning commissions formed pursuant to Section 65101. (D) Exercise the powers of a parking district, in the same manner as a parking district formed pursuant to the Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18 of the Streets and Highways Code). (E) Contract with the County of Santa Barbara or the Regents of the University of California, or both, for additional police protection services to supplement the level of police protection services already provided by either the County of Santa Barbara or the Regents of the University of California within the area of the district. (F) Acquire, construct, improve, maintain, and operate community facilities, including, but not limited to, community centers, libraries, theaters, museums, cultural facilities, and child care facilities. (G) Acquire, construct, improve, and maintain sidewalks, lighting, gutters, and trees to supplement the level of service already provided by either the County of Santa Barbara or County Service Area No. 31. The district shall not acquire, construct, improve, or maintain any work owned by another public agency unless that other public agency gives its written consent. (H) Abate graffiti. (2) This subdivision shall not be construed to limit the services that may be funded by a tax imposed at a later date. (e) (1) Notwithstanding Chapter 1 (commencing with Section 61020), Chapter 2 (commencing with Section 61025), and Chapter 3 (commencing with Section 61040) of Part 2, the board of directors of the district shall be composed as follows: (A) Five members elected at large from within the district as follows: (i) Four members shall be elected for terms of four years. For the first election of the board of directors of the district, two members shall be elected for a term of two years and two members shall be elected for a term of four years. (ii) One member shall be elected for a term of two years. (B) One member appointed by the Board of Supervisors of the County of Santa Barbara for a term of two years for the first appointment following the creation of the district, and for a term of four years thereafter. (C) One member appointed by the Chancellor of the University of California, Santa Barbara for a term of four years. (2) (A) There shall be no limit on the number of terms any individual may serve on the board of directors of the district, whether that individual is appointed or elected. (B) The qualification of candidates for the initial board of directors shall be conducted pursuant to the Uniform District Election Law (Part 4 (commencing with Section 10500) of the Elections Code). (3) (A) Notwithstanding any other law, service on the board of directors of the district by a member of the Board of Supervisors of the County of Santa Barbara or by any public officer of the County of Santa Barbara or his or her deputy shall not be considered an incompatible office. (B) The Legislature finds and declares that members of the Board of Supervisors of the County of Santa Barbara or public officers of the County of Santa Barbara or their deputies can offer expertise and assistance in county operations to the board of directors of the district. Therefore, the Legislature finds and declares that service on the board of directors of the district is compatible with service as a member of the Board of Supervisors of the County of Santa Barbara or as another public officer, or his or her deputy, of the County of Santa Barbara. (f) The boundaries of the district shall be contiguous with the area known as County Service Area No. 31 within the County of Santa Barbara and shall exclude any property owned by the Regents of the University of California within those boundaries. (g) The district may, within its boundaries, do any of the following: (1) Create a tenant mediation program. (2) Exercise the powers of a parking district, in the same manner as a parking district formed pursuant to the Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18 of the Streets and Highways Code). (3) Contract with the County of Santa Barbara or the Regents of the University of California, or both, for additional police protection services to supplement the level of police protection services already provided by either the County of Santa Barbara or the Regents of the University of California within the area of the district. (4) Acquire, construct, improve, and maintain sidewalks, lighting, gutters, and trees to supplement the level of service provided by either the County of Santa Barbara or County Service Area No. 31. The district shall not acquire, construct, improve, or maintain any work owned by another public agency unless that other public agency gives its written consent. (5) Levy a utility user tax proposed by resolution of the board of directors of the district and pursuant to approval by a two-thirds vote in accordance with Section 2 of Article XIII C of the California Constitution on the utilities of gas, water, electricity, sewer, or garbage disposal services. A utility user tax imposed by the district shall not apply to any utility provided by a telecommunications service provider. (6) Contract with the County of Santa Barbara, the Santa Barbara County Department of Planning and Development’s Code Enforcement Program, or both, to provide Code Enforcement services to supplement the level of service provided by either the County of Santa Barbara or the Santa Barbara County Department of Planning and Development’s Code Enforcement Program, or both. This includes, but is not limited to, contracting for dedicated Zoning Enforcement services pursuant to Chapter 35 of the Santa Barbara County Code, or contracting for dedicated Building Enforcement services pursuant to Chapters 10 and 14 of the Santa Barbara County Code. These contracted services may be proactive or reactive in their enforcement, as specified by the individual contract. (h) Following the creation of the district, the district may petition the Santa Barbara Local Agency Formation Commission pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5) to exercise new or different functions or classes of services listed in Section 61100, except those powers specified in subdivisions (e) and (f) of that section, in addition to those functions or services that were authorized at the time the district was created. (i) The services provided by the district shall not supplant the level of services provided by the County of Santa Barbara, the Isla Vista Recreation and Park District, the University of California, Santa Barbara, or any other service provider. (j) The district does not possess, and shall not exercise, the power of eminent domain. (k) As used in this part, the term “district” means the Isla Vista Community Services District formed pursuant to this part. (l) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5) shall not apply to the formation of the district pursuant to subdivisions (b) and (c), to the selection of functions or services that may be provided pursuant to subdivision (d), or to the selection of functions or services to be provided pursuant to subdivision (g) upon establishment of the district, except as specified in this part. The act shall apply to any other change of organization or reorganization as defined in that act, following the establishment of the district, including, but not limited to, the exercise of new or different functions or classes of services authorized pursuant to subdivision (g) or (h) that were not selected upon establishment of the district. (Amended by Stats. 2017, Ch. 409, Sec. 1. (AB 722) Effective January 1, 2018.)
  132. 6150.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. )

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    A county officer who lacks specific statutory authority may be authorized by the county board of supervisors to accept negotiable paper for certain county payments.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. ) ## 6150. Any officer of a county who is not specifically authorized by statute so to do may be authorized by the board of supervisors of the county to accept negotiable paper in payment for any license, permit, or fee, in payment of any other obligation owing to such county, or in payment of any trust deposit. Such authorization may be withdrawn at any time by the board of supervisors and may be given under such conditions as the board of supervisors by resolution shall establish. Any officer so authorized may, at his discretion, accept negotiable paper in payment for any license, permit, or fee, in payment of any other obligation owing to such county, or in payment of any trust deposit. (Amended by Stats. 1980, Ch. 561.)
  133. 6151.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. )

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    In this chapter, “negotiable paper” means bank checks, drafts, and express or post-office money orders.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. ) ## 6151. As used in this chapter, “negotiable paper” means bank checks and drafts and express and post-office money orders. (Added by Stats. 1955, Ch. 1471.)
  134. 6151.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. )

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    Certain local public offices may accept payment by check, draft, or money order payable to the office without naming the current officer.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. ) ## 6151.5. Any local officer, office, agency or unit which collects or receives taxes, fees, charges or any funds for public services may, when payment is acceptable in the form of a negotiable instrument, be paid by check, draft or money order payable to the office, agency, board or unit without including the name or names of the officer or persons then occupying the office. (Added by Stats. 1974, Ch. 1162.)
  135. 6152.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. )

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    Accepting negotiable paper under this chapter counts as payment to a county only when the paper is later duly paid.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. ) ## 6152. The acceptance of negotiable paper pursuant to this chapter constitutes payment of any amount owing to a county as of the date of acceptance when, but not before, the negotiable paper is duly paid. (Amended by Stats. 1980, Ch. 561.)
  136. 6153.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. )

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    An officer must deposit accepted negotiable paper in the authorized bank account, or if no bank account is authorized, in the county treasury.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. ) ## 6153. (a) If, pursuant to another provision of law, a bank account has been authorized for the use of the officer, he shall deposit in that account as soon as practicable any negotiable paper accepted by him pursuant to this chapter. (b) If a bank account has not been authorized for the use of such officer, he shall deposit negotiable paper accepted pursuant to this chapter as soon as practicable in the county treasury, and the county treasurer shall handle such negotiable paper like any other negotiable paper accepted by him. (Amended by Stats. 1961, Ch. 1096.)
  137. 6154.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. )

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    If negotiable paper is redeemed or charged back to the county treasurer because of nonpayment, it must be returned to the officer who deposited it. After the county treasurer gives notice, the county auditor must issue a memorandum charging that officer and crediting the treasurer on the fund used for the original deposit.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. ) ## 6154. Any negotiable paper redeemed by or charged back to the county treasurer by reason of nonpayment shall be returned to the officer who deposited it with him. Upon notification from the county treasurer a memorandum charging the officer who made the deposit and crediting the county treasurer shall be issued by the county auditor on the fund into which the original deposit was made. (Added by Stats. 1955, Ch. 1471.)
  138. 6155.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. )

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    If negotiable paper is not paid when presented, related payment records and receipts are canceled, the underlying fee, permit fee, fine, or other obligation stays outstanding, and the accepting officer must make notes needed for later cancellation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. ) ## 6155. If any negotiable paper is not paid on due presentment for any reason, any record of payment made by the officer receiving such paper shall be canceled. Any receipt issued in acknowledgment of such payment shall also be deemed to be canceled. The license fee, permit fee, fine or other obligation shall continue as an outstanding obligation as though no payment had been attempted. The officer accepting negotiable paper shall make any memoranda necessary to enable him to make proper cancellation on its return without payment. Such officer shall incur no personal liability for the acceptance of negotiable paper pursuant to this chapter which is not paid on due presentment unless such paper is accepted in violation of any condition imposed by the board of supervisors. (Added by Stats. 1955, Ch. 1471.)
  139. 6156.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. )

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    If a cancellation is made, the officer must record it in the office accounting records and immediately notify the person who paid with negotiable paper.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. ) ## 6156. When a cancellation is made, the officer making it shall enter it in the accounting records of his office. He shall immediately send a notice to the person who attempted payment by the negotiable paper of the cancellation of the payment. The validity of any license fee, permit fee, fee, fine or other obligation shall not be affected by any failure or irregularity in giving this notice. (Added by Stats. 1955, Ch. 1471.)
  140. 6157.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. )

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    Public agencies must accept personal checks for certain payments if the payer shows satisfactory California residence proof and the check is drawn on a California bank.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. ) ## 6157. (a) The state, and each city, whether general law or chartered, county, and district, each subdivision, department, board, commission, body, or agency of the foregoing, shall accept personal checks, in addition to any other authorized form of payment, drawn in its favor or in favor of a designated official thereof, in payment for any license, permit, or fee, or in payment of any obligation owing to the public agency or trust deposit, if the person issuing the check furnishes to the person authorized to receive payment satisfactory proof of residence in this state and if the personal check is drawn on a banking institution located in this state. (b) If any personal check, corporate check, cashier’s check, money order, or other draft method offered in payment pursuant to this section is returned without payment, for any reason, a reasonable charge for the returned check, not to exceed the actual costs incurred by the public agency, may be imposed to recover the public agency’s processing and collection costs. This charge may be added to, and become part of, any underlying obligation other than an obligation which constitutes a lien on real property, and a different method of payment for that payment and future payments by this person may be prescribed. (c) The acceptance of a personal check, corporate check, cashier’s check, money order, or other draft method pursuant to this section constitutes payment of the obligation owed to the payee public agency to the extent of the amount of the check as of the date of acceptance when, but not before, the check is duly paid. (d) The provisions in subdivision (b) prohibiting a returned check charge being added to, and becoming a part of, an obligation which constitutes a lien on real property do not apply to obligations under the Veterans’ Farm and Home Purchase Act of 1974 (Article 3.1 (commencing with Section 987.50) of Chapter 6 of Division 4 of the Military and Veterans Code). (Amended by Stats. 2013, Ch. 607, Sec. 1. (SB 825) Effective January 1, 2014.)
  141. 6159.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. )

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    This section lets certain public agencies accept credit cards, debit cards, or electronic funds transfers for listed payments, but only with required approvals and subject to contract and fee limits.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.5. Medium of Payment [6150 - 6159] ( Chapter 2.5 added by Stats. 1955, Ch. 1471. ) ## 6159. (a) The following definitions apply for purposes of this section: (1) “Credit card” means a card, plate, coupon book, or other credit device existing for the purpose of being used from time to time upon presentation to obtain money, property, labor, or services on credit. (2) “Card issuer” means a person, or his or her agent, who issues a credit card and purchases credit card drafts. (3) “Cardholder” means a person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person. (4) “Debit card” means a card or other means of access to a debit card cardholder’s account that may be used to initiate electronic funds transfers from that account. (5) “Draft purchaser” means a person who purchases credit card drafts. (6) “Electronic funds transfer” means a method by which a person permits electronic access to, and transfer of, money held in an account by that person. (b) Subject to subdivisions (c) and (d), a court, city, county, city and county, or other public agency may authorize the acceptance of a credit card, debit card, or electronic funds transfer for any of the following: (1) The payment for the deposit of bail for any offense not declared to be a felony or for a court-ordered fee, fine, forfeiture, penalty, assessment, or restitution. Use of a card or electronic funds transfer pursuant to this paragraph may include a requirement that the defendant be charged an administrative fee charged by the company issuing the card or processing the account for the cost of the transaction. (2) The payment of a filing fee or other court fee. (3) The payment of towage or storage costs for a vehicle that has been removed from a highway, or from public or private property, as a result of parking violations. (4) The payment of child, family, or spousal support, including reimbursement of public assistance, related fees, costs, or penalties, with the authorization of the cardholder or accountholder. (5) The payment for services rendered by a city, county, city and county, or other public agency. (6) The payment of a fee, charge, or tax due a city, county, city and county, or other public agency. (7) The payment of moneys payable to the sheriff pursuant to a levy under a writ of attachment or writ of execution. If the use of a card or electronic funds transfer pursuant to this paragraph includes any administrative fee charged by the company issuing the card or processing the account for the cost of the transaction, that fee shall be paid by the person who pays the money to the sheriff pursuant to the levy. (8) The payment of a donation, gift, bequest, or devise made to or in favor of a county, or to or in favor of a county board of supervisors, pursuant to Section 25355. (c) A court desiring to authorize the use of a credit card, debit card, or electronic funds transfer pursuant to subdivision (b) shall obtain the approval of the Judicial Council. A city desiring to authorize the use of a credit card, debit card, or electronic funds transfer pursuant to subdivision (b) shall obtain the approval of its city council. Any other public agency desiring to authorize the use of a credit card, debit card, or electronic funds transfer pursuant to subdivision (b) shall obtain the approval of the governing body that has fiscal responsibility for that agency. (d) After approval is obtained, a contract may be executed with one or more credit card issuers, debit card issuers, electronic funds transfer processors, or draft purchasers. The contract shall provide for the following matters: (1) The respective rights and duties of the court, city, county, city and county, or other public agency and card issuer, funds processor, or draft purchaser regarding the presentment, acceptability, and payment of credit and debit card drafts and electronic funds transfer requests. (2) The establishment of a reasonable means by which to facilitate payment settlements. (3) The payment to the card issuer, funds processor, or draft purchaser of a reasonable fee or discount. (4) Any other matters appropriately included in contracts with respect to the purchase of credit and debit card drafts and processing of electronic funds transfer requests as may be agreed upon by the parties to the contract. (e) The honoring of a credit card, debit card, or electronic funds transfer pursuant to subdivision (b) constitutes payment of the amount owing to the court, city, county, city and county, or other public agency as of the date the credit or debit card is honored or the electronic funds transfer is processed, if the credit or debit card draft is paid following its due presentment to a card issuer or draft purchaser or the electronic funds transfer is completed with transfer to the agency requesting the transfer. (f) If a credit or debit card draft is not paid following due presentment to a card issuer or draft purchaser or is charged back to the court, city, county, city and county, or other public agency for any reason, any record of payment made by the court, city, or other public agency honoring the credit or debit card shall be void. If an electronic funds transfer request is not completed with transfer to the agency requesting the transfer or is charged back to the agency for any reason, any record of payment made by the agency processing the electronic funds transfer shall be void. A receipt issued in acknowledgment of payment shall also be void. The obligation of the cardholder or accountholder shall continue as an outstanding obligation as if no payment had been attempted. (g) If a credit card, debit card draft, electronic funds transfer, or other payment offered in payment is returned without payment, for any reason, a reasonable charge for the charge back or return, not to exceed the actual costs incurred by the public agency, may be imposed to recover the public agency’s processing and collection costs. This charge may be added to, and become part of, any underlying obligation other than an obligation that constitutes a lien on real property, and a different method of payment for that payment and future payments by this person may be prescribed. (h) (1) Notwithstanding Title 1.3 (commencing with Section 1747) of Part 4 of Division 3 of the Civil Code, a court or agent of the court, city, county, city and county, or any other public agency may impose a fee for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the agency or agent in providing for payment by credit or debit card or electronic funds transfer. These costs may include, but shall not be limited to, the payment of fees or discounts as specified in paragraph (3) of subdivision (d). A fee imposed by a court or agent of the court pursuant to this subdivision shall be approved by the Judicial Council. A fee imposed by any other public agency pursuant to this subdivision for the use of a credit or debit card or electronic funds transfer shall be approved by the governing body responsible for the fiscal decisions of the public agency. (2) For purposes of this subdivision, an electronic filing service provider who is required to collect and remit a payment described in paragraph (2) of subdivision (b) to complete an electronic filing transaction is deemed an agent of the court. Unless otherwise specified, the electronic filing service provider is deemed an agent of the court for the sole purpose of collecting and remitting a payment described in paragraph (2) of subdivision (b) for an electronic filing transaction. In case of a duplicate payment by a party or an electronic filing service provider submitting a payment on behalf of a party, the court shall issue any appropriate refund to the entity that made the most recent payment. (3) A court shall not be held liable for the actions of an agent of the court under this subdivision. (4) An agent of the court shall report its costs in providing for payment by credit or debit card, or electronic funds transfer. These reports shall be issued pursuant to guidelines adopted by the Judicial Council. For purposes of verifying the accuracy of these reports and compliance with this subdivision, the Judicial Council, or its authorized representative, shall have the right to access and examine the records and documents of an agent of the court. The agent of the court shall provide the Judicial Council with all relevant information requested, and shall permit access to its premises at reasonable times for purposes of interviewing employees, and inspecting and copying any relevant records. The agent of the court shall maintain all records and documents relating to its fees and costs for a minimum of four years from the date the fee is imposed, or until the verification process is completed, whichever occurs later. (i) Fees or discounts provided for under paragraph (3) of subdivision (d) shall be deducted or accounted for before any statutory or other distribution of funds received from the card issuer, funds processor, or draft purchaser to the extent not recovered from the cardholder or accountholder pursuant to subdivision (h). (j) The Judicial Council may enter into a master agreement with one or more credit or debit card issuers, funds processors, or draft purchasers for the acceptance and payment of credit or debit card drafts and electronic funds transfer requests received by the courts. A court may join in any of these master agreements or may enter into a separate agreement with a credit or debit card issuer, funds processor, or draft purchaser. (k) An electronic filing service provider, as described in subdivision (h), shall not collect or attempt to collect a fee to complete an electronic filing transaction, including a fee to process a payment, a filing fee or other court fee, or a fee charged by the electronic filing service provider for electronically filing documents, from a party who is exempt from paying fees; provided, however, that the electronic filing service provider shall complete the filing notwithstanding the fee exemption. (l) A court, or an electronic filing manager that provides a court, pursuant to a contract, with a system for accepting electronically transmitted documents and associated filing and other court fees, shall accept more than one method of payment from an electronic filing service provider described in paragraph (2) of subdivision (h). The court shall determine the methods of payment that will be accepted by the court and the electronic filing manager. The methods of payment may include credit or debit cards, electronic funds transfers, electronic networks for financial transactions such as Automated Clearing House (ACH), and other payment methods that do not charge a transaction cost. (Amended by Stats. 2018, Ch. 248, Sec. 2. (AB 1531) Effective January 1, 2019.)
  142. 6160.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.6. State Payment Card Act [6160 - 6166] ( Chapter 2.6 added by Stats. 1995, Ch. 926, Sec. 1. )

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    The Legislature states that state agencies may use credit cards or other payment devices to improve efficiency and give consumers another payment option.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.6. State Payment Card Act [6160 - 6166] ( Chapter 2.6 added by Stats. 1995, Ch. 926, Sec. 1. ) ## 6160. The Legislature finds and declares that there are costs associated with all forms of payment, including cash and checks. The Legislature further finds and declares that by accepting payment by credit card or other payment devices, state agencies will be able to take advantage of new technologies that will improve their efficiency and will increase consumer convenience and choice by providing state consumers with an alternative method of payment. (Added by Stats. 1995, Ch. 926, Sec. 1. Effective January 1, 1996.)
  143. 6161.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.6. State Payment Card Act [6160 - 6166] ( Chapter 2.6 added by Stats. 1995, Ch. 926, Sec. 1. )

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    This section defines key terms used in the State Payment Card Act.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.6. State Payment Card Act [6160 - 6166] ( Chapter 2.6 added by Stats. 1995, Ch. 926, Sec. 1. ) ## 6161. For the purposes of this chapter: (a) “Cardholder” means a person making a payment to a state agency by credit card or payment device. (b) “Credit card” shall have the same meaning as provided in subsection (k) of Section 1602 of Title 15 of the United States Code (Section 103(k) of the federal Truth in Lending Act, and regulations promulgated thereunder). (c) “Director” means the Director of General Services. (d) “In person” means from one natural person to another who, as an employee or other representative of a state agency, accepts payment and processes the payment according to the procedures of the agency. (e) “Payment device” shall have the same meaning as the definition of “accepted card or other means of access” set forth in paragraph (1) of Section 1693a of Title 15 of the United States Code (Section 903(1) of the federal Electronic Fund Transfer Act), and for purposes of this chapter shall also include a card that enables a person to pay for transactions through the use of value stored on the card itself. (f) “Person” means a natural person or an organization, including a corporation, partnership, limited liability company, proprietorship, association, cooperative, estate, trust, or government unit. (g) “State agency” shall have the same meaning as set forth in Section 11000. (Added by Stats. 1995, Ch. 926, Sec. 1. Effective January 1, 1996.)
  144. 6162.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.6. State Payment Card Act [6160 - 6166] ( Chapter 2.6 added by Stats. 1995, Ch. 926, Sec. 1. )

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    The Director of General Services may negotiate contracts for credit card or other payment device acceptance by state agencies, and must use best efforts to reduce financial impact.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.6. State Payment Card Act [6160 - 6166] ( Chapter 2.6 added by Stats. 1995, Ch. 926, Sec. 1. ) ## 6162. (a) Except as provided in Section 6159, the Director of General Services, or his or her designee, may negotiate and enter into any contracts necessary to implement or facilitate the acceptance of credit cards or other payment devices by state agencies. The authority granted to the director pursuant to this section shall include the discretion to negotiate and agree to specific terms applicable to each state agency, including, but not limited to, the terms regarding any payment of fees to third parties for the acceptance of credit cards or other payment devices, types of payments, any limitations on amounts and limits of liabilities that would be eligible for payment by credit card or other payment device, and operational requirements. (b) The director may negotiate master contracts or other contracts that allow the cost-effective acceptance of payment by credit card or other payment device. Additionally, the director or any state agency negotiating these contracts shall use its best efforts to minimize the financial impact of credit card or other payment device acceptance on the state agency, taxpayers, and the public who use its services. (c) The director, in consultation with the Director of e-Government, shall take steps to encourage the adoption of standard payment policies and procedures for all state agencies. Furthermore, a state agency may enter into an interagency agreement with another state agency for the purposes of establishing uniform policies and acquiring equipment to support payment by credit card or other payment device. (Amended by Stats. 2001, Ch. 427, Sec. 1. Effective January 1, 2002.)
  145. 6163.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.6. State Payment Card Act [6160 - 6166] ( Chapter 2.6 added by Stats. 1995, Ch. 926, Sec. 1. )

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    State agencies must accept credit card or other payment-device payments, unless an exemption or contracting exception applies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.6. State Payment Card Act [6160 - 6166] ( Chapter 2.6 added by Stats. 1995, Ch. 926, Sec. 1. ) ## 6163. (a) (1) Except as provided in paragraphs (2) and (3), all state agencies shall accept payment made by means of a credit card or other payment device. (2) (A) A state agency may request that the director grant an exemption from paragraph (1) if the agency determines that its acceptance of payments by credit card or other payment device would have any of the following results: (i) It would not be cost-effective. (ii) It would result in a net additional unfunded cost to the agency. (iii) It would result in a shortfall of revenues to the State of California. (B) A request made pursuant to this paragraph shall state the reasons for the agency’s determination. The director may request additional information from the requesting agency, and shall approve or deny the exemption request within 60 days of the receipt of all relevant information from the agency. The director also may request that the exemption be renewed on a periodic basis, and that the agency provide a plan for implementing paragraph (1). (C) In determining cost-effectiveness, an agency may consider more than one year. In determining the cost-effectiveness of accepting payment by credit card and other payment devices, the state agency shall consider all factors relating to costs and savings associated with accepting credit cards and other payment devices. However, an agency may accept payment by credit card or other payment device notwithstanding the cost-effectiveness, if, upon the agency’s analysis, the additional level of customer service offered by these payment methods outweighs cost considerations. (D) “Costs” for the purposes of this subdivision shall include, but not be limited to, the following: (i) Amounts paid to a third party for accepting the credit card or other payment device. (ii) Equipment costs, including telephone and maintenance expenses. (iii) Labor costs of the state agency related to processing payments made by a credit card or other payment device. (E) “Savings” for the purposes of this subdivision shall include, but not be limited to, the following: (i) The use of the float by the applicable state agency. (ii) Reduction in bank fees that would be charged for payments made by cash and checks. (iii) The costs of handling cash, labor savings, theft or pilferage, reduced storage, and security and transit of handling and holding cash. (iv) The costs of handling checks. (v) Dishonored check costs. (vi) Decreased facility needs. (vii) Increased collection of mandated payments. (viii) Increased sales of discretionary goods and services. (ix) Reduced paperwork. (x) Fewer in-person transactions, especially with the use of voice response units and kiosks. (3) Notwithstanding paragraph (1), a state agency shall not accept payment by credit card or other payment device if the state agency is unable to enter into the contracts on terms that are acceptable to the agency, or if the director acting on behalf of the agency is unable to enter into contracts on terms that are acceptable to the director and the agency, as are necessary to enable the agency to accept payment by credit card or other payment device. (4) If the Franchise Tax Board does not accept payment by credit card or other payment device as a result of this subdivision, then the law regarding credit card payments in existence prior to the effective date of the legislation adding this chapter shall apply to the Franchise Tax Board. (b) The director may establish procedures to delegate the authority granted under this chapter to other state agencies so that these agencies may enter into contracts for accepting credit cards or other payment devices on behalf of the respective agency. (c) For entities established under Article VI of the California Constitution, the authority of the director under this chapter shall rest with the administrative director of those entities. (d) Any agency that intends to accept payment by credit card or other payment device pursuant to a master contract entered into by the director shall transmit a letter of intent so stating to the director. (Amended by Stats. 2001, Ch. 427, Sec. 2. Effective January 1, 2002.)
  146. 6164.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.6. State Payment Card Act [6160 - 6166] ( Chapter 2.6 added by Stats. 1995, Ch. 926, Sec. 1. )

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    State agency officers, employees, and other covered individuals must not disclose or misuse credit card or payment device information they access under this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.6. State Payment Card Act [6160 - 6166] ( Chapter 2.6 added by Stats. 1995, Ch. 926, Sec. 1. ) ## 6164. No officer or employee of a state agency, or other individual, who in the course of his or her employment or duty has or had access to credit card or payment device information provided to the state agency under this chapter shall disclose or make known in any manner information provided under this chapter or use the information for any unauthorized purpose. Any violation of this section shall be a misdemeanor. (Added by Stats. 1995, Ch. 926, Sec. 1. Effective January 1, 1996.)
  147. 6165.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.6. State Payment Card Act [6160 - 6166] ( Chapter 2.6 added by Stats. 1995, Ch. 926, Sec. 1. )

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    The Department of General Services and state agencies must enter into interagency agreements to reimburse the Department of General Services for costs tied to contracts under this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.6. State Payment Card Act [6160 - 6166] ( Chapter 2.6 added by Stats. 1995, Ch. 926, Sec. 1. ) ## 6165. The Department of General Services and state agencies shall enter into interagency agreements to reimburse the Department of General Services for its costs in entering into contracts pursuant to this chapter. (Added by Stats. 1995, Ch. 926, Sec. 1. Effective January 1, 1996.)
  148. 6166.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.6. State Payment Card Act [6160 - 6166] ( Chapter 2.6 added by Stats. 1995, Ch. 926, Sec. 1. )

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    State agencies that accept credit card payments must tell eligible payers, when sending a billing statement, that they may pay by credit card, and must include either a payment-form space for card details or instructions for paying by credit card.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2.6. State Payment Card Act [6160 - 6166] ( Chapter 2.6 added by Stats. 1995, Ch. 926, Sec. 1. ) ## 6166. Any state agency accepting payment by a means of credit card, whether pursuant to this chapter or Section 19005 of the Revenue and Taxation Code, shall, when sending a billing statement, notify each payer permitted to make payment to that agency by means of a credit card of his or her option of making payment by means of a credit card. Each state agency that sends a billing statement to an individual who is allowed to make payment to that agency by means of a credit card shall provide either of the following on that statement or on a document provided with the statement: (a) A designated space on the payment form upon which the payer can provide a credit card number, expiration date, and signature. (b) Complete instructions as to the procedure, by means of telephone or otherwise, that the payer must follow in order to pay by means of a credit card. (Added by Stats. 1999, Ch. 203, Sec. 1. Effective January 1, 2000.)
  149. 6200.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Crimes Relating to Public Records, Documents, and Certificates [6200 - 6203] ( Chapter 3 enacted by Stats. 1943, Ch. 134. )

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    An officer who has custody of certain public records or court papers must not willfully steal, remove, hide, destroy, damage, alter, or falsify them, or let someone else do so.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Crimes Relating to Public Records, Documents, and Certificates [6200 - 6203] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## 6200. Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following: (a) Steal, remove, or secrete. (b) Destroy, mutilate, or deface. (c) Alter or falsify. (Amended by Stats. 2011, Ch. 15, Sec. 129. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  150. 62000.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    This section defines key terms used in the division.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62000. As used in this division, the following terms have the following meanings: (a) “Authority” means the Community Revitalization and Investment Authority created pursuant to this division. (b) “Plan” means a community revitalization and investment plan and shall be deemed to be the plan described in Section 16 of Article XVI of the California Constitution. (c) “Plan area” means territory included within a community revitalization and investment area. (d) “Revitalization project” means a physical improvement to real property funded by the authority. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  151. 62001.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    This section sets how a community revitalization and investment authority may be formed, who may serve on its board, when it may operate, and who may not participate.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62001. (a) A community revitalization and investment authority is a public body, corporate and politic, with jurisdiction to carry out a community revitalization plan within a community revitalization and investment area. The authority shall be deemed to be the “agency” described in subdivision (b) of Section 16 of Article XVI of the California Constitution for purposes of receiving tax increment revenues. The authority shall have only those powers and duties specifically set forth in Section 62002. (b) (1) An authority may be created in any one of the following ways: (A) A city, county, or city and county may adopt a resolution creating an authority. The composition of the governing board shall be comprised as set forth in subdivision (c). (B) A city, county, city and county, and special district, as special district is defined in subdivision (m) of Section 95 of the Revenue and Taxation Code, or any combination thereof, may create an authority by entering into a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1. (2) (A) A school entity, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, may not participate in an authority created pursuant to this part. (B) A successor agency, as defined in subdivision (j) of Section 34171 of the Health and Safety Code, may not participate in an authority created pursuant to this part, and an entity created pursuant to this part shall not receive any portion of the property tax revenues or other moneys distributed pursuant to Section 34188 of the Health and Safety Code. (3) An authority formed by a city or county that created a redevelopment agency that was dissolved pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code shall not become effective until the successor agency or designated local authority for the former redevelopment agency has adopted findings of fact stating all of the following: (A) The agency has received a finding of completion from the Department of Finance pursuant to Section 34179.7 of the Health and Safety Code. (B) Former redevelopment agency assets that are the subject of litigation against the state, where the city or county or its successor agency or designated local authority are a named plaintiff, have not been or will not be used to benefit any efforts of an authority formed under this part unless the litigation has been resolved by entry of a final judgment by any court of competent jurisdiction and any appeals have been exhausted. (C) The agency has complied with all orders of the Controller pursuant to Section 34167.5 of the Health and Safety Code. (c) (1) The governing board of an authority created pursuant to subparagraph (A) of paragraph (1) of subdivision (b) shall be appointed by the legislative body of the city, county, or city and county that created the authority and shall include three members of the legislative body of the city, county, or city and county that created the authority and two public members. The legislative body may appoint one of its members to be an alternate member of the legislative body who may serve and vote in place of a member who is absent or disqualifies themselves from participating in a meeting of the authority. The appointment of the two public members shall be subject to Sections 54970 and 54972. The two public members shall live or work within the community revitalization and investment area. (2) The governing body of the authority created pursuant to subparagraph (B) of paragraph (1) of subdivision (b) shall be comprised of a majority of members from the legislative bodies of the public agencies that created the authority, and a minimum of two public members who live or work within the community revitalization and investment area. A legislative body of a participating affected taxing entity may appoint one of its members to be an alternate member of the legislative body who may serve and vote in place of a member who is absent or disqualifies themselves from participating in a meeting of the authority. The majority of the board shall appoint the public members to the governing body. The appointment of the public members shall be subject to Sections 54970 and 54972. (3) If an authority has more than three participating affected taxing entities, the legislative bodies of the taxing entities may, upon agreement by all participating affected taxing entities appoint only one member of their respective legislative bodies, and one alternate member, to the authority, and a minimum of two members of the public chosen by the legislative bodies of the participating entities. The appointment of the public members shall be subject to Sections 54970 and 54972. (4) For purposes of this subdivision, “legislative body” may include a directly elected mayor of a charter city who is not a member of the city’s legislative body under the city’s adopted charter. (d) An authority may carry out a community revitalization plan within a community revitalization and investment area where not less than 60 percent of the land calculated by census tracts, census block groups, as defined by the United States Census Bureau, or any combination of both within the area shall meet either of the following conditions: (1) Have an annual median household income that is less than, at the option of the authority, 80 percent of the statewide, countywide, or citywide annual median income. (2) Meet three of the following four conditions: (A) An unemployment rate that is at least 3 percentage points higher than the statewide average annual unemployment rate, as defined by the report on labor market information published by the Employment Development Department in March of the year in which the community revitalization plan is prepared. In determining the unemployment rate within the community revitalization and investment area, an authority may use unemployment data from the periodic American Community Survey published by the United States Census Bureau. (B) Crime rates, as documented by records maintained by the law enforcement agency that has jurisdiction in the proposed plan area for violent or property crime offenses, that are at least 5 percent higher than the statewide average crime rate for violent or property crime offenses, as defined by the most recent annual report of the Criminal Justice Statistics Center within the Department of Justice, when data is available on the Attorney General’s internet website. The crime rate shall be calculated by taking the local crime incidents for violent or property crimes, or any offense within those categories, for the most recent calendar year for which the Department of Justice maintains data, divided by the total population of the proposed plan area, multiplied by 100,000. If the local crime rate for the proposed plan area exceeds the statewide average rate for either violent or property crime, or any offense within these categories, by more than 5 percent, then the condition described in this subparagraph shall be met. (C) Deteriorated or inadequate infrastructure, including streets, sidewalks, water supply, sewer treatment or processing, and parks. (D) Deteriorated commercial or residential structures. (e) As an alternative, and in addition to the areas described in subdivision (d), an authority may also carry out a community revitalization plan within a community revitalization and investment area that meets any of the following conditions: (1) The area is established within a former military base that is principally characterized by deteriorated or inadequate infrastructure and structures. Notwithstanding subdivision (c), the governing board of an authority established within a former military base shall include a member of the military base closure commission as a public member. (2) The census tracts or census block groups, as defined by the United States Census Bureau, within the area are situated within a disadvantaged community as described in Section 39711 of the Health and Safety Code. (3) Sites identified in the inventory of land in a city or county’s housing element that are suitable for residential development pursuant to paragraph (3) or (4) of subdivision (a) of Section 65583.2, including parcels that are zoned to allow transit priority projects, as defined under Chapter 4.2 (commencing with Section 21155) of Division 13 of the Public Resources Code, consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board, pursuant to subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080, has accepted a metropolitan planning organization’s determination of the sustainable communities strategy or the alternative planning strategy. (f) An authority created pursuant to this part shall be a local public agency subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). (g) (1) At any time after the authority is authorized to transact business and exercise its powers, the legislative body or bodies of the local government or governments that created the authority may appropriate the amounts the legislative body or bodies deem necessary for the administrative expenses and overhead of the authority. (2) The money appropriated may be paid to the authority as a grant to defray the expenses and overhead, or as a loan to be repaid upon the terms and conditions as the legislative body may provide. If appropriated as a loan, the property owners and residents within the plan area shall be made third-party beneficiaries of the repayment of the loan. In addition to the common understanding and usual interpretation of the term, “administrative expense” includes, but is not limited to, expenses of planning and dissemination of information. (Amended by Stats. 2025, Ch. 260, Sec. 5. (AB 417) Effective January 1, 2026.)
  152. 62002.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    An authority may carry out a listed set of revitalization activities, and it must keep controls and restrictions on land sold or leased for private use as provided in the plan.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62002. An authority may do all of the following: (a) Provide funding to rehabilitate, repair, upgrade, or construct infrastructure. (b) Provide for low- and moderate-income housing in accordance with Part 2 (commencing with Section 62100). (c) Remedy or remove a release of hazardous substances pursuant to the Polanco Redevelopment Act (Article 12.5 (commencing with Section 33459) of Chapter 4 of Part 1 of Division 24) or Chapter 6.10 (commencing with Section 25403) of Division 20 of the Health and Safety Code. (d) Provide for seismic retrofits of existing buildings in accordance with all applicable laws and regulations. (e) Acquire and transfer real property in accordance with Part 3 (commencing with Section 62200). The authority shall retain controls and establish restrictions or covenants running with the land sold or leased for private use for the periods of time and under the conditions as are provided in the plan. The establishment of these controls is a public purpose under this part. (f) Issue bonds in conformity with Article 4.5 (commencing with Section 53506) and Article 5 (commencing with Section 53510) of Chapter 3 of Part 1 of Division 2 of Title 5. (g) (1) Borrow money, receive grants, or accept financial or other assistance or investment from the state or the federal government or any other public agency or private lending institution for any project within its area of operation, and may comply with any conditions of the loan or grant. An authority may qualify for funding as a disadvantaged community pursuant to Section 79505.5 of the Water Code or as defined by Section 56033.5. An authority may also enter into an agreement with a qualified community development entity, as defined by Section 45D(c) of the Internal Revenue Code, to coordinate investments of funds derived from the New Markets Tax Credit with those of the authority in instances where coordination offers opportunities for greater efficiency of investments to improve conditions described in subdivisions (d) and (e) within the territorial jurisdiction of the authority. (2) Receive funds allocated to it pursuant to a resolution adopted by a city, county, or special district to transfer these funds from a source described in subdivision (d), (e), or (f) of Section 53398.75, subject to any requirements upon, or imposed by, the city, county, or special district as to the use of these funds. (h) Adopt a community revitalization and investment plan pursuant to Sections 62003 and 62004. (i) Make loans or grants for owners or tenants to improve, rehabilitate, or retrofit buildings or structures within the plan area. (j) Construct foundations, platforms, and other like structural forms necessary for the provision or utilization of air rights sites for buildings to be used for residential, commercial industrial, or other uses contemplated by the revitalization plan. (k) Provide direct assistance to businesses within the plan area in connection with new or existing facilities for industrial or manufacturing uses, or the redevelopment or conversion of underutilized office or retail structures or parcels into housing, except as specified in this division. (Amended by Stats. 2021, Ch. 391, Sec. 8. (SB 780) Effective January 1, 2022.)
  153. 62003.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    An authority must adopt a community revitalization and investment plan that includes specified elements and time limits, and it may not spend revenue for purposes outside the listed programs.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62003. An authority shall adopt a community revitalization and investment plan that may include project areas and a provision for the receipt of tax increment funds generated within the area according to Section 62005, provided the plan includes each of the following elements: (a) A statement of the principal goals and objectives of the plan including territory to be covered by the plan. (b) A description of the deteriorated or inadequate infrastructure within the area and a program for construction of adequate infrastructure or repair or upgrading of existing infrastructure. (c) A housing program that describes how the authority will comply with Part 2 (commencing with Section 62100). The program shall include the following information: (1) The amount available in the Low and Moderate Income Housing Fund and the estimated amounts that will be deposited in the fund during each of the next five years. (2) Estimates of the number of new, rehabilitated, or price restricted residential units to be assisted during each of the five years and estimates of the expenditures of moneys from the Low and Moderate Income Housing Fund during each of the five years. (3) A description of how the program will implement the requirements for expenditures of funds in the Low and Moderate Income Housing Fund over a 10-year period for various groups as required by Chapter 2 (commencing with Section 62115) of Part 2. (4) Estimates of the number of units, if any, developed by the authority for very low, low-, and moderate-income households during the next five years. (d) A program to remedy or remove a release of hazardous substances, if applicable. (e) A program to provide funding for or otherwise facilitate the economic revitalization of the area. (f) A fiscal analysis setting forth the projected receipt of revenue and projected expenses over a five-year planning horizon, including the potential issuance of bonds backed by tax increment during the term of the plan. Bonds shall be issued in conformity with Article 4.5 (commencing with Section 53506) and Article 5 (commencing with Section 53510) of Chapter 3 of Part 1 of Division 2 of Title 5. An authority shall not spend revenue for any purpose that is not identified as part of a program described in subdivisions (b), (c), (d), and (e). (g) Time limits that may not exceed the following: (1) Thirty years for establishing loans, advances and indebtedness. (2) Either of the following: (A) Forty-five years for the repayment of all of the authority’s debts and obligations, and fulfilling all of the authority’s housing obligations. The plan shall specify that an authority shall dissolve as a legal entity in no more than 45 years from the date upon which the issuance of debt is approved for a plan, or approved for a project area designated by the authority within a plan subject to subparagraph (B), as applicable, and no further taxes shall be allocated to the authority pursuant to Section 62005. Nothing in this paragraph shall be interpreted to prohibit an authority from refinancing outstanding debt solely to reduce interest costs. (B) If the authority divides the community revitalization and investment plan into multiple project areas, a date on which the plan will cease to be in effect and all tax allocations to the authority will end and a date on which the repayment of indebtedness with incremental tax revenues received under this chapter will end, not to exceed 45 years from the date the authority or the applicable project area has received one hundred thousand dollars ($100,000) in annual incremental tax revenues under this chapter. After the time limits established under this subparagraph, an authority or project area shall not receive incremental tax revenues under this chapter. If the authority divides the community revitalization and investment plan into project areas, a separate and unique time limit shall be applicable to each project area that does not exceed 45 years from the date the authority has received one hundred thousand dollars ($100,000) in incremental tax revenues under this chapter from that project area. (h) A determination that the community revitalization investment area complies with the conditions described in subdivision (d) or (e) of Section 62001. (Amended by Stats. 2021, Ch. 391, Sec. 9. (SB 780) Effective January 1, 2022.)
  154. 62004.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    The authority must give notice, hold public hearings, consider comments and protests, and follow election/protest thresholds before adopting or implementing the plan.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62004. (a) The draft plan shall be made available to the public and to each property owner within the area at a meeting held at least 30 days prior to the notice given for the first public hearing. The purposes of the meeting shall be to allow the staff of the authority to present the draft plan, answer questions about the plan, and consider comments about the plan. (b) (1) The authority shall consider adoption of the plan at two public hearings that shall take place at least 30 days apart. (2) At the first public hearing, the authority shall consider any written and oral comments and take action to modify or reject the plan. (3) If the plan is not rejected at the first public hearing, then the authority shall conduct a protest proceeding at the second public hearing to consider whether the property owners and residents within the plan area wish to present oral or written protests against the adoption of the plan. (c) (1) Notice of the meeting required by subdivision (a) and the public hearings required by subdivision (b) shall be given in accordance with subdivision (j). The notice shall do all of the following, as applicable: (A) Describe specifically the boundaries of the proposed area. (B) Describe the purpose of the plan. (C) State the day, hour, and place when and where any and all persons having any comments on the proposed plan may appear to provide written or oral comments to the authority. (D) Notice of the first public hearing shall include a summary of the plan and shall identify a location accessible to the public where the plan proposed to be presented and adopted at the first public hearing can be reviewed. (E) Notice of the second public hearing to consider any written or oral protests shall contain a copy of the final plan adopted pursuant to subdivision (b), and shall inform the property owner and resident of their right to submit an oral or written protest before the close of the public hearing. The protest may state that the property owner or resident objects to the authority taking action to implement the plan. (2) At the second public hearing, the authority shall consider all written and oral protests received prior to the close of the public hearing and shall terminate the proceedings or adopt the plan subject to confirmation by the voters at an election called for that purpose. The authority shall terminate the proceedings if there is a majority protest. A majority protest exists if protests have been filed representing over 50 percent of the combined number of property owners and residents in the area who are at least 18 years of age. An election shall be called if between 25 percent and 50 percent of the combined number of property owners and residents in the area who are at least 18 years of age file a protest. (d) An election required pursuant to paragraph (2) of subdivision (c) shall be held within 90 days of the public hearing and may be held by mail-in ballot. The authority shall adopt, at a duly noticed public hearing, procedures for this election. (e) If a majority of the property owners and residents vote against the plan, then the authority shall not take any further action to implement the proposed plan. The authority shall not propose a new or revised plan to the affected property owners and residents for at least one year following the date of an election in which the plan was rejected. (f) At the hour set in the notice required by subdivision (b), the authority shall consider all written and oral comments. (g) If less than 25 percent of the combined number of property owners and residents in the area who are at least 18 years of age file a protest, the authority may adopt the plan at the conclusion of the public hearing by ordinance. The ordinance adopting the plan shall be subject to referendum as prescribed by law. (h) For the purposes of Section 62005, the plan shall be the plan adopted pursuant to this section. (i) The authority shall consider and adopt an amendment or amendments to a plan in accordance with the provisions of this section. (j) The authority shall post notice of the meeting or public hearing required by this section in an easily identifiable and accessible location on the authority’s internet website and shall mail a written notice of the meeting or public hearing to each owner of land and each resident at least 10 days prior to the meeting or public hearing. (1) A separate notice of the first public hearing shall also be published not less than once a week for four successive weeks prior to the first public hearing in a newspaper of general circulation published in the county in which the area lies. (2) A separate notice of the second public hearing shall also be published not less than 10 days prior to the second public hearing in a newspaper of general circulation in the county in which the area lies. (Amended by Stats. 2025, Ch. 260, Sec. 6. (AB 417) Effective January 1, 2026.)
  155. 62004.5.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    The authority may use one mailed notice instead of separate mailed notices, and if a hearing is rescheduled it must give updated notice by publication, website posting, and email. The designated contact person must keep an email list of interested people.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62004.5. (a) As an alternative to mailing separate mailed notices prior to the meeting or public hearing pursuant to subdivision (j) of Section 62004, the authority may mail a notice to each landowner, resident, and affected taxing entity at least 40 days before the meeting held pursuant to subdivision (a) of Section 62004. This notice shall include all of the following, as applicable: (1) A summary of the plan, including all required information listed in paragraph (1) of subdivision (c) of Section 62004. (2) The internet website where the applicable documents, including those described in Section 62003, will be made available for public viewing or inspection. (3) A designated contact person to receive and process any requests for a mailed or electronically mailed packet of all materials. (4) The location, date, and time of the meeting and the two public hearings held in accordance with Section 62004. (5) A description of the actions that may be taken at the meeting and the two public hearings described in paragraph (4). (6) A description of the schedule, information, and process for accessing any amendments to the plan in accordance with subdivision (a) of Section 62006. (7) A description of the schedule, information, and process for accessing annual reports in accordance with subdivision (b) of Section 62006. (b) (1) If the first or second public hearing on the plan occurs at the location, date, and time listed in the mailed notice described in subdivision (a), then the authority shall be deemed to comply with the 10-day mailed notice requirement pursuant to subdivision (j) of Section 62004. (2) If any public hearing is rescheduled for a later date than listed in the mailed notice described in subdivision (a), due to unanticipated circumstances, the authority shall do all of the following: (A) Publish notice of the rescheduled date and time of the first or second public hearing, at least 10 days before the meeting, in a newspaper in accordance with subdivision (j) of Section 62004. (B) Post, at least 10 days before the rescheduled public hearing, notice of the rescheduled date and time of the first or second public hearing on the internet website described in paragraph (2) of subdivision (a). (C) Email, at least 10 days before the rescheduled public hearing, notification of the rescheduled date and time of the first or second public hearing to the email contact list assembled and maintained in accordance with subdivision (c). (c) The designated contact person described in paragraph (3) of subdivision (a) shall assemble and maintain an email contact list of all landowners, residents, and other interested parties who have expressed interest in receiving information and materials. (Added by Stats. 2025, Ch. 260, Sec. 7. (AB 417) Effective January 1, 2026.)
  156. 62004.6.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    A required notice under this part must be given in English and in any other language meeting the 20% population threshold, except for certain newspaper notices.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62004.6. Except for the newspaper notices described in subdivision (j) of Section 62004, a notice required by this part shall be provided in English and in all other languages spoken jointly by 20 percent or more of the population in the jurisdiction of the county of the proposed authority that speaks English less than “very well” and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (Added by Stats. 2025, Ch. 260, Sec. 8. (AB 417) Effective January 1, 2026.)
  157. 62005.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    This section lets certain local agencies and cities direct tax increment revenues to a community revitalization authority, with required housing set-asides and repayment rules for any funds advanced by a consenting local agency.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62005. (a) (1) The plan adopted pursuant to Section 62004 may include a provision that taxes levied and collected upon taxable property in the area included within the territory each year by or for the benefit the taxing agencies that have adopted a resolution pursuant to subdivision (d), shall be divided, subject to the provisions of Section 53993, as follows: (A) That portion of the taxes that would have been produced by the rate upon which the tax is levied each year by or for each of the consenting local agencies upon the total sum of the assessed value of the taxable property in the territory as shown upon the assessment roll used in connection with the taxation of the property by the consenting local agency, last equalized prior to the effective date of the certification of completion, and that portion of taxes by or for each school entity, shall be allocated to, and when collected shall be paid to, the respective consenting local agencies and school entities as taxes by or for the consenting local agencies and school entities on all property are paid. (B) That portion of the levied taxes each year specified in the community revitalization plan adopted pursuant to Section 62004 for each consenting local agency that has agreed to participate pursuant a resolution adopted pursuant to subdivision (d), in excess of the amount specified in subparagraph (A), shall be allocated to, and when collected shall be paid into a special fund of the authority to finance the improvements specified in the community revitalization plan. (2) A consenting local agency may advance funds to the authority. The authority shall use those advanced funds solely for the purposes specified in the community revitalization plan and shall repay the consenting local agency with revenue from the taxes received pursuant to this subdivision. (b) For purposes of this section, the following definitions apply: (1) “Taxing agency” means a local agency as defined by subdivision (a) of Section 95 of the Revenue and Taxation Code, and does not include any school entity as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code. (2) “Consenting local agency” means a local agency that has adopted a resolution of its governing body consenting to the community revitalization and investment plan. (3) “Territory” means the land that is contained within the community revitalization plan. (c) The provision for the receipt of tax increment funds shall become effective in the tax year that begins after the December 1 first following the adoption of the plan. (d) At any time prior to or after adoption of the plan, any city, county, or special district, other than a school entity as defined in subdivision (n) of Section 95 of the Revenue and Taxation Code or a successor agency as defined in subdivision (j) of Section 34171, that receives ad valorem property taxes from property located within an area may adopt a resolution directing the county auditor-controller to allocate its share of tax increment funds within the area covered by the plan according to subdivision (a) to the authority. The resolution adopted pursuant to this subdivision may direct the county auditor-controller to allocate less than the full amount of the tax increment, establish a maximum amount of time in years that the allocation takes place, or limit the use of the funds by the authority for specific purposes or programs, provided that 25 percent of the amount of tax increment designated shall be allocated for affordable housing pursuant to Section 62100. A resolution adopted pursuant to this subdivision may be repealed and be of no further effect by giving the county auditor-controller 60 days’ notice; provided, however, that the county auditor-controller shall continue to allocate to the authority the taxing entity’s share of ad valorem property taxes that have been pledged to the repayment of debt issued by the authority until the debt has been fully repaid. Prior to adopting a resolution pursuant to this subdivision, a city, county, or special district shall approve a memorandum of understanding with the authority governing the authority’s use of tax increment funds for administrative and overhead expenses pursuant to subdivision (g) of Section 62001. (e) Upon adoption of a plan that includes a provision for the receipt of tax increment funds according to subdivision (a), the county auditor-controller shall allocate tax increment revenue to the authority as follows: (1) If the authority was formed pursuant to subparagraph (A) of paragraph (1) of subdivision (b) of Section 62001, the authority shall be allocated each year specified in the plan that portion of the taxes levied for each city, county, city and county, and special district that has adopted a resolution pursuant to subdivision (d), in excess of the amount specified in paragraph (1) of subdivision (a). (2) If the authority was formed pursuant to subparagraph (B) of paragraph (1) of subdivision (b) of Section 62001, the authority shall be allocated each year specified in the plan that portion of the taxes levied for each jurisdiction as provided in the joint powers agreement in excess of the amount specified in paragraph (1) of subdivision (a). (f) If an area includes, in whole or in part, land formerly or currently designated as a part of a redevelopment project area, as defined in Section 33320.1 of the Health and Safety Code, any plan adopted pursuant to this part that includes a provision for the receipt of tax increment revenues according to subdivision (a) shall include a provision that tax increment amounts payable to an authority are subject and subordinate to any preexisting enforceable obligation as that term is defined by Section 34171 of the Health and Safety Code. (Amended by Stats. 2016, Ch. 49, Sec. 6. (SB 975) Effective January 1, 2017.)
  158. 62006.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    The authority must audit itself every year, publish and report on an annual report, give notice and hold hearings for plan changes, and may be blocked from starting new projects if enough protests or a vote against the plan occurs.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62006. (a) The authority shall require the preparation of an annual independent financial audit paid for from revenues of the authority, and review the plan at least annually and make any amendments that are necessary and appropriate in accordance with the following procedures: (1) Amendments to an approved plan, including proposals to finance affordable housing pursuant to Part 2, and additional eligible projects, may be approved by a majority vote of the authority’s governing board at a public hearing held following the provision of a 30-day mailed notice describing the proposed changes to all property owners, residents and taxing agencies. (2) Amendments that propose any of the following shall be adopted in accordance with all notice and hearing requirements for the affected landowners and residents within the proposed additional territory applicable to an initial plan set forth in Section 62004: (i) Addition of new territory or project areas to a plan. (ii) Increase the limit of the total number of dollars in local taxes allocated. (iii) Approve a public facility or development that was not proposed to be financed or assisted by the district in the approved plan. (b) An authority shall adopt an annual report on or before June 30 of each year after holding a public hearing. Written copies of the draft report shall be made available to the public 30 days prior to the public hearing. The authority shall cause the draft report to be posted in an easily identifiable and accessible location on the authority’s internet website and shall mail a written notice of the availability of the draft report on the internet website to each owner of land and each resident within the area covered by the plan and to each taxing entity that has adopted a resolution pursuant to subdivision (d) of Section 62005. The notice shall be mailed by first-class mail, but may be addressed to “occupant.” (c) The annual report shall contain all of the following: (1) A description of the projects undertaken in the fiscal year, including any rehabilitation of structures, and a comparison of the progress expected to be made on those projects compared to the actual progress. (2) A chart comparing the actual revenues and expenses, including administrative costs, of the authority to the budgeted revenues and expenses. (3) The amount of tax increment revenues received. (4) The amount of revenues expended for low- and moderate-income housing. (5) An assessment of the status regarding completion of the authority’s projects. (6) The amount of revenues expended to assist private businesses. (d) If the authority fails to provide the annual report required by subdivision (a), the authority shall not spend any funds received pursuant to a resolution adopted pursuant to subdivision (d) of Section 62005 until the authority has provided the report, except for funds necessary to carry out its obligation under Part 2 (commencing with Section 62100). (e) Every 15 years, at the public hearing held pursuant to subdivision (b) and after adopting the annual report, the authority shall consider whether the property owners and residents within the plan area wish to propose amendments to the plan. The authority may consider and adopt amendments to the plan at the conclusion of the public hearing. After considering any amendments to the plan, the authority shall conduct a protest proceeding to consider whether the property owners or residents within the plan area wish to present oral or written protests against the authority undertaking new projects. Notice of this proceeding shall be included in the written notice of the hearing on the annual report and shall inform the property owner and resident of their right to submit proposed amendments to the plan, or an oral or written protest to prohibit new projects under the plan, before the close of the public hearing. The protest may state that the property owner or resident objects to the authority taking action to implement new projects under the plan on and after the date of the election described in subdivision (f). The authority shall consider all written and oral protests received prior to the close of the public hearing. (f) Except as provided in subdivision (h), if there is a majority protest, the authority shall not take any further action to implement new projects under the plan on and after the date the existence of a majority protest is determined. If between 25 percent and 50 percent of the property owners and residents file protests, then the authority shall call an election of the property owners and residents in the area covered by the plan, and shall not initiate or authorize any new projects until the election is held. A majority protest exists if protests have been filed representing over 50 percent of the combined number of property owners and residents, at least 18 years of age or older, in the area. (g) An election required pursuant to subdivision (f) shall be held within 90 days of the public hearing and may be held by mail-in ballot. The authority shall adopt, at a duly noticed public hearing, procedures for holding this election. (h) If a majority of the property owners and residents vote against the plan, then the authority shall not take any further action to implement new projects under the plan on and after the date of the election held pursuant to subdivision (e). This section shall not be interpreted to prohibit an authority from doing any of the following: (1) In fulfilling its obligations to repay all outstanding bonded indebtedness, fulfill all contractual obligations to third parties, or take all actions necessary so that the interest on any outstanding bonded indebtedness is excluded from gross income for federal income tax purposes. (2) Expending bond proceeds and other revenues to complete any previously approved project or contractual obligation. (3) Expending funds to complete any of the affordable housing obligations required by Part 2 (commencing with Section 62100). (Amended by Stats. 2021, Ch. 391, Sec. 10. (SB 780) Effective January 1, 2022.)
  159. 62007.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    The authority must periodically hire an independent audit once it has allocated over $1,000,000 in tax increment revenues, and it must file a compliance plan if the audit finds noncompliance.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62007. (a) Every five years, beginning in the calendar year in which the authority has allocated a cumulative total of more than one million dollars ($1,000,000) in tax increment revenues, including any proceeds of a debt issuance, for the purposes of subdivision (c) of Section 62003, the authority shall contract for an independent audit to determine compliance with the affordable housing requirements of Chapter 1 (commencing with Section 62100) and Chapter 2 (commencing with Section 62115) of Part 2, including provisions to ensure that the requirements are met within each five-year period covered by the audit and completed no later than the time limit established pursuant to subdivision (g) of Section 62003. The audit shall be conducted according to guidelines established by the Controller, which shall be established on or before December 31, 2021. A copy of the completed audit shall be provided to the Controller. The Controller shall not be required to review and approve the completed audits. (b) Where the audit demonstrates a failure to comply with the requirements of Chapter 1 (commencing with Section 62100) and Chapter 2 (commencing with Section 62115) of Part 2, the authority shall adopt and submit to the Controller, as part of the audit, a plan to achieve compliance with those provisions as soon as feasible, but in not less than two years following the audit findings. The Controller shall review and approve the compliance plan, and require the compliance plan to stay in effect until compliance is achieved. The Controller shall ensure that the compliance plan includes one or more of the following means of achieving compliance: (1) The expenditure of an additional 10 percent of gross tax increment revenue on increasing, preserving, and improving the supply of low-income housing. (2) An increase in the production, by an additional 10 percent, of housing for very low income households as required by paragraph (2) of subdivision (b) of Section 62120. (3) The targeting of expenditures pursuant to Section 62100 exclusively to rental housing affordable to, and occupied by, persons of very low and extremely low income. (c) If an authority is required to conduct an audit pursuant to subdivision (a) in advance of the issuance of the Controller’s guidelines, then it shall prepare an updated audit pursuant to the Controller’s guidelines on or before January 1, 2023. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  160. 62008.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    An authority that misses the audit-copy deadline after Controller notice must forfeit money to the state, with the amount based on prior-year revenue and increased for repeated failures; the Controller may waive the forfeiture for good cause.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 1. General Provisions [62000 - 62008] ( Part 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62008. (a) If an authority fails to provide a copy of the completed audit to the Controller as required by paragraph (2) of subdivision (c) within 20 days following receipt of a written notice of the failure from the Controller, the authority shall forfeit to the state: (1) Two thousand five hundred dollars ($2,500) in the case of an authority with a total revenue, in the prior year, of less than one hundred thousand dollars ($100,000), as reported in the Controller’s annual financial reports. (2) Five thousand five hundred dollars ($5,500) in the case of an authority with a total revenue, in the prior year, of at least one hundred thousand dollars ($100,000) but less than two hundred fifty thousand dollars ($250,000), as reported in the Controller’s annual financial reports. (3) Ten thousand dollars ($10,000) in the case of an authority with a total revenue, in the prior year, of at least two hundred fifty thousand dollars ($250,000), as reported in the Controller’s annual financial reports. (b) If an authority fails to provide a copy of the completed audit to the Controller as required by paragraph (2) of subdivision (c) within 20 days after receipt of a written notice pursuant to subdivision (a) for two consecutive years, the authority shall forfeit an amount that is double the amount of the forfeiture assessed pursuant to subdivision (a). (c) (1) If an authority fails to provide a copy of the completed audit to the Controller as required by paragraph (2) of subdivision (c) within 20 days after receipt of a written notice pursuant to subdivision (a) for three or more consecutive years, the authority shall forfeit an amount that is triple the amount of the forfeiture assessed pursuant to subdivision (a). (2) The Controller shall conduct, or cause to be conducted, an independent financial audit report. (3) The authority shall reimburse the Controller for the cost of complying with this subdivision. (d) Upon the request of the Controller, the Attorney General shall bring an action for the forfeiture in the name of the people of the State of California. If the Attorney General fails to respond to the request within 90 days of its receipt, then any other available remedies may be exercised. An action filed pursuant to this section to compel an agency to comply with this section is in addition to any other remedy and is not an exclusive means to compel compliance. (e) Upon satisfactory showing of good cause, the Controller shall waive the forfeiture requirements of this section. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  161. 6201.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Crimes Relating to Public Records, Documents, and Certificates [6200 - 6203] ( Chapter 3 enacted by Stats. 1943, Ch. 134. )

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    People who are not officers covered by Section 6200 and who commit the acts listed there can be punished with jail, a fine, or both.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Crimes Relating to Public Records, Documents, and Certificates [6200 - 6203] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## 6201. Every person not an officer referred to in Section 6200, who is guilty of any of the acts specified in that section, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 130. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  162. 6203.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Crimes Relating to Public Records, Documents, and Certificates [6200 - 6203] ( Chapter 3 enacted by Stats. 1943, Ch. 134. )

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    An authorized officer must not knowingly make and deliver a false certificate or writing as true.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Crimes Relating to Public Records, Documents, and Certificates [6200 - 6203] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## 6203. (a) Every officer authorized by law to make or give any certificate or other writing is guilty of a misdemeanor if he or she makes and delivers as true any certificate or writing containing statements which he or she knows to be false. (b) Notwithstanding any other limitation of time described in Section 802 of the Penal Code, or any other provision of law, prosecution for a violation of this offense shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later. (c) The penalty provided by this section is not an exclusive remedy, and does not affect any other relief or remedy provided by law. (Amended by Stats. 2007, Ch. 399, Sec. 3. Effective January 1, 2008.)
  163. 6204.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.01. Public Records Protection and Recovery [6204 - 6204.4] ( Chapter 3.01 added by Stats. 2009, Ch. 519, Sec. 1. )

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    This section defines key terms and lets the secretary demand return or explanation for a state or local record held without authorization.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.01. Public Records Protection and Recovery [6204 - 6204.4] ( Chapter 3.01 added by Stats. 2009, Ch. 519, Sec. 1. ) ## 6204. (a) For purposes of this chapter, the following definitions shall apply: (1) “Archivist” means the Chief of Archives, as specified in Section 12227. (2) “Record” has the same meaning as “public records” is defined in Section 7920.530, and includes, but is not limited to, any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by a state or local agency regardless of physical form or characteristics. (3) “Secretary” means the Secretary of State. (b) Whenever the secretary, in consultation with the archivist, has reasonable grounds to believe that a record belonging to the state or a local agency is in the possession of a person, organization, or institution not authorized by law to possess that record, the secretary may issue a written notice demanding that person, organization, or institution to do either of the following within 20 calendar days of receiving the notice: (1) Return the record to the appropriate state or local agency. (2) Respond in writing and declare why the record does not belong to the state or a local agency. (c) The notice and demand issued pursuant to subdivision (b) shall identify the record claimed to belong to the state or local agency with reasonable specificity, and shall state that the secretary is authorized to take legal action to recover the record if the person, organization, or institution fails to respond in writing within the required time or does not adequately demonstrate that the record does not belong to the state or a local agency. (d) The secretary shall send the notice and demand specified in subdivision (b) by certified or registered mail, return receipt requested. (e) When a record is returned pursuant to paragraph (1) of subdivision (b), upon the request of the person, organization, or institution that returned the record, the secretary or a local agency that receives the record shall issue to that person, organization, or institution a copy or digital image of the record, which shall be certified as a true copy of the record that was returned to the state or local agency, and dated on the same day the record was returned. (Amended by Stats. 2021, Ch. 615, Sec. 141. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  164. 6204.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.01. Public Records Protection and Recovery [6204 - 6204.4] ( Chapter 3.01 added by Stats. 2009, Ch. 519, Sec. 1. )

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    If a demanded record is not returned, the secretary may seek court action; the court can order the record returned, protected, or made available to the public.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.01. Public Records Protection and Recovery [6204 - 6204.4] ( Chapter 3.01 added by Stats. 2009, Ch. 519, Sec. 1. ) ## 6204.1. (a) If a person, organization, or institution that receives a written notice and demand from the secretary pursuant to Section 6204 does not deliver the described record, does not respond to the notice and demand within the required time, or does not adequately demonstrate that the record does not belong to the state or a local agency, the secretary may ask the Attorney General to petition the superior court in the county in which the records are located for an order requiring the return of the record. (b) After a hearing, and upon a finding that the specified record is in the possession of a person, organization, or institution not authorized by law to possess the record, the court shall order the record to be delivered to the archivist or other government official designated by the court. (c) The court may issue any order necessary to protect the record from destruction, alteration, transfer, conveyance, or alienation by the person, organization, or institution in possession of the record, and may order the record to be surrendered into the custody of the archivist pending the court’s decision on the petition. The court may order the record to be available for public access under a request made pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000)). (Amended by Stats. 2021, Ch. 615, Sec. 142. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  165. 6204.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.01. Public Records Protection and Recovery [6204 - 6204.4] ( Chapter 3.01 added by Stats. 2009, Ch. 519, Sec. 1. )

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    A local agency may seek help to recover its record, and the court can order the record returned and protected if it finds the record is held by someone not authorized to possess it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.01. Public Records Protection and Recovery [6204 - 6204.4] ( Chapter 3.01 added by Stats. 2009, Ch. 519, Sec. 1. ) ## 6204.2. (a) If a local agency has reasonable grounds to believe that a record belonging to that local agency is in the possession of a person, organization, or institution not authorized by law to possess the record, it may request the secretary to act on its behalf pursuant to the procedures specified in Sections 6204 and 6204.1, or undertake on its own behalf the same procedure available to the secretary under those sections, subject to subdivisions (b), (c), and (d). (b) If a person, organization, or institution that receives a written notice and demand from a local agency issued pursuant to this section does not deliver the described record, does not respond to the notice and demand within the required time, or does not adequately demonstrate that the record does not belong to the local agency, the local agency may request the county district attorney or, where applicable, the city attorney, to petition the superior court in the county in which the record is located for an order requiring the return of the record. (c) After a hearing, and upon a finding that a specified record is in the possession of a person, organization, or institution not authorized by law to possess the record, the court shall order the record to be delivered to the local agency or a government official designated by the court. (d) The court may issue any order necessary to protect the record from destruction, alteration, transfer, conveyance, or alienation by the person, organization, or institution in possession of the record, and may order the record to be surrendered into the custody of the local agency pending the court’s decision on the petition. The court may order the record to be available for public access under a request made pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000)). (Amended by Stats. 2021, Ch. 615, Sec. 143. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  166. 6204.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.01. Public Records Protection and Recovery [6204 - 6204.4] ( Chapter 3.01 added by Stats. 2009, Ch. 519, Sec. 1. )

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    An organization or institution with physical custody of a record is exempt from Sections 6204 to 6204.2 if it follows the stated archival practices and makes its records subject to inspection; if it refuses or continues to deny inspection, the archivist/local agency and then the secretary may act.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.01. Public Records Protection and Recovery [6204 - 6204.4] ( Chapter 3.01 added by Stats. 2009, Ch. 519, Sec. 1. ) ## 6204.3. (a) Notwithstanding any other provision of this chapter, an organization or institution having physical custody of a record shall be exempt from Sections 6204 to 6204.2, inclusive, if the organization or institution meets both of the following requirements: (1) It follows professional practices recommended by the Society of American Archivists, as used by the archivist, for the management, care, and preservation of historical records. (2) It requires that all records it receives or maintains are subject to inspection to the same extent that the records would be subject to inspection and not exempt from disclosure pursuant to Division 10 (commencing with Section 7920.000) if received or maintained by a public agency. (b) If an organization or institution refuses public inspection of a record in its custody in violation of the requirements described in paragraph (2) of subdivision (a), the archivist or local agency, or a designated representative, shall contact the organization or institution to inform it of those requirements and, if appropriate, facilitate inspection of the record. If an organization or institution continues to deny public inspection consistent with paragraph (2) of subdivision (a), the secretary, on behalf of the archivist or the local agency may pursue recovery of the records under this chapter. (Amended by Stats. 2021, Ch. 615, Sec. 144. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  167. 6204.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.01. Public Records Protection and Recovery [6204 - 6204.4] ( Chapter 3.01 added by Stats. 2009, Ch. 519, Sec. 1. )

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    In a chapter action, the court may award reasonable attorney’s fees and costs to the prevailing party.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.01. Public Records Protection and Recovery [6204 - 6204.4] ( Chapter 3.01 added by Stats. 2009, Ch. 519, Sec. 1. ) ## 6204.4. In an action brought pursuant to this chapter, the court may award reasonable attorney’s fees and costs to the prevailing party. (Added by Stats. 2009, Ch. 519, Sec. 1. (AB 1245) Effective January 1, 2010.)
  168. 6205.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

    Verify source ↗

    This section states the purpose of the chapter: to protect victims’ changed names and locations from disclosure while helping agencies coordinate confidentiality measures.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6205. (a) The Legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse frequently establish new names or addresses to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the changed name or location of a victim of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse to enable interagency cooperation with the Secretary of State in providing name and address confidentiality for victims of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse and to enable state and local agencies to accept a program participant’s use of an address designated by the Secretary of State as a substitute mailing address. (b) This section shall become operative on July 1, 2024. (Repealed (in Sec. 2) and added by Stats. 2023, Ch. 642, Sec. 3. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  169. 6205.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

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    This section defines key terms used throughout the chapter and says the section becomes operative on July 1, 2024.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6205.5. (a) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) “Address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant under this chapter. (2) “Child abduction” means an act or attempted act made punishable pursuant to Section 278 or 278.5 of the Penal Code. (3) “Cohabitant” has the same meaning as in subdivision (b) of Section 18291 of the Welfare and Institutions Code. (4) “Domestic violence” means an act as defined in Section 6211 of the Family Code. (5) “Domicile” means a place of habitation as defined in Section 349 of the Elections Code. (6) “Elder or dependent adult abuse” means an act described in Section 15610.07 of the Welfare and Institutions Code or an offense described in Section 368 of the Penal Code. (7) “Household member” means an adult person who resides at the same residential address as the applicant or participant and is related to the applicant or participant by blood, marriage, registered domestic partnership, adoption, or is a cohabitant of an applicant or participant. (8) “Human trafficking” means any act punishable pursuant to Section 236.1 of the Penal Code. (9) “Program participant” means a person certified as a program participant under Section 6206. (10) “Sexual assault” means an act or attempted act made punishable by Section 220, 261, 261.5, 264.1, 266c, 269, 285, 286, 287, 288, 288.5, 289, or 647.6 of, or former Section 262 or 288a of, the Penal Code. (11) “Stalking” means an act as defined in Section 646.9 of the Penal Code. (b) This section shall become operative on July 1, 2024. (Repealed (in Sec. 4) and added by Stats. 2023, Ch. 642, Sec. 5. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  170. 6206.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

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    Some people may apply for an address-confidentiality program, and the Secretary of State must process, certify, notify, record, and publish materials as this section requires.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6206. (a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State serve as the person’s address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based victims’ assistance program or a community-based assistance program that serves victims of elder or dependent adult abuse pursuant to the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code). The application process shall include a requirement that the applicant meet with a victims’ assistance counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following: (1) A sworn statement by the applicant that the applicant has good reason to believe both of the following: (A) That the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse, or is a household member of a victim who is making or has made an application pursuant to this section, unless the applicant is the perpetrator of the crime that provided the basis for that victim’s application. (B) That the applicant fears for their safety, the safety of their children or household members, or the safety of the minor or incapacitated person on whose behalf the application is made. (2) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse, the application may be accompanied by evidence, including, but not limited to, any of the following: (A) Police, court, or other government agency records or files. (B) Documentation from a domestic violence or sexual assault program, if the person is alleged to be a victim of domestic violence, sexual assault, stalking, or human trafficking. (C) Documentation from a legal, clerical, medical, or other professional from whom the applicant or person on whose behalf the application is made has sought assistance in dealing with the alleged domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse. (D) Any other evidence that supports the sworn statement, such as a statement from any other individual with knowledge of the circumstances that provides the basis for the claim, or physical evidence of the act or acts of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse. (3) If the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a household member of a person described in paragraph (2), the application shall include the name of that person and evidence that the applicant is a household member. (4) The name and last known address of the applicant’s minor child or children, and the name and last known address of all other parents or guardians of the minor child or children of the applicant, as legally established by voluntary declaration of paternity, court order, placement on the child’s birth certificate, or other legal method pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code). If no other parent or guardian has been established for the applicant’s minor child or children, this section may be left blank. (5) A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail. (A) Service on the Secretary of State of any summons, writ, notice, demand, or process shall be made by delivering to the address confidentiality program personnel of the office of the Secretary of State a copy of the summons, writ, notice, demand, or process. (B) If a summons, writ, notice, demand, or process is served on the Secretary of State, the Secretary of State shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program so that the summons, writ, notice, demand, or process is received by the program participant within three days of the Secretary of State’s having received it. (C) The Secretary of State shall keep a record of all summonses, writs, notices, demands, and processes served upon the Secretary of State under this section and shall record the time of that service and the Secretary of State’s action. (D) The office of the Secretary of State and any agent or person employed by the Secretary of State shall be held harmless from liability in any action brought by a person injured or harmed as a result of the handling of first-class mail on behalf of program participants. (6) The mailing address and the telephone number or numbers where the applicant can be called by the Secretary of State, and if available, the email address where the applicant can be contacted by the Secretary of State. (7) The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse. (8) The signature of the applicant and of any individual or representative of any office designated in writing under Section 6208.5 who assisted in the preparation of the application, and the date on which the applicant signed the application. (b) Commencing January 1, 2023, the Secretary of State shall make the application form for participation in the program and any explanatory materials available in English and in at least the other languages described in Section 1632 of the Civil Code. The Secretary of State may make the application available in additional languages. (c) Applications shall be filed with the office of the Secretary of State. (d) Upon filing a properly completed application, the Secretary of State shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing, unless the certification is withdrawn or invalidated before that date. The Secretary of State shall, by rule, establish a renewal procedure. A minor program participant who reaches 18 years of age during their enrollment may renew as an adult following the renewal procedures established by the Secretary of State. (e) If a minor child has any other legally established parent or parents, upon certification, the Secretary of State shall, within 10 days, notify all other parents or guardians identified pursuant to paragraph (4) of subdivision (a) of the designation of the Secretary of State as agent for purposes of service of process and, unless there is a court order prohibiting contact between the other parent or parents or guardian and the minor child or children of the participant, the address designated by the Secretary of State for the program participant. The notice shall be given by mail, return receipt requested, postage prepaid, to the last known address of the other parent or parents or guardian to be notified. A copy shall also be sent to that parent’s or guardian’s counsel of record, if provided to the Secretary of State by the applicant. (f) A person who falsely attests in an application that disclosure of the applicant’s address would endanger the applicant’s safety or the safety of the applicant’s children or household members, or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, is guilty of a misdemeanor. A notice shall be printed in bold type and in a conspicuous location on the face of the application informing the applicant of the penalties under this subdivision. Commencing January 1, 2023, the Secretary of State shall make the notice required by this subdivision available in English and in at least the other languages described in Section 1632 of the Civil Code. The Secretary of State may make the notice available in additional languages. (g) This section shall become operative on July 1, 2024. (Repealed (in Sec. 6) and added by Stats. 2023, Ch. 642, Sec. 7. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  171. 6206.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

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    A program participant’s certification cannot be used as evidence that minor children in the participant’s custody are at risk in the participant’s care.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6206.1. Certification as a program participant shall not be evidence that minor children in the participant’s custody are at risk in the participant’s care. (Added by Stats. 2022, Ch. 686, Sec. 5. (AB 1726) Effective January 1, 2023.)
  172. 6206.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

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    The Secretary of State must keep certain program participants’ name changes confidential and treat those participants the same as other program participants under this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6206.4. The Secretary of State shall keep confidential name changes of program participants obtained pursuant to subdivision (b) of Section 1277 of the Code of Civil Procedure. The Secretary of State shall have the same responsibilities and obligations to program participants who have obtained a name change as to any other program participant under this chapter. (Added by Stats. 2000, Ch. 33, Sec. 5. Effective January 1, 2001.)
  173. 6206.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

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    When a program participant’s certification ends, the Secretary of State must keep the participant’s records confidential and retain them for set periods, with some records destroyed and change-of-name records kept permanently.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6206.5. Upon termination of a program participant’s certification, the Secretary of State shall retain records as follows: (a) Except as provided in subdivision (g) of Section 6206.7 or Section 6208, any records or documents pertaining to a program participant shall be held confidential for a period of three years after withdrawal or termination of certification. (b) All records or documents pertaining to a program participant shall be retained for a period of three years after termination of certification and then destroyed, except for change of name records, which shall be retained permanently and only be accessible pursuant to Section 6208 and Section 1798.34 of the Civil Code. (Amended by Stats. 2012, Ch. 270, Sec. 3. (SB 1082) Effective January 1, 2013.)
  174. 6206.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

    Verify source ↗

    This section lets a program participant withdraw, and lets the Secretary of State terminate or refuse renewal of certification in specified situations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6206.7. (a) A program participant may withdraw from program participation by submitting to the Secretary of State written notification of withdrawal and the program participant’s current identification card. Certification shall be terminated on the date of receipt of this notification. (b) The Secretary of State may terminate a program participant’s certification and invalidate the program participant’s authorization card for any of the following reasons: (1) The program participant’s certification term has expired and certification renewal has not been completed. (2) The Secretary of State has been informed that another state agency determined that false information was used in the application process to qualify as a program participant or that participation in the program is being used as a subterfuge to avoid detection of illegal or criminal activity or apprehension by law enforcement. (3) The program participant no longer resides at the most recent residential address provided to the Secretary of State and has not provided notice in writing of a change in address within 30 days. (4) A service of process document or mail forwarded to the program participant by the Secretary of State is returned as nondeliverable. Before terminating a program participant’s certification due to nondeliverable mail, the program shall attempt to contact the participant by telephone and email, if available, to resolve the mail delivery issue. (5) The program participant obtains a legal name change and fails to notify the Secretary of State within 30 days. (6) The program participant, who reaches 18 years of age during the program participant’s certification term, has not renewed the program participant’s certification within 60 days of reaching 18 years of age. (7) The program participant moves from their California place of residence to relocate out of state. (c) The Secretary of State may refuse to renew a program participant’s certification if the adult program participant or the parent or guardian acting on behalf of a minor or incapacitated person moves from their California place of residence to another residence in this state. If, however, the program participant or parent or guardian acting on behalf of a minor or incapacitated person leaves the state during their valid participation term, they shall not be terminated on the grounds of having abandoned their domicile in this state until they have resided outside of this state for a period of more than 60 consecutive days if relocating to a state with an address confidentiality program. If the program participant or parent or guardian acting on behalf of a minor or incapacitated person has relocated to a state without an address confidentiality program, they shall remain enrolled and mail shall be forwarded for the remainder of their certification term. (d) If intended termination is based on any of the reasons under subdivision (b) or (c), the Secretary of State shall send written notification of the intended termination to the program participant. The program participant shall have 30 days in which to appeal the intended termination under procedures developed by the Secretary of State. (e) The Secretary of State shall notify in writing the county elections official of the program participant’s certification withdrawal, invalidation, expiration, or termination. The Secretary of State shall cooperate with authorized personnel of the appropriate county clerk’s office, county recording office, and state and local agencies to verify, upon request of any such entity, the program participant’s certification withdrawal, invalidation, expiration, or termination. (f) Upon receipt of this termination notification, authorized personnel shall transmit to the Secretary of State all appropriate administrative records pertaining to the program participant and the record transmitting agency is no longer responsible for maintaining the confidentiality of a terminated program participant’s record. (g) Following termination of program participant certification as a result of paragraph (2) of subdivision (b), the Secretary of State may disclose information contained in the participant’s application. (Amended by Stats. 2022, Ch. 975, Sec. 2.5. (AB 2872) Effective January 1, 2023.)
  175. 6207.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

    Verify source ↗

    Program participants can ask agencies to use a Secretary of State substitute address, and agencies must accept it in public records unless specific exceptions apply.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6207. (a) A program participant may request that state and local agencies use the address designated by the Secretary of State as his or her address. When creating a public record, state and local agencies shall accept the address designated by the Secretary of State as a program participant’s substitute address, unless the Secretary of State has determined both of the following: (1) The agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under this chapter. (2) This address will be used only for those statutory and administrative purposes and shall not be publicly disseminated. (b) A program participant may request that state and local agencies use the address designated by the Secretary of State as his or her address. When modifying or maintaining a public record, excluding the record of any birth, fetal death, death, or marriage registered under Division 102 (commencing with Section 102100) of the Health and Safety Code, state and local agencies shall accept the address designated by the Secretary of State as a program participant’s substitute address, unless the Secretary of State has determined both of the following: (1) The agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under this chapter. (2) This address will be used only for those statutory and administrative purposes and shall not be publicly disseminated. (c) A program participant may use the address designated by the Secretary of State as his or her work address. (d) The office of the Secretary of State shall forward all first-class mail and all mail sent by a governmental agency to the appropriate program participants. The office of the Secretary of State may, in its discretion, refuse to handle or forward packages regardless of size or type of mailing. (e) Notwithstanding subdivisions (a) and (b), program participants shall comply with the provisions specified in subdivision (d) of Section 1808.21 of the Vehicle Code if requesting suppression of the records maintained by the Department of Motor Vehicles. Program participants shall also comply with all other provisions of the Vehicle Code relating to providing current address information to the department. (Amended by Stats. 2012, Ch. 270, Sec. 5. (SB 1082) Effective January 1, 2013.)
  176. 6207.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

    Verify source ↗

    A program participant who is otherwise qualified to vote may register and vote confidentially under Elections Code Section 2166.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6207.5. A program participant who is otherwise qualified to vote may seek to register and vote in a confidential manner pursuant to Section 2166.5 of the Elections Code. (Added by Stats. 1998, Ch. 1005, Sec. 2. Effective January 1, 1999.)
  177. 6208.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

    Verify source ↗

    The Secretary of State may not let a program participant’s address or name change be inspected or copied, except in listed circumstances.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6208. The Secretary of State may not make a program participant’s address, other than the address designated by the Secretary of State, or a program participant’s name change available for inspection or copying, except under any of the following circumstances: (a) If requested by a law enforcement agency, to the law enforcement agency. (b) If directed by a court order, to a person identified in the order. (c) If certification has been terminated as a result of paragraph (2) of subdivision (b) of Section 6206.7. (Amended by Stats. 2011, Ch. 200, Sec. 3. (SB 636) Effective January 1, 2012.)
  178. 6208.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

    Verify source ↗

    This section prohibits certain public posting, display, sale, trade, or solicitation of a participant’s home address, phone number, or image, especially when done with harmful intent.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6208.1. (a) (1) No person, business, association, or other entity shall knowingly and intentionally publicly post or publicly display on the internet or any other public space the home address, home telephone number, or image of a program participant or other individuals residing at the same home address with the intent to do either of the following: (A) Incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm. (B) Threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety. Disclosure alone may be considered a threat, depending on the totality of the circumstances. (2) A participant whose home address, home telephone number, or image is made public as a result of a violation of paragraph (1) may do either or both of the following: (A) Bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees. (B) Bring an action for money damages in any court of competent jurisdiction. In addition to any other legal rights or remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000). (b) (1) No person, business, association, or other entity shall knowingly and intentionally publicly post or publicly display on the internet or other public space the home address or home telephone number of a participant if that individual has made a written demand of that person, business, or association to not disclose their home address or home telephone number. A demand made under this paragraph shall include a sworn statement declaring that the person is subject to the protection of this section and describing a reasonable fear for the safety of that individual or of any person residing at the individual’s home address, based on a violation of subdivision (a). A written demand made under this paragraph shall be effective for four years, regardless of whether or not the individual’s program participation has expired before the end of the four-year period. (2) A participant whose home address or home telephone number is made public as a result of a failure to honor a demand made pursuant to paragraph (1) may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees. (3) This subdivision shall not apply to a person or entity defined in Section 1070 of the Evidence Code. (c) (1) No person, business, association, or other entity shall solicit, sell, or trade on the internet, or any other forum, the home address, home telephone number, or image of a participant with the intent to do either of the following: (A) Incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm. (B) Threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety. (2) A participant whose home address, home telephone number, or image is solicited, sold, or traded in violation of paragraph (1) may bring an action in any court of competent jurisdiction. In addition to any other legal rights and remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000). (d) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause bodily harm that is likely to occur or threatens to cause bodily harm to a participant or any person residing at the same home address. (e) Nothing in this section is intended to preclude prosecution under any other provision of law. (f) For the purposes of this section, the following terms are defined as follows: (1) “Image” includes, but is not limited to, any photograph, video, sketch, or computer-generated image that provides a means to visually identify the person depicted. (2) “Program participant” means a person certified as a program participant in the manner described in Section 6206. (3) “Publicly post” or “publicly display” means to communicate or otherwise make available to the general public. (Amended by Stats. 2022, Ch. 686, Sec. 7. (AB 1726) Effective January 1, 2023.)
  179. 6208.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

    Verify source ↗

    A person must not post a program participant’s home address, phone number, or personal identifying information online or in another public space if it is intended to help someone commit violence, threaten violence, or intimidate the participant or family members.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6208.2. (a) (1) No person shall post on the internet or any other public space, with the intent that another person imminently use that information to commit a crime involving violence, a threat of violence against, or to intimidate the participant or the program participant’s family members who are participating in the program, the home address, the telephone number, or personal identifying information of a program participant or the program participant’s family members who are participating in the program. (2) A violation of this subdivision is a misdemeanor punishable by a fine of up to two thousand five hundred dollars ($2,500), or imprisonment of up to six months in a county jail, or by both that fine and imprisonment. (3) A violation of this subdivision that leads to the bodily injury of the program participant, or of any of the program participant’s family members who are participating in the program, is a misdemeanor punishable by a fine of up to five thousand dollars ($5,000), or imprisonment of up to one year in a county jail, or by both that fine and imprisonment. (b) Nothing in this section shall preclude prosecution under any other provision of law. (Amended by Stats. 2022, Ch. 686, Sec. 8. (AB 1726) Effective January 1, 2023.)
  180. 6208.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

    Verify source ↗

    The Secretary of State must designate certain victim-service agencies to help applicants become program participants and must conduct outreach to find and recruit those agencies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6208.5. (a) The Secretary of State shall designate state and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic violence, sexual assault, stalking, child abduction, or human trafficking as well as agencies that serve victims of elder or dependent adult abuse pursuant to the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code) to assist victims of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse applying to be program participants. The Secretary of State shall conduct outreach activities to identify and recruit the agencies. Any assistance and counseling rendered by the office of the Secretary of State or its designees to applicants shall in no way be construed as legal advice. (b) This section shall become operative on July 1, 2024. (Repealed (in Sec. 8) and added by Stats. 2023, Ch. 642, Sec. 9. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  181. 6209.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

    Verify source ↗

    The Secretary of State may adopt rules to help state and local agencies administer this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6209. The Secretary of State may adopt rules to facilitate the administration of this chapter by state and local agencies. (Added by Stats. 1998, Ch. 1005, Sec. 2. Effective January 1, 1999.)
  182. 6209.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

    Verify source ↗

    The Secretary of State must give each program participant a notice explaining certain address-confidentiality options, and must make that notice available in English and other listed languages.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6209.5. (a) The Secretary of State shall provide each program participant a notice in clear and conspicuous font that contains all of the following information: (1) The program participant is authorized by law to request to use the address designated by the Secretary of State on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home. (2) The program participant may create a revocable living trust and place their real property into the trust to protect their residential street address from disclosure in real property transactions. (3) The program participant may obtain a change of their legal name to protect their anonymity. (4) A list of contact information for entities that the program participant may contact to receive information on, or receive legal services for, the creation of a trust to hold real property or obtaining a name change, including county bar associations, legal aid societies, domestic violence prevention organizations, human trafficking prevention organizations, child abduction prevention organizations, elder and dependent adult abuse prevention organizations, state and local agencies, or other nonprofit organizations that may be able to assist program participants. (b) Commencing January 1, 2023, the Secretary of State shall make the notice required by this section available in English and in at least the other languages described in Section 1632 of the Civil Code. The Secretary of State may make the notice available in additional languages. (c) This section shall become operative on July 1, 2024. (Repealed (in Sec. 10) and added by Stats. 2023, Ch. 642, Sec. 11. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  183. 6209.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

    Verify source ↗

    The Secretary of State must keep program information and sample application forms on its website, and the forms must be available in English and certain other languages.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6209.6. Commencing January 1, 2023, the Secretary of State shall maintain information about the program, contact information for community-based victims’ assistance programs and community-based assistance programs that serve victims of elder or dependent adult abuse that can assist a person in applying to participate in the program, and sample application forms on the secretary’s internet website. The sample application forms shall be available in English and in at least the other languages described in Section 1632 of the Civil Code. The Secretary of State may make the sample application forms available in additional languages. (Added by Stats. 2021, Ch. 457, Sec. 4. (AB 277) Effective January 1, 2022.)
  184. 6209.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

    Verify source ↗

    Program participants cannot falsify their location to avoid custody or visitation orders, and the court must treat location-related disclosure requests under a rebuttable presumption that favors participant safety and confidentiality.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6209.7. (a) Nothing in this chapter, nor participation in this program, affects custody or visitation orders in effect before or during program participation. A program participant who falsifies their location in order to unlawfully avoid custody or visitation orders is subject to immediate termination from the program and is guilty of a misdemeanor. (b) (1) The fact that a participant is registered with the program shall create a rebuttable presumption that disclosure of information about the participant’s location and activities during the period of the registration, including, but not limited to, the participant’s current and past residential, work, or school addresses and other location information, would lead to the discovery of the participant’s actual residential address or physical location, would endanger the safety of the participant, and is not authorized. (2) This subdivision creates a presumption affecting the burden of producing evidence and may be rebutted by clear and convincing evidence showing, among other things, that discovery of the information about the participant’s location and activities would not lead to discovery of the participant’s actual residential address or physical location and would not endanger the safety of the participant. The presumption shall not be rebutted merely by the other parent’s desire to know the participant’s address, and the court shall weigh participant safety. If a court finds the presumption is rebutted, it shall provide its reasons on the record. (3) This presumption shall also govern discovery requests under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure). A participant shall not be required to provide, in discovery, their residential address or other location information reasonably likely to lead to the discovery of these addresses, unless ordered to do so by a court after the other party has rebutted the presumption against disclosure of this information. (c) Participation in the program does not constitute evidence of domestic violence, stalking, sexual assault, human trafficking, child abduction, or elder or dependent adult abuse for purposes of making custody or visitation orders. (d) This section shall become operative on July 1, 2024. (Repealed (in Sec. 12) and added by Stats. 2023, Ch. 642, Sec. 13. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  185. 6210.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. )

    Verify source ↗

    The Secretary of State must file annual reports to the Legislature about the program and start accepting applications and related activities on July 1, 1999.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.1. Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult Abuse [6205 - 6210] ( Heading of Chapter 3.1 amended by Stats. 2023, Ch. 642, Sec. 1. ) ## 6210. (a) Notwithstanding Section 7550.5, the Secretary of State shall submit to the Legislature, no later than January 10 of each year, a report that includes the total number of applications received for the program established by this chapter. The report shall disclose the number of program participants within each county and shall also describe any allegations of misuse relating to election purposes. (b) The Secretary of State shall commence accepting applications and other activities under this program on July 1, 1999. (c) Notwithstanding Section 7550.5, the Secretary of State shall submit to the Legislature by January 1, 2004, a report that includes the total number of pieces of mail forwarded to program participants, the number of program participants during the program’s duration, the number of program participants who obtained a confidential name change pursuant to subdivision (b) of Section 1277 of the Code of Civil Procedure, the average length of time a participant remains in the program, and the targeted code changes needed to improve the program’s efficiency and cost-effectiveness. (Amended by Stats. 2000, Ch. 33, Sec. 9. Effective January 1, 2001.)
  186. 62100.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. )

    Verify source ↗

    The authority must put at least 25% of allocated taxes into a separate low- and moderate-income housing fund and use the money for affordable housing purposes, generally within the plan area.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62100. (a) Not less than 25 percent of all taxes that are allocated to the authority from any participating entity pursuant to Section 62005 shall be deposited into a separate Low and Moderate Income Housing Fund pursuant to Section 62101 and used by the authority for the purposes of increasing, improving, and preserving the community’s supply of low- and moderate-income housing available at affordable housing cost, as defined by the following sections of the Health and Safety Code: Section 50052.5, to persons and families of low or moderate income, as defined in Section 50093, lower income households, as defined by Section 50079.5, very low income households, as defined in Section 50105, and extremely low income households, as defined by Section 50106, that is occupied by these persons and families unless the authority makes a finding that combining funding received under this program with other funding for the same purpose shall reduce administrative costs or expedite the construction of affordable housing. If the authority makes such a finding, then (1) an authority may transfer funding from the program adopted pursuant to subdivision (c) of Section 62003 to the housing authority within the territorial jurisdiction of the local jurisdiction that created the authority or to the entity that received the housing assets of the former redevelopment agency pursuant to Section 34176 of the Health and Safety Code or to a private nonprofit housing developer, and (2) Section 34176.1 of the Health and Safety Code shall not apply to funds transferred. Funding shall be spent within the plan area in which the funds were generated. Any recipient of funds transferred pursuant to this subdivision shall comply with all applicable provisions of this part. (b) In carrying out the purposes of this section, the authority may exercise any or all of its powers for the construction, rehabilitation, or preservation of affordable housing for extremely low, very low, low- and moderate-income persons or families, including the following: (1) Acquire real property or building sites subject to Section 62112. (2) (A) Improve real property or building sites with onsite or offsite improvements, but only if both (i) the improvements are part of the new construction or rehabilitation of affordable housing units for low- or moderate-income persons that are directly benefited by the improvements, and are a reasonable and fundamental component of the housing units, and (ii) the authority requires that the units remain available at affordable housing cost to, and occupied by, persons and families of extremely low, very low, low, or moderate income for the same time period and in the same manner as provided in subdivision (c) and paragraph (2) of subdivision (f) of Section 62101. (B) If the newly constructed or rehabilitated housing units are part of a larger project and the agency improves or pays for onsite or offsite improvements pursuant to the authority in this subdivision, the authority shall pay only a portion of the total cost of the onsite or offsite improvement. The maximum percentage of the total cost of the improvement paid for by the authority shall be determined by dividing the number of housing units that are affordable to low- or moderate-income persons by the total number of housing units, if the project is a housing project, or by dividing the cost of the affordable housing units by the total cost of the project, if the project is not a housing project. (3) Donate real property to private or public persons or entities. (4) Finance insurance premiums necessary for the provision of insurance during the construction or rehabilitation of properties that are administered by governmental entities or nonprofit organizations to provide housing for lower income households, as defined in Section 50079.5 of the Health and Safety Code, including rental properties, emergency shelters, transitional housing, or special residential care facilities. (5) Construct buildings or structures. (6) Acquire buildings or structures. (7) Rehabilitate buildings or structures. (8) Provide subsidies to, or for the benefit of, extremely low income households, as defined by Section 50106 of the Health and Safety Code, very low income households, as defined by Section 50105 of the Health and Safety Code, lower income households, as defined by Section 50079.5 of the Health and Safety Code, or persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct government subsidies. (9) Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness, or pay financing or carrying charges. (10) Maintain the community’s supply of mobilehomes. (11) Preserve the availability to lower income households of affordable housing units in housing developments that are assisted or subsidized by public entities and that are threatened with imminent conversion to market rates. (c) The authority may use these funds to meet, in whole or in part, the replacement housing provisions in Section 62120. However, this section shall not be construed as limiting in any way the requirements of that section. (d) The authority shall use these funds inside the plan area. (e) The Legislature finds and declares that expenditures or obligations incurred by the authority pursuant to this section shall constitute an indebtedness of the plan area. (f) (1) (A) An action to compel compliance with the requirement of this section to deposit not less than 25 percent of all taxes that are allocated to the authority pursuant to Section 62005 in the Low and Moderate Income Housing Fund shall be commenced within 10 years of the alleged violation. A cause of action for a violation accrues on the last day of the fiscal year in which the funds were required to be deposited in the Low and Moderate Income Housing Fund. (B) An action to compel compliance with the requirement of this section that money deposited in the Low and Moderate Income Housing Fund be used by the agency for purposes of increasing, improving, and preserving the community’s supply of low- and moderate-income housing available at affordable housing cost shall be commenced within 10 years of the alleged violation. A cause of action for a violation accrues on the date of the actual expenditure of the funds. (C) An agency found to have deposited less into the Low and Moderate Income Housing Fund than mandated by Section 62101 or to have spent money from the Low and Moderate Income Housing Fund for purposes other than increasing, improving, and preserving the community’s supply of low- and moderate-income housing, as mandated by this section, shall repay the funds with interest in one lump sum pursuant to Section 970.4 or 970.5 or may do either of the following: (i) Petition the court under Section 970.6 for repayment in installments. (ii) Repay the portion of the judgment due to the Low and Moderate Income Housing Fund in equal installments over a period of five years following the judgment. (2) Repayment shall not be made from the funds required to be set aside or used for low- and moderate-income housing pursuant to this section. (3) Notwithstanding clauses (i) and (ii) of subparagraph (C) of paragraph (1), all costs, including reasonable attorney’s fees if included in the judgment, are due and shall be paid upon entry of judgment or order. (4) Except as otherwise provided in this subdivision, Chapter 2 (commencing with Section 970) of Part 5 of Division 3.6 of Title 1 for the enforcement of a judgment against a local public entity applies to a judgment against a local public entity that violates this section. (5) This subdivision applies to actions filed on and after January 1, 2016. (6) The limitations period specified in subparagraphs (A) and (B) of paragraph (1) does not apply to a cause of action brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  187. 62101.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. )

    Verify source ↗

    The authority must keep covered funds in a separate housing fund and use them for low- and moderate-income housing, while recording and enforcing affordability restrictions on assisted units.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62101. (a) The funds that are required by Section 62100 or 62103 to be used for the purposes of increasing, improving, and preserving the community’s supply of low- and moderate-income housing shall be held in a separate Low and Moderate Income Housing Fund until used. (b) Any interest earned by the Low and Moderate Income Housing Fund and any repayments or other income to the authority for loans, advances, or grants, of any kind from the Low and Moderate Income Housing Fund, shall accrue to and be deposited in, the fund and may only be used in the manner prescribed for the Low and Moderate Income Housing Fund. (c) The moneys in the Low and Moderate Income Housing Fund shall be used to increase, improve, and preserve the supply of low- and moderate-income housing within the territorial jurisdiction of the authority. (d) It is the intent of the Legislature that the Low and Moderate Income Housing Fund be used to the maximum extent possible to defray the costs of production, improvement, and preservation of low- and moderate-income housing and that the amount of money spent for planning and general administrative activities associated with the development, improvement, and preservation of that housing not be disproportionate to the amount actually spent for the costs of production, improvement, or preservation of that housing. The authority shall determine annually that the planning and administrative expenses are necessary for the production, improvement, or preservation of low- and moderate-income housing. (e) (1) Planning and general administrative costs that may be paid with moneys from the Low and Moderate Income Housing Fund are those expenses incurred by the authority that are directly related to the programs and activities authorized under subdivision (e) of Section 62100 and are limited to the following: (A) Costs incurred for salaries, wages, and related costs of the authority’s staff or for services provided through interagency agreements, and agreements with contractors, including usual indirect costs related thereto. (B) Costs incurred by a nonprofit corporation which are not directly attributable to a specific project. (2) Legal, architectural, and engineering costs and other salaries, wages, and costs directly related to the planning and execution of a specific project that are authorized under subdivision (e) of Section 62100 and that are incurred by a nonprofit housing sponsor are not planning and administrative costs for the purposes of this section, but are instead project costs. (f) (1) The requirements of this subdivision apply to all new or substantially rehabilitated housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund. Except to the extent that a longer period of time may be required by other provisions of law, the authority shall require that housing units subject to this subdivision shall remain available at affordable housing cost to, and occupied by, persons and families of low or moderate income and very low income and extremely low income households for the longest feasible time, but for not less than the following periods of time: (A) Fifty-five years for rental units. However, the authority may replace rental units with equally affordable and comparable rental units in another location within the community if (i) the replacement units are available for occupancy prior to the displacement of any persons and families of low or moderate income residing in the units to be replaced, and (ii) the comparable replacement units are not developed with moneys from the Low and Moderate Income Housing Fund. (B) Forty-five years for owner-occupied units. However, the authority may permit sales of owner-occupied units prior to the expiration of the 45-year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program which protects the agency’s investment of moneys from the Low and Moderate Income Housing Fund, including, but not limited to, an equity sharing program which establishes a schedule of equity sharing that permits retention by the seller of a portion of those excess proceeds based on the length of occupancy. The remainder of the excess proceeds of the sale shall be allocated to the authority and deposited in the Low and Moderate Income Housing Fund. Only the units originally assisted by the authority shall be counted towards the agency’s obligations under Section 62102. (C) Fifteen years for mutual self-help housing units that are occupied by and affordable to very low and low-income households. However, the authority may permit sales of mutual self-help housing units prior to expiration of the 15-year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program that (i) protects the agency’s investment of moneys from the Low and Moderate Income Housing Fund, including, but not limited to, an equity sharing program that establishes a schedule of equity sharing that permits retention by the seller of a portion of those excess proceeds based on the length of occupancy, and (ii) ensures through a recorded regulatory agreement, deed of trust, or similar recorded instrument that if a mutual self-help housing unit is sold at any time after expiration of the 15-year period and prior to 45 years after the date of recording of the covenants or restrictions required pursuant to paragraph (2), the authority recovers, at a minimum, its original principal from the Low and Moderate Income Housing Fund from the proceeds of the sale and deposits those funds into the Low and Moderate Income Housing Fund. The remainder of the excess proceeds of the sale not retained by the seller shall be allocated to the agency and deposited in the Low and Moderate Income Housing Fund. For the purposes of this subparagraph, “mutual self-help housing unit” means an owner-occupied housing unit for which persons and families of very low and low income contribute no fewer than 500 hours of their own labor in individual or group efforts to provide a decent, safe, and sanitary ownership housing unit for themselves, their families, and others authorized to occupy that unit. This subparagraph shall not preclude the authority and the developer of the mutual self-help housing units from agreeing to 45-year deed restrictions. (2) If land on which those dwelling units are located is deleted from the plan area, the authority shall continue to require that those units remain affordable as specified in this subdivision. (3) The authority shall require the recording in the office of the county recorder of the following documents: (A) The covenants or restrictions implementing this subdivision for each parcel or unit of real property subject to this subdivision. The authority shall obtain and maintain a copy of the recorded covenants or restrictions for not less than the life of the covenant or restriction. (B) For all new or substantially rehabilitated units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund, a separate document called “Notice of Affordability Restrictions on Transfer of Property,” set forth in 14-point type or larger. This document shall contain all of the following information: (i) A recitation of the affordability covenants or restrictions. The document recorded under this subparagraph shall be recorded concurrently with the covenants or restrictions recorded under subparagraph (A), the recitation of the affordability covenants or restrictions shall also reference the concurrently recorded document. (ii) The date the covenants or restrictions expire. (iii) The street address of the property, including, if applicable, the unit number, unless the property is used to confidentially house victims of domestic violence. (iv) The assessor’s parcel number for the property. (v) The legal description of the property. (4) The authority shall require the recording of the document required under subparagraph (B) of paragraph (3) not more than 30 days after the date of recordation of the covenants or restrictions required under subparagraph (A) of paragraph (3). (5) The county recorder shall index the documents required to be recorded under paragraph (3) by the authority and current owner. (6) Notwithstanding Section 27383, a county recorder may charge all authorized recording fees to any party, including a public agency, for recording the document specified in subparagraph (B) of paragraph (3). (7) Notwithstanding any other law, the covenants or restrictions implementing this subdivision shall run with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the following: (A) The authority. (B) The city or county that established the authority. (C) A resident of a unit subject to this subdivision. (D) A residents’ association with members who reside in units subject to this subdivision. (E) A former resident of a unit subject to this subdivision who last resided in that unit. (F) An applicant seeking to enforce the covenants or restrictions for a particular unit that is subject to this subdivision, if the applicant conforms to all of the following: (i) Is of low or moderate income, as defined in Section 50093 of the Health and Safety Code. (ii) Is able and willing to occupy that particular unit. (iii) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing this subdivision. (G) A person on an affordable housing waiting list who is of low or moderate income, as defined in Section 50093, and who is able and willing to occupy a unit subject to this subdivision. (8) A dwelling unit shall not be counted as satisfying the affordable housing requirements of this part, unless covenants for that dwelling unit are recorded in compliance with subparagraph (A) of paragraph (3). (9) Failure to comply with the requirements of subparagraph (B) of paragraph (3) shall not invalidate any covenants or restrictions recorded pursuant to subparagraph (A) of paragraph (3). (g) “Housing,” as used in this section, includes residential hotels, as defined in subdivision (k) of Section 37912 of the Health and Safety Code. The definitions of “lower income households,” “very low income households,” and “extremely low income households” in Sections 50079.5, 50105, and 50106 of the Health and Safety Code shall apply to this section. “Longest feasible time,” as used in this section, includes, but is not limited to, unlimited duration. (h) “Increasing, improving, and preserving the community’s supply of low- and moderate-income housing,” as used in this section and in Section 62100, includes the preservation of rental housing units assisted by federal, state, or local government on the condition that units remain affordable to, and occupied by, low- and moderate-income households, including extremely low and very low income households, for the longest feasible time, but not less than 55 years, beyond the date the subsidies and use restrictions could be terminated and the assisted housing units converted to market rate rentals. In preserving these units the authority shall require that the units remain affordable to, and occupied by, persons and families of low- and moderate-income and extremely low and very low income households for the longest feasible time, but not less than 55 years. (i) Funds from the Low and Moderate Income Housing Fund shall not be used to the extent that other reasonable means of private or commercial financing of the new or substantially rehabilitated units at the same level of affordability and quantity are reasonably available to the agency or to the owner of the units. Prior to the expenditure of funds from the Low and Moderate Income Housing Fund for new or substantially rehabilitated housing units, where those funds will exceed 50 percent of the cost of producing the units, the authority shall find, based on substantial evidence, that the use of the funds is necessary because the authority or owner of the units has made a good faith attempt but has been unable to obtain commercial or private means of financing the units at the same level of affordability and quantity. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  188. 62102.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. )

    Verify source ↗

    Each authority must use Housing Fund money to support housing for low-income and very low income people, and also age-neutral housing, in specified proportions over each plan period.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62102. (a) Except as specified in subdivision (d), each authority shall expend over each 10-year period of the community revitalization plan the moneys in the Low and Moderate Income Housing Fund to assist housing for persons of low income and housing for persons of very low income in at least the same proportion as the total number of housing units needed that each of those income groups bears to the total number of units needed for persons of moderate, low, and very low income within the community, as those needs have been determined for the community pursuant to Section 65584. In determining compliance with this obligation, the authority may adjust the proportion by subtracting from the need identified for each income category, the number of units for persons of that income category that are newly constructed over the duration of the implementation plan with other locally controlled government assistance and without agency assistance and that are required to be affordable to, and occupied by, persons of the income category for at least 55 years for rental housing and 45 years for ownership housing, except that in making an adjustment the agency may not subtract units developed pursuant to a replacement housing obligation under state or federal law. (b) Each authority shall expend over the duration of each plan, the moneys in the Low and Moderate Income Housing Fund to assist housing that is available to all persons regardless of age in at least the same proportion as the number of low-income households with a member under 65 years of age bears to the total number of low-income households of the community as reported in the most recent census of the United States Census Bureau. (c) An authority that has deposited in the Low and Moderate Income Housing Fund over the first five years of the period of a plan an aggregate that is less than two million dollars ($2,000,000) shall have an extra five years to meet the requirements of this section. (d) For the purposes of this section, “locally controlled” means government assistance where the city or county that created the authority or other local government entity has the discretion and the authority to determine the recipient and the amount of the assistance, whether or not the source of the funds or other assistance is from the state or federal government. Examples of locally controlled government assistance include, but are not limited to, the Community Development Block Grant Program (42 U.S.C. Sec. 5301 et seq.) funds allocated to a city or county, the Home Investment Partnership Program (42 U.S.C. Sec. 12721 et seq.) funds allocated to a city or county, fees or funds received by a city or county pursuant to a city or county authorized program, and the waiver or deferral of city or other charges. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  189. 62103.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. )

    Verify source ↗

    Community revitalization plans must include a replacement-housing rule and must not reduce existing low-income housing occupancy counts in the plan area.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62103. Every community revitalization plan shall contain both of the following: (a) A provision that requires, whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low- and moderate-income housing market as part of a revitalization project, the authority to, within two years of such destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable housing costs, as defined by Section 50052.5 of the Health and Safety Code, within the territorial jurisdiction of the authority, in accordance with all of the provisions of Sections 62120 and 62120.5. (b) A provision that prohibits the number of housing units occupied by extremely low, very low-, and low-income households, including the number of bedrooms in those units, at the time the plan is adopted, from being reduced in the plan area during the effective period of the plan. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  190. 62104.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. )

    Verify source ↗

    Certain low- and moderate-income housing programs are entitled to priority consideration for assistance under specified state housing programs, if the housing is otherwise eligible.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62104. Programs to assist or develop low- and moderate-income housing pursuant to this part shall be entitled to priority consideration after a program implemented by a housing successor pursuant to Section 34176.1 of the Health and Safety Code for assistance in housing programs administered by the California Housing Finance Agency, the Department of Housing and Community Development, and other state agencies and departments, if those agencies or departments determine that the housing is otherwise eligible for assistance under a particular program. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  191. 62105.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. )

    Verify source ↗

    Multifamily rental housing receiving financial assistance under Sections 62100 and 62101 must follow the same notice requirements set out in Section 65863.10.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62105. The same notice requirements as specified in Section 65863.10 shall apply to multifamily rental housing that receives financial assistance pursuant to Sections 62100 and 62101. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  192. 62106.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. )

    Verify source ↗

    Assistance by an authority for certain affordable housing units may be counted to offset an agency’s obligations under Section 62100.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62106. Notwithstanding Sections 62100 and 62101, assistance provided by an authority to preserve the availability to lower income households of affordable housing units within the plan area which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates may be credited and offset against an agency’s obligations under Section 62100. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  193. 62107.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    An authority may adopt a spending plan for excess surplus in its Low and Moderate Income Housing Fund, but it must separately account for the surplus, include required plan details, and include the plan and amendments in its annual report if it develops one.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62107. (a) Except as otherwise provided in this subdivision, not later than six months following the close of any fiscal year of an authority in which excess surplus accumulates in the authority’s Low and Moderate Income Housing Fund, the authority may adopt a plan pursuant to this section for expenditure of all moneys in the Low and Moderate Income Housing Fund within five years from the end of that fiscal year. The plan may be general and need not be site-specific, but shall include objectives respecting the number and type of housing to be assisted, identification of the entities, which will administer the plan, alternative means of ensuring the affordability of housing units for the longest feasible time, as specified in subdivision (e) of Section 62101 the income groups to be assisted, and a schedule by fiscal year for expenditure of the excess surplus. (b) The authority shall separately account for any excess surplus accumulated each year either as part of or in addition to a Low and Moderate Income Housing Fund. (c) If the authority develops a plan for expenditure of excess surplus or other moneys in the Low and Moderate Income Housing Fund, a copy of that plan and any amendments to that plan shall be included in the authority’s annual report pursuant to Section 62006. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  194. 62108.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    If an authority leaves excess surplus in the housing fund too long, it must transfer it or spend it within set time limits, and later spending is restricted until it complies.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62108. (a) (1) Upon failure of the authority to expend or encumber excess surplus in the Low and Moderate Income Housing Fund within one year from the date the moneys become excess surplus, as defined in paragraph (1) of subdivision (g), the authority shall do either of the following: (A) Disburse voluntarily its excess surplus to the county housing authority, a private nonprofit housing developer, or to another public agency exercising housing development powers within the territorial jurisdiction of the agency in accordance with subdivision (b). (B) Expend or encumber its excess surplus within two additional years. (2) If an authority, after three years has elapsed from the date that the moneys become excess surplus, has not expended or encumbered its excess surplus, the authority shall be subject to sanctions pursuant to subdivision (e), until the authority has expended or encumbered its excess surplus plus an additional amount, equal to 50 percent of the amount of the excess surplus that remains at the end of the three-year period. The additional expenditure shall not be from the authority’s Low and Moderate Income Housing Fund, but shall be used in a manner that meets all requirements for expenditures from that fund. (b) The housing authority or other public agency to which the money is transferred shall utilize the moneys for the purposes of, and subject to the same restrictions that are applicable to, the authority under this part, and for that purpose may exercise all of the powers of a housing authority under Part 2 (commencing with Section 34200) of Division 24 of the Health and Safety Code to an extent not inconsistent with these limitations. (c) Notwithstanding Section 34209 of the Health and Safety Code or any other law, for the purpose of accepting a transfer of, and using, moneys pursuant to this section, the housing authority of a county or other public agency may exercise its powers within the territorial jurisdiction of an authority located in that county. (d) The amount of excess surplus that shall be transferred to the housing authority or other public agency because of a failure of the authority to expend or encumber excess surplus within one year shall be the amount of the excess surplus that is not so expended or encumbered. The housing authority or other public agency to which the moneys are transferred shall expend or encumber these moneys for authorized purposes not later than three years after the date these moneys were transferred from the Low and Moderate Income Housing Fund. (e) (1) Until a time when the authority has expended or encumbered excess surplus moneys pursuant to subdivision (a), the authority shall be prohibited from encumbering any funds or expending any moneys derived from any source, except that the authority may encumber funds and expend moneys to pay the following obligations, if any, that were incurred by the authority prior to three years from the date the moneys became excess surplus: (A) Bonds, notes, interim certificates, debentures, or other obligations issued by an authority, whether funded, refunded, assumed, or otherwise, pursuant to subdivision (f) of Section 62003. (B) Loans or moneys advanced to the authority, including, but not limited to, loans from federal, state, or local agencies, or a private entity. (C) Contractual obligations which, if breached, could subject the authority to damages or other liabilities or remedies. (D) Indebtedness incurred pursuant to Section 62100 or 62104. (E) An amount, to be expended for the operation and administration of the authority, that may not exceed 75 percent of the amount spent for those purposes in the preceding fiscal year. (2) This subdivision shall not be construed to prohibit the expenditure of excess surplus funds or other funds to meet the requirement in paragraph (2) of subdivision (a) that the agency spend or encumber excess surplus funds, plus an amount equal to 50 percent of excess surplus, prior to spending or encumbering funds for any other purpose. (f) This section shall not be construed to limit any authority that an authority may have under other provisions of this part to contract with a housing authority, private nonprofit housing developer, or other public agency exercising housing developer powers, for increasing or improving the community’s supply of low- and moderate-income housing. (g) For purposes of this section: (1) “Excess surplus” means any unexpended and unencumbered amount in an authority’s Low and Moderate Income Housing Fund that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the Low and Moderate Income Housing Fund pursuant to Sections 62100 and 62104 during the authority’s preceding four fiscal years. The first fiscal year to be included in this computation is the 2016–17 fiscal year, and the first date on which an excess surplus may exist is July 1, 2021. (2) Moneys shall be deemed encumbered if committed pursuant to a legally enforceable contract or agreement for expenditure for purposes specified in Sections 62100 and 62101. (3) (A) For purposes of determining whether an excess surplus exists, it is the intent of the Legislature to give credit to authorities which convey land for less than fair market value, on which low- and moderate-income housing is built or is to be built if at least 49 percent of the units developed on the land are available at an affordable housing cost to lower income households for at least the time specified in subdivision (e) of Section 62101, and otherwise comply with all of the provisions of this division applicable to expenditures of moneys from a low- and moderate-income housing fund established pursuant to Section 62101. Therefore, for the sole purpose of determining the amount, if any, of an excess surplus, an authority may make the following calculation: if an authority sells, leases, or grants land acquired with moneys from the Low and Moderate Income Housing Fund, established pursuant to Section 62101, for an amount which is below fair market value, and if at least 49 percent of the units constructed or rehabilitated on the land are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code, the difference between the fair market value of the land and the amount the authority receives may be subtracted from the amount of moneys in an agency’s Low and Moderate Income Housing Fund. (B) If taxes that are deposited in the Low and Moderate Income Housing Fund are used as security for bonds or other indebtedness, the proceeds of the bonds or other indebtedness, and income and expenditures related to those proceeds, shall not be counted in determining whether an excess surplus exists. The unspent portion of the proceeds of bonds or other indebtedness, and income related thereto, shall be excluded from the calculation of the unexpended and unencumbered amount in the Low and Moderate Income Housing Fund when determining whether an excess surplus exists. (C) This subdivision shall not be construed to restrict the authority of an authority provided in any other provision of this part to expend funds from the Low and Moderate Income Housing Fund. (D) The Department of Housing and Community Development shall develop and periodically revise the methodology to be used in the calculation of excess surplus as required by this section. The director shall appoint an advisory committee to advise in the development of this methodology. The advisory committee shall include department staff, affordable housing advocates, and representatives of the housing successors of former redevelopment agencies, the League of California Cities, the California Society of Certified Public Accountants, the Controller, and any other authorities or persons interested in the field that the director deems necessary and appropriate. (h) Communities in which an agency has disbursed excess surplus funds pursuant to this section shall not disapprove a low- or moderate-income housing project funded in whole or in part by the excess surplus funds if the project is consistent with applicable building codes and the land use designation specified in any element of the general plan as it existed on the date the application was deemed complete. A local agency may require compliance with local development standards and policies appropriate to and consistent with meeting the quantified objectives relative to the development of housing, as required in housing elements of the community pursuant to subdivision (b) of Section 65583. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  195. 62109.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    The authority must use certain housing funds in a way that increases affordable housing for lower-income households, keep some units affordable for 45 years, and report compliance.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62109. (a) Notwithstanding Sections 50079.5, 50093, and 50105 of the Health and Safety Code, for purposes of providing assistance to mortgagors participating in a homeownership residential mortgage revenue bond program pursuant to Section 33750 of the Health and Safety Code, or a home financing program pursuant to Section 52020 of the Health and Safety Code, or a California Housing Finance Agency home financing program, “area median income” means the highest of the following: (1) Statewide median household income. (2) Countywide median household income. (3) Median family income for the area, as determined by the United States Department of Housing and Urban Development with respect to either a standard metropolitan statistical area or an area outside of a standard metropolitan statistical area. (b) To the extent that any portion of the Low and Moderate Income Housing Fund is expended to provide assistance to mortgagors participating in programs whose income exceeds that of persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, the authority shall, within two years, expend or enter into a legally enforceable agreement to expend twice that sum exclusively to increase and improve the community’s supply of housing available at an affordable housing cost, as defined in Section 50052.5, to lower income households, as defined in Section 50079.5 of the Health and Safety Code, of which at least 50 percent shall be very low income households, as defined in Section 50105 of the Health and Safety Code. (c) In addition to the requirements of subdivision (c) of Section 33413 of the Health and Safety Code, the authority shall require that the lower and very low income dwelling units developed pursuant to this subdivision remain available at an affordable housing cost to lower and very low income households for at least 45 years, except as to dwelling units developed with the assistance of federal or state subsidy programs which terminate in a shorter period and cannot be extended or renewed. (d) The authority shall include within the report required by Section 62008 information with respect to compliance by the agency with the requirements of this subdivision. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  196. 62110.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    The authority may subordinate its covenants or restrictions only under listed financing and protection conditions.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62110. The covenants or restrictions imposed by the authority pursuant to subdivision (f) of Section 62101 may be subordinated under any of the following alternatives: (a) To a lien, encumbrance, or regulatory agreement under a federal or state program when a federal or state agency is providing financing, refinancing, or other assistance to the housing units or parcels, if the federal or state agency refuses to consent to the seniority of the authority’s covenant or restriction on the basis that it is required to maintain its lien, encumbrance, or regulatory agreement or restrictions due to statutory or regulatory requirements, adopted or approved policies, or other guidelines pertaining to the financing, refinancing, or other assistance of the housing units or parcels. (b) To a lien, encumbrance, or regulatory agreement of a lender other than the authority or from a bond issuance providing financing, refinancing, or other assistance of owner-occupied units or parcels where the authority makes a finding that an economically feasible alternative method of financing, refinancing, or assisting the units or parcels on substantially comparable terms and conditions, but without subordination, is not reasonably available. (c) To an existing lien, encumbrance, or regulatory agreement of a lender other than the authority or from a bond issuance providing financing, refinancing, or other assistance of rental units, where the agency’s funds are utilized for rehabilitation of the rental units. (d) To a lien, encumbrance, or regulatory agreement of a lender other than the authority or from a bond issuance providing financing, refinancing, or other assistance of rental units or parcels where the authority makes a finding that an economically feasible alternative method of financing, refinancing, or assisting the units or parcels on substantially comparable terms and conditions, but without subordination, is not reasonably available, and where the authority obtains written commitments reasonably designed to protect the authority’s investment in the event of default, including, but not limited to, any of the following: (1) A right of the authority to cure a default on the loan. (2) A right of the authority to negotiate with the lender after notice of default from the lender. (3) An agreement that if prior to foreclosure of the loan, the authority takes title to the property and cures the default on the loan, the lender will not exercise any right it may have to accelerate the loan by reason of the transfer of title to the authority. (4) A right of the authority to purchase property from the owner at any time after a default on the loan. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  197. 62111.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    Subsidies under this section may be used to pay part of the principal and interest on bonds for housing, if the authority contracts to pass the subsidy benefit on as lower housing costs.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62111. Subsidies provided pursuant to subdivision (e) of Section 62100 may include payment of a portion of the principal and interest on bonds issued by a public agency to finance housing for persons and families specified in that paragraph if the authority ensures by contract that the benefit of the subsidy will be passed on to those persons and families in the form of lower housing costs. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  198. 62112.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. )

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    The authority must start housing-development activities for each qualifying property interest within five years of acquiring it; the city or county may extend that period once by up to five more years, but if development still has not begun, the property must be sold and the sale proceeds deposited in the housing fund.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 1. Housing for Persons of Low and Moderate Income [62100 - 62112] ( Chapter 1 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62112. For each interest in real property acquired using moneys from the Low and Moderate Income Housing Fund, the authority shall, within five years from the date it first acquires the property interest for the development of housing affordable to persons and families of low and moderate income, initiate activities consistent with the development of the property for that purpose. These activities may include, but are not limited to, zoning changes or agreements entered into for the development and disposition of the property. If these activities have not been initiated within this period, the city or county that created the authority may, by resolution, extend the period during which the authority may retain the property for one additional period not to exceed five years. The resolution of extension shall affirm the intention of the city or county that the property be used for the development of housing affordable to persons and families of low and moderate income. In the event that physical development of the property for this purpose has not begun by the end of the extended period, or if the authority does not comply with this requirement, the property shall be sold and the moneys from the sale, less reimbursement to the agency for the cost of the sale, shall be deposited in the authority’s Low and Moderate Income Housing Fund. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  199. 62115.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. )

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    The authority must prepare a feasible relocation plan for displaced families, persons, and nonprofit local community institutions.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62115. The authority shall prepare a feasible method or plan for relocation of all of the following: (a) Families and persons to be temporarily or permanently displaced from housing facilities in the plan area. (b) Nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the project area. (c) The relocation plan required by this section shall comply with the relocation plan and assistance requirements of Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)
  200. 62116.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. )

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    The creating city or county must make sure displaced low- and moderate-income residents are not moved until suitable replacement housing is available, ready, and meets the stated standards.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 4. Community Revitalization and Investment Authorities [62000 - 62208] ( Division 4 added by Stats. 2015, Ch. 319, Sec. 2. ) ## PART 2. Housing [62100 - 62123] ( Part 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## CHAPTER 2. Replacement and Location [62115 - 62123] ( Chapter 2 added by Stats. 2015, Ch. 319, Sec. 2. ) ## 62116. The city, county, or city and county that created the authority shall insure that the method or plan of the authority for the relocation of families or single persons to be displaced by a revitalization project shall provide that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by the displaced person or family at rents comparable to those at the time of their displacement and that all other requirements of Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code are met. The housing units shall be suitable to the needs of those displaced persons or families and must be decent, safe, sanitary, and otherwise standard dwellings. The authority shall not displace the person or family until the housing units are available and ready for occupancy. (Added by Stats. 2015, Ch. 319, Sec. 2. (AB 2) Effective January 1, 2016.)

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